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. 88412530 BARON (Stylized and/or with Design, see http://uspto.report/TM/88412530/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Response to Section 2(d) Refusal and Exhibit A in Support. has been attached.
Original PDF file:
evi_671914787-20191115164442689904_._BARON_-_Section_2_d__Likelihood_of_Confusion_Response.pdf
Converted PDF file(s) ( 10 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Original PDF file:
evi_671914787-20191115164442689904_._Exhibit_A.pdf
Converted PDF file(s) ( 15 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 029 for Hot Sauce

Applicant hereby adds the following class of goods/services to the application:
New: Class 030 (Original Class: 029 ) for Hot Sauce
Filing Basis: Section 1(a), Use in Commerce: The mark was first used at least as early as 11/14/1991 and first used in commerce at least as early as 11/14/1991 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 030 . The specimen(s) submitted consists of Specimen consists of a photograph of Applicant's hot sauce bearing the applied-for mark. .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

The applicant hereby appoints Francis John Ciaramella, Esquire. Francis John Ciaramella, Esquire of Francis John Ciaramella, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      110 Front Street, Suite 300
      Jupiter, Florida 33477
      United States
to submit this Response to Office Action Form on behalf of the applicant.

The phone number is 5612957325.

The email address is frank@fjcpllc.com

Francis John Ciaramella, Esquire 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.
The applicant's current correspondence information: BARON FOODS LIMITED. BARON FOODS LIMITED of BARON FOODS LIMITED, is located at

      VIEUX FORT INDUSTRIAL ESTATE
      ST. JUDE'S HIGHWAY
      VIEUX FORT,
      LC

The phone number is +00-7584549230.

The email address is rfr1989@gmail.com; ronald@baronfoodsltd.com; ron@baronfoodsltd.com; rmohammed@baronfoodsltd.com

The applicants proposed correspondence information: Francis John Ciaramella, Esquire. Francis John Ciaramella, Esquire of Francis John Ciaramella, PLLC, is located at

      110 Front Street, Suite 300
      Jupiter, Florida 33477
      United States

The phone number is 5612957325.

The email address is frank@fjcpllc.com

ADDITIONAL STATEMENTS
Color Claim
The color(s) red, white, black, and gold is/are claimed as a feature of the mark.

Description of mark
The mark consists of the design of a head of a man white a white face and black facial features including a black moustache. He is wearing a bow tie that is black and red. He has gold hair that is outlined in red. Beneath the design, the stylized wording "BARON" appears in red.

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: /Francis John Ciaramella/      Date: 11/15/2019
Signatory's Name: Francis John Ciaramella, Esquire
Signatory's Position: Attorney of Record, Florida Bar Member
Signatory's Phone Number: 5612957325


Response Signature
Signature: /Francis John Ciaramella/     Date: 11/15/2019
Signatory's Name: Francis John Ciaramella, Esquire
Signatory's Position: Attorney of Record, Florida Bar Member

Signatory's Phone Number: 5612957325

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:    BARON FOODS LIMITED
   BARON FOODS LIMITED
   VIEUX FORT INDUSTRIAL ESTATE
   ST. JUDE'S HIGHWAY
   VIEUX FORT,
Mailing Address:    Francis John Ciaramella, Esquire
   Francis John Ciaramella, PLLC
   110 Front Street, Suite 300
   Jupiter, Florida 33477
        
Serial Number: 88412530
Internet Transmission Date: Fri Nov 15 16:51:23 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20191115165123156
454-88412530-7002fc7a9d2d6afbb2dd1a33a07
46ba9729392d0d4194c5f2b798750f034e8b2-N/
A-N/A-20191115164442689904