throbber
Cowan, Liebowitz 8: Latman, P.C.
`LAW OFFICES
`
`1133 Avenue of the Americas
`
`° New York, NY 10036-6799
`
`Telephone (212) 790-9200
`
`° Web www.cll.com '
`
`Fax (212) 575-0671
`
`Antonio Borrelli
`
`Direct (212) 790-9223
`axb@cll.com
`
`March 26, 2007
`
`VIA EXPRESS MAIL
`
`Box TTAB — FEE
`
`Commissioner for Trademarks
`P.O. Box 1451
`
`Alexandria, Virginia 22313-1451
`
`Re:
`
`The Chios Mastiha Growers Association
`Mark MASTIHASHOP VOYAGE TO THE EAST
`
`MEDITERRANEAN & Design
`Serial No. 79/018,868 in Classes 3, 5, 29, 30 and 35
`Attomefleference No. 25034.004
`
`Dear Commissioner:
`
`We attach the following:
`
`1.
`
`2.
`
`3.
`
`Notice of Appeal.
`
`Copy of Request for Reconsideration in Response to Office Action
`Dated September 26, 2006.
`
`Check in the amount of $500 to cover filing fees with respect to
`
`Notice of Appeal.
`
`If the enclosed check is insufficient and additional fees are required, please charge our
`
`Deposit Account No. 03-3415.
`
`03/E9/2007 GTHDHQSE 00000091 033015
`
`79016060
`
`’
`
`- -’
`
`01 FC:6403
`
`5°°°°° 3“
`
`25°3“’°°“’735735~‘
`
`I|||||lIllllllllllllllllllllllllllllllllllllllllll
`
`O3-27-2007
`
`u.s. I>aumur.1omr.1r.1aiIn:ptnm1
`
`

`
`Cowan, Liebowitz & Latman, P.C.
`
`Trademark Trial and Appeal Board
`March 26, 2007
`
`Page 2
`
`Kindly acknowledge receipt of the enclosures recited above BY STAMPING THE
`ATTACHED POST CARD March 26, 2007, IN ACCORDANCE WITH THE EXPRESS
`MAIL RULE.
`
`Please address all communications, either by mail or telephone, to the undersigned.
`
`Respectfully submitted,
`
`COWAN, LIEBOWITZ & LATMAN, P.C.
`Attorneys for Applicant
`
`
`
`Enclosures
`
`cc:
`
`James Ringle, Esq., Trademark Attorney, Law Office 111
`
`25034/004/785735.]
`
`

`
`Attorney Ref. No. 25034.004
`
`TRADEMARK LAW OFFICE 111
`Serial No. 79/018,868
`Mark: MASTIHASHOP VOYAGE
`
`TO THE EAST MEDITERRANEAN
`
`& Design
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`NOTICE OF APPEAL
`
`_________________________________________________ __x
`
`In re Application of
`
`The Chios Mastiha Growers Association
`
`Serial No. 79/018,868
`
`Filed: January 23, 2005
`
`For Mark: MASTIHASHOP VOYAGE
`
`TO THE EAST MEDITERRANEAN &
`
`Design
`_________________________________________________ __ X
`
`Commissioner for Trademarks
`
`Box TTAB
`
`P.O. Box 1451
`
`Alexandria, Virginia 22313-1451
`
`Applicant hereby appeals to the Trademark Trial and Appeal Board from the decision
`
`of the examining attorney dated September 26, 2006 refusing registration.
`
`This notice of appeal
`
`is accompanied by a copy of Applicant's Request
`
`for
`
`Reconsideration to the Examining Attorney's Office Action of September 26, 2006.
`
`fl
`“Express Mail” Mailing Label Number
`I hereby certify that this paper or fee is being deposited with the United States
`Postal Service “Express Mail Post office to Addressee" service under 37
`CFR. 1.10 on the date indicated above and is addressed to te Commissioner
`
`for Tr de
`ark , P.
`.Box 1451, -..-I- iVirinia 22313-1 1 on
`
`
`'
`_lJI/(J '14»
`»
`(Prin name)
`
`
`
`03/89/9007 ETKQRQEE 00000092 79010050
`
`01 FCa6003
`
`500n00 09
`
` 25034/004/783359.1
`
`

