EXHIBIT C

FILE NO. 070183-0112 4839-6243-1874.2

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

In re application of:

BUBBA FOODS, LLC

Serial No.: 87/815, 098

Filed: February 28, 2018

Mark: Stylized Design of Hamburger Patty

) ) ) ) ) ) ) ) )

Trademark Law Office 105

Attention: Caryn Glasser Trademark Examining Attorney

Commissioner of Trademark P.O. Box 1451 Alexandria, VA 22313-1451

DECLARATION UNDER 37 C.F.R. § 2.20 IN SUPPORT OF

ACQUIRED DISTINCTIVENESS UNDER SECTION 2(f)

I, WILLIAM S. WALKER, JR., hereby declare as follows:

1. I am over 18 years of age, and I make this declaration in support of

Applicant’s trademark application seeking registration of the shape of the BUBBA BURGER

hamburger under Section 2(f) of the Trademark Act. The statements contained in this

Declaration are based on my personal knowledge, and if called upon to do so, I could and would

competently testify under oath.

2. I am currently employed as a legal assistant at the law firm of Foley &

Larder LLP, attorneys of record for Applicant, Bubba Foods, LLC (“Applicant”), in respect of its

application to register the BUBBA BURGER Design Mark, Serial No. 87/815,098 (the

“Application”).

3. On December 12, 2018, I conducted an Internet search using the Google

search engine to investigate the shape in which commercially-produced frozen hamburgers are

available in the marketplace and more generally, what shape hamburgers are typically made.

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4. My Google search included visiting the website for the the Oxford

University Press’s online English Oxford Living Dictionaries. I reviewed the definition of

“hamburger,” which was defined as a “flat round cake of minced beef . . . ” (emphasis added).

Exhibit A, attached hereto, is a true and accurate copy of a screen shot of the definition as it

appears in the online Oxford University Press’s English Oxford Living Dictionaries, located at

<https://en.oxforddictionaries.com/definition/hamburger>.

5. My Google search included visiting the website for the Cambridge

University Press’s online Cambridge Dictionary. I reviewed the definition of “hamburger,”

which was defined as “very small pieces of beef . . . pressed into a round, flat shape, cooked,

and usually eaten as a sandwich in a small, round roll . . . ” (emphasis added). Exhibit B,

attached hereto, is a true and accurate copy of the screen shot of the definition as it appears in the

online Cambridge University Press’s Cambridge Dictionary, located at

<https://dictionary.cambridge.org/us/dictionary/english/hamburger?q=HAMBURGER>.

6. My Google search included visiting the website for the online

encyclopedia, Wikipedia. I entered the word “hamburger” and came to the page having the

following excerpted entry under the heading, “Today”: “Most American hamburgers are round,

but some fast-food chains, such as Wendy's, sell square-cut hamburgers. . . .” (emphasis added).

Exhibit C, attached hereto, is a true and accurate copy of the excerpted entry under the heading

“Today” as it appears in the online encyclopedia, Wikipedia, located at

<https://en.wikipedia.org/wiki/Hamburger>.

7. In my Google search for frozen hamburgers that are available for purchase

in the marketplace, I found a number of brands being sold. Set forth below is the list of the

brands that I found and beneath each of with is a picture of the hamburger being advertised.

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Attached hereto as Exhibit D is a collective exhibit of the screen shots of the webpages that I

found. Exhibit D is a true and accurate reproduction of the screen shots that I have made. All of

the hamburgers were round except the White Castle-branded, J.T.M.-branded and Jemm-branded

burgers, which were square.

SAM’S CHOICE FLANDERS GLEN MARK (Hillshire) BALL PARK WAGYU JEMM WHITE CASTLE J.T.M.

