throbber
From: Martin, Christine
`
`Sent: 3/2/2012 8:49:57 AM
`
`To: TTAB EFiling
`
`CC:
`
`Subject: U.S. TRADEMARK APPLICATION NO. 77115548 - WHITE JASMINE -
`N/A - EXAMINER BRIEF - Message 1 of 0
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`
`
`*************************************************
`Attachment Information:
`Count: 7
`Files: a-1.jpg, a-2.jpg, b.jpg, d.jpg, duplicate name 32301 a-1.jpg, duplicate name 32301
`a-2.jpg, 77115548.doc
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`

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`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`
`
` APPLICATION SERIAL NO.
`
`77115548
`
`
`
`
`
`
`*77115548*
`
`
`GENERAL TRADEMARK INFORMATION:
`http://www.uspto.gov/main/trademarks.htm
`
`TTAB INFORMATION:
`http://www.uspto.gov/web/offices/dcom/ttab/index.html
`
`
`
`
`
` MARK: WHITE JASMINE
`
`
`
`
`
` White Jasmine LLC
`
`
`
`
` CORRESPONDENT ADDRESS:
` TRICIA L SCHULZ
`
` FOLEY & LARDNER LLP
` 150 E GILAN ST
` MADISON, WI 53705
`
`
` APPLICANT:
`
` CORRESPONDENT’S REFERENCE/DOCKET NO:
` N/A
` CORRESPONDENT E-MAIL ADDRESS:
`
`
`
`
`EXAMINING ATTORNEY'S SUPPLEMENTAL APPEAL BRIEF
`
`
`I. INTRODUCTION
`
`
`
` On July 15, 2011, the examining attorney submitted an appeal brief. The issues on
`
`appeal were (1) whether the wording “WHITE” in the mark is deceptive in relation to the
`
`identified goods pursuant to Trademark Act Section 2(a), 15 U.S.C. §1052(a) and
`
`alternatively, (2) whether applicant must disclaim the wording “WHITE JASMINE”
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`pursuant to 15 U.S.C. §§1052(e)(1), 1056(a). TMEP §1213.03 et seq.
`
` In response to the appeal brief, applicant submitted a reply brief in which the
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`applicant responded to the refusal and requirement and requested that the case be
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`remanded so that the applicant could address the acquired distinctiveness issue.
`
` In accordance with the Trademark Trial and Appeal Board’s Order of October 26,
`
`2011, applicant submitted a request for remand on December 22, 2011, which included
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`additional evidence. This Supplemental Appeal Brief is submitted in response to
`
`applicant’s additional arguments and evidence.
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`

`
`II. APPLICANT’S ARGUMENTS WITH RESPECT TO THE TRADEMARK ACT
`SECTION 2(a) REFUSAL
`
` Applicant argues that the applied-for mark is not deceptive because it is clear that
`
`
`
`the term “WHITE” in the mark modifies the term “JASMINE” to identify a type of
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`flower rather than a type of tea. (Applicant’s Reply Brief, October 17, 2011, p. 3).
`
`However, as demonstrated by the evidence previously attached by the examining
`
`attorney, consumers commonly encounter the wording “WHITE JASMINE” in
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`connection with tea products to identify white tea scented with jasmine flowers. The
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`examining attorney notes the following examples:
`
`• “Choice Organic White Jasmine Tea… In this enchanting cup, we marry
`specially plucked white tea leaves and buds with ambrosial jasmine scented green
`tea to create a delicate and sweet cup with mild hits of fragrant flowers.” (See
`June 18, 2007, Office action, pp. 11-15, p. 12)
`
`• “White Jasmine Tea… This is a delicate brew with a faint taste of lemon balm
`on top of the jasmine bud and white tea base.” (See September 8, 2010, Office
`action, pp. 20-21, p. 21)
`
`• “White Jasmine Tea” (Numi Flowering Tea) – www.shopwiki.com (September
`15, 2008, Office action, p. 10)
`
` Accordingly, the commercial impression of the mark is that of white tea scented
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`
`
`
`
`
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`with jasmine flowers.
`
` Applicant also argues that the ingredient white tea is not likely to affect the
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`purchasing decisions of a significant portion of the relevant consumers. Specifically,
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`applicant argues that presence of white tea reflects mere personal preferences.
`
`(Applicant’s Reply Brief, October 17, 2011, p. 4). In support this argument, applicant
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`notes the examining attorney’s evidence includes references to the health benefits of
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`green tea in addition to the health benefits of white tea. However, the mere fact that
`
`another type of tea has health benefits does not negate or diminish the fact that the health
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`

