| Serial Number | 87847040 |
| Word Mark | XI'AN GOURMET |
| Filing Date | Friday, March 23, 2018 |
| Status | 606 - ABANDONED - NO STATEMENT OF USE FILED |
| Status Date | Monday, June 8, 2020 |
| 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, August 6, 2019 |
| Indication of Colors claimed | The color(s) red, gold, yellow, and black is/are claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "XI'AN GOURMET" AND THE NON-LATIN CHARACTERS THAT TRANSLITERATE TO "BIANG NOODLE", "CHUAN SHAN", AND "CHI" APART FROM THE MARK AS SHOWN. |
| Description of Mark | The mark consists of a circular design in red, gold and yellow, with Chinese characters in red each within its own smaller circle in yellow across the top along the edge of the circular design. The 5th small circle includes Chinese characters in black. The center circle in yellow with traditional Chinese character "BIANG" in red recognized in Shanxi, China as the name of a special noodle, in the background the designs of a phoenix and dragon in gold, surrounded by a red patterned border. The outer circle is in red, bordered in gold, with gold dragon designs, and the wording "XI'AN GOURMET" IN YELLOW in the lower portion. |
| Goods and Services | Household containers for foods; Insulated containers for food or beverages; Lockable non-metal household containers for food |
| Goods and Services | Noodle-based prepared meals; Noodles and sauce mixes combined in unitary packages; Noodles and seasoning mixes combined in unitary packages; Noodles, sauce, and processed vegetables combined in unitary packages; Noodles, sauce, and seasoning toppings combined in unitary packages; Noodles, sauce, and topping combined in unitary packages; Noodles, sauce, dehydrated vegetables, and topping combined in unitary packages; Noodles, seasonings, edible oil, and dehydrated vegetables combined in unitary packages; Noodles, seasonings, edible oil, and flavorings combined in unitary packages; Wheat flour; Wheat-based snack foods; Bean flour; Bean-starch noodles (harusame, uncooked); Chow mein noodles; Coatings for foods made of breading; Flavourings, other than essential oils, for foods; Frozen foods, namely, grain and bread based appetizers, hors d'oeuvres, and canapés; Grain-based snack foods; Instant noodles; Instant chinese noodles; Japanese horseradish powder spice (wasabi powder); Mix for making combined noodle and sauce dish; Prepared wasabi; Ramen noodles; Rice-based snack foods; Soba noodles; Prepared meals consisting primarily of pasta or rice |
| Goods and Services | Restaurant Food preparation services featuring fresh, properly proportioned, healthy meals designed to fuel metabolism and burn fat and made to order for delivery or pick up; Food preparation services featuring Traditional Chinese Foods |
| Transliteration Statement | The non-Latin characters in the mark transliterate to "SICHUAN SHANXI MING CHI" and "BIANG" and this means "SICHUAN SHANXI FAMOUS FOOD" and "TRADITIONAL CHARACTER FOR A TYPE OF NOODLE" in English. |
| International Class | 021 - Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel-wool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes. |
| US Class Codes | 002, 013, 023, 029, 030, 033, 040, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, March 30, 2018 |
| Primary Code | 021 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | Friday, March 30, 2018 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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, March 30, 2018 |
| Primary Code | 043 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | NOT AVAILABLE |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 01 - Individual |
| Address | Wayne, PA 19087 |
| Party Name | NOT AVAILABLE |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 01 - Individual |
| Address | Wayne, PA 19087 |
| Event Date | Event Description |
| Monday, June 8, 2020 | ABANDONMENT NOTICE E-MAILED - NO USE STATEMENT FILED |
| Monday, June 8, 2020 | ABANDONMENT - NO USE STATEMENT FILED |
| Tuesday, October 1, 2019 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Tuesday, August 6, 2019 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, August 6, 2019 | PUBLISHED FOR OPPOSITION |
| Wednesday, July 17, 2019 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Thursday, June 27, 2019 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Thursday, June 27, 2019 | EXAMINER'S AMENDMENT ENTERED |
| Thursday, June 27, 2019 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Thursday, June 27, 2019 | EXAMINERS AMENDMENT E-MAILED |
| Thursday, June 27, 2019 | EXAMINERS AMENDMENT -WRITTEN |
| Saturday, April 6, 2019 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Saturday, April 6, 2019 | NON-FINAL ACTION E-MAILED |
| Saturday, April 6, 2019 | NON-FINAL ACTION WRITTEN |
| Wednesday, March 13, 2019 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
| Tuesday, March 5, 2019 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
| Tuesday, February 19, 2019 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Thursday, February 7, 2019 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, February 7, 2019 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, February 1, 2019 | ASSIGNED TO LIE |
| Monday, January 28, 2019 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Sunday, October 28, 2018 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Sunday, October 28, 2018 | NON-FINAL ACTION E-MAILED |
| Sunday, October 28, 2018 | NON-FINAL ACTION WRITTEN |
| Wednesday, October 3, 2018 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, October 3, 2018 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, October 3, 2018 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, July 16, 2018 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Monday, July 16, 2018 | NON-FINAL ACTION E-MAILED |
| Monday, July 16, 2018 | NON-FINAL ACTION WRITTEN |
| Monday, July 9, 2018 | ASSIGNED TO EXAMINER |
| Saturday, March 31, 2018 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Friday, March 30, 2018 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Tuesday, March 27, 2018 | NEW APPLICATION ENTERED IN TRAM |