The mark was first used anywhere in a different form other than that sought to be registered at least as early as 12/31/1984
The mark was first used in commerce in a different form other than that sought to be registered at least as early as 12/31/1984
Color is not claimed as a feature of the mark.
Concurrent use information. Subject to a concurrent use proceeding with Pangaea, Inc. of 509 W. Spring Street, Fayetteville, Arkansas 72701, Applicant claims the exclusive right to use the mark in connection with restaurants in the area comprising the entire United States except for the states of Arkansas, Oklahoma, Kansas and Missouri. An exception to Applicant's claim of exclusive use is the use of the mark THE FLYING BURRITO COMPANY & Design in connection with restaurant services and take-out restaurant services in or around Fayetteville, Arkansas by Pangaea, Inc. Both Applicant and Pangea, Inc. use their respective marks on signs at or near the locations of their restaurants, on menus available at the locations of their restaurants, on internet websites and in other ways customary in the trade to promote and render restaurant services. Pangaea, Inc. is the owner of United States trademark registration no. 2917092 for the aforementioned mark for restaurant services and take-out restaurant services. Applicant's predecessor-in-interest first began using the mark FLYING BURRITO in commerce before the January 7, 2004 filing date of application, serial no. 76/568,737, which issued as registration no. 2917092. No one else except as specified in this application has the right to use the FLYING BURRITO mark.
"BURRITO"
The mark consists of the stylized wording "FLYING BURITTO" positioned inside a geometric design having a generally circular interior and a generally cross shaped exterior.
Trademark: 77902861
