TEAS RF New Application

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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88727103

Filing Date: 12/13/2019

To the Commissioner for Trademarks:

MARK: ROSINA (Standard Characters, see mark)
The literal element of the mark consists of ROSINA. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, F&R IP, Inc., a corporation of Delaware, having an address of
      170 French Road
      Buffalo, New York 14227
      United States

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

International Class 029:  Meatballs; Beef meatballs; Swedish meatballs; Turkey meatballs; Veal meatballs; Chorizo meatballs; Eggplant parmigiana; Potato-based gnocchi; Food products, namely frozen and packaged meats and vegetables; Frozen prepared meats; Frozen entrees consisting primarily of meat or vegetables; gluten-free meatballs; Food products, namely beef and pork based pizza toppings, and uncooked sausages

In International Class 029, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 08/19/1964, and first used in commerce at least as early as 08/19/1964, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) photographs of goods bearing mark on packaging.
Specimen File1
Specimen File2
Specimen File3
Specimen File4

International Class 030:  Pasta; Filled pasta; Packaged meal kits consisting primarily of pasta; Frozen entrees consisting primarily of pasta; Packaged entrees consisting primarily of pasta; Ravioli; Tortellini; Pasta, namely, stuffed shells; Beef ravioli; Cavatelli; Cannelloni; Manicotti

In International Class 030, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 03/00/2001, and first used in commerce at least as early as 03/00/2001, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) photos of goods bearing mark on packaging.
Specimen File1
Specimen File2
Specimen File3


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4350542.


The applicant hereby appoints Elizabeth A. Cominolli. Other appointed attorneys are Kaleigh P. Morrison, Katherine A. Markert, Denis J. Sullivan, Peter J. Bilinski, Michael A. Oropallo, Susan S. Laluk. Elizabeth A. Cominolli of Barclay Damon LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Barclay Damon Tower
      125 E. Jefferson Street
      Syracuse, New York 13202
      United States
      315-425-2700(phone)
      315-425-2701(fax)
      ip@barclaydamon.com (authorized).
The attorney docket/reference number is 3096679.
Elizabeth A. Cominolli 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:

Elizabeth A. Cominolli

Barclay Damon LLP

Barclay Damon Tower       125 E. Jefferson Street

Syracuse, New York 13202

315-425-2700(phone)

315-425-2701(fax)

ip@barclaydamon.com; ecominolli@barclaydamon.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the email address provided in this application. I understand that a valid email address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $550 has been submitted with the application, representing payment for 2 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, 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 of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	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 all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /EAC/   Date: 12/13/2019
Signatory's Name: Elizabeth A. Cominolli
Signatory's Position: Attorney of Record
Payment Sale Number: 88727103
Payment Accounting Date: 12/13/2019

Serial Number: 88727103
Internet Transmission Date: Fri Dec 13 18:37:50 EST 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201912131837504
16231-88727103-7005c1018bd957a1c52ac35fe
5969d274fa59466f4f7b2f85d626bb472d9b62d1
-DA-37505613-20191213181256352352