| Serial Number | 97886190 |
| Word Mark | THE WHITE ELEPHANT SINCE 1946 |
| Filing Date | Thursday, April 13, 2023 |
| Status | 771 - CONCURRENT USE PROCEEDING PENDING |
| Status Date | Tuesday, July 16, 2024 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, July 16, 2024 |
| Description of Mark | The mark consists of a stylized elephant in black with the wording "THE WHITE ELEPHANT" in red font and "SINCE 1946" in black font on the side of the elephant. The color white is background and is not claimed as a feature of the mark. |
| Pseudo Mark | THE WHITE ELEPHANT SINCE NINETEEN FORTY SIX; THE WHITE ELEPHANT SINCE ONE THOUSAND NINE HUNDRED FORTY SIX; THE WHITE ELEPHANT SINCE ONE NINE FOUR SIX |
| Concurrent Use Statement | Please see concurrent use information included in PDF attachment submitted under Evidence Section. |
| Indication of Colors claimed | The color(s) red and black is/are claimed as a feature of the mark. |
| Goods and Services | Retail store services featuring toys, sporting goods, and apparel |
| Concurrent Use Statement | In addition to the statements set forth in the evidence section of Applicant's Response to Office Action filed February 29, 2024, Applicant states as follows: Applicant is entitled to a concurrent use registration because Applicant's "date of first use in commerce is before the filing date" of the Reg. No. 3,318,975. T.M.E.P. § 1207.04(c) (citing, e.g., 37 C.F.R. § 2.99(e)). Further, no other person except as specified in the application has the right to use the mark in commerce. |
| NOT AVAILABLE | SINCE 1946 |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, May 9, 2023 |
| Primary Code | 035 |
| First Use Anywhere Date | Sunday, June 30, 1946 |
| First Use In Commerce Date | Sunday, June 30, 1946 |
| Party Name | The Trustees of the John R. Conley, Sr. Legacy Trust |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 17 - Trust |
| Address | Spokane, WA 99202 |
| Party Name | The Trustees of the John R. Conley, Sr. Legacy Trust |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 17 - Trust |
| Address | Spokane, WA 99202 |
| Event Date | Event Description |
| Tuesday, May 9, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Monday, April 17, 2023 | NEW APPLICATION ENTERED |
| Wednesday, May 10, 2023 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Wednesday, January 10, 2024 | ASSIGNED TO EXAMINER |
| Thursday, January 11, 2024 | NON-FINAL ACTION WRITTEN |
| Thursday, January 11, 2024 | NON-FINAL ACTION E-MAILED |
| Thursday, January 11, 2024 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Thursday, February 29, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, February 29, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, February 29, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, April 16, 2024 | NON-FINAL ACTION WRITTEN |
| Tuesday, April 16, 2024 | NON-FINAL ACTION E-MAILED |
| Tuesday, April 16, 2024 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Friday, April 19, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, April 19, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, April 19, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, June 12, 2024 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, June 26, 2024 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, July 16, 2024 | PUBLISHED FOR OPPOSITION |
| Tuesday, July 16, 2024 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, July 16, 2024 | PUBLISHED FOR OPPOSITION |
| Tuesday, July 16, 2024 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |