To:
`
`Herba1Science Group, LLC (usptomail@white1awfirm.com)
`
`Subject:
`
`U.S. TRADEMARK APPLICATION NO. 77519313 - MINDPOWER -
`N/A
`
`Sent:
`
`11/17/2009 4:26:15 PM
`
`Sent As:
`
`ECOM108@USPTO.GOV
`
`Attachments: Attachment - 1
`
`Attachment - 2
`
`Attachment — 3
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`Attachment - 4
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`Attachment - 5
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`Attachment - 6
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`Attachment - 7
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`Attachment - 8
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`Attachment - 9
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`Attachment - 10
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`Attachment — 11
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`Attachment - 12
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`Attachment — 13
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`Attachment - 14
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`Attachment - 15
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`Attachment - 16
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`Attachment — 17
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`Attachment — 18
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`Attachment - 19
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`Attachment - 20
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`Attachment - 21
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`Attachment - 22
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`Attachment - 23
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`Attachment - 24
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`Attachment - 25
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`Attachment - 26
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`Attachment - 27
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`Attachment - 28
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`Attachment - 29
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`Attachment - 30
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`Attachment - 31
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`Attachment - 32
`
`Attachment - 33
`
`Attachment — 34
`
`Attachment - 35
`
`Attachment - 36
`
`

`
`Attachment - 37
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`Attachment — 38
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`Attachment - 39
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`Attachment - 40
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`Attachment - 41
`
`Attachment - 42
`
`‘ Attachment - 43
`
`Attachment - 44
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`SERIAL NO:
`
`77/519313
`
`MARK: MINDPOWER
`
`CORRESPONDENT ADDRESS:
`JENNIFER L. WHITELAW
`WHITELAW LEGAL GROUP
`
`3333 TAMIAMI TRL N FL 3
`NAPLES’ FL 341033590
`
`APPLICANT:
`LLC
`
`I-lerbalScience Group,
`
`CORRESPONDENT’S
`REFERENCE/DOCKET NO:
`N/A
`CORRESPONDENT E-MAIL ADDRESS:
`
`usptomail@whitelawfim1.com
`
`GENERAL TRADEMARK INFORMATION:
`http://www.uspto.gov/main/trademarks.htm
`
`REQUEST FOR RECONSIDERATION DENIED
`
`ISSUE/MAILING DATE: 11/17/2009
`
`Applicant is requesting reconsideration of a final refusal issued/mailed May 4, 2009.
`
`After careful consideration of the law and facts of the case, the examining attorney must deny the
`request for reconsideration and adhere to the final action as written since no new facts or reasons have
`been presented that are significant and compelling with regard to the point at issue.
`
`Accordingly, applicant’s request for reconsideration is denied. As applicant has already filed a timely
`notice of appeal, the application will be forwarded to the Trademark Trial and Appeal Board (TTAB).
`
`As indicated by voicemail, the identification amendments have been accepted and entered into the
`record.
`
`

`
`Attached are copies of printouts from the USPTO X-Search database, which show third-party
`registrations of marks used in connection with the same or similar goods and/or services as those of
`applicant and registrant in this case. These printouts have probative value to the extent that they serve
`to suggest that the goods and/or services listed therein, namely supplements and applicant’s amended
`extract goods, are of a kind that may emanate from a single source. In re Infinity Broad. Corp. of
`Dallas, 60 USPQ2d 1214, 1217-18 (TTAB 2001); In re Albert Trostel & Sons C0., 29 USPQ2d 1783,
`1785-86 (TTAB 1993); In re Mucky Duck Mustard Co., 6 USPQ2d 1467, 1470 n.6 (TTAB 1988);
`TMEP §1207.01(d)(iii).
`
`Material obtained from the Internet is generally accepted as competent evidence in examination and ex
`parte proceedings. See In re Rodale Inc., 80 USPQ2d 1696, 1700 (TTAB 2006) (Internet evidence
`accepted by the Board to show genericness); In re White, 80 USPQ2d 1654, 1662 (TTAB 2006)
`(Internet evidence accepted by the Board to show false connection); In re Joint-Stock Co. “Baik”, 80
`USPQ2d 1305, 1308-09 (TTAB 2006) (Internet evidence accepted by the Board to show geographic
`significance); Fram Trak Indus. v. WireTracks LLC, 77 USPQ2d 2000, 2006 (TTAB 2006) (Internet
`evidence accepted by the Board to show relatedness of goods); In re Consol. Specialty Rest. Inc. , 71
`USPQ2d 1921, 1927-29 (TTAB 2004) (Internet evidence accepted by the Board to show that
`geographic location is well-known for particular goods); In re Gregory, 70 USPQ2d 1792, 1793
`(TTAB 2004) (Internet evidence accepted by the Board to show surname significance); In re Fitch
`IBCA Inc., 64 USPQ2d 1058, 1060 (TTAB 2002) (Internet evidence accepted by the Board to show
`descriptiveness); TBMP §1208.03; TMEP §710.01(b). Despite applicant’s amendment of its
`identification, the Internet evidence attached herein and to past office actions in this case show
`relatedness of applicant’s and registrant’s goods.
`
`Tina M. Kuan
`/Tina M. Kuanl
`
`Trademark Examining Attorney
`Law Office 108
`
`Phone Number: 571-272-4110
`Fax Number: 571-273-4110
`
`STATUS CHECK: Check the status of the application at least once every six months from the initial
`filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online
`system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of
`the complete TARR screen. If the status of your application has not changed for more than six
`months, please contact the assigned examining attorney.
`
`

`
`Print: Nov 17, 2009
`
`77143026
`
`DESIGN MARK
`
`serial Number
`77143026
`
`Status
`REGISTERED
`
`Word Mark
`PHYTORELAXIN
`
`Standard character Mark
`Yes
`
`Registration Number
`3680225
`
`Date Registered
`2009/O9/O8
`
`Type of Mark
`TRADEMARK
`
`Reister
`PRINCIPAL
`
`Mark Drawing code
`[4] STANDARD CHARACTER MARK
`
`Owner
`Active Organics, LP LIMITED PARTNERSHIP TEXAS 1097 Yates Street
`Lewisville TEXAS ?5057
`
`Goodstservices
`Class Status —— ACTIVE.
`
`IC 001.
`
`US
`
`001 005 006 010 O26 046.
`
`G & S:
`
`chemical compositions containing botanical extracts for use in the
`manufacture of cosmetic, cosmeceutical, dermatologic, pharmaceutical
`and nutritional products. First Use: 2009/05/05. First Use In
`Commerce: 2009/O5/O5.
`
`GOOGSISEWICBS
`Class Status —— ACTIVE.
`
`IC 003.
`
`US
`
`O01 O04 O06 O50 051 052.
`
`G & S:
`
`non—medicated skincare preparations containing botanical extracts,
`namely,
`lotions, creams, gels and serums. First Use: 2009/05/05.
`First Use In Commerce: 2009/O5/O5.
`
`Goodsiservices
`US O06 O18 044 O46 051 052.
`IC 005.
`Class Status —— ACTIVE.
`nutritional supplements. First Use: 2009/O5/O5. First Use In
`Commerce: 2009/O5/O5.
`
`G & S:
`
`

`
`Print: Nov 17. 2009
`
`77143026
`
`Filing Date
`2007/03/28
`
`Examining Attorney
`CONNOLLY , KATHERINE
`
`Attorney of Record
`Edwin Flores
`
`

`
`PHYTORELAXIN
`
`

`
`Print: Nov 17. 2009
`
`77328793
`
`DESIGN MARK
`
`serial Number
`77328793
`
`Status
`REGISTERED
`
`Word Mark
`GOGREEN
`
`standard Character Mark
`No
`
`Registration Number
`3680532
`
`Date Registered
`2009/O9/O8
`
`Type of Mark
`TRADEMARK; SERVICE MARK
`
`Reister
`PRINCIPAL
`
`Mark Drawing code
`(3) DESIGN PLUS WORDS, LETTERS AND/OR NUMBERS
`
`chuner
`CORE INTELLECTUAL PROPERTIES HOLDINGS, LLC LIMITED LIABILITY COMPANY
`ARIZONA 4050 S. SARIVAL ROAD GOODYEAR ARIZONA 85338
`
`Goodslservices
`
`G & S: Design for
`100 101.
`US
`IC 042.
`Class Status —— ACTIVE.
`others in the field of use of fertilizers and pesticides,
`lawn care,
`landscape gardening, soil additives. First Use: 2009/O1/O8. First
`Use In Commerce: 2009/01/08.
`
`Goodsfservices
`Class Status -- ACTIVE.
`
`IC 031.
`
`US
`
`001 046.
`
`G 5. 3: Animal feed
`
`additives for nonnutritional purposes for use as ingredient or filler;
`Nutritional additives for animal foodstuffs, not for medical purposes.
`First Use: 2009/02/16. First Use In Commerce: 2009/02/16.
`
`Goodsfservices
`Class Status —— ACTIVE.
`
`IC 005.
`
`US O06 O18 O44 O46 O51 052.
`
`G & 8:
`
`lawn and professional
`Pesticides for industrial, commercial, garden,
`use; Animal feed additive for use as a nutritional supplement for
`medical purposes; Dietary supplements; Dietary supplements for
`animals: Food supplements; Nutraoeuticals for use as a dietary
`
`-1-
`
`

`
`Print: New 17. 2009
`
`77328793
`
`supplement; Nutritional additives for medical purposes for use in
`foods and dietary supplements for human consumption; Nutritional
`supplements; Plant extracts for medical, veterinary and pharmaceutical
`purposes. First Use: 2009/01/15. First Use In Commerce: 2009/01/15.
`
`Goudsiservices
`Class Status -- ACTIVE.
`
`IC 001.
`
`US O01 O05 006 010 026 046.
`
`G & S:
`
`Fertilizers; Fertilizers for agricultural use: Fertilizers for
`domestic use; Soil additives; Chemical additives for use in the
`manufacture of nutritional supplements,
`food supplements, cosmetics;
`Botanical extracts for use in making cosmetics; Soil conditioners for
`agricultural, domestic and horticultural use. First Use: 2009/01/15.
`First Use In Commerce: 2009/01/15.
`
`Goodsiservices
`G & S:
`001 004 O06 O50 O51 052.
`US
`IC 003.
`Class Status —— ACTIVE.
`Cosmetics. First Use: 2009/O1/15. First Use In Commerce: 2009/01/15.
`
`Description of Mark
`The mark consists of the word "GOGREEN" with "G0" in a light green and
`"GREEN"
`in a green color with green leaves splayed out above.
`
`light green and green is/are claimed as a feature of the
`
`colors claimed
`The colortsl
`mark.
`
`Filing Dale
`200'?/ll/13
`
`Examlnlng Att0|’l’IOy
`HAYE S , GINA
`
`Attorney of Record
`Frank J. McGue
`
`

`
`
`
`

`
`Print: Nov 17, 2009
`
`774-B1861
`
`DESIGN MARK
`
`Serial Number
`77481861
`
`Status
`REGISTERED
`
`Word Mark
`GLISSANDRIN
`
`Standard character Mark
`Yes
`
`RBgEMBfiOflNUflWmf
`3664718
`
`Date Registered
`2009/08/O4
`
`Type of Mark
`TRADEMARK
`
`Register
`PRINCIPAL
`
`Mark Drawing code
`[4] STANDARD CHARACTER MARK
`
`Owner
`COMADEX INDUSTRIES LTD. LIMITED LIABILITY COMPANY CANADA 6309 YUKON
`
`STREET VANCOUVER, BC CANADA V5Y3S7
`
`Goodsfservices
`Class Status —— ACTIVE.
`
`IC 001.
`
`US
`
`001 005 006 O10 O26 046.
`
`G & S:
`
`Antioxidants and proteins used in the manufacture of cosmetics,
`beverages,
`food products and food supplements; Botanical extracts for
`use in making cosmetics; Chemical additives for use in the manufacture
`of foods, drinks, pharmaceuticals, cosmetics. First Use: 2009/01/O2.
`First Use In Commerce: 2009/03/18.
`
`Goodsiservices
`Class Status —— ACTIVE.
`
`IC 003.
`
`US
`
`001 004 O06 O50 O51 052.
`
`G & S:
`
`After—sun gels; After—sun oils; Bath oils for cosmetic purposes; Body
`and beauty care cosmetics; Cleansing creams; Cosmetic creams; Cosmetic
`creams for skin care; Cosmetic oils; Cosmetic preparations; Cosmetic
`preparations against sunburn; Cosmetic preparations for body care;
`Cosmetic preparations for skin renewal; Cosmetic preparations for
`slimming purposes; Cosmetic preparations for the care of mouth and
`teeth; Cosmetic products in the form of aerosols for skin care;
`Cosmetic products in the form of aerosols for skincare; Cosmetic
`
`-1-
`
`

