Response to Office Action

PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 90165364 SOUTH FLORIDA LOCAL JERKY (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9016536 4/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 029 for Beef jerky
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/01/2020 and first used in commerce at least as early as 03/01/2020 , and is now in use in such commerce.


Proposed:
Class 029 for Beef jerky
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/01/2020 and first used in commerce at least as early as 03/01/2020 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 029. The specimen(s) submitted consists of This substitute specimen was in use in commerce at least as early as the filing date of the application. This declaration is made pursuant to 37 C.F.R. §2.20 and thus, no signed affidavit is required..
"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


Webpage URL: None Provided
Webpage Date of Access: None Provided

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Farokhnia, Chad, DBA South Florida Local Jerky, LLC, a limited liability company legally organized under the laws of Florida, having an address of

            9942 NW 2nd Ct      9942 NW 2nd Ct
      Plantation, Florida 33324
      United States
      Email Address: XXXX
      954-743-6282
Proposed: South Florida Local Jerky, LLC, DBA South Florida Local Jerky, a limited liability company legally organized under the laws of Florida, having an address of
      9942 NW 2nd Ct
      9942 NW 2nd Ct
      Plantation, Florida 33324
      United States
      Email Address: XXXX
      954-743-6282

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use the design of the map of Florida and "SOUTH FLORIDA LOCAL JERKY" apart from the mark as shown.


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

Description of mark
The mark consists of The mark consists of a circle with a black outline and a white center with the stylized wording "SOUTH FLORIDA LOCAL JERKY" in bubble letters with the outline in black and the inside in white within the circle. The wording "SOUTH FLORIDA" appears above the wording "LOCAL JERKY". Between the wording "SOUTH FLORIDA" and "LOCAL JERKY" is an image of a map of the Florida State with a black outline and a white center. To the left of the center of the map and partially overlapping the map is an image of a stylized sun made out of orange and white stripes and a palm tree in black on it.
Correspondence Information (current):
      FAROKHNIA, CHAD
      PRIMARY EMAIL FOR CORRESPONDENCE: southfloridalocaljerky@yahoo.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): chadfarokhnia@gmail.com
Correspondence Information (proposed):
      South Florida Local Jerky, LLC
      PRIMARY EMAIL FOR CORRESPONDENCE: southfloridalocaljerky@yahoo.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): chadfarokhnia@gmail.com

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: /Chad Farokhnia/      Date: 03/10/2021
Signatory's Name: Chad Farokhnia
Signatory's Position: owner
Signatory's Phone Number: 9547436282

Signature method: Signed directly within the form

Response Signature
Signature: /Chad Farokhnia/     Date: 03/10/2021
Signatory's Name: Chad Farokhnia
Signatory's Position: Owner

Signatory's Phone Number: 9547436282 Signature method: Signed directly within the form

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

Mailing Address:    FAROKHNIA, CHAD
   
   9942 NW 2ND CT
   9942 NW 2ND CT
   PLANTATION, Florida 33324
Mailing Address:    South Florida Local Jerky, LLC
   9942 NW 2nd Ct
   9942 NW 2nd Ct
   Plantation, Florida 33324
        
Serial Number: 90165364
Internet Transmission Date: Wed Mar 10 21:23:49 ET 2021
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2021031021234980
7030-90165364-77010a01f6d6aa9c5998c3aa4c
f6fa898c3657a7d5b4443e99ec445936aee7d13-
N/A-N/A-20210310203545901339