| Serial Number | 77325654 |
| Word Mark | TIO OXIE'S FRESH MEXICALI |
| Filing Date | Friday, November 9, 2007 |
| Status | 606 - ABANDONED - NO STATEMENT OF USE FILED |
| Status Date | Monday, March 23, 2009 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, May 27, 2008 |
| Indication of Colors claimed | The color(s) dark green, light green, green, yellow, red, blue, grey, black and white is/are claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | "FRESH MEXICALI" |
| Description of Mark | The mark consists of the black term "TIO" with a red outline written inside a white sombrero with a black outline. The outside shadow of the sombrero is grey. The sombrero is on top of a jalapeno and outlined in the color black. The stem of the jalapeno color is yellow with a black outline and is sitting on a light and dark green patch. The left side of the body of the jalapeno is green and right side of the body is light green. The jalapeno has two arms and hands holding maracas. The two maracas are outlined in black with a blue background and a dark green horizontal stripe that is outlined in black. On the right side of the jalapeno are the letters "OXIE'S" in black with red outline. The letter "E" in the term "OXIE'S" has 9 dots around the left side, also in the color black with a red outline. On the bottom of "TIO OXIE'S" is the phrase "FRESH MEXICALI" in the color black. |
| Goods and Services | Fast-food restaurants |
| Name/Portrait Description and/or Consent Statement | The name "Tio Oxie's" identifies a living individual whose consent is of record. |
| Pseudo Mark | TIO OXIE'S FRESH MEXICAN CALIFORNIA |
| Translation of Words in Mark | The foreign wording in the mark translates into English as "Uncle". |
| International Class | 043 - Services for providing food and drink; temporary accommodations. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, November 15, 2007 |
| Primary Code | 043 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Occiano, Inc. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Deland, FL 32724 |
| Party Name | Occiano, Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Deland, FL 32724 |
| Event Date | Event Description |
| Monday, March 23, 2009 | ABANDONMENT NOTICE MAILED - NO USE STATEMENT FILED |
| Monday, March 23, 2009 | ABANDONMENT - NO USE STATEMENT FILED |
| Wednesday, October 1, 2008 | ASSIGNED TO EXAMINER |
| Tuesday, August 19, 2008 | NOA MAILED - SOU REQUIRED FROM APPLICANT |
| Tuesday, May 27, 2008 | PUBLISHED FOR OPPOSITION |
| Wednesday, May 7, 2008 | NOTICE OF PUBLICATION |
| Wednesday, April 23, 2008 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Wednesday, April 23, 2008 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, April 23, 2008 | EXAMINER'S AMENDMENT ENTERED |
| Wednesday, April 23, 2008 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Wednesday, April 23, 2008 | EXAMINERS AMENDMENT E-MAILED |
| Wednesday, April 23, 2008 | EXAMINERS AMENDMENT -WRITTEN |
| Thursday, April 17, 2008 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, April 17, 2008 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, April 16, 2008 | ASSIGNED TO LIE |
| Saturday, April 12, 2008 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, February 26, 2008 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Tuesday, February 26, 2008 | NON-FINAL ACTION E-MAILED |
| Tuesday, February 26, 2008 | NON-FINAL ACTION WRITTEN |
| Monday, February 25, 2008 | ASSIGNED TO EXAMINER |
| Saturday, November 17, 2007 | NOTICE OF DESIGN SEARCH CODE MAILED |
| Thursday, November 15, 2007 | NEW APPLICATION ENTERED IN TRAM |