`
`Print: Nov 17. 2009
`
`774-81861
`
`sun—protecting preparations; Cosmetic suntan lotions; Cosmetic suntan
`preparations; Cosmetics; Cosmetics and cosmetic preparations;
`Cosmetics and make-up; Cosmetics in general,
`including perfumes; Face
`creams for cosmetic use; Foams containing cosmetics and sunscreens;
`Lotions for cosmetic purposes; Nutritional oils for cosmetic purposes;
`Oils for cosmetic purposes; Perfume oils for the manufacture of
`cosmetic preparations; Private label cosmetics; Skin and body topical
`lotions, creams and oils for cosmetic use; Topical skin sprays for
`cosmetic purposes; Wrinkle—minimizing cosmetic preparations for
`topical facial use; Cosmetic oils for the epidermis. First Use:
`2009/01/02. First Use In Commerce: 2009/03/18.
`
`Goodstservices
`Class Status -- ACTIVE.
`
`IC 005.
`
`US
`
`006 018 044 046 051 052.
`
`G & 8:
`
`Dietary food supplements; Dietary supplemental drinks; Food
`supplements; Food supplements, namely, anti—oxidants; Medicinal
`drinks; Nutraceuticals for the treatment of signs of aging, heart,
`liver, brain, skeletal muscles, energy, energy level, mitochondria;
`Nutraceuticals for use as a dietary supplement; Nutritional additives
`for medical purposes for use in foods and dietary supplements for
`human consumption. First Use: 2009/01/O2. First Use In Commerce:
`2009/03/18.
`
`Filing Date
`2008/05/22
`
`Examining Aitomey
`ERVIN ,
`INGA
`
`

`
`GLISSANDRIN
`
`

`
`Print: Nov 17. 2009
`
`78927798
`
`DESIGN MARK
`
`Serial Number
`78927798
`
`Status
`REGISTERED
`
`Word Mark
`FUNCTION FIRST
`
`Standard character Mark
`Yes
`
`RBQBMEHOHNUMMGP
`3621065
`
`Date Registered
`200 9/05/12
`
`‘
`Type of Mark
`TRADEMARK; sERvIcE MARK
`
`Register
`PRINCIPAL
`
`Mark Drawing code
`(4) STANDARD CHARACTER MARK
`
`thuner
`
`Pro—Liquitech, LLC DEA Pro—Liquiteoh International, LLC LIMITED
`LIABILITY COMPANY KENTUCKY 809 S. 8th Street Louisville KENTUCKY 40203
`
`Goodstservices
`G & S:
`O01 O05 006 O10 O26 046.
`US
`IC 001.
`Class Status —— ACTIVE.
`Aoidulants for use in soft drinks and other beverages. First Use:
`2009/O2/24. First Use In Commerce: 2009/02/24.
`
`Goodsfservices
`Class Status —— ACTIVE.
`
`IC 005.
`
`US
`
`006 018 044 046 051 052.
`
`G & S:
`
`Vitamins, minerals, amino acids, medicinal herbs, medicinal herb
`extracts and proteins for use as a nutritional supplement in soft
`drinks and other beverages. First Use: 2009/O2/24. First Use In
`Commerce: 2009/02/24.
`
`Goodslservices
`G & S: Natural sweeteners
`046.
`US
`IC 030.
`Class Status —— ACTIVE.
`for use as an ingredient in soft drinks and other beverages; flavoring
`additives for non—nutritional purposes for use as an ingredient in
`soft drinks and other beverages. First Use: 2009/O2/24. First Use In
`Commerce: 2009/02/24.
`
`-1-
`
`

