Family Thrift Center Trademark Details
Word Mark | Family Thrift Center |
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Status | Dead 604 — Abandoned - After Inter-Partes Decision |
Current Owner
Youth Educational Services, Inc. of Houston, TX
View all trademarks for Youth Educational Services, Inc.Serial Number | 85001182 |
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Status Date | Monday, November 9, 2015 |
Filing Date | Monday, November 9, 2015 |
Attorney | Darin M. Klemchuk |
Correspondent
Darin M. Klemchuk
Klemchuk Kubasta LLP
8150 N Central Expressway, 10th Floor
Dallas TX 75206
Klemchuk Kubasta LLP
8150 N Central Expressway, 10th Floor
Dallas TX 75206
Case File Statements
Concurrent Use Statement | Applicant respectfully requests that the present application be amended to seek a concurrent use registration pursuant to 15 U.S.C. § 1052(d), 37 C.F.R. §§ 2.42 and 2.73 and TMEP § 1207.04(c) in view of the cited registration. Applicant has been using the mark FAMILY THRIFT CENTER in connection with retail stores featuring new and used clothing and new and used general consumer merchandise in International Class 35 since at least as early as May 17, 1978. Applicant seeks registration of its mark in connection with all of the services identified in its Application. It seeks to use the mark in connection with these services throughout the entire United States, except for the geographic regions of Western South Dakota and Scottsbluff, Nebraska. Applicant's mode of use is in all advertising, marketing and promotion, including signage, in connection with its services identified in the Application. 37 C.F.R. § 2.42. To the extent of Applicant's knowledge, there is one exception to its claim of exclusive use (based on the Trademark Office's position that such use is confusingly similar to the mark of the present application). The excepted use is: FAMILY THRIFT CENTER & Design The relevant service are retail grocery and general merchandise store services. The geographic area of use of this mark is Western South Dakota and Scottsbluff, Nebraska. The Registrant claims a period of use of this mark beginning at least as early as October 31, 1998. 15 U.S.C. § 1051(a)(3)(D); 37 C.F.R. § 2.42. The excepted user is Nash-Finch Company, a Delaware corporation ("Registrant"). Its address is 7600 France Avenue South, Minneapolis, Minnesota. The excepted user has been issued U.S. Trademark Registration No. 2,505,778 for the above-referenced mark, which is the cited registration upon which the Trademark Office is denying registration of Applicant's mark based on an alleged likelihood of confusion. To the best of Applicant's knowledge, the mode of use of the excepted user's mark is in connection with advertising and promotion, including signage, of a grocery store. 37 C.F.R. § 2.42. Applicant has established rights in the mark FAMILY THRIFT CENTER dating back to 1978, which far predates the Registrant's claimed October 31, 1998 date of first use and the February 19, 1999 filing date of the application that resulted in the cited registration. As a result, Applicant has superior rights in the FAMILY THRIFT CENTER mark, at least with respect to that portion of the country where Registrant is not using its mark. Further, Applicant's superior rights in the FAMILY THRIFT CENTER mark extend to Applicant's right to use and register the mark FAMILY THRIFT CENTER, which the Trademark Office considers to be confusingly similar to Registrant's mark. Pending the amendment of the present Application, Applicant will amend its verification to indicate that no one except as identified in its application has a right to use the mark. TMEP § 804.02. Accordingly, Applicant respectfully requests that its Application be amended to reflect its request for a concurrent-use registration. |
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Disclaimer with Predetermined Text | "Thrift Center" |
Goods & Services | Retail stores featuring new and used clothing and new and used general consumer merchandise |
Classifications
International Class Codes |
035
|
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U.S. Class Codes | 100, 101, 102 |
Status | 8 — Abandoned |
Status Date | Monday, November 9, 2015 |
First Use Anywhere | Wednesday, May 17, 1978 |
First Use In Commerce | Wednesday, May 17, 1978 |
Primary Code | 035 |
Trademark Timeline
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May 17 1978First use anywhere for the mark
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May 17 1978First use in commerce for the mark
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Mar 29 2010Trademark application filed with USPTO
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Apr 01 2010New Application Entered In Tram
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Apr 02 2010New Application Office Supplied Data Entered In Tram
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Jun 27 2010Assigned To Examiner
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Jul 09 2010Notification of Non-Final Action E-Mailed
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Jul 09 2010Non-Final Action E-Mailed
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Jul 09 2010Non-Final Action Written
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Jan 10 2011Fax Received
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Jan 19 2011Assigned To Lie
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Jan 25 2011Amendment From Applicant Entered
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Jan 25 2011Correspondence Received In Law Office
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Feb 28 2011Notification of Non-Final Action E-Mailed
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Feb 28 2011Non-Final Action E-Mailed
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Feb 28 2011Non-Final Action Written
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Jul 14 2011Teas Change of Correspondence Received
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Aug 29 2011Fax Received
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Sep 06 2011Amendment From Applicant Entered
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Sep 06 2011Correspondence Received In Law Office
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Oct 13 2011Notification of Final Refusal Emailed
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Oct 13 2011Final Refusal E-Mailed
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Oct 13 2011Final Refusal Written
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Apr 13 2012Teas/email Correspondence Entered
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Apr 13 2012Correspondence Received In Law Office
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Apr 13 2012Teas Request For Reconsideration Received
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Jun 07 2012Notification of Non-Final Action E-Mailed
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Jun 07 2012Non-Final Action E-Mailed
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Jun 07 2012Non-Final Action Written
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Aug 02 2012Teas Response To Office Action Received
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Aug 16 2012Teas/email Correspondence Entered
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Aug 16 2012Correspondence Received In Law Office
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Sep 22 2012Notification of Notice of Unresponsive Amendment - E-Mailed
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Sep 22 2012Notice of Unresponsive Amendment - E-Mailed
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Sep 22 2012Report Unresponsive Amendment - Completed
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Dec 06 2012Teas Response To Office Action Received
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Dec 14 2012Teas/email Correspondence Entered
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Dec 14 2012Correspondence Received In Law Office
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Dec 31 2012Approved For Pub - Principal Register
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Jan 09 2013Assigned To Lie
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Jan 10 2013Law Office Publication Review Completed
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Jan 23 2013Notification of Notice of Publication E-Mailed
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Feb 12 2013Official Gazette Publication Confirmation E-Mailed
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Feb 12 2013Published For Opposition
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Aug 23 2013Concurrent Use Proc. Instituted No. 999999
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Sep 22 2015Teas Voluntary Amendment Received
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Nov 09 2015Abandonment Notice Mailed - Inter Partes Decision
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Nov 09 2015Abandonment - After Inter Partes Decision
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Nov 09 2015Ttab Release Case To Trademarks
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Nov 09 2015Concurrent Use Terminated No. 999999
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Nov 09 2015Concurrent Use Dissolved