`
`Q
`
`Applicant respectfully requests that this appeal be suspended and that the case be remanded
`
`to the Examining Attorney for consideration of Applicant's Response.
`
`Applicant encloses herewith a check for $100 in payment of the prescribed appeal fee.
`
`Dated: New York, New York
`
`March 26, 2007
`
`Respectfully submitted,
`
`COWAN, LIEBOWITZ & LATMAN, P.C.
`Attorneys For Applicant
`
`By:
`
`Jeffrey H. Epstein
`Antonio Borrelli
`
`1133 Avenue of the Americas
`
`New York, New York 10036-6799
`
`(212) 790-9200
`
`cc:
`
`James Ringle, Esq., Trademark Attorney, Law Office 111
`
`25034/004/783359.]
`
`

`
`Attorney Ref. No. 25034004
`
`TRADEMARK LAW OFFICE 111
`Serial No. 79/018,868
`Mark: MASTIHASHOP VOYAGE
`
`TO THE EAST MEDITERRANEAN
`
`& Design
`
`
`
`_________________________________________________ __ X
`
`In re Application of
`
`The Chios Mastiha Growers Association
`
`.
`
`'
`
`REQUEST FOR
`
`F”€d= January 23» 3005
`
`RESPONSE TO OFFICE ACTION
`DATED SEPTEMBER 26 2006
`
`For Mark: MASTIHASHOP VOYAGE
`
`TO THE EAST MEDITERRANEAN &
`
`Design
`_________________________________________________ _-x
`
`Commissioner for Trademarks
`
`P. O. Box 1451
`
`Alexandria, Virginia 22313-1451
`
`Attention: James Ringle, Esg., Trademark Attorney, Law Office 111
`
`The Chios Mastiha Growers Association (“Applicant”) hereby responds to the FINAL
`
`Office Action dated September 26, 2006 in connection with the above-identified trademark/
`
`service mark application.
`
`Q 02 OM35/'5
`“Express Mail" Mailing Label Number
`I hereby certify that this paper or fee is being deposited with the United States
`Postal Service “Express Mail Post office to Addressee" service under 37
`C.F.R. 1.10 on the date indicated above and is addresse
`to the Commissioner
`
`
`
`25034/004/7857021
`
`

`
`Attorney Ref. No. 25034.004
`
`TRADEMARK LAW OFFICE 111
`Serial No. 79/018,868
`Mark: MASTIHASHOP VOYAGE
`
`TO THE EAST MEDITERRANEAN
`
`& Design
`
`ADDITIONAL MATERIALS
`
`Attached as Exhibit 1 is a new drawing of Applicant’s mark.
`
`1.
`
`Please amend the color claim as follows:
`
`AMENDMENTS
`
`- The colors green, white and black are claimed as distinctive features of the mark -
`
`2.
`
`Please add the following color description to the application:
`
`-- The word SHOP which forms part of the term MASTIHASHOP appears in the
`color green; the words MASTIHA, VOYAGE TO THE EAST
`MEDITERRANEAN, THE CHIOS MASTIHA GROWERS ASSOCIATION,
`ENOSI MASTICHOPARAGOGON CHIOU and 1938 appear in the color black;
`the spaces between the two concentric circles, between the inner circle and the
`four squares, the space between the four squares and bound in the square design
`appear in the color white --
`
`3.
`
`Please enter the following disclaimer in respect of services in International class 35:
`
`--
`
`to the
`No claim is made
`MEDITERRANEAN --
`
`exclusive
`
`right
`
`to use
`
`1938
`
`and EAST
`
`4.
`
`Please amend the identification of goods and services covered by Applicant’s
`
`application as follows:
`
`International class 3
`
`Please amend “acne treating cosmetic creams” to “non-medicated acne treating
`cosmetic creams.”
`
`25034/004/785702.l
`
`

`
`Attorney Ref. No. 250234.004
`
`TRADEMARK LAW OFFICE 111
`Serial No. 79/018,868
`Mark: MASTIHASHOP VOYAGE
`
`TO THE EAST MEDITERRANEAN
`
`& Design
`
`a.
`
`b.
`
`c.
`
`(1.
`
`International class 30
`
`Please delete “sweets with biscuits.”
`
`Please amend “mastic-based sweets” to “mastic-based sweets, namely, puddings.”
`
`Please amend “delight” to “delight, namely, Turkish delight and loukoumi.”
`
`Please delete the second reference to “waffles'.”
`
`International class 35
`
`Please amend “business management and exploitation of business matters relevant to
`webpages and the internet, namely, licensing and merchandising services” to “business
`management and exploitation of business matters relevant to webpages and the internet,
`namely, licensing of computer software, intellectual property, technology and know-how and
`product licensing merchandising services.”
`
`A.
`
`Color Claim and Color Description
`
`REMARKS
`
`The examining attorney has asked Applicant
`
`to submit a color claim and color
`
`description. Applicant has complied with the examining attomey’s requirement.
`
`B.
`
`Drawing of Applicant’s Mark
`
`The examining attorney has asked Applicant to submit a new drawing. Applicant has
`
`submitted a new drawing of Applicant’s mark. See Exhibit 1.
`
`' The first reference to “waffles” (appearing after “dried bread” and before “pies”) should be maintained.
`
`25034/004/7357o2.1
`
`3
`
`