`
`Print: Nov 17. 2009
`
`78927798
`
`Gondsiservices
`Class Status -- ACTIVE.
`
`IC 042.
`
`US
`
`100 101.
`
`G & S: Product
`
`development services, namely, services for the development of soft
`drinks and other beverages and the development of flavorings and
`lngredients used in soft drinks and other beverages. First Use:
`2009/02/24. First Use In Commerce: 2009/02/24.
`
`Filing Date
`2006/07/12
`
`Examining Attorney
`JENKINS, CHARLES L.
`
`Altomey of Record
`William A. Barth
`
`

`
`FUNCTION FIRST
`
`

`
`Print: Nov 17. 2009
`
`78961648
`
`DESIGN MARK
`
`Serial Number
`78961648
`
`Status
`REGISTERED
`
`Word Mark
`POM IN A PILL
`
`Standard Character Mark
`Yes
`
`RegEMafionNunmmr
`3337435
`
`Date Registered
`2007/11/13
`
`Type of Mark
`TRADEMARK
`
`Reister
`PRINCIPAL
`
`Mark Drawing code
`[4] STANDARD CHARACTER MARK
`
`Owner
`
`Pomwonderful LLC LIMITED LIABILITY COMPANY DELAWARE ll444 W. Olympic
`Blvd., 10th Floor Los Angeles CALIFORNIA 90064
`
`Goods!Services
`Class Status —— ACTIVE.
`
`Ic 001.
`
`US
`
`001 005 006 010 026 046.
`
`G 5. s:
`
`including pomegranate extracts, for use in the
`Botanical extracts,
`preparation of pharmaceutical products and preparations. First Use:
`2007/O5/07. First Use In Commerce: 2007/O5/07.
`
`Goodsfservices
`Class Status -— ACTIVE.
`
`IC 005.
`
`US O06 018 044 046 051 052.
`
`G 5. 5:
`
`including antioxidant
`Food, dietary and nutritional supplements,
`supplements and supplements derived from and containing pomegranate
`extracts and plant extracts,
`including powders,
`liquids, capsules, and
`pills; nutraceuticals for use as a dietary supplement,
`including
`powders,
`liquids, capsules, and pills; nutritional additives for use
`in foods,
`including antioxidant additives and additives derived from
`and containing pomegranate extracts and plant extracts,
`including
`powders,
`liquids, capsules, and pills: anti-cancer preparations:
`pharmaceutical products and preparations,
`including preparations
`derived from and containing pomegranate extracts and plant extracts,
`
`-1-
`
`

`
`Print: Nov 17. 2009
`
`78961648
`
`including for the
`for the treatment of viral and infectious diseases,
`treatment of cancer. First Use: 2007f05/07. First Use In Commerce:
`2007/O5/07.
`
`Filing Date
`2006/08/28
`
`Examining Attorney
`MACFARLANI-3 ,
`JAMES
`
`

