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Dead/Cancelled
CANCELLED - SECTION 8

section 8

on 15 Jun 2018

Last Applicant/ Owned by

83 Main Street

Hull

US

MA

02045

Serial Number

77777266 filed on 09th Jul 2009

Registration Number

4051238 registered on 08th Nov 2011

in the Principal Register

Correspondent Address

ARLEN L. OLSEN

SCHMEISER, OLSEN & WATTS

22 CENTURY HILL DR STE 302

LATHAM, NY 12110-2137

Filing Basis

1. use application currently

Disclaimer

NO DATA

Logo Mark Trademark Information

The name "JOHNNY CUPCAKE" in the mark does not identify a living individual. The mark consists of a three-dimensional trade dress depicting the interRead More

Classification Information


Class [035]

Advertising, Business & Retail Services


Retail store services featuring duffle bags, purses, backpacks, sports bags, wallets, jewelry, necklaces, ornamental pins, key chains, dog tags, clothing, shirts, polo shirts, hats, shorts, pants, scarves, gloves, belts, jackets, shoes, undergarments, boxers, panties, gift boxes, gift cards, posters, and phone cases


First Use Date in General

27th May 2006

First Use Date in Commerce

27th May 2006

Mark Details


Serial Number

No 77777266

Mark Type

No Service Mark

Attorney Docket Number

No EARL.6455-NY

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)

07.03.06 -

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

07.05.01 -

Kitchens

07.05.25 -

Other interiors and interior parts of dwellings or buildings

11.05.04 -

Mixers (electric)

12.01.08 -

Chests of drawers, sideboards, buffets, workbenches, butchers' blocks, store counters, sets of shelves, including bookcases, china closets

Description of Design Search

The mark consists of a three-dimensional trade dress depicting the interior of a retail clothing store evoking the theme of a bakery. When entering the interior of the store, a large commercial mixer appears next to a wall partition. A large bakery display case appears against the wall and across from the commercial mixer. A bakery display case with a rectangular glass front appears next to the large bakery display case. The stylized wording "JOHNNY CUPCAKE" with a design of a cupcake with crossbones underneath appears to the left of the wording on the wall above the display case with rectangular shaped glass front. A glass front bakery display case appears next to the rectangular shaped glass front case. Two glass front refrigerator units with side by side doors with the upper portion containing a design of multiple cupcakes with two long ones crossed together under each of the cupcakes appears against the wall parallel to the wall containing the bakery display cases. A narrow shelf appears between the two glass front refrigerator units. A small table appears on the floor across from the "JOHNNY CUPCAKE" sign. The wall containing the sign is made of bricks. The wall near the mixer is made of bricks.

Legal History


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Status DateAction Taken
15th Jun 2018CANCELLED SEC. 8 (6-YR)
30th Nov 2011CORRECTION UNDER SECTION 7 ¿ PROCESSED
15th Nov 2011CASE ASSIGNED TO POST REGISTRATION PARALEGAL
14th Nov 2011TEAS SECTION 7 REQUEST RECEIVED
08th Nov 2011REGISTERED-PRINCIPAL REGISTER
23rd Aug 2011PUBLISHED FOR OPPOSITION
03rd Aug 2011NOTICE OF PUBLICATION
21st Jul 2011LAW OFFICE PUBLICATION REVIEW COMPLETED
18th Jul 2011APPROVED FOR PUB - PRINCIPAL REGISTER
24th Jun 2011TEAS/EMAIL CORRESPONDENCE ENTERED