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`benefits and value of white tea affects the purchasing decisions of a significant portion of
`
`the relevant consumers. Moreover, as demonstrated by the examining attorney’s
`
`previously attached evidence, there are particular health benefits associated with white
`
`tea which distinguish it from other types of teas. The examining attorney notes the
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`following references to the specific and well-touted benefits of white tea:
`
`• “White tea is the least processed of all the tea and it is because of this that there
`are so many health benefits to drinking white tea.” (See September 8, 2010, Office
`action, pp. 10-11, p. 10)
`
` “Undergoing less processing than many other tea varieties, white tea can have ten
`times the antioxidant power of vitamin E and impressively high concentrations of
`polyphenols and catechins.” (See September 8, 2010, Office action, pp. 5-7, p. 5)
`
`• “Because white tea is carefully harvested and processed, it contains far more
`antioxidants than any other form of tea, even the highly popular green variety…
`With the caffeine, fluoride and antioxidants that are found in white tea, it is no
`wonder that it has because such a popular drink around the world.” (See
`September 8, 2010, Office action, pp. 8-9)
`
` •
`
`
`
`
`
`• “White Jasmine Tea… Interestingly, because white tea is only produced once a
`year and there are few growers, it is considered rare. Therefore, quality white tea
`is a little more challenging to find and it is the most expensive tea sold.” (See
`September 8, 2010, Office action, pp. 22-25, p.24)
`
`
` Applicant also argues that the examining attorney’s evidence with respect to the
`
`health benefits of white tea is insufficient because the evidence is not from reliable
`
`authorities. In response to this argument, the examining attorney has attached additional
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`evidence with respect to the health benefits of white tea from the U.S. National Library of
`
`Medicine National Institutes of Health website, www.pubmed.gov. The examining
`
`attorney notes the following examples:
`
`• “In the present study, we demonstrate that white tea extracts protect striatal cell
`lines against oxidative stress-mediated cell death. The effects of white tea on
`protection of striatal cell cultures are likely associated with the antioxidant
`properties of white tea components since neuronal cell loss induced by
`nonoxidative insults such as D1 dopamine receptor activation cannot be prevented
`
`

