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) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 88412530 |
LAW OFFICE ASSIGNED | LAW OFFICE 112 |
MARK SECTION | |
MARK FILE NAME | http://uspto.report/TM/88412530/mark.png |
LITERAL ELEMENT | BARON |
STANDARD CHARACTERS | NO |
USPTO-GENERATED IMAGE | NO |
COLOR(S) CLAIMED (If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK (and Color Location, if applicable) |
The mark consists of The mark consists of Design plus words letters and or numbers, Bust of man facing forward, Head of man facing forward, Drawing of man facing forward Artwork of man and clothing, Accurate representation of human form or any portion of a human form, Circle figures or designs including semi circles and incomplete circles, Geometric figures and solids including squares rectangles quadrilaterals polygons and concentric lines, Miscellaneous shaped designs, Oval figures or design including incomplete and one or more ovals. |
EVIDENCE SECTION | |
EVIDENCE FILE NAME(S) | |
ORIGINAL PDF FILE | evi_671914787-20191115164442689904_._BARON_-_Section_2_d__Likelihood_of_Confusion_Response.pdf |
CONVERTED PDF FILE(S) (10 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\884\125\88412530\xml6\ROA0002.JPG |
\\TICRS\EXPORT17\IMAGEOUT17\884\125\88412530\xml6\ROA0003.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\884\125\88412530\xml6\ROA0004.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\884\125\88412530\xml6\ROA0005.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\884\125\88412530\xml6\ROA0006.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\884\125\88412530\xml6\ROA0007.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\884\125\88412530\xml6\ROA0008.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\884\125\88412530\xml6\ROA0009.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\884\125\88412530\xml6\ROA0010.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\884\125\88412530\xml6\ROA0011.JPG | |
ORIGINAL PDF FILE | evi_671914787-20191115164442689904_._Exhibit_A.pdf |
CONVERTED PDF FILE(S) (15 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\884\125\88412530\xml6\ROA0012.JPG |
\\TICRS\EXPORT17\IMAGEOUT17\884\125\88412530\xml6\ROA0013.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\884\125\88412530\xml6\ROA0014.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\884\125\88412530\xml6\ROA0015.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\884\125\88412530\xml6\ROA0016.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\884\125\88412530\xml6\ROA0017.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\884\125\88412530\xml6\ROA0018.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\884\125\88412530\xml6\ROA0019.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\884\125\88412530\xml6\ROA0020.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\884\125\88412530\xml6\ROA0021.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\884\125\88412530\xml6\ROA0022.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\884\125\88412530\xml6\ROA0023.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\884\125\88412530\xml6\ROA0024.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\884\125\88412530\xml6\ROA0025.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\884\125\88412530\xml6\ROA0026.JPG | |
DESCRIPTION OF EVIDENCE FILE | Response to Section 2(d) Refusal and Exhibit A in Support. |
GOODS AND/OR SERVICES SECTION (class deleted) | |
GOODS AND/OR SERVICES SECTION (class added) Original Class (029) | |
INTERNATIONAL CLASS | 030 |
DESCRIPTION | Hot Sauce |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 11/14/1991 |
FIRST USE IN COMMERCE DATE | At least as early as 11/14/1991 |
STATEMENT TYPE | "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 FILE NAME(S) |
\\TICRS\EXPORT17\IMAGEOUT 17\884\125\88412530\xml6\ ROA0027.JPG |
SPECIMEN DESCRIPTION | Specimen consists of a photograph of Applicant's hot sauce bearing the applied-for mark. |
ADDITIONAL STATEMENTS SECTION | |
COLOR(S) CLAIMED (If applicable) |
The color(s) red, white, black, and gold is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK (and Color Location, if applicable) |
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. |
ATTORNEY SECTION (new) | |
NAME | Francis John Ciaramella, Esquire |
ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
YEAR OF ADMISSION | XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
FIRM NAME | Francis John Ciaramella, PLLC |
STREET | 110 Front Street, Suite 300 |
CITY | Jupiter |
STATE | Florida |
POSTAL CODE | 33477 |
COUNTRY | United States |
PHONE | 5612957325 |
frank@fjcpllc.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
CORRESPONDENCE SECTION (current) | |
NAME | BARON FOODS LIMITED |
FIRM NAME | BARON FOODS LIMITED |
INTERNAL ADDRESS | VIEUX FORT INDUSTRIAL ESTATE |
STREET | ST. JUDE'S HIGHWAY |
CITY | VIEUX FORT |
COUNTRY | LC |
PHONE | +00-7584549230 |
rfr1989@gmail.com; ronald@baronfoodsltd.com; ron@baronfoodsltd.com; rmohammed@baronfoodsltd.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
CORRESPONDENCE SECTION (proposed) | |
NAME | Francis John Ciaramella, Esquire |
FIRM NAME | Francis John Ciaramella, PLLC |
STREET | 110 Front Street, Suite 300 |
CITY | Jupiter |
STATE | Florida |
POSTAL CODE | 33477 |
COUNTRY | United States |
PHONE | 5612957325 |
frank@fjcpllc.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /Francis John Ciaramella/ |
SIGNATORY'S NAME | Francis John Ciaramella, Esquire |
SIGNATORY'S POSITION | Attorney of Record, Florida Bar Member |
SIGNATORY'S PHONE NUMBER | 5612957325 |
DATE SIGNED | 11/15/2019 |
RESPONSE SIGNATURE | /Francis John Ciaramella/ |
SIGNATORY'S NAME | Francis John Ciaramella, Esquire |
SIGNATORY'S POSITION | Attorney of Record, Florida Bar Member |
SIGNATORY'S PHONE NUMBER | 5612957325 |
DATE SIGNED | 11/15/2019 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Fri Nov 15 16:51:23 EST 2019 |
TEAS STAMP | USPTO/ROA-XX.XXX.XX.XX-20 191115165123156454-884125 30-7002fc7a9d2d6afbb2dd1a 33a0746ba9729392d0d4194c5 f2b798750f034e8b2-N/A-N/A -20191115164442689904 |
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) |
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.