| Serial Number | 85310945 |
| Word Mark | THE SOFT SERVE FRUIT CO |
| Filing Date | Tuesday, May 3, 2011 |
| Status | 710 - CANCELLED - SECTION 8 |
| Status Date | Friday, March 1, 2019 |
| Registration Number | 4181817 |
| Registration Date | Tuesday, July 31, 2012 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, May 15, 2012 |
| Indication of Colors claimed | The color(s) green, dark green, light green, yellow, white and brown is/are claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | "THE SOFT SERVE FRUIT CO", "CHOLESTEROL FREE", "FAT FREE", "DAIRY FREE" AND "GLUTEN FREE" |
| Description of Mark | The mark consists of an off diagonal box, lower on the left side and higher on the right side, consisting of an outer border of dark green, and middle border of light green, and thinner inner border of brown, shaded in the same color as the middle border, with the word "The" appearing diagonally in the upper left corner in brown outlined in yellow, below that and at the same angle, the words "SOFT SERVE FRUIT" appearing in yellow with a brown shadow, below that on the lower right corner and without the diagonal angle, the word "Co" appearing in brown with a yellow outline and underlined in the same color scheme and below that in the lower right corner, a circle consisting of a brown outer border, a thinner white border inside that, an equal size green border inside that, a thicker white border inside that, and then another green border, white border and brown border nearing the middle of the circle. Within the circle and sticking out of it at points is a yellow peeled banana, with the edges outlined in brown, with the peel partially still on and coming to three points with green tips and one point with a green and brown tip, with an ice-cream looking product coming out of the peel, in alternating white and brown, with a white spoon outlined in brown protruding from the left side. Running on the top side of the thicker white border of the circle, taking up about two thirds of the circle, in capital brown letters, are the words "CHOLESTEROL FREE", separated by the spoon handle, "FAT FREE", separated by the tip of the ice-cream type looking product, "DAIRY FREE", and separated by a slash mark, " GLUTEN FREE". |
| Goods and Services | Non-dairy, cholesterol free, gluten free and fat free frozen confections |
| Goods and Services | Dairy free, cholesterol free, gluten free and fat free smoothies |
| Goods and Services | Restaurant services, namely, providing of dairy free, cholesterol free, gluten free and fat free food and beverages for consumption on and off the premises |
| Pseudo Mark | THE SOFT SERVE FRUIT COMPANY |
| International Class | 030 - Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces (condiments); spices; ice. |
| US Class Codes | 046 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, March 1, 2019 |
| Primary Code | 030 |
| First Use Anywhere Date | Friday, April 15, 2011 |
| First Use In Commerce Date | Friday, April 15, 2011 |
| International Class | 032 - Beers; mineral and aerated waters and other nonalcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. |
| US Class Codes | 045, 046, 048 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, March 1, 2019 |
| Primary Code | 032 |
| First Use Anywhere Date | Friday, April 15, 2011 |
| First Use In Commerce Date | Friday, April 15, 2011 |
| International Class | 043 - Services for providing food and drink; temporary accommodations. |
| US Class Codes | 100, 101 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, March 1, 2019 |
| Primary Code | 043 |
| First Use Anywhere Date | Friday, April 15, 2011 |
| First Use In Commerce Date | Friday, April 15, 2011 |
| Party Name | SOFT SERVE FRUIT CO LLC |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | New York, NY 10011 |
| Party Name | SOFT SERVE FRUIT CO LLC |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | New York, NY 10011 |
| Party Name | SOFT SERVE FRUIT CO LLC |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | New York, NY 10011 |
| Event Date | Event Description |
| Friday, March 1, 2019 | CANCELLED SEC. 8 (6-YR) |
| Monday, July 31, 2017 | COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED |
| Tuesday, July 31, 2012 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, May 15, 2012 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, May 15, 2012 | PUBLISHED FOR OPPOSITION |
| Wednesday, April 25, 2012 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Saturday, April 7, 2012 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Friday, April 6, 2012 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Thursday, April 5, 2012 | EXAMINER'S AMENDMENT ENTERED |
| Thursday, April 5, 2012 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Thursday, April 5, 2012 | EXAMINERS AMENDMENT E-MAILED |
| Thursday, April 5, 2012 | EXAMINERS AMENDMENT -WRITTEN |
| Monday, April 2, 2012 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
| Monday, March 19, 2012 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
| Monday, March 5, 2012 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Friday, March 2, 2012 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Thursday, February 9, 2012 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, February 9, 2012 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, January 30, 2012 | ASSIGNED TO LIE |
| Tuesday, January 17, 2012 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, July 29, 2011 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Friday, July 29, 2011 | NON-FINAL ACTION E-MAILED |
| Friday, July 29, 2011 | NON-FINAL ACTION WRITTEN |
| Friday, July 29, 2011 | ASSIGNED TO EXAMINER |
| Tuesday, May 10, 2011 | NOTICE OF DESIGN SEARCH CODE MAILED |
| Monday, May 9, 2011 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Friday, May 6, 2011 | NEW APPLICATION ENTERED IN TRAM |