`
`by pre-treatment with white tea. Altogether our results suggest that regular
`consumption of white tea may contribute to reduce oxidative stress associated
`with brain
`injury and be clinically useful for
`treating age-related and
`neurodegenerative disorders.” Neuroprotective effects of white tea against
`oxidative
`stress-induced
`toxicity
`in
`striatal
`cells.
`http://www.ncbi.nlm.nih.gov/pubmed/21698507
`
` “Our study concludes that both [green tea] GT and [white tea] WT are effective in
`combating [benzo(a)pyrene] BaP induced oxidative insult and DNA damage.
`However, WT was found to be more protective than GT with respect to [catalase]
`CAT (only in the liver), percentage of DNA in comet tail (only in the lungs), GST
`activity, and [glutathione] GSH content in both the tissues.” Protective Effects of
`Green and White Tea Against Benzo(a)pyrene Induced Oxidative Stress and
`DNA
`Damage
`in
`Murine
`Model.
`http://www.ncbi.nlm.nih.gov/pubmed/22243054
`
` •
`
`• “White Tea extract is a natural source that effectively inhibits adipogenesis and
`stimulates lipolysis-activity. Therefore, it can be utilized to modulate different
`levels of the adipocyte life cycle.” White Tea extract induces lipolytic activity
`and
`inhibits adipogenesis
`in human subcutaneous
`(pre)-adipocytes.
`http://www.ncbi.nlm.nih.gov/pubmed/19409077
`
`• “Recent investigations have associated white teas with anti-carcinogenic,
`immune-boosting, and antioxidative properties that may impact human health in a
`manner comparable to green teas.” White and green teas (Camellia sinensis
`var. sinensis): variation in phenolic, methylxanthine, and antioxidant
`profiles. http://www.ncbi.nlm.nih.gov/pubmed/20722909
`
`• “The data imply that white tea, caffeine, and EGCG may be most effective post-
`initiation, via the inhibition of cell proliferation in the colon and through the
`lesions.” Comparison of white tea, green tea,
`suppression of early
`epigallocatechin-3-gallate, and caffeine as inhibitors of PhIP-induced colonic
`aberrant crypts. http://www.ncbi.nlm.nih.gov/pubmed/17571968
`
` •
`
` “Dietary white tea inclusion decreased plasma glucose levels under normoxia and
`seemed to induce an increase in anaerobic pathways as showed by enhanced liver
`lactate dehydrogenase activity.” The effect of hypoxia on intermediary
`metabolism and oxidative status in gilthead sea bream (Sparus aurata) fed on
`diets
`supplemented
`with
`methionine
`and
`white
`tea.
`http://www.ncbi.nlm.nih.gov/pubmed/22227440
`
`• “Numerous reports have identified therapeutic roles for plants and their extracts
`and constituents. The aim of this study was to assess the efficacies of three plant
`extracts for their potential antioxidant and anti-inflammatory activity in primary
`human skin fibroblasts… These data show that the extracts and products tested
`have a protective effect on fibroblast cells against hydrogen peroxide induced
`
`
`
`
`
`
`
`
`
`

`
`damage. This approach provides a potential method to evaluate the claims made
`for plant extracts and the products in which these extracts are found.”
`Antioxidant and potential anti-inflammatory activity of extracts and
`formulations of white tea, rose, and witch hazel on primary human dermal
`fibroblast cells. http://www.ncbi.nlm.nih.gov/pubmed/21995704
`
`• “White tea (WT) is very similar to green tea (GT) but it is exceptionally prepared
`only from the buds and young tea leaves of Camelia sinensis plant while GT is
`prepared from the matured tea leaves… White tea (WT) is very similar to green
`tea (GT) but it is exceptionally prepared only from the buds and young tea leaves
`of Camelia sinensis plant while GT is prepared from the matured tea leaves.”
`Effects of the aqueous extract of white tea (Camellia sinensis) in a
`streptozotocin-induced
`diabetes
`model
`of
`rats.
`http://www.ncbi.nlm.nih.gov/pubmed/21802923
`
`• “Emerging preclinical data suggests that tea possess anticarcinogenic and
`antimutagenic properties. We therefore hypothesize that white tea extract (WTE)
`is capable of favorably modulating apoptosis, a mechanism associated with lung
`tumorigenesis… Our findings support the future investigation of WTE as an
`antineoplastic and chemopreventive agent for lung cancer.” White tea extract
`induces apoptosis in non-small cell lung cancer cells: the role of peroxisome
`proliferator-activated
`receptor-{gamma}
`and
`15-lipoxygenases.
`http://www.ncbi.nlm.nih.gov/pubmed/20668019
`
`• “Results showed that [white tea extract] WTE has a significant protective effect in
`the PC12 cell line against hydrogen peroxide as cell survival was significantly
`superior in WTE-treated cells compared to hydrogen peroxide-treated cells. A
`reduction on intracellular oxidative stress as well as radical scavenging properties
`were produced by WTE. Results suggest that WTE protects PC12 cells against
`H(2)O(2)-induced toxicity, and that an antioxidant mechanism through ROS
`scavenging may be in part responsible for cells neuroprotection.” White tea
`(Camellia sinensis Kuntze) exerts neuroprotection against hydrogen
`peroxide-induced
`toxicity
`in
`PC12
`cells.
`http://www.ncbi.nlm.nih.gov/pubmed/21271291
`
` Clearly, white tea has substantial benefits that have been well documented by
`
`
`
`
`
`
`
`
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`reliable scientific studies, and these benefits are thus a very strong reason for consumers
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`to purchase white tea over other teas or even other beverages.
`
`III. CLAIM OF ACQUIRED DISTINCTIVENESS
`
`
`
` If the wording “WHITE JASMINE” is ultimately determined to be deceptively
`
`misdescriptive and not generic, then the applicant’s Section 2(f) evidence is insufficient
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`

