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THE FLYING CUPCAKE
Dead/Cancelled
CANCELLED - SECTION 8

section 8

on 21 Feb 2020

Last Applicant/ Owned by

831 South Rangeline Road

Carmel

IN

46032

Serial Number

85788455 filed on 27th Nov 2012

Registration Number

4368153 registered on 16th Jul 2013

in the Principal Register

Correspondent Address

JENNIFER L. DAY

BOSE MCKINNEY & EVANS LLP

111 MONUMENT CIR STE 2700

INDIANAPOLIS, IN 46204-5120

Filing Basis

1. use application currently

Disclaimer

"CUPCAKE"

THE FLYING CUPCAKE

The mark consists of a jagged edged circular seal with ribbons on either side; the center seal features a winged cupcake with fluffy icing and a cherry on top positioned on a scalloped plate, with the words THE FLYING CUPCAKE written in cursive type underneath; the side ribbons feature rows of ice cream cones positioned across the top and bottom, with flowers, plus signs, and dots randomly positioRead More

Classification Information


Class [035]
Advertising, Business & Retail Services


Retail store services featuring cupcakes


First Use Date in General

01st Aug 2007

First Use Date in Commerce

01st Aug 2007

Class [043]
Restaurant and Hotel Services


Providing of food and drink via a mobile truck


First Use Date in General

31st May 2012

First Use Date in Commerce

31st May 2012

Mark Details


Serial Number

No 85788455

Mark Type

No Service Mark

Attorney Docket Number

No 22439-0003

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)

01.01.10 -

Three or more stars

01.01.12 -

More than one star with four points

03.17.01 -

Wings

05.05.25 -

Other flowers including daffodils and irises

05.09.08 -

Cherries

08.01.08 -

Cakes, cupcakes, muffins

08.09.01 -

Ice cream, sherbet and frozen yogurt in cones\r

11.03.10 -

Plates (filled)

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Description of Design Search

The mark consists of a jagged edged circular seal with ribbons on either side; the center seal features a winged cupcake with fluffy icing and a cherry on top positioned on a scalloped plate, with the words THE FLYING CUPCAKE written in cursive type underneath; the side ribbons feature rows of ice cream cones positioned across the top and bottom, with flowers, plus signs, and dots randomly positioned in between.

Legal History


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Status DateAction Taken
21st Feb 2020CANCELLED SEC. 8 (6-YR)
16th Jul 2018COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED
16th Jul 2013REGISTERED-PRINCIPAL REGISTER
30th Apr 2013PUBLISHED FOR OPPOSITION
30th Apr 2013OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
10th Apr 2013NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
20th Mar 2013APPROVED FOR PUB - PRINCIPAL REGISTER
18th Mar 2013ASSIGNED TO EXAMINER
06th Dec 2012NOTICE OF DESIGN SEARCH CODE MAILED
05th Dec 2012NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM