What this record means
The record shows the application for “SPORTY'S HOT DOGS PHILLIES, BURGERS, FRIES, AND MORE” is dead – it was abandoned on July 24 2010 after the applicant failed to respond to an Office action, and the owner listed is CA‑PAC Restaurant Systems, LLC. The filing covered class 030 staple foods, specifically frankfurter sandwiches, hamburger sandwiches, hot‑dog sandwiches and other sandwiches such as hot dogs, Phillie cheesesteaks, burgers and chicken. A similar name used for food items in the same category would create the closest record‑based concern, while uses outside of those food products fall farther from the scope shown. Because the mark never reached registration, the record does not give the owner control over every use of the wording. The prosecution history shows only the non‑final action and the abandonment notice, with no oppositions or cancellations, so the supplied history shows no enforcement activity. I'd treat this as a meaningful concern if you plan to market comparable sandwich‑type foods under a similar name.
Informational only - not legal advice.Goods & services
Frankfurter sandwiches; Hamburger sandwiches; Hot dog sandwiches; Sandwiches, namely, Hot Dogs, Phillie Cheesesteaks, Burgers, and Chicken
First use: Jan 01, 2009
Use in commerce: Jan 05, 2009