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`because the wording “WHITE JASMINE” is highly descriptive of a false, but believable,
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`characteristic of applicant’s goods. In re Kalmbach Publ’g Co., 14 USPQ2d 1490 (TTAB
`
`1989); TMEP §1212.05(a).
`
` The burden of proving that a mark has acquired distinctiveness is on the applicant.
`
`Yamaha Int’l Corp. v. Yoshino Gakki Co., 840 F.2d 1572, 6 USPQ2d 1001, 1004 (Fed.
`
`Cir. 1988); TMEP §1212.01. An applicant must establish that the purchasing public has
`
`come to view the proposed mark as an indicator of origin.
`
` Additionally, the amount and character of evidence needed to establish acquired
`
`distinctiveness depends on the facts of each case and particularly on the nature of the
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`mark sought to be registered. Roux Labs., Inc. v. Clairol Inc., 427 F.2d 823, 829, 166
`
`USPQ 34, 39 (C.C.P.A. 1970); TMEP §1212.05(a). More evidence is required where a
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`mark is so highly descriptive that purchasers seeing the matter in relation to the named
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`goods would be less likely to believe that it indicates source in any one party. See, e.g.,
`
`In re Bongrain Int’l Corp., 894 F.2d 1316, 13 USPQ2d 1727 (Fed. Cir. 1990).
`
`Claim of Acquired Distinctiveness Based on Use in Commerce More Than Five Years
`
` On February 22, 2010, the applicant asserted a claim of acquired distinctiveness
`
`based on use of the mark in commerce for more than five years. However, as the
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`previously attached evidence demonstrates, the allegation of five years’ use is insufficient
`
`to show acquired distinctiveness because the applied-for mark is highly descriptive of a
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`false, but believable, characteristic of applicant’s goods. In re Kalmbach Publ’g Co., 14
`
`USPQ2d 1490 (TTAB 1989); TMEP §1212.05(a). Specifically, the purchasing public
`
`commonly encounters the wording "WHITE JASMINE" to identify a type of tea or spice
`
`made of white tea leaves and jasmine scented leaves.
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`

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` Moreover, for such claim to be accepted, applicant’s use of the mark in commerce
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`must have been substantially exclusive and continuous for at least five years before the
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`date on which the claim is made. (emphasis added). 15 U.S.C. §1052(f); see 37 C.F.R.
`
`§2.41(b); TMEP §1212.05. However, as demonstrated by the previously attached
`
`evidence and the additional evidence attached hereto, others in the relevant tea and spice
`
`industry have been routinely using the exact wording “white jasmine” to identify a type
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`of tea or spice made of white tea leaves and jasmine scented leaves during the same five
`
`years before the date on which applicant asserted the claim of acquired distinctiveness.
`
`This evidence belies applicant’s claim of substantially exclusive use.
`
`• “Among the other offerings are a proprietary line of vitamins and supplements
`and N.V. Perricone-branded food products, like extra-virgin olive oil, salmon and
`white jasmine tea--the three essential components of the Perricone diet.” Drug
`Store News April 11, 2005. (See attached).
`
`• “[Vendor’s tea is] made from organic white jasmine tea, filtered water and a
`little organic cane sugar, and has a floral aroma and a pleasantly mellow flavor.”
`The New York Times January 7, 2009. (See attached).
`
`• “White Jasmine Tea” (Numi Flowering Tea) – www.shopwiki.com (September
`15, 2008, Office action, p. 10, evidence attached on September 10, 2008)
`
`• “White Jasmine Tea… This is a delicate brew with a faint taste of lemon balm on
`top of the jasmine bud and white tea base.” (See September 8, 2010, Office
`action, pp. 20-21, p. 21)
`
`• “Asian Jasmine White Tea” – www.shipshewanashops.com (September 15, 2008,
`Office action, p. 8, evidence attached on September 10, 2008)
`
`• “White Jasmine Tea” (Choice Organic tea) – www.myvitanet.com (September 15,
`2008, Office action, p. 13, evidence attached on September 10, 2008 and August
`31, 2009, Office action, pp. 11 and 14, evidence attached on August 31, 2009)
`
`• “White jasmine tea” – www.brighthub.com (August 31, 2009, Office action, p. 3,
`evidence attached on August 31, 2009)
`
`• “White Jasmine Tea” – www.streetdirectory.com (August 31, 2009, Office action,
`p. 6, evidence attached on August 31, 2009)
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`

