Response to Office Action

·HONEY BAKED HAM· WORLD'S BEST HAM EST 1957 HBH CO

The Honey Baked Ham Company, LLC

Response to Office Action [application/xml]

@attributes

Description
Response to Office Action
Document-subtype
roa
Document-type
roa
Expiry-date
09/20/2020
Form-number
1957
Omb-form-note-text
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.
Omb-form-number
0651-0050
Revision-date
10/2011
System-creator
eteas
Version
5.50
Version-date
2015-11-13

Trademark-case-files

Trademark-case-file

Case-file-header

Serial-number
88197911

Mark

@attributes

Action-code
read
Version
reference

Design-mark

@attributes Standard-character-format
n
File-name
https://tmng-al.uspto.gov/resting2/api/img/88197911/large
Mark-text
·HONEY BAKED HAM· WORLD'S BEST HAM EST 1957 HBH CO

@attributes

Action-code
update
Version
correction

Design-mark

@attributes Color
n
File-name
\\TICRS\EXPORT17\IMAGEOUT17\881\979\88197911\xml5\ROA0002.JPG
Mark-text
·HONEY BAKED HAM· WORLD'S BEST HAM EST 1957 HBH CO
Law-office-assigned-location-code
LAW OFFICE 106
Filing-date
20181116

Office-action-form

@attributes

Add-new-class
n
Appoint-representative
n
Attorney-filing
y
Correct-mark
y
Correct-procedure
n
Declaration-signature-method
ESIGN-ON
Declaration-signature-type
n
Make-additional-statement
y
Modify-exist-class
y
Number-of-new-classes
1
Pay-additional-fee
n
Present-argument
n
Response-signature-method
ESIGN-ON

Goods-service

@attributes

Action-code
read
Version
original
Sequence-number
1
Class-code
029
Original-class-code
029
Description-text
Ham; ham slices; ham portions; prepared meals consisting of ham; ham packaged on trays; gift baskets containing ham; pork; deli meats; cheese; prepared food, namely, cheese, preserved vegetables, ham, meat, and preserved fruit packaged on trays; gift baskets containing ham, cheese, prepared nuts, soup, preserved fruit, crackers, candy, cookies, biscuits; beef, namely, beef roast, beef steaks, beef tenderloin, prime rib, beef wellington; pork, namely, ham, pork roast, barbeque pork roast, pork loin, pork ribs, pork chops, barbecue pork, bacon; vegetable salads; baked bean; meat salads, including ham salad, chicken salad, and turkey salad; deli meats; sliced turkey; sliced ham; cheese; prepared foods, namely, casseroles mainly consisting of vegetables, potatoes, beans or fruits; mashed potatoes; au gratin potatoes; frozen fruits, namely, cinnamon apples; sweet potato soufflé; prepared food consisting primarily of vegetables, namely, green bean casserole; fruit salad; fruit preserves; cheese spreads; jams, jellies; soup mixes; lettuce, processed; garden salads; dips; pastries with meat; pastries with vegetables
Filing-basis-current-1a-in
N
Filing-basis-current-1b-in
Y
Filing-basis-current-44d-in
N
Filing-basis-current-44e-in
N

@attributes

Action-code
update
Version
correction
Sequence-number
1
Class-code
029
Description-text
Ham; ham slices; ham portions; prepared meals consisting of ham; ham packaged on trays; gift baskets containing ham; pork; deli meats; cheese; prepared food, namely, cheese, preserved vegetables, ham, meat, and preserved fruit packaged on trays; gift baskets containing ham, cheese, prepared nuts, soup, preserved fruit, cracker, candy, cookies, biscuits sold together as a unit; beef, namely, beef roast, beef steaks, beef tenderloin, prime rib, beef wellington; pork, namely, ham, pork roast, barbecue pork roast, pork loin, pork ribs, pork chops, barbecue pork; bacon; vegetable salads; baked beans; meat salads, including ham salad, chicken salad, and turkey salad; sliced turkey; sliced ham; prepared foods, namely, casseroles mainly consisting of vegetables, potatoes, beans or fruits; mashed potatoes; au gratin potatoes; frozen fruits, namely, cinnamon apples; sweet potato soufflé; prepared food consisting primarily of vegetables, namely, green bean casserole; fruit salad; fruit preserves; cheese spreads; jams, jellies; soup mixes; lettuce, processed: garden salads; dips
Description-comment-text
Ham; ham slices; ham portions; prepared meals consisting of ham; ham packaged on trays; gift baskets containing ham; pork; deli meats; cheese; prepared food, namely, cheese, preserved vegetables, ham, meat, and preserved fruit packaged on trays; gift baskets containing ham, cheese, prepared nuts, soup, preserved fruit, crackers, candy, cookies, biscuits; gift baskets containing ham, cheese, prepared nuts, soup, preserved fruit, cracker, candy, cookies, biscuits sold together as a unit; beef, namely, beef roast, beef steaks, beef tenderloin, prime rib, beef wellington; pork, namely, ham, pork roast, barbeque pork roast, pork loin, pork ribs, pork chops, barbecue pork, bacon; pork, namely, ham, pork roast, barbecue pork roast, pork loin, pork ribs, pork chops, barbecue pork; bacon; baked bean; vegetable salads; baked beans; deli meats; meat salads, including ham salad, chicken salad, and turkey salad; sliced turkey; sliced ham; cheese; prepared foods, namely, casseroles mainly consisting of vegetables, potatoes, beans or fruits; mashed potatoes; au gratin potatoes; frozen fruits, namely, cinnamon apples; sweet potato soufflé; prepared food consisting primarily of vegetables, namely, green bean casserole; fruit salad; fruit preserves; cheese spreads; jams, jellies; soup mixes; lettuce, processed: garden salads; lettuce, processed; dips; garden salads; pastries with meat; pastries with vegetables

