Thrift Family Thrift Center Trademark Details

This mark is alive with a status of Non-Final Action - Mailed. The last case file activity for this mark occured 7 years ago on Monday, July 25, 2016, according to the United State Patent & Trademark Office
Word Mark Thrift Family Thrift Center
Status Alive 641 — Non-Final Action - Mailed

Current Owner

Youth Educational Services, Inc. of Houston, TX

View all trademarks for Youth Educational Services, Inc.
Other Trademarks for Youth Educational Services, Inc.
Serial Number 77881112
Status Date Monday, July 25, 2016
Filing Date Monday, July 25, 2016
Attorney Darin M. Klemchuk

Correspondent

DARIN M KLEMCHUK
KLEMCHUK KUBASTA LLP
8150 N CENTRAL EXPRESSWAY SUITE 1150
DALLAS, TX 75206

Case File Statements

Indication of Colors Color is not claimed as a feature of the mark.
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 THRIFT FAMILY THRIFT CENTER & Design in connection with retail stores featuring new and used clothing and new and used general consumer merchandise in International Class 35. 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: The relevant goods 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. 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 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 THRIFT FAMILY THRIFT CENTER & Design, 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 registration.
Disclaimer with Predetermined Text "Thrift" and "Thrift Center"
Description of Mark The mark consists of the word "THRIFT" above a banner containing the words "FAMILY THRIFT CENTER".
Goods & Services Retail stores featuring used clothing and used general consumer merchandise
Section 2(f) Limitation Statement as to "FAMILY THRIFT CENTER"

Classifications

International Class Codes
035 — Class 35 includes mainly services rendered by persons or organizations principally with the object of: 1. help in the working or management of a commercial undertaking, or 2. help in the management of the business affairs or commercial functions of an industrial or commercial enterprise, as well as services rendered by advertising establishments primarily undertaking communications to the public, declarations or announcements by all means of diffusion and concerning all kinds of goods or services.
U.S. Class Codes 100, 101, 102
Status 6 — Active
Status Date Tuesday, December 1, 2009
First Use Anywhere Monday, October 19, 2009
First Use In Commerce Monday, October 19, 2009
Primary Code 035

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