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`• “White Jasmine Tea” – www.buzzle.com (August 31, 2009, Office action, p. 8,
`evidence attached on August 31, 2009)
`
`• “Argo White Jasmine Tea” www.foodlocker.com (August 31, 2009, Office
`action, p.10, evidence attached on August 31, 2009)
`
`• “Golden Star White Jasmine Sparkling Tea” www.goldenstartea.com (August 31,
`2009, p. 16, Office action, evidence attached on August 31, 2009)
`
`• “…one of the best varieties of white jasmine tea” www.chinastore.radio86.com
`(August 31, 2009, Office action, p. 17, evidence attached on August 31, 2009)
`
`Claim of Acquired Distinctiveness Based on Evidence
`
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`
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`
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`
`
`
`
`
`
` Applicant has also asserted a claim of acquired distinctiveness based on the evidence
`
`of record; however, such evidence is not sufficient to show acquired distinctiveness
`
`because, as demonstrated by the previously attached evidence, and the additional
`
`evidence attached hereto, applicant’s mark is of a highly descriptive nature. See
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`Trademark Act Sections 2(e)(1) and 2(f), 15 U.S.C. §1052(e)(1), (f); In re MetPath, Inc.,
`
`1 USPQ2d 1750 (TTAB 1986); TMEP §1212.04(a).
`
` As previously noted, when asserting a Trademark Act Section 2(f) claim, the burden
`
`of proving that a mark has acquired distinctiveness is on the applicant. Yamaha Int’l
`
`Corp. v. Yoshino Gakki Co., 840 F.2d 1572, 1578-79, 6 USPQ2d 1001, 1004 (Fed. Cir.
`
`1988); TMEP §1212.01. Thus, applicant must establish that the purchasing public has
`
`come to view the proposed mark as an indicator of origin.
`
` Applicant has attached a declaration by applicant’s president and owner, evidence
`
`from applicant’s website, evidence of product packaging, evidence from third party
`
`retailers, applicant’s press releases and newsletter, a blog posting and a singular
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`declaration from a customer.
`
`Exhibit A - December 22, 2011, Request for Remand
`
`

`
`
` Exhibit A consists of the declaration of the President and owner of White Jasmine
`
`LLC, Huma Saddiqui. In the declaration, Huma Saddiqui states that applicant has sold
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`nearly 10,000 containers of teas and spices under the WHITE JASMINE and design
`
`trademark since 2007, that revenue from the sale of WHITE JASMINE brand products
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`had increased nearly 400% since 2007, and that products bearing the applied-for mark are
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`sold in at least 92 stores located throughout the Midwest. However, allegations of sales
`
`do not per se establish that a term has acquired significance as a mark. TMEP
`
`§1212.06(b); see In re Boston Beer Co., 198 F.3d 1370, 53 USPQ2d 1056 (Fed. Cir.
`
`1999). The applicant has clearly been successful in selling “white jasmine” tea; however,
`
`since the sales figures coincide with the recognition of the health benefits of white tea,
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`they more likely reflect the fact that the applicant (and others) have been selling a popular
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`product with an expanding market, instead of demonstrating that the applicant has
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`somehow been able to claim “white jasmine” as a source indicator for its brand of white
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`tea over others.
`
`Exhibits 1 and 2 - December 22, 2011, Request for Remand
`
` Exhibits 1 and 2 consist of images from applicant’s website. However, the mere
`
`existence of a website does not establish acquired distinctiveness, and there is no
`
`evidence of record as to how many unique visitors have reached the website.
`
`Exhibit 3 - December 22, 2011, Request for Remand
`
` Exhibit 3 consists of images of applicant’s goods bearing the applied-for mark.
`
`While this evidence demonstrates use of the applied-for mark in connection with the
`
`goods, the evidence does not establish acquired distinctiveness because it does not
`
`demonstrate that the public associates the highly descriptive mark with a single source.
`
`