`
`Attorney Ref. No. 25034.004
`
`TRADEMARK LAW OFFICE 111
`Serial No. 79/018,868
`Mark: MASTIHASHOP VOYAGE
`
`TO THE EAST MEDITERRANEAN
`
`& Design
`
`C.
`
`Disclaimer
`
`The examining attorney has asked Applicant
`
`to disclaim 1938 and EAST
`
`MEDITERRANEAN in respect of services in International class 35. Applicant has inserted a
`
`properly worded disclaimer.
`
`The examining attorney has also asked Applicant to disclaim the wording THE
`
`CHIOS MASTIHA GROWERS ASSOCIATION, the non-Latin characters that mean CHIOS
`
`MASTIHA GROWERS ASSOCIATION and the transliteration of those foreign characters
`
`which is ENOSI MASTIOPARAGOGON CHUOU in respect of classes 3, 5, 29 and 30 apart
`
`from the mark on the ground that the terms are merely descriptive. Applicant respectfully
`
`disagrees with the examining attorney’s position and requests that the examining attorney
`
`reconsider and withdraw the refusal because Applicant is the sole and exclusive source of the
`
`goods covered by classes 3, 5, 29 and 30 and the term THE CHIOS MASTIHA GROWERS
`
`ASSOCIATION has acquired distinctiveness in relation to goods covered by classes 3, 5, 29
`
`and 30 of Applicant’s application, as stated in the attached declaration.
`
`i. Applicant is the Only Source of Mastiha and Mastiha Products in the United
`States
`
`Applicant, The Chios Mastiha Growers Association, is an agricultural cooperative
`
`engaged in the business of selling mastiha gum (hereinafter referred to as “mastiha”) and
`
`products derived from mastiha such as mastiha essential oil and chewing gum. See
`
`Declaration of Konstantinos Ganiaris, President of Applicant, attached as Exhibit 2
`
`25034/004/785702.]
`
`

`
`Attorney Ref. No. 25034.004
`
`TRADEMARK LAW OFFICE 111
`Serial No. 79/018,868
`Mark: MASTIHASHOP VOYAGE
`
`TO THE EAST MEDITERRANEAN
`
`& Design
`
`(hereinafter “Ganiaris Decl.”) at 1] 3-4 and 7. Mastiha is a resin-type gum, harvested
`
`exclusively from the mastiha tree, Pistacia Lentiscus L. var. Chia. This tree can only be
`
`grown in twenty-four (24) villages in the southern part of the Greek island of Chios in the
`
`north-eastem Aegean Sea. Ganiaris Decl. at 1] 3. Owing to the fact that mastiha only
`
`originates in one place throughout the world, the European Union has recognized mastiha
`
`and mastiha products, namely, mastiha essential oil and mastiha chewing gum, as protected
`
`designations of origin (hereinafter “PDOs”). Ganiaris Decl. at 1[ 1 1.
`
`Applicant was founded in 1938 by a special law, namely, Compulsory Law No. 1390
`
`of 8/10 October 1938 (hereinafter “Law”), and continues to be in good standing. Ganiaris
`
`Decl. at 1] 6. The Law requires all growers of mastiha to become members of Applicant.
`
`Ganiaris Decl. at 1] 7. In addition, the Law requires each and every grower of mastiha to
`
`deliver its entire produce (except for a small quantity for personal consumption) to Applicant.
`
`Ganiaris Decl. at ‘H 9. Thus, under the Law, Applicant has an exclusive right over the
`
`mastiha grown by growers in the southern part of the island of Chios (the only place in the
`
`world where mastiha is grown). The Law also gives Applicant the sole and exclusive right to
`
`commercialize mastiha and mastiha products all over the world, including the United States.
`
`Applicant first cleans and processes the mastiha crop that is delivered to it by the
`
`growers of mastiha. Ganiaris Decl. at 1] 12. Applicant then packages the mastiha and
`
`mastiha products and sells them either directly or indirectly in numerous countries around the
`
`world, including the United States. Ganiaris Decl. at 1[ 13. Thus, one hundred percent
`
`25034/004/785702. I
`
`5
`
`
`
`

`
`Attorney Ref. No. 25034.004
`
`TRADEMARK LAW OFFICE 111
`Serial No. 79/018,868
`Mark: MASTIHASHOP VOYAGE
`
`TO THE EAST MEDITERRANEAN
`
`& Design
`
`(100%) of mastiha and mastiha products, namely, mastiha essential oil and chewing gum,
`
`sold in the United States and other countries emanate from Applicant. Ganiaris Decl. at 1[ 14.
`
`Applicant’s exclusive rights in mastiha and mastiha products are further safeguarded
`
`by additional laws passed by the state of Greece. Ganiaris Decl. at 1] 10.
`
`Applicant has also been recognized as having exclusive rights in mastiha and mastiha
`
`products outside Greece. The European Union which comprises twenty seven (27) countries
`
`recognizes Applicant as the only legitimate rights holder of the PDOS, namely, Chios
`
`Mastiha, Chios Mastiha oil and Chios chewing gum. Ganiaris Decl. at 1] 11.
`
`Thus, the only source of mastiha is the Greek island of Chios, all mastiha harvested on
`
`Chios (except for a small quantity for personal consumption by the growers) must be turned
`
`over to Applicant, and Applicant is the sole entity that is authorized to sell and sells mastiha
`
`in the United States. It follows that the term THE CHIOS MASTIHA GROWERS
`
`ASSOCIATION can not help but function as a source identifier for the goods bearing this
`
`term. Ganiaris Decl. at 1] 2. See I_n re Failure Analysis Associates,
`
`1 USPQ2d 1144 (TTAB
`
`1986) (term FAILURE ANALYSIS ASSOCIATES, which had not been used by other
`
`entities to denote type of services rendered by applicant, held sufficient to establish, prima
`
`facie, that the relevant public understands the term as nothing more than name of the services
`
`rendered by applicant).
`
`25034/004/785702.]
`
`

`
`Attorney Ref. No. 25034004
`
`TRADEMARK LAW OFFICE 111
`Serial No. 79/018,868
`Mark: MASTIHASHOP VOYAGE
`
`TO THE EAST MEDITERRANEAN
`
`& Design
`
`ii.
`
`The Term THE CHIOS MASTIHA GROWERS ASSOCIATION Has
`
`Acquired Distinctiveness Through Substantially Exclusive and Continuous
`Use For At least Five Years Prior to the Date of Applicant’s Declaration
`
`The term THE CHIOS MASTIHA GROWERS ASSOCIATION has become
`
`distinctive through Applicant’s substantially exclusive and continuous use for at least five
`
`years on and in connection with mastiha and mastiha products in commerce between Greece
`
`and the United States or in U.S. interstate commerce.
`
`Section 2(f) of the Trademark Act, 15 U.S.C. §l052(f), provides that "proof of
`
`substantially exclusive and continuous use" of a designation "as a mark by the applicant in
`
`commerce for the five years before the date on which the claim of distinctiveness is made"
`
`may be accepted as primafacie evidence that the mark has acquired distinctiveness as used
`
`with the applicant's goods in commerce. 37 C.F.R. §2.4l(b); T.M.E.P. §l205.05. If an
`
`applicant chooses to seek registration under Section 2(1) of the Trademark Act, 15 U.S.C.
`
`§1052(t), by using the statutory suggestion of five years of use as proof of distinctiveness, the
`
`applicant should submit a claim of distinctiveness. T.M.E.P. §1205.05(d). The claim of
`
`distinctiveness is generally required to be supported by an affidavit or declaration under 37
`
`C.F.R. §2.20, signed by a person properly authorized to sign on behalf of applicant under 37
`
`C.F.R. §2.33(a). T.M.E.P. §1205.05(d).
`
`Here, Applicant has used the term THE CPHOS MASTIHA GROWERS
`
`ASSOCIATION substantially exclusively and continuously for at least five years on and in
`
`25034/O04/785702. I
`
`

