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DOG BYTE DINER
Dead/Abandoned
ABANDONED - AFTER EX PARTE APPEAL

after ex parte appeal

on 17 Mar 2020

Last Applicant/ Owned by

19 Foster Road

Belmont

US

MA

02478

Serial Number

87221484 filed on 31st Oct 2016

Registration Number

N/A

Correspondent Address

THOMAS F DUNN

CULHANE MEADOWS PLLC

60 STATE STREET, SUITE 700

BOSTON, MA 02109

Filing Basis

1. intent to use

2. intent to use current

Disclaimer

"DINER"

DOG BYTE DINER

The mark consists of The mark consists of three-dimensional configuration of the exterior of a diner. The main structure of the diner consists of a rectangular and horizontally situated interior dining area. A perpendicularly situated rectangular exterior concession and bar area is attached to the center of the horizontal and main dining area. The perpendicular element has a conically shaped bar eRead More

Classification Information


Class [038]
Communications Services


Internet cafe services, namely, providing telecommunications connections to the internet in a cafe environment

Class [043]
Restaurant and Hotel Services


Restaurant services

Mark Details


Serial Number

No 87221484

Mark Type

No Service Mark

Attorney Docket Number

No

44D Filed

No

44D Current

No

44E filed

No

44E Current

No

66A Filed

No

66A Current

No

Current Basis

No

No Basis

No

Design Code(s)

01.15.02 -

Lightning or electricity

03.01.08 -

Dogs

03.01.16 -

Heads of cats, dogs, wolves, foxes, bears, lions and tigers

03.01.26 -

Costumed animals and those with human attributes in this division (cats, dogs, wolves, foxes, bears, lions or tigers)

07.03.06 -

Commercial establishments such as supermarkets, department stores, retail stores and restaurants

07.07.02 -

Windows

07.07.05 -

Shutters, awnings

16.03.07 -

Eyeglasses, eyeglass frames, sunglasses, goggles and safety goggles

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Description of Design Search

The mark consists of The mark consists of three-dimensional configuration of the exterior of a diner. The main structure of the diner consists of a rectangular and horizontally situated interior dining area. A perpendicularly situated rectangular exterior concession and bar area is attached to the center of the horizontal and main dining area. The perpendicular element has a conically shaped bar element attached to its rectangular, free standing end. Attached to the bar is a pipe-like foot support. One roof of identical elevation forms the tops the main and perpendicular structures. The roofline is rounded with illumination framing along the top of the diner. A classic Corvette brand motor car is located on the roof of the perpendicular element. The exterior of the diner consists of stainless steel panels that are located along the bottom of the diner under the windows. The diner entrance is comprised of a set of double doors located where the perpendicular element meets the main dining area. A sign and sign holder are located to the front right of the diner. The sign is comprised of a stylized depiction of a dog head wearing sunglasses with lightning bolts on each lens and holding a hotdog in its mouth. This design is located under the stylized wording "DOG BYTE DINER". The sign post is comprised of a tall polygon element that is narrower at the bottom and wider at the top and contains four stacked holes, an arrow at the top left, and an extension arm to the right. The sign is attached to the top of the right extension arm.

Legal History


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Status DateAction Taken
17th Mar 2020ABANDONMENT - AFTER EX PARTE APPEAL
17th Mar 2020ABANDONMENT NOTICE MAILED - AFTER EX PARTE APPEAL
17th Mar 2020EXPARTE APPEAL TERMINATED
07th Jan 2020EXPARTE APPEAL DISMISSED - FAILURE TO FILE BRIEF
06th Jan 2020ASSIGNED TO EXAMINER
07th Apr 2019SUBSEQUENT FINAL EMAILED
07th Apr 2019NOTIFICATION OF SUBSEQUENT FINAL EMAILED
07th Apr 2019SUBSEQUENT FINAL REFUSAL WRITTEN
14th Mar 2019TEAS/EMAIL CORRESPONDENCE ENTERED
13th Mar 2019CORRESPONDENCE RECEIVED IN LAW OFFICE