`
`As demonstrated by the previously attached evidence, consumers commonly encounter
`
`the term “WHITE JASMINE” used on packaging from a variety of suppliers to identify
`
`the nature of the contents. The examining attorney notes the following examples:
`
`• White Jasmine Tea from Numi® Flowering Tea – www.shopwiki.com
`(September 15, 2008, Office action, p. 10, evidence attached on September 10,
`2008)
`
`• Asian
`–
`of Tea®
`from The Republic
`Jasmine White Tea
`www.shipshewanashops.com (September 15, 2008, Office action, p. 8, evidence
`attached on September 10, 2008)
`
`• White Jasmine Tea from Choice Organic Teas® – www.myvitanet.com
`(September 15, 2008, Office action, p. 13, evidence attached on September 10,
`2008 and August 31, 2009, Office action, pp. 11 and 14, evidence attached on
`August 31, 2009)
`
`
`
`
`
`
`
`Exhibit 4 - December 22, 2011, Request for Remand
`
` Exhibit 4 consists of a webpage from a third-party retailer,
`
`www.wisconsinmade.com. However, it is unclear how many consumers encounter the
`
`applied-for mark on the third party retail website or what kind of sales the applicant has
`
`enjoyed via the website.
`
`Exhibits 5 – 8 - December 22, 2011, Request for Remand
`
` Exhibits 5 – 8 consist of applicant’s press releases and newsletters. However, the
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`degree to which the press releases and newsletters are disseminated to likely consumers
`
`of applicant’s goods is unclear. Additionally, press releases are statements distributed to
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`the news media for the purpose of announcing newsworthy items to the public. It is
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`unclear whether any printed articles resulted from such releases and whether likely
`
`consumers would encounter the information. Accordingly, the press release also fails to
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`demonstrate actual advertising of the goods. TMEP §1301.04.
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`

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` Furthermore, the ultimate test in determining acquisition of distinctiveness under
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`Trademark Act Section 2(f) is not applicant’s efforts, but applicant’s success in educating
`
`the public to associate the claimed mark with a single source. TMEP §1212.06(b); see In
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`re Packaging Specialists, 221 USPQ at 920.
`
`Exhibit 9 - December 22, 2011, Request for Remand
`
` Exhibit 9 consists of a profile of Huma Siddiqui featured on
`
`www.bravamagazine.com. No evidence as to how widely read or circulated this
`
`magazine is hen made of record. Additionally, this article focuses primarily on the
`
`experiences of Huma Siddiqui. While the article mentions WHITE JASMINE, the mark
`
`is used to identify “a catalog and online company that sells traditional spices in addition
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`to Siddiqui’s own signature spice blends … alongside teas, jewelry and accessories.”
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`Although the article references “White Jasmine signature spices” it is only in the context
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`of spice infused cheeses. Accordingly, while consumers might perceive the wording
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`“WHITE JASMINE” as the potential source of the catalog and online retail store services
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`and cheeses, this does nothing to show that they would then also perceive the wording as
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`a trademark indicating the source of the identified goods, especially in light of the
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`widespread use by others of the same phrase for identical goods.
`
`Exhibit 10 - December 22, 2011, Request for Remand
`
` Exhibit 10 consists of a list on www.listmyfive.com created by “clewand550” which
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`identifies the author’s “Top Five Local Wisconsin Cheese Companies”. While this
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`evidence may demonstrate that a single unidentified individual recognizes the applied-for
`
`mark, the evidence does not establish that a term has acquired significance as a mark.
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`Without information about the party who posted the list, it is impossible to discern their
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`