`
`POM IN A PILL
`
`

`
`

`
`http://www.tonicherbsandteas.com/servlet/§toreFront
`
`11/170309 D3:Q9:U1 PM
`
`Immortality
`
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`With over 100 Years of family
`mmmxwummamm WWWWWWEMWW
`named them "TonIc Herbs" or
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`"Superior Herbs" because oftheir
`holtstii: :'isa‘irig.
`miraculous health promoting
`capabilities. While balariuirig and
`strengthening their bodies, the Taoists noticed the subsequently
`profound effect these Chinese herbs had on their mental,
`emotional, and even spiritual condition.
`
`Our products‘ simple focus is to put these elite Chinese herbs
`into action for the maximum possible health benefits. TONIC
`Herbs &Teas isntjust an herbal supplement company, by
`integrating Taoist wisdom with today's modern living, we're where
`your path to wellness and longevity begins.
`
`What is aTonlc Herb?
`
`Overthe last thirty years, modern science has done extensive
`research on the Tonic Herbs that supports the knowledge
`discovered thousands of years ago by the Taoists.
`
`
`Allergy
`Athletic Support
`Beauty
`Brain Function
`Cardiovascular
`helm:
`Endocrine &Adrenal
`Energy
`Feitilityfor Men
`Fertilltyforwomen
`Headaches &TMJ
`Immune
`Jolnt & Bone
`Men's Aphrodisiacs
`Menopause &
`Andropause
`Positive Mood
`Respiration
`Stress
`Vision & Hearing
`Women's Aphrodisiacs g
`Smfl
`Astragalus
`Cordyceps
`Green Tea
`He Shou Wu
`Panax Ginseng
`Reishi
`CTS
`LI Ul EXT
`Allergy & Cold
`Anti-Aging
`Beauty
`Brain Function
`Energy
`Hangovers
`Immune
`Intuition st Spirituality
`Liver Support
`Prostate & Colon
`Sexual Vitality
`Sleep
`Sweetners
`lflfifllflfl TEAS
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`Green
`Herbal
`Ooiong
`PwEm
`White
`
`
`
`t'}UALlT‘r'.
`
`Lab studies have found
`numerous phytonutrients in the
`herbs that are not found in
`everyday foods. An abundance of
`vitamins, ntinerals, amino acids,
`and antioxidants, as well as
`newly discovered nutrients
`known as saponins and
`polysaccharides provide the
`source ofthe Tonic Herbs many unique health benefits. These
`nutrients give the tonics the power to support all systems and
`functions ofthe body at their root, vitalizing. and strengthening
`every living cell.
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`Three Treasures: Jing, Qi, and Sheri
`
`The Taoists stated that there are three
`intrinsic elements that make up the
`human organism. These elements are
`considered precious substances and if
`anyone strives to have a long and healthy
`life it is necessary to fortify, cultivate, and
`conserve the Three Treasures.
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`Jing is essence. It is responsible for a
`strong immune system, powerful memory,
`structural integrity, healthy hair and nails,
`and sexual vitality. From a western point
`ofview, Jing correlates to our hormonal
`system which naturally deteriorates as we age. Jing tonics
`support healthy hormone levels and functioning, and are the true
`anti-aging herbs in the tonic herbal system.
`
`Qi
`
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`Gaierariieec‘ poiercy, elficacy,
`=
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`as.
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`All of nature and of life is energy
`taking form. The Taoists
`uncovered this truth in their
`practice of deep meditation, while
`Einstein in his research proved
`that energy and matter are two
`different forms ofthe same thing.
`His formula E=MC2 showed that matter can be turned into energy
`and energy into matter. The human body requires Oi to
`accomplish this teat. (Jr extracts oxygen trom the air, and
`nutrients from ourfood, powering our living cell. Cultivating an
`abundance of Qi, leads to the support ofa strong immune system,
`good blood flow and cardiovascular health, strong respiratory
`function, clear thinking and enhanced concentration, toned
`muscles, and excellent metabolism. With matter being composed
`of energy, it becomes essential to consume energy promoting
`tonics in order to live a long life full of vitality.
`
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`CLASSIC FORM! 5 55
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`Chrysanthemum
`
`51%
`
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`Ginseng 3‘ l-W93”
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`Shen
`
`Shen is the third treasure and can be
`translated as Spirit.
`it is the light behind the
`eyes that brings with it the virtuous qualities
`of human nature such as the ability to love,
`give, laugh, and smile. A person with strong
`Sheri is at peace and content with life. Shen
`tonics ground the central nervous system easing mental and
`emotional anxiety and nervousness. Grounding creates the
`possibility for deep reflection and relaxation allowing us the space
`to make choices that lead in a positive direction towards realizing
`our goals.
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