@attributes

Action-code
read
Version
original
Sequence-number
1
Class-code
035
Original-class-code
035
Description-text
Mail order catalog services featuring ham
Filing-basis-current-1a-in
N
Filing-basis-current-1b-in
Y
Filing-basis-current-44d-in
N
Filing-basis-current-44e-in
N

@attributes

Action-code
read
Version
original
Sequence-number
1
Class-code
043
Original-class-code
043
Description-text
Restaurant services; take-out restaurant services
Filing-basis-current-1a-in
N
Filing-basis-current-1b-in
Y
Filing-basis-current-44d-in
N
Filing-basis-current-44e-in
N

Case-file-statement

@attributes

Action-code
read
Version
original
Type-code
CC
Description-text
Color is not claimed as a feature of the mark.

@attributes

Action-code
read
Version
original
Type-code
DM
Description-text
The mark consists of the words "HONEY BAKED HAM WORLD'S BEST HAM" written around a medallion made up of small dots. Inside the medallion is a drawing of a pig. Inside the drawing of the pig are the letters "HBH" positioned horizontally. Inside the drawing of the pig and next to the letters "HBH" are the letters "CO" positioned vertically. Above the drawing of the pig is the term "EST". Below the drawing of the pig is the number "1957".

@attributes

Action-code
create
Version
new
Type-code
D1
Description-text
No claim is made to the exclusive right to use "HAM" apart from the mark as shown.

@attributes

Action-code
create
Version
new
Type-code
UK
Description-text
SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Five or More Years' Use: "HONEY BAKED HAM" 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.

@attributes

Action-code
create
Version
new
Type-code
S3
Description-text
"WORLD'S BEST HAM" 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.

@attributes

Action-code
create
Version
new
Type-code
S4
Description-text
"HONEY BAKED HAM" has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 1384504; 5198699; 5198700

@attributes

Action-code
create
Version
new
Type-code
DM
Description-text
The mark consists of the words "HONEY BAKED HAM WORLD'S BEST HAM" written around a medallion made up of small dots with a dot between the words "HONEY and WORLD'S and a dot between the words "HAM". Inside the medallion is a drawing of a pig. Inside the drawing of the pig are the letters "HBH" positioned horizontally. Inside the drawing of the pig and next to the letters "HBH" are the letters "CO" positioned vertically. Above the drawing of the pig is the term "EST". Below the drawing of the pig is the number "1957".
Rpad
Y

Signature

@attributes

Action-code
create
Version
new
Esignature-type
ESIGN-ON
Signature-type
D
Signature-entry-number
1
Signature-name
/Linda van Rees/
Signatory-date
20190620
Signatory-name
Linda van Rees
Signatory-position
Chief Executive Officer
Phone
Please contact Attorney of Record

@attributes

Action-code
create
Version
new
Esignature-type
ESIGN-ON
Signature-type
R
Signature-entry-number
2
Signature-name
/Ashley M. Edmonds/
Signatory-date
20190620
Signatory-name
Ashley M. Edmonds
Signatory-position
Attorney of record, D.C. bar member
Phone
202-508-5846

Boilerplate

Boilerplate-type
GOODSSERVICES.44D.RELYON44E
Boilerplate-description
RELY ON 44(E)
Boilerplate-text
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Boilerplate-type
SIGNATURE.ROA
Boilerplate-description
TEAS Trademark/Service Mark Declaration
Boilerplate-text

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.

Boilerplate-type
AUTHORIZATION
Boilerplate-description
applicant authorization
Boilerplate-text
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

Filing

Filing-identifier
20190620104736938419-88197911
Xml-create-date
20190620 10:49:37
Submit-date
Thu Jun 20 18:23:42 EDT 2019
Teas-stamp
USPTO/ROA-38.110.13.4-20190620182342011996-88197911-6204b3eb59fd0902fdd7a45de31a8df8421d625fca3faf0c758b30d8c19b5ff953-N/A-N/A-20190620104736938419
Filing-description
Response to Office Action Form
Reply-email
tmadmin@kilpatricktownsend.com;wstrademarks@kilpatricktownsend.com

Response to Office Action [image/jpeg]


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