| Serial Number | 78979953 |
| Word Mark | TOMAYDÓ TOMAHHDÓ |
| Filing Date | Wednesday, December 22, 2004 |
| Status | 710 - CANCELLED - SECTION 8 |
| Status Date | Friday, December 26, 2014 |
| Registration Number | 3433399 |
| Registration Date | Tuesday, May 20, 2008 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, May 22, 2007 |
| Indication of Colors claimed | The color(s) red, tan, green and white is/are claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | "TOMATO" |
| Description of Mark | The mark consists of a square field containing two horizontal red stripes bistected by a horizontal center white stripe, wherein the uppermost red horizontal stripe contains a stylized representation of the word "TOMAYDÓ" in white script, the lowermost red horizontal stripe contains a stylized representation of the word "TOMAHHDÓ" in white script, and the center white horizontal stripe contains a stylized representation of two tomatoes which are red and green in color, the entire square being framed with a tan irregular border. |
| Goods and Services | commemorative clothing, namely, T-shirts, chef coats, vests, sweatshirts, and polo shirts |
| Goods and Services | soups; fruit, vegetable and meat salads; dips, namely, those used for fruit and vegetables |
| Goods and Services | salad dressing; sandwiches and sandwich wraps containing meat; pizzas; pastas; macaroni, rice, and pasta salad; bakery desserts; pastries; cookies; breads; coffee and tea |
| Goods and Services | frozen fruit beverages, fruit drinks |
| Goods and Services | restaurant and take-out food services |
| Pseudo Mark | TOMATO TOMATO |
| International Class | 025 - Clothing, footwear, headgear. |
| US Class Codes | 022, 039 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, December 26, 2014 |
| Primary Code | 025 |
| First Use Anywhere Date | Sunday, December 15, 2002 |
| First Use In Commerce Date | Wednesday, December 15, 2004 |
| International Class | 029 - Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats. |
| US Class Codes | 046 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, December 26, 2014 |
| Primary Code | 029 |
| First Use Anywhere Date | Sunday, December 15, 2002 |
| First Use In Commerce Date | Sunday, December 15, 2002 |
| 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, December 26, 2014 |
| Primary Code | 030 |
| First Use Anywhere Date | Sunday, December 15, 2002 |
| First Use In Commerce Date | Sunday, December 15, 2002 |
| 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, December 26, 2014 |
| Primary Code | 032 |
| First Use Anywhere Date | Sunday, December 15, 2002 |
| First Use In Commerce Date | Sunday, December 15, 2002 |
| 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, December 26, 2014 |
| Primary Code | 043 |
| First Use Anywhere Date | Sunday, December 15, 2002 |
| First Use In Commerce Date | Sunday, December 15, 2002 |
| Party Name | Back Burner, Inc. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 03 - Corporation |
| Address | Bratenahl, OH 44108 |
| Party Name | Back Burner, Inc. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Bratenahl, OH 44108 |
| Party Name | Back Burner, Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Bratenahl, OH 44108 |
| Event Date | Event Description |
| Friday, December 26, 2014 | CANCELLED SEC. 8 (6-YR) |
| Monday, June 16, 2008 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Monday, June 16, 2008 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Tuesday, May 20, 2008 | REGISTERED-PRINCIPAL REGISTER |
| Friday, April 11, 2008 | LAW OFFICE REGISTRATION REVIEW COMPLETED |
| Tuesday, April 8, 2008 | ASSIGNED TO LIE |
| Sunday, March 30, 2008 | ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED |
| Wednesday, March 5, 2008 | NOTICE OF DESIGN SEARCH CODE MAILED |
| Tuesday, March 4, 2008 | STATEMENT OF USE PROCESSING COMPLETE |
| Tuesday, February 12, 2008 | USE AMENDMENT FILED |
| Tuesday, March 4, 2008 | DIVISIONAL PROCESSING COMPLETE |
| Tuesday, February 12, 2008 | DIVISIONAL REQUEST RECEIVED |
| Tuesday, February 12, 2008 | PAPER RECEIVED |
| Tuesday, August 14, 2007 | NOA MAILED - SOU REQUIRED FROM APPLICANT |
| Tuesday, May 22, 2007 | PUBLISHED FOR OPPOSITION |
| Wednesday, May 2, 2007 | NOTICE OF PUBLICATION |
| Monday, March 26, 2007 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Friday, March 23, 2007 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Thursday, March 22, 2007 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, March 22, 2007 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, March 22, 2007 | ASSIGNED TO LIE |
| Thursday, February 15, 2007 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, August 16, 2006 | NON-FINAL ACTION E-MAILED |
| Wednesday, August 16, 2006 | NON-FINAL ACTION WRITTEN |
| Wednesday, August 16, 2006 | NON-FINAL ACTION E-MAILED |
| Wednesday, August 16, 2006 | NON-FINAL ACTION WRITTEN |
| Monday, July 31, 2006 | PETITION GRANTED - REMAIL OFFICE ACTION |
| Monday, July 17, 2006 | COMMUNICATION RECEIVED FROM PETITIONER |
| Tuesday, July 18, 2006 | FAX RECEIVED |
| Monday, July 17, 2006 | FAX RECEIVED |
| Friday, June 16, 2006 | INCOMPLETE PETITION NOTICE MAILED |
| Monday, April 24, 2006 | PETITION TO REVIVE-RECEIVED |
| Monday, April 24, 2006 | PAPER RECEIVED |
| Tuesday, March 14, 2006 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Thursday, March 2, 2006 | ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND |
| Wednesday, March 1, 2006 | ABANDONMENT - FAILURE TO RESPOND OR LATE RESPONSE |
| Tuesday, August 2, 2005 | PRIORITY ACTION E-MAILED |
| Tuesday, August 2, 2005 | PRIORITY ACTION WRITTEN |
| Wednesday, July 27, 2005 | ASSIGNED TO EXAMINER |
| Friday, May 27, 2005 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Friday, May 27, 2005 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Tuesday, March 1, 2005 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Wednesday, January 5, 2005 | NEW APPLICATION ENTERED IN TRAM |