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`credibility or whether they have any connection to the applicant and thus, little if any
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`weight can be given to this source.
`
`Exhibit 11 - December 22, 2011, Request for Remand
`
` Exhibit 11 consists of a declaration from an individual consumer by the name of
`
`Norm Monsen. In the declaration, Mr. Monsen states that he has come to associate
`
`WHITE JASMINE and design as being a brand name of White Jasmine LLC. This
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`declaration has little evidentiary value because the statement of one person does not
`
`establish that a term has acquired significance as a mark except to that single individual.
`
`Moreover, as shown by the attached evidence from
`
`http://www.wisconsindairyartisan.com/contacts.html, Mr. Monsen is by no means an
`
`ordinary consumer; he is a government official who works to help promote the Wisconsin
`
`agricultural community, including the applicant's business.
`
` For the reasons discussed above, applicant’s materials do not constitute strong
`
`evidence that its mark has acquired distinctiveness as a source identifier among likely
`
`consumers of applicant’s goods. Given the highly descriptive nature of the applied-for
`
`mark, the evidence submitted by the applicant is insufficient to establish acquired
`
`distinctiveness under Trademark Act Section 2(f).
`
`IV. CONCLUSION
`
` Based on the foregoing and the evidence of record, the applied for mark includes
`
`deceptive matter in relation to the identified goods. Therefore, registration should be
`
`refused under Trademark Act Section 2(a), 15 U.S.C. §1052(a). In the alternative,
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`applicant should be required to disclaim the wording “WHITE JASMINE” pursuant to 15
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`U.S.C. §§1052(e)(1), 1056(a); TMEP §1213.03(b).
`
`

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`Respectfully submitted,
`
`/Christine C. Martin/
`Trademark Examining Attorney
`Law Office 104
`Phone: 571-272-1630
`Email: christine.martin@uspto.gov
`
`Chris Doninger
`Managing Attorney
`Law Office 104
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`file./IIC lDocument5%20and%20Settinqsfcblomquist/Desktop/VVJBHTML
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`02/26/2012 03.02 47’ PM
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`1 of 1 DOCUMENT
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`The New York Times
`
`January 7, ZEIUB Wednesday
`Late Edition — Final
`
`A Cocktail Hour In Sobering Times Need Not Be Dull
`
`BYLIIIIEI: By FLORENCE FABRICANT
`
`SECTION: Section D: Column D: Dining In, Dining Out / Style Desk: FOOD STUFF: Pg.
`LENGTH:
`1UEI words
`
`2
`
`The austerity of a diet —— common at this time of year, at least for a few weeks —— can be brightened by this new drink.
`Poured over ice or into a crystal flute, Golden Star White Jasmine Sparkling Tea can carry the cocktail hour with grace
`and charm. It's made fram organic white jasmine tea, filtered water and a little organic cane sugar, and has a floral
`aroma and a pleasantly mellow flavor. Sip it with sushi or a salad.
`
`EU in 8 ounces. It is sold at Grace's Marketplace, Garden of Eden at 7 East 14th Street
`And the calories? Glad you asked:
`and Dean & DeLuca for $14.99 for 750 milliliters.
`
`URL: http:/:‘ww\AI.nytimes.com
`
`LOAD-DATE: January 7,
`LANGUAGE: ENGLISH
`
`ZEIUEJ
`
`GRAEHIC: PHOTO (PHOTOGRAPH BY LARS KLOVE FOR THE NEW YORK TIMES)
`
`PUBLICATION -TYPE: Newspaper
`
`Copyright ZUEIB The New York Times Company
`
`
`
`

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