| Serial Number | 90667502 |
| Word Mark | WHEATLY'S BURGERS |
| Filing Date | Friday, April 23, 2021 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, February 20, 2024 |
| Registration Number | 7310815 |
| Registration Date | Tuesday, February 20, 2024 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, July 12, 2022 |
| Goods and Services | Hamburger sandwiches; chicken sandwiches; hot dog sandwiches; cheese sandwiches; veggie burger sandwiches; plant-based sandwiches; sandwiches; wrap sandwiches; burgers contained in bread rolls; condiments, namely, pickle relish and sandwich relish; mustard; ketchup; milk products, namely, ice cream and ice milk; all of the foregoing for consumption on or off the premises |
| Description of Mark | The mark consists of a stylized burger with wheat heads protruding from each side, above the word "WHEATLY'S" in stylized letters, above the word "BURGERS" in stylized letters. |
| Goods and Services | Chicken pieces; potato fries; French fried potatoes; milk and milk products excluding ice cream, ice milk and frozen yogurt; milk shakes; milk-based beverages; onion rings; cheese; prepared meals consisting primarily of meat and poultry; constituents for meals, namely, beef and chicken burger patties; plant-based veggie burger patties; all of the foregoing for consumption on or off the premises |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Goods and Services | Providing food and drink; food and drink preparation services; food and drink take-out restaurant services; restaurant services; fast-food restaurant services; quick service restaurant services; providing prepared meals; preparation of food and meals for consumption on or off the premises; all of the foregoing for consumption on or off the premises |
| Disclaimer with Predetermined Text | "BURGERS" |
| 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 | 6 - Active |
| Class Status Date | Thursday, May 12, 2022 |
| Primary Code | 029 |
| First Use Anywhere Date | Wednesday, July 7, 2021 |
| First Use In Commerce Date | Wednesday, July 7, 2021 |
| 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 | 6 - Active |
| Class Status Date | Thursday, May 12, 2022 |
| Primary Code | 030 |
| First Use Anywhere Date | Wednesday, July 7, 2021 |
| First Use In Commerce Date | Wednesday, July 7, 2021 |
| International Class | 043 - Services for providing food and drink; temporary accommodations. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, July 30, 2021 |
| Primary Code | 043 |
| First Use Anywhere Date | Wednesday, July 7, 2021 |
| First Use In Commerce Date | Wednesday, July 7, 2021 |
| Party Name | Wheatly's LLC |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Wichita, KS 67220 |
| Party Name | Wheatly's LLC |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Wichita, KS 67220 |
| Party Name | Wheatly's LLC |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Wichita, KS 67220 |
| Event Date | Event Description |
| Tuesday, February 20, 2024 | NOTICE OF REGISTRATION CONFIRMATION EMAILED |
| Tuesday, February 20, 2024 | REGISTERED-PRINCIPAL REGISTER |
| Thursday, January 18, 2024 | NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED |
| Wednesday, January 17, 2024 | ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED |
| Tuesday, December 19, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, December 19, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, December 19, 2023 | ASSIGNED TO LIE |
| Monday, July 24, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Saturday, April 22, 2023 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Saturday, April 22, 2023 | NON-FINAL ACTION E-MAILED |
| Saturday, April 22, 2023 | SU - NON-FINAL ACTION - WRITTEN |
| Saturday, March 18, 2023 | NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED |
| Friday, March 17, 2023 | STATEMENT OF USE PROCESSING COMPLETE |
| Monday, March 6, 2023 | USE AMENDMENT FILED |
| Friday, March 17, 2023 | SOU EXTENSION 1 GRANTED |
| Monday, March 6, 2023 | SOU EXTENSION 1 FILED |
| Friday, March 17, 2023 | CASE ASSIGNED TO INTENT TO USE PARALEGAL |
| Monday, March 6, 2023 | SOU TEAS EXTENSION RECEIVED |
| Monday, March 6, 2023 | TEAS STATEMENT OF USE RECEIVED |
| Tuesday, January 17, 2023 | ASSIGNED TO EXAMINER |
| Tuesday, September 6, 2022 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Tuesday, July 12, 2022 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, July 12, 2022 | PUBLISHED FOR OPPOSITION |
| Wednesday, June 22, 2022 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, June 8, 2022 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Thursday, May 12, 2022 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, May 11, 2022 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, May 11, 2022 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, December 30, 2021 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Thursday, December 30, 2021 | NON-FINAL ACTION E-MAILED |
| Thursday, December 30, 2021 | NON-FINAL ACTION WRITTEN |
| Saturday, December 18, 2021 | ASSIGNED TO EXAMINER |
| Saturday, July 31, 2021 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Friday, July 30, 2021 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |