Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA419455
`ESTTA Tracking number:
`07/13/2011
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`77615946
`MPA Media, Inc.
`HAVE YOU HAD YOUR MASSAGE TODAY
`TIRZAH ABÃ# LOWE
`KNOBBE MARTENS OLSON & BEAR LLP
`2040 MAIN ST FL 14
`IRVINE, CA 92614-7216
`UNITED STATES
`efiling@kmob.com
`Applicants Request for Remand and Amendment
`APIS.023T - MOTION TO SUSPEND AND REMAND.pdf ( 41 pages )(3431627
`bytes )
`Tirzah Abe Lowe
`efiling@kmob.com
`/tirzah abe lowe/
`07/13/2011
`
`Proceeding
`Applicant
`Applied for Mark
`Correspondence
`Address
`
`Submission
`Attachments
`
`Filer's Name
`Filer's e-mail
`Signature
`Date
`
`

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`APIS . 023T
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`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`I hereby certify that this correspondence and all marked
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`Trial and Appeal Board at http://www.uspto.gov on
`July 13, 2011
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`Media’ Inc.
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`I HAVE YOU HAD YOUR
`MASSAGE TODAY
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`APPLICANT’S MOTION TO SUSPEND AND REMAND
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`Pursuant to TBMP §§ 1205.01 and 1209.04, Applicant, 1\/[PA Media, Inc. (“Applicant”)
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`hereby requests that the Trademark Trial and Appeal Board (“Board”) suspend the appeal in
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`connection with the above-referenced application and remand the application to the Examining
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`Attorney for consideration of an amendment under Section 2(f) of the Trademark Act and the
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`corresponding evidence that the applied-for mark has become distinctive of Applicant’s goods in
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`commerce.
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`Applicant has good cause for requesting a remand. Under T.B.M.P. Section 1205.01, an
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`amendment constitutes good cause when such an amendment will obviate a ground for refiisal.
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`In the present case,
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`issue on appeal is whether Applicant’s mark is merely a decorative or
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`ornamental feature of Applicant’s goods. The attached Request for Reconsideration,
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`filed
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`concurrently with the U.S. Patent and Trademark Off1ce’s TEAS system, amends the application
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`to assert a Trademark Act § 2(f) claim (15 U.S.C. § 1052(f)) and provides evidence supporting
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`Applicant’s claim of acquired distinctiveness.
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`If the Examining Attorney is persuaded by the
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`evidence set forth in the Request for Reconsideration and, accordingly, withdraws the merely
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`

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`ornamental refusal and accepts the Section 2(f) amendment, this appeal will be rendered moot.
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`Hence, remanding the application to the Examining Attorney and suspending the appeal will
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`save the Board’s time and resources.
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`In view of the above, Applicant respectfully requests the Board to grant this Request to
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`Remand and suspend the appeal proceedings while the Examining Attorney considers the
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`Request for Request for Reconsideration and the attached evidence.
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`Respectfully submitted,
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`KNOBBE, MARTENS, OLSON & BEAR, LLP
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`Dated: July 13, 2011
`
`By:
`
`%»4'
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`
`Tirzah Abe Lowe
`2040 Main Street, 14*“ Floor
`Irvine, CA 92614
`(949) 760-0404
`ef1ling@kmob . com
`
`11411828
`061311
`
`

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`TEAS Submit Service ver 2.50
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`Page 1 of 1
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`Your Request for Reconsideration after Final Action Was
`Submitted Successfully
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`Success!
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`View/Save E-Receipt as PDF file
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`We have received your form for serial number 77615946. You can open and save a PDF
`version of the filing receipt by clicking on the button, above, and this will serve as your
`official confirmation copy. We will also separately send an e-mail summary of the form
`to "efiling@kmob.com". For electronically submitted forms, the USPTO will not mail
`an additional paper confirmation.
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`NOTE: Do NOT send a duplicate paper copy of this filing to the USPTO, as it will
`interfere with the proper processing of the electronic submission.
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`Thank you.
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`TEAS Support Team
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`STAMP: USPTO/RFR-63.139.240.150-20110713111813875998-77615946-
`480b5c65b6630313479b1cf51a2724e2cb5-N/A-N/A-20110713104221563505
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`‘ E‘ a
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`Iication S stem
`Trademark Electronic
`U.S. Patent and Trademark Office
`Please refer questions or comments to: teas@USPTO.gov
`
`AS service
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`http://teasroa.uspto.gov/rfr/teas.service?page=14&form.ackMai1 efi1ing@kmob.com&AIS... 7/13/2011
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`Request for Reconsideration after Final Action
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`Page 1 of 7
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`PTO Form 1930 (Rev 9/2007)
`OMB No. 0651-0050 (Exp. 4/30/2009)
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`Request for Reconsideration after Final Action
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`To the Commissioner for Trademarks:
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`Application serial no. 77615946 (HAVE YOU HAD YOUR MASSAGE TODAY, see mark has been
`amended as follows:
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`ARGUMENT(S)
`In response to the substantive refusal(s), please note the following:
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`REQUEST FOR RECONSIDERATION
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`The following request for reconsideration is submitted in response to the Final Office Action
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`issued September 17, 2010 in the matter of U.S. Application Serial No. 77/615,946. Applicant has
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`concurrently filed a Request for Remand with the Trademark Trial and Appeal Board in connection with
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`this application, and requests that
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`the Appeal be suspended pending the Examining Attorney’s
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`reconsideration of evidence that the applied-for mark has become distinctive of Applicant’s goods in
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`commerce under Section 2(f) of the Trademark Act.
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`AMENDMENTS
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`Please amend the application to include the following statements:
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`-- Applicant seeks registration of its mark pursuant to Section 2(f) of the Trademark Act.-
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`-- The mark has become distinctive of the goods/services through the applicant's
`substantially exclusive and continuous use in commerce that the U.S. Congress may
`lawfully regulate for at least the five years immediately before the date of this statement.-
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`--The mark has become distinctive of the goods/services, as demonstrated by the attached
`evidence.--
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`REMARKS
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`The Examining Attorney has refused registration of U.S. Application Serial No. 77/615,946 for
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`the mark HAVE YOU HAD YOUR MASSAGE TODAY (“Applicant’s Mark”) on the ground that the
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`mark shown in the subject application is merely a decorative or ornamental feature of Applicant’s
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`clothing. For the reasons previously argued, and those set forth below, Applicant respectfully submits
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`that the mark is not merely a decorative or ornamental feature of the goods identified in the Application.
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`Applicant’s mark HAVE YOU HAD YOUR MASSAGE TODAY has become distinctive of Applicant’s
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`clothing and hats through Applicant’s substantially exclusive and continuous use in commerce.
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`In this
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`Request for Reconsideration, Applicant submits ample evidence to show that the applied-for mark has
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`become distinctive of Applicant’s goods in commerce under Section 2(f) of the Trademark Act,
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`including a Declaration of Donald Petersen regarding Applicant’s promotional efforts and information
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`regarding hundreds of Applicant’s consumers who recognize HAVE YOU HAD YOUR MASSAGE
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`Request for Reconsideration after Final Action
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`Page 2 of 7
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`TODAY as a trademark. See 37 C.F.R. §2.41(a); TMEP §§1202.03(d), 1212.06 el seq. Furthermore,
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`Applicant submits that the mark has been in use in U.S. commerce for at least five (5) years prior to the
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`submission of this Request for Reconsideration in connection with the following goods: Clothing, namely,
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`T-shirts, sweat shirts, sweat pants, jackets, tops and bottoms; headwear. Specifically, Applicant has
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`provided such goods in U.S. commerce since at least as early as June, 2006. This provides prima facie
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`evidence of acquired distinctiveness. Finally, Applicant has gathered more evidence to support its claim
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`under the “secondary source” doctrine, namely, survey evidence connecting the subject mark to
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`Applicant’s registered mark MASSAGE TODAY®.
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`1.
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`Applicant Has Substantial Evidence to Show that its Mark Has Acquired Distinctiveness
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`a. A9"glicant Heavily‘ Promotes and Markets its Products
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`Applicant has made huge efforts to promote its HAVE YOU HAD YOUR MASSAGE TODAY
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`products.
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`In only 5 years, Applicant’s has promoted and distributed its goods at approximately 15
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`national and regional conventions targeted to massage therapists,
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`including the American Massage
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`Therapy Association (AMTA) National Convention and the Florida State Massage Therapy Association
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`(FSMTA) Convention. The goods are shown at Applicant’s exhibitor tables.
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`In addition, Applicant
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`regularly promotes its HAVE YOU HAD YOUR MASSAGE TODAY products at the conventions by
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`holding raffles where the participants must wear their HAVE YOU HAD YOUR MASSAGE TODAY
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`T-shirts or other products to be eligible. A single convention raffle has drawn 1,600 persons wearing
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`the HAVE YOU HAD YOUR MASSAGE TODAY T-shirt. Petersen Decl. 1110. Applicant’s goods
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`have also been given away as part of fundraising campaigns for two research foundations: The Touch
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`Research Institute and Massage Therapy Foundation. Articles regarding the conventions where the T-
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`shirts have been distributed and about the fundraising efforts are attached as Exhibit A to the Petersen
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`Decl. A photograph of dozens of massage therapists wearing Applicant’s HAVE YOU HAD YOUR
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`MASSAGE TODAY clothing while participating in a $500 drawing sponsored by Applicant is attached
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`as Exhibit B to the Petersen Decl.
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`In 2009, Applicant sponsored a T-shirt photo contest where MASSAGE TODAY® readers
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`submitted stories and pictures about themselves and experiences while wearing HAVE YOU HAD YOUR
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`MASSAGE TODAY clothing. Viewers then voted on their favorite picture. Information promoting the
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`contest and an article announcing the winners are attached as Exhibit C to the Petersen Decl. Such
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`contests and raffles create consumer association between Applicant’s mark and the source of the goods.
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`A ' licant's Goods Have Hi - Distribution and Customer Ex osure
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`Applicant’s goods are sold by Massage Warehouse, one of the largest distributors of massage
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`products to massage therapists in the United States. Massage Warehouse sells HAVE YOU HAD
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`YOUR MASSAGE TODAY products via its web site and its physical catalog. Petersen Decl. 119. In the
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`past five years, Applicant has sold or given away at least 10,826 HAVE YOU HAD YOUR MASSAGE
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`TODAY products, which is approximately $162,280 worth of merchandise. The number of products
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`sold accounts for nearly twenty percent of MASSAGE TODAY® subscribers, and approximately
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`Request for Reconsideration after Final Action
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`Page 3 of 7
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`fourteen percent of all relevant consumers.
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`Moreover, the HAVE YOU HAD YOUR MASSAGE TODAY products are promoted in the
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`MASSAGE TODAY® publications. Hence, they are seen by the approximately 57,000 MASSAGE
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`TODAY® subscribers and the students at the approximately 329 massage schools where MASSAGE
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`TODAY® is available. Petersen Decl. 117.
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`c. Hundreds of Massage Therapists Identify the Phrase HAVE YOU HAD YOUR MASSAGE
`TODAY as a Trademark
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`Applicant’s success in its promotional efforts to create consumer awareness of HAVE YOU HAD
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`YOUR MASSAGE TODAY as a source identifier is evidenced by the 502 massage therapists, who, in a
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`recent survey, said that they recognize the phrase HAVE YOU HAD YOUR MASSAGE TODAY as a
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`trademark slogan that identifies the products of one company. Petersen Decl. 1113.
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`In addition, over
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`626 massage therapists answered “Yes” to the question “Are you familiar with the T-shirts that have the
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`phrase “Have you had your Massage Today" on them?”
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`These hundreds of consumer statements show that Applicant has not only made a substantial
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`effort to create consumer awareness of HAVE YOU HAD YOUR MASSAGE TODAY as a source
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`identifier, but that these efforts have been successful. Zatarains Inc. v. Oak Grove Smokehouse Inc.,
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`698 F.2d 786, 795 (5th Cir. 1983) (23-28% correct responses were held sufficient to establish secondary
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`meaning, though the issue is close) (overruled in part on other grounds by KP Permanent Make-Up, Inc.
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`v. Lasting Impression I, Inc., 543 U.S. 111, 116 (U.S. 2004)); see also Monsieur Henri Wines Ltd.
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`Duran, 204 U.S.P.Q. 601, 605 (TTAB 1979) (a 37-percent figure was found probative of secondary
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`meaning).
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`Applicant submits that its considerable marketing efforts have been successful and that HAVE
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`YOU HAD YOUR MASSAGE TODAY has acquired distinctiveness as a trademark under Section 2(f)
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`of the Trademark Act.
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`II.
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`Agplicant Has Used the Mark in Commerce for at Least Five Years
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`In addition to the evidence of acquired distinctiveness presented above, Applicant has made of
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`record the statement that its mark has acquired distinctiveness due to its use of the mark in U.S. commerce
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`in association with its goods for at least five years prior to this statement. Applicant has used the mark
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`HAVE YOU HAD YOUR MASSAGE TODAY in commerce and in connection with the goods listed in
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`the application since at least as early as June, 2006. Petersen Decl. 111. Applicant’s use has been
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`substantially exclusive and continuous. Applicant’s use of the mark for over five (5) years constitutes
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`prima facie evidence that the mark has become distinctive of Applicant’s goods. T.M.E.P. §1212.05(a) and
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`(d) and 1212.08. Applicant submits that meeting the 5 year threshold is further evidence that Applicant’s
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`mark has acquired distinctiveness.
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`III.
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`Am;licant’s Mark is Not Merely Ornamental Because it Incorporates the Registered Mark
`MASSAGE TODAY®
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`Applicant’s above arguments that the mark HAVE YOU HAD YOUR MASSAGE TODAY is a
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`source indicator, and not mere ornamentation, is further bolstered by the incorporation of Applicant’s
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`Request for Reconsideration after Final Action
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`Page 4 of 7
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`registered trademark MASSAGE TODAY® in the applied-for mark. An applicant may submit
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`evidence that the proposed mark would be recognized as a mark through its use with goods or services
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`other than those being refused as omamental”—‘secondary source.’ TMEP § l202.03(c). To show
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`secondary source, the applicant may “claim ownership of a U.S. registration on the Principal Register of
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`the same mark for other goods or services based on use in commerce under §1 of the Trademark Act.”
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`TMEP § l202.03(c). Although the doctrine of secondary source applies to identical marks, Applicant
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`submits, however, that the underlying logic should also be extended to non-identical marks so long as
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`the relevant consumers associate the two marks.
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`Applicant obtained U.S. Registration No. 2834369 for the trademark MASSAGE TODAY® in
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`connection with printed magazines and newsletters in the field of massage therapy and has used the
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`mark at
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`least as early as January, 2001. Applicant’s MASSAGE TODAY® mark is inherently
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`distinctive as demonstrated by its registration on the Principal Register without relying on Section 2(f)
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`of the Trademark Act. As discussed above, Applicant’s MASSAGE TODAY® publication is highly
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`successful and reaches a high percentage of massage therapists practicing in the U.S. Consumers
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`viewing the T-shirt specimen are sure to recognize the wording “MASSAGE TODAY” as a source
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`identifying mark since it appears in the same distinctive stylized font and coloration as is used in the
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`masthead of Applicant’s magazines and newsletters. See Exhibit 1, displaying Applicant’s online
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`publication masthead.
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`Applicant conducted a survey of massage therapists in connection with Applicant’s HAVE YOU
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`HAD YOUR MASSAGE TODAY mark. Of the 1319 respondents, at least 495 (37.5%) answered
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`“Yes” to the question, “If you saw a T-shirt with the phrase "Have you had your Massage Today" on it,
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`would you think the shirts were connected with the publication Massage Today?”. Petersen Decl. 1113.
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`This underscores the strong correlation in consumers minds between Applicant’s MASSAGE TODAY®
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`publication and HAVE YOU HAD YOUR MASSAGE TODAY clothing. Hundreds of respondents
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`identified the publication and clothing as coming from the same source, even though both marks were
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`presented in plain typeface. Even more consumers are likely to recognize the shared source in the
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`marketplace, because in its actual use, Applicant presents the “MASSAGE TODAY” portion of the
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`mark in the same distinctive stylized font and coloration as is used in the masthead of Applicant’s
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`magazines and newsletters.
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`The survey results support a finding that actual consumers in the relevant marketplace do focus
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`on the two marks’ shared terms and recognized that MASSAGE TODAY indicates that Applicant is the
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`source of HAVE YOU HAD YOUR MASSAGE TODAY clothing because the applied-for mark
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`incorporates Applicant’s inherently distinctive MASSAGE TODAY® mark. Applicant previously
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`submitted full arguments on this issue, and respectfully requests that the Examining Attorney reconsider
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`the refusal in light of the additional survey evidence submitted by Applicant.
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`Applicant respectfully submits that Applicant’s Mark shows secondary source in this case and
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`that Applicant’s mark should proceed to publication.
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`Conclusion
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`Request for Reconsideration after Final Action
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`Page 5 of 7
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`Due to Applicant’s significant evidence of acquired distinctiveness, its substantially exclusive and
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`continuous use of the mark HAVE YOU HAD YOUR MASSAGE TODAY in U.S. commerce in
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`connection with the goods listed above for at least five years preceding the date of this statement, and
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`Applicant’s longstanding use of the affiliated MASSAGE TODAY® mark, the HAVE YOU HAD YOUR
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`MASSAGE TODAY mark has acquired distinctiveness in connection with Applicant’s goods.
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`In view of the foregoing remarks, Applicant submits that the refusal to register the mark under
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`15 U.S.C. §§ 1051-1052, 1127 should be removed and that the Applicant be allowed to proceed to
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`registration. The Examining Attorney is invited to contact Applicant’s attorney at the telephone number
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`listed below if there are any questions regarding the above remarks.
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`Please charge Deposit Account No. 11-1410 for any fees which may be required.
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`EVIDENCE
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`Evidence in the nature of Web pages displaying Applicant's online publication masthead has been
`attached.
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`Evidence-1 [evi_6313 9240150-104221563_._APIS023 T-EXHIBIT_1.pdf]
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`ADDITIONAL STATEMENTS
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`Section 2(1), based on Evidence
`The mark has become distinctive of the goods/services, as demonstrated by the attached evidence.
`21f} evidence-1 [e2f-6313 9240150-104221563_._APIS023 T_SIGNED_DECL_WITH_EXHIBITS.pdf ]
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`Section 2(1), based on Use
`The mark has become distinctive of the goods/services through the applicant's substantially exclusive
`and continuous use in commerce that the U.S. Congress may lawfully regulate for at least the five years
`immediately before the date of this statement.
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`Electronic Signature
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`slashes, although acceptable "signatures" could include /john doe/; /jd/; or /123-4567/.
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`The form will not be "signed" in the sense of a traditional paper document. To verify the contents of the
`application, the signatory must enter any alpha/numeric character(s) or combination thereof of his or
`her choosing, preceded and followed by the forward slash (/) symbol. The USPTO does not determine or
`pre-approve what the entry should be, but simply presumes that this specific entry has been adopted to
`serve the function of the signature. Most signatories simply enter their names between the two forward
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`SIGNAT URE(S)
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`Declaration Signature
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`If the applicant is seeking registration under Section l(b) and/or Section 44 of the Trademark Act, the
`applicant has had a bona fide intention to use or use through the applicant's related company or licensee
`the mark in commerce on or in connection with the identified goods and/or services as of the filing date
`of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii); and/or the applicant
`has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its
`members. 37 C.F. R. Sec. 2.44. If the applicant is seeking registration under Section 1(a) of the
`Trademark Act, the mark was in use in commerce on or in connection with the goods and/or services
`listed in the application as of the application filing date or as of the date of any submitted allegation of
`use. 37 C.F.R. Secs. 2.34(a)(l)(i); and/or the applicant has exercised legitimate control over the use of
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`Request for Reconsideration after Final Action
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`Page 6 of 7
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`the mark in commerce by its members. 37 C.F.R. Sec. 2.44. 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. Section 1001, and that such willful false statements may jeopardize the validity of the
`application or any resulting registration, declares that he/she is properly authorized to execute this
`application on behalf of the applicant; he/she believes the applicant to be the owner of the
`trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C.
`Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of
`his/her knowledge and belief no other person, firm, corporation, or association has the right to use the
`mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be
`likely, when used on or in connection with the goods/services of such other person, to cause confusion,
`or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all
`statements in the original application and this submission made of the declaration signer's knowledge
`are true; and all statements in the original application and this submission made on information and
`belief are believed to be true.
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`Signature:
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`/tirzah abe |owe/
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`Date Signed: 07/13/2011
`l\/11\/I/DD/YYYY
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`Signatory's Name
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`Tirzah Abe Lowe
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`Signatory's Position
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`Attorney of record, California
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`Request for Reconsideration Signature
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`Signature:
`
`/tirzah abe |owe/
`
`Date Signed: 07/13/2011
`l\/11\/I/DD/YYYY
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`Signatory's Name
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`Tirzah Abe Lowe
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`Signatory's Position
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`Attorney of record, California
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`The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of
`the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal
`territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and
`to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian
`attorney/agent not currently associated with his/her company/firm previously represented the applicant
`in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute
`power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative
`to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the
`applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing
`him/her as an associate attorney in this matter.
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`The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.
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`SIGN
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`'
`
`CLEAR
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`Request for Reconsideration after Final Action
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`Page 7 of 7
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`*Instructions
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`To have the proper signatory sign the application electronically, please complete the following
`steps:
`1. Click on the link reading "Send this Text Form to the authorized signatory(ies) to
`request e-signature(s)" at the top of the page.
`2. Enter email address(es) on the request form and click on the "Send Email" button at the end
`of the request form.
`The requestor and the signatory will both receive an email acknowledgement for the request.
`The signatory clicks on the listed URL address in the received email to open the Text Form.
`The signatory completes the signature and date fields, and clicks on the "Sign" button at the
`end of the form.
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`.V‘.-‘>9’
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`6. The signatory and requestor will both receive a confirmation number through e-mail.
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`Privacy_Policy_Statement
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`The information collected on this form allows the PTO to determine whether a mark may be registered on the Principal or Supplemental register, and
`provides notice of an applicant's claim of ownership of the mark. Responses to the request for information are required to obtain the benefit of a
`registration on the Principal or Supplemental register. 15 U.S.C. section 1051 et seq. and 37 C.F.R. Part 2. All information collected will be made
`public. Gathering and providing the information will require an estimated 12 or 18 minutes (depending if the application is based on an intent to use the
`mark in commerce, use of the mark in commerce, or a foreign application or registration). Please direct comments on the time needed to complete this
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`7/ 1 3/201 1
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`

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`Mark
`
`Serial No.
`
`:
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`:
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`HAVE YOU HAD YOUR MASSAGE TODAY
`
`77/615,946
`
`EXHIBIT 1
`
`

`
`Massage Today provides massage & spa therapy news, research & info for alternative hea... Page 1 of 2
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`Minimum 5 Vears for Gift Certificates
`In 2009 President Obama signed
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`lt'ls All About Focus
`Have you ever driven someplace
`Busin-5: round table discussion Iridl
`the WIBB ago:
`Listen Haul
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`Police Group Seeks Even More
`Control Over Massage Board
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`By Christie Bondurant; Associats Editor
`
`After controversial amendments were made to the
`infamous "anti-prostitution" law of adding "hostile" law
`enforcementprofessionalsto a California massageboard,
`the bill gets even more contentiouswith its most recent
`language.
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`Have you had ‘four
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` flII8SI§I‘WIfU|IOl.I8I.CfllI'I
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`Alli pmllin um Ilvllwulugd is
`nntlalun If-may mum.-.Iu
`
`Safety Guidelines for Aromatherapy
`By5I1eIlisEntsen, RA, BA, LMBT
`
`There are some very important things to know in order to work
`effectively and ethically with essential oils. Apart from selecting the
`correct essences, knowing their properties and contraindications and
`choosing the most efficient method of administration, it is also necessary
`to observe certain safety guidelines and to know how to obtain and use
`the best quality essential oils. Because there is no governmental
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`Headaches: Trigger Points and Practice
`Building
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`ByDavidKent; LM7} NCTMB
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`Editoriau Topics
`Acupuncture &Acupressure
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`Billing & Insurance
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`Orthotics &0rthopeadics
`Pain Management
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`Padiatric<
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`‘IV
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`While there are many causes for headaches, one contributing factor is the presence of myofascial trigger points and
`the referred phenomena they produce. Patients commonly report this referred phenomena as a headache or head
`pain. The causes for the initial formation of myofascial trigger points and the perpetuating factors that influences
`them over time varies. Research studies by Drs. Simons and Travel have documented the general region within the
`tissues where trigger points form and the referral patterns they produce. Your ability to educate clients about trigger
`points can directly affect: whether the client reschedules or upgrades to a package of treatments; in some cases, the
`amount of your tip; and if they refer other new clients.
`
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`Olympic Bobs|edder's Massage
`Byjolm G. Louis, CMT
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`For those of you who watched the Olympic Bobsled events during the Winter Games, you saw the fastest track in the
`world. It made for incredibly exciting competition. I had lots of interest in the events because one of my clients was
`there and competed, a 28-year-old form er Cornell University football player named Jamie Moriarty. Jamiejust
`happens to live in Winnetka, Illinois, very close to my clinic in the same town.
`
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`8/27/2010
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`5/14/2010
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`Massage Today
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`Massage Today is the leading publication in the massage therapy profession, read by more
`massage therapists than any other.
`We have the highest readership in the profession for many reasons. Our readers tell us it's
`primarily because we publish the information and news they need and use in their businesses
`daily. Whether it's a new technique, a legislative update, the latest research or industry
`trends, they can and do read about it in Massage Today.
`Our advertisers tell us that our readers are decision-makers who are engaged with the
`publication. They can tell by theexceptional high number of responses and the sell-through
`rates their Massage Today ads bring them.
`
`All Massage Products 0 Massage Therapist Demographics
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`.
`.
`.
`.
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`443 4% - Sell products to their ciiehts
`40 ayears old‘ Median age
`11 6 years - Average years in practice
`71 4% - Have made ohiihe purchases for their practices
`
`33.6“/u 32.8“/u
`
`35.9“/u
`
`31.1“/u
`21.8“/u
`
`
`Source: MPA Media SuNey of Massage Therapists, 2008
`
`For more information on advertising Contact us at 1-800-324-7758 or e-mail us at niivehcisirigtiztrnparnetiia morn.
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`APIS . 023 T
`
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant
`
`: 1\/[PA Media, Inc.
`
`Serial No.
`
`:
`
`77/615946
`
`Filed
`
`.: November 17, 2008
`
`Mark
`
`: HAVE YOU HAD YOUR MASSAGE
`
`TODAY
`
`DECLARATION OF DONALD M. PETERSEN, JR.
`
`1, Donald M. Petersen, Jr, am the President of MPA Media, Inc. (“Applicant”) and am
`
`authorized to make this declaration on its behalf. I have personal knowledge of the facts set forth
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`below and of the goods offered under the above-identified mark and the manner in which the mark
`
`is used. If called upon and sworn as a witness, I could and would competently testify as set forth
`
`below.
`
`1.
`
`Applicant has been using the mark HAVE YOU HAD YOUR MASSAGE
`
`TODAY in connection with T-shirts, sweat shirts, sweat pants, jackets,
`
`tops, bottoms and
`
`headwear in U.S. commerce since at least as early as June, 2006.
`
`2.
`
`The mark HAVE YOU HAD YOUR MASSAGE TODAY has become distinctive
`
`of the goods identified in the application t