Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 79286131 BARROW (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/7928613 1/large) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: BARROW (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/7928613 1/large)
Proposed: BARROW (Stylized and/or with Design, see mark)
The color(s) black, yellow and white is/are claimed as a feature of the mark.
The mark consists of a round yellow stamp with a black border where the wording "BARROW" written in white uppercase letters and represented on the underside. Inside the stamp, on the top there are three black ovals wherein the central one is represented higher than the lateral ones. Below, there is a straight black line with an upside-down triangle at each tip.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: MANIFATTURE DADDATO S.P.A., a joint stock company
Proposed: MANIFATTURE DADDATO S.P.A., JOINT STOCK COMPANY legally organized under the laws of Italy
      Email Address: XXXX

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant hereby appoints John S. Egbert, Michael F. Swartz, and Kevin S. Wilson, all members of the Bar of the State of Texas, of Egbert, McDaniel & Swartz, PLLC, 1001 Texas, Suite 1250, Houston, Texas 77002, (713) 224-8080, its attorney to prosecute this application to register, to transact all business in the Patent and Trademark Office in connection therewith, and to receive the certificate of registration. John S. Egbert, Michael F. Swartz, and Kevin S. Wilson, all members of the Bar of the State of Texas, of Egbert, McDaniel & Swartz, PLLC, 1001 Texas, Suite 1250, Houston, Texas 77002, are hereby designated Applicant's representative upon whom notice or process in proceedings affecting the above-identified mark may be served.


The owner's/holder's proposed attorney information: John S. Egbert. Other appointed attorneys are Michael F. Swartz, Kevin S. Wilson. John S. Egbert of Egbert, McDaniel & Swartz, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1001 Texas Ave., Suite 1250
      Houston, Texas 77002
      United States
is appointed to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is 1722-423.
      The phone number is 713-224-8080.
      The fax number is 713-223-4873.
      The email address is mail@emsip.com

John S. Egbert submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      Dimitri RUSSO
Correspondence Information (proposed):
      John S. Egbert
      PRIMARY EMAIL FOR CORRESPONDENCE: mail@emsip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 1722-423.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /1722-423/      Date: 08/27/2020
Signatory's Name: Michael F. Swartz
Signatory's Position: Attorney of record, Texas bar member
Signatory's Phone Number: 713-224-8080


Response Signature
Signature: /1722-423/     Date: 08/27/2020
Signatory's Name: Michael F. Swartz
Signatory's Position: Attorney of record, Texas bar member

Signatory's Phone Number: 713-224-8080

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    Dimitri RUSSO
   c/o DIMITRI RUSSO S.R.L.
   
   Via G. Bozzi, 47/A
   I-70121 BARI,
Mailing Address:    John S. Egbert
   Egbert, McDaniel & Swartz, PLLC
   1001 Texas Ave., Suite 1250
   Houston, Texas 77002
        
Serial Number: 79286131
Internet Transmission Date: Thu Aug 27 16:11:49 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2020082716114949
7414-79286131-740e5d1fd1105467532843984a
7fdd4b6db888dd049a74f1df116bbbd6ac5-N/A-
N/A-20200827160625120160