Eat.bowl.play. Trademark Details
Word Mark | Eat.Bowl.Play. |
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Status | Alive 771 — Concurrent Use Proceeding Pending |
Current Owner
Main Event Entertainment, Inc. of Carrollton, TX
View all trademarks for Main Event Entertainment, Inc.Serial Number | 85859477 |
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Status Date | Friday, December 18, 2015 |
Filing Date | Friday, December 18, 2015 |
Attorney | Kay Lyn Schwartz |
Correspondent
KAY LYN SCHWARTZ
GARDERE WYNNE SEWELL LLP
3000 THANKSGIVING TOWER 1601 ELM STREET
DALLAS, TX 75201-4761
GARDERE WYNNE SEWELL LLP
3000 THANKSGIVING TOWER 1601 ELM STREET
DALLAS, TX 75201-4761
Case File Statements
Concurrent Use Statement | Concurrent use information. Applicant submits this concurrent use application and seeks registration of the mark for entertainment services in the nature of family entertainment centers for the United States with the exception of Hopkins, Minnesota. Applicant has been made aware of, upon information and belief, the use of the mark EAT BOWL PLAY by Tuttle Hopkins Recreation Inc. ("Tuttle's - Hopkins, Minnesota") in the city of Hopkins, Minnesota in connection with a locally owned family entertainment center as shown on http://www.tuttlesbowling.com. Upon information and belief, based on website archival information, such use commenced on or about June, 2011. Applicant is not aware of any application for federal registration having been filed by Tuttle's - Hopkins, Minnesota and that any rights possessed by Tuttle's - Hopkins, Minnesota would be based under the common law. Upon information and belief, Applicant has used the mark EAT BOWL PLAY in commerce in connection with the applied-for services prior to the earliest of any filing date of an application in which Tuttle's - Hopkins, Minnesota can rely. |
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Concurrent Use Statement | Pursuant to the Examining Attorney's requirements, Applicant respectfully submits that its concurrent use claim is based on Criteria 4. Applicant's date of first use in commerce is prior to the filing date of any application that may be filed by the excepted user. Applicant claims all modes of use of its mark, and is not seeking any condition or limitation as to the mode of use of its mark. Applicant provides the following address of the excepted user: 107 Shady Oak Road, Hopkins, MN 55343. Please accept the following concurrent use statement. Subject to Concurrent Use Proceeding with Tuttle Hopkins Recreation, Inc., located at 107 Shady Oak Road, Hopkins, MN 55343. Applicant claims the exclusive right to use the mark in the area comprising the United States with the exception of Hopkins, Minnesota. |
Goods & Services | Entertainment services, namely amusement centers |
Pseudo Mark | Eat. Bowl. Play. |
Classifications
International Class Codes |
041
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U.S. Class Codes | 100, 101, 107 |
Status | 6 — Active |
Status Date | Monday, March 4, 2013 |
First Use Anywhere | Friday, January 1, 2010 |
First Use In Commerce | Friday, January 1, 2010 |
Primary Code | 041 |
Trademark Timeline
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Jan 01 2010First use anywhere for the mark
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Jan 01 2010First use in commerce for the mark
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Feb 25 2013Trademark application filed with USPTO
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Feb 28 2013New Application Entered In Tram
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Mar 04 2013New Application Office Supplied Data Entered In Tram
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Mar 05 2013Notice of Pseudo Mark E-Mailed
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Jun 08 2013Assigned To Examiner
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Jun 15 2013Notification of Non-Final Action E-Mailed
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Jun 15 2013Non-Final Action E-Mailed
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Jun 15 2013Non-Final Action Written
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Dec 13 2013Teas/email Correspondence Entered
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Dec 13 2013Correspondence Received In Law Office
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Dec 13 2013Teas Response To Office Action Received
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Jan 09 2014Approved For Pub - Principal Register
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Jan 30 2014Assigned To Lie
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Jan 31 2014Law Office Publication Review Completed
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Feb 19 2014Notification of Notice of Publication E-Mailed
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Mar 11 2014Official Gazette Publication Confirmation E-Mailed
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Mar 11 2014Published For Opposition
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Sep 05 2014Opposition Papers Received At Ttab
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Sep 17 2014Opposition Instituted No. 999999
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Dec 18 2015Opposition Terminated No. 999999
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Dec 18 2015Opposition Dismissed No. 999999
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Dec 18 2015Concurrent Use Proc. Instituted No. 999999