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SMITH'S BAKERIES THE BAKERS OF BAKERSFIELD
Live/Pending
EX PARTE APPEAL PENDING

on 06 Feb 2024

Last Applicant/ Owned by

2808 Union Avenue

Bakersfield

CA

93305

Serial Number

97312629 filed on 15th Mar 2022

Registration Number

N/A

Correspondent Address

JAMES M DUNCAN

SCANLON DUNCAN LLP

PO BOX 10359

BAKERSFIELD, CA 93389

Filing Basis

1. filed as use application

2. use application currently

Disclaimer

"BAKERIES"

SMITH'S BAKERIES THE BAKERS OF BAKERSFIELD

"BAKERIES" The color(s) red and white is/are claimed as a feature of the mark. "The Bakers of Bakersfield" has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement. The mark consists of a red oval coRead More

Classification Information


Class [030]
Staple Food Products


Freshly-baked goods, namely, Bakery desserts; Bakery goods; Bakery goods, namely, cakes, cupcakes, eclairs, coffee cakes, pies, cobblers, cookies, brownies, breads, turnovers, donuts, breads, muffins, croissants, bagels buns, Danish; Bakery products; Bakery products, namely, sweet bakery goods


First Use Date in General

30th Nov 1955

First Use Date in Commerce

30th Nov 1955

Mark Details


Serial Number

No 97312629

Mark Type

No Service/Collective 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)

02.01.20 -

Butchers, chefs, and bakers

02.07.01 -

Groups of males

02.09.01 -

Eating or drinking

08.01.08 -

Cakes, cupcakes, muffins

26.03.01 -

Ovals as carriers and single line borders

26.17.01 -

Straight line(s), band(s) or bar(s)

26.17.05 -

Horizontal line(s), band(s) or bar(s)

Description of Design Search

The mark consists of a red oval containing the literal elements "Smith's Bakeries The Bakers of Bakersfield" appearing in red font with the first letter S of Smith's framed between stylized drawings in red outline of bakers in chef's hats, each chef holding baked goods, all red elements appearing on a white background.

Legal History


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Status DateAction Taken
29th Feb 2024REPLY BRIEF FILED - CHECK TTAB FILES
06th Feb 2024EXAMINERS STATEMENT - COMPLETED
06th Feb 2024EXAMINERS STATEMENT E-MAILED
06th Feb 2024NOTIFICATION OF EXAMINERS STATEMENT E-MAILED
08th Dec 2023JURISDICTION RESTORED TO EXAMINING ATTORNEY
09th Oct 2023EXPARTE APPEAL RECEIVED AT TTAB
09th Oct 2023EX PARTE APPEAL-INSTITUTED
21st Aug 2023ACTION REQ FOR RECON DENIED NO APPEAL FILED COUNTED NOT MAILED
21st Aug 2023ACTION FOR REQ FOR RECON DENIED NO APPEAL FILED E-MAILED
21st Aug 2023NOTIFICATION FOR REQ FOR RECON DENIED NO APPEAL FILED