8. My Google search included visiting the website for the magazine Saveur.

I entered the words “perfect hamburger patty” and came to a page containing the recipe for

hamburgers under the heading “How to Make The Perfect Hamburger Patty,” having the

following excerpted entry: “Gather the meat into a loose ball . . . flatten slightly. . . .” (emphasis

added). Exhibit E, attached hereto, are true and accurate copies of screenshots from the page,

“How To Make The Perfect Hamburger Patty,” as it appears in the “Recipes” section of the

Saveur website, located at <https://www.saveur.com/gallery/How-to-Make-the-Perfect-Patty>.

9. My Google search included visiting Martha Stewart’s website. I entered

the words “perfect hamburger patty” and came to a page containing her do-it-yourself video

under the heading, “How to Form a Burger.” Exhibit F, attached hereto, is a true and accurate

copy of a screenshot from the video under the heading, “How to Form a Burger” located at

<https://www.marthastewart.com/967592/how-form-burger>.

The undersigned, being hereby warned that willful false statements and the like so

made are punishable by fine or imprisonment, or both, under 18 U.S.C. 1001, and that such

willful false statements may jeopardize the validity of the application or any resulting

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registration, declares that the facts set forth in this application and accompanying declaration are

true; all statements made of her own knowledge are true; and all statements made on information

and belief are believed to be true.

Dated: December 19, 2018

Name: William S. Walker, Jr.

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EXHIBIT A

English Oxford Living Dictionaries

<https://en.oxforddictionaries.com/definition/hamburger>

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EXHIBIT B

Cambridge Dictionary

https://dictionary.cambridge.org/us/dictionary/english/hamburger?q=HAMBURGER>

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EXHIBIT C

Wikipedia

<https://en.wikipedia.org/wiki/Hamburger>

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EXHIBIT D

Frozen Hamburgers in the Marketplace

SAM’S CHOICE-Branded Frozen Hamburgers

<https://www.walmart.com/ip/Sam-s-Choice-Black-Angus-Beef-Patties-6-ct-2-

lb/10315842>

FLANDERS-Branded Frozen Hamburgers

<https://www.walmart.com/ip/Flanders-Beef-Patties-4-Lbs/28167663>

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GLENMARK-Branded Frozen Hamburgers

<https://oakspringoutdoors.com/products/glenmark-steakeaters-burger>

BALL PARK-Branded Frozen Hamburgers

<https://www.amazon.com/Ball-Park-Double-Cheeseburger-Ounce/dp/B00J0IH542>

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WAGYU-Branded Frozen Hamburgers

<https://www.amazon.com/Wagyu-American-Style-Gourmet-

Burgers/dp/B07J5XMDS5/ref=sr_1_15_s_it?s=grocery&ie=UTF8&qid=1544813942&sr=1-15&keywords=wagyu+american+kobe>

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JEMM-Branded Frozen Hamburgers

<https://www.amazon.com/Jemm-Chicago-

Style/dp/B01HYI08MA/ref=sr_1_fkmr0_1_s_it?s=grocery&ie=UTF8&qid=1544813269&sr=1-1-fkmr0&keywords=jemm+frozen+hamburger>

WHITE CASTLE-Branded Hamburgers

<https://www.walmart.com/ip/White-Castle-Microwaveable-Hamburgers-16-ct-

Box/41318984>

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J.T.M-Branded Hamburgers

<https://www.walmart.com/ip/J-T-M-Original-Beef-Patties-16-ct-48-oz/45924092>

JEMM-Branded Frozen Hamburgers

<https://www.amazon.com/Jemm-Chicago-

Style/dp/B01HYI08MA?SubscriptionId=AKIAJA54JMESX73IGPXQ&amp=&ascsubtag=754756511-16-

2016432020.1544813722&camp=2025&creative=165953&creativeASIN=B01HYI08MA&linkCode=xm2&tag=d_2b_a_p-20>

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EXHIBIT E

Saveur Recipe

<https://www.saveur.com/gallery/How-to-Make-the-Perfect-Patty>

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EXHIBIT F

Martha Stewart Website

<https://www.marthastewart.com/967592/how-form-burger>