`
`Attorney Ref. No. 25034.004
`
`TRADEMARK LAW OFFICE 111
`Serial No. 79/018,868
`
`Mark: MASTIHASHOP VOYAGE
`
`TO THE EAST MEDITERRANEAN
`
`& Design
`
`connection with mastiha and mastiha products in commerce between Greece and the United
`
`States or in U.S. interstate commerce. Ganiaris Decl. at1l 16. App1icant’s claim of five years’
`
`use should be accepted as prima facie evidence that the term THE CHIOS MASTIHA
`
`GROWERS ASSOCIATION has acquired distinctiveness under Section 2(t) of the
`
`Trademark Act, 15 U.S.C. §l052(f).
`
`iii.
`
`The Term THE CHIOS MASTIHA GROWERS ASSOCIATION Has
`Acquired Distinctiveness Through Use in the United States
`
`Furthermore, a review of the evidence submitted along with the Ganiaris Declaration
`
`shows that the term THE CHIOS MASTIHA GROWERS ASSOCIATION has acquired
`
`distinctiveness by long and extensive use in commerce such that the U.S. press, trade, and
`
`public widely recognize it as a source identifier of goods emanating from Applicant.
`
`Accordingly, Applicant should not be required to disclaim the term TI-E CHIOS MASTIHA
`
`GROWERS ASSOCIATION.
`
`Applicant has sold mastiha and mastiha based products in the United States for close
`
`to five decades. Long use of the mark is one relevant factor to consider in determining
`
`whether a mark has acquired distinctiveness. T.M.E.P. l2l2.06(a). These products have
`
`been distributed throughout the United States either directly by Applicant or through third-
`
`party distributors and retailers in packaging bearing the term THE CHIOS MASTIHA
`
`GROWERS ASSOCIATION. Such use of the term THE CHIOS MASTIHA GROWERS
`
`ASSOCIATION has helped establish consumer recognition of Applicant as the source of the
`
`250341004/785702.]
`
`8
`
`

`
`Attorney Ref. No. 25034.004
`
`TRADEMARK LAW OFFICE 111
`Serial No. 79/018,868
`Mark: MASTIHASHOP VOYAGE
`
`TO THE EAST MEDITERRANEAN
`
`& Design
`
`mastiha and mastiha products. Ganiaris Decl. at 11 17. Moreover, as explained above, such
`
`use has been exclusive.
`
`Furthermore, Applicant’s use of THE CHIOS MASTIHA GROWERS
`
`ASSOCIATION has been substantial. Applicant has enjoyed strong sales since the early
`
`days. Ganiaris Decl. at 1] 17. Applicant’s direct sales of mastiha during the period between
`
`1959 through 2006 exceeded one hundred and thirty five thousand kilograms or three
`
`hundred thousand pounds. During the years 2000 through 2006, Applicant’s direct sales of
`
`unprocessed mastiha exceeded thirty eight thousand kilograms or eighty five thousand
`
`pounds. The dollar value of this unprocessed mastiha was approximately 3 million Euros2 or
`
`US$ 4 million3. Ganiaris Decl. at 11 18 and 19. See Q re Uncle Sam Chemical Co., Inc., 229
`
`USPQ 233 (TTAB 1986) (§2(t) claim of acquired distinctiveness of SPRAYZON for
`
`"cleaning preparations and degreasers for industrial and institutional use" found persuasive
`
`where applicant had submitted declaration of its president supporting sales figures and
`
`attesting to over__eighteen years of substantially exclusive and continuous use).
`
`Applicant has also promoted the term TI-IE CHIOS MASTIHA GROWERS
`
`ASSOCIATION as an indicator of source for
`
`its goods.
`
`Ganiaris Decl. at
`
`1] 20.
`
`Advertisements featuring the term THE CHIOS MASTIHA GROWERS ASSOCIATION in
`
`conjunction with the goods covered by Applicant’s application have appeared in
`
`2 This figure has been calculated using a yearly average price per kilo.
`3 The conversion from Euros into dollars has been done using the exchange rate as of March 24, 2007.
`
`25034/004/785702.l
`
`9
`
`

`
`Attorney Ref. No. 25034.004
`
`TRADEMARK LAW OFFICE 111
`Serial No. 79/018,868
`Mark: MASTIHASHOP VOYAGE
`
`TO THE EAST MEDITERRANEAN
`
`& Design
`
`publications, including general interest magazines targeted towards the general public, as
`
`well as specialty publications such as magazines targeted towards food connoisseurs and the
`
`culinary industry. Ganiaris Decl. at 1] 20. Applicant and Applicant’s products have also
`
`received unsolicited media coverage on the Today Show and Good Morning America.
`
`Ganiaris Decl. at 11 21. These shows are watched by millions of people across the United
`
`States.
`
`In 2006 Applicant embarked on an aggressive advertising campaign which cost
`
`Applicant close to one million three hundred forty thousand US$ (1,340,000 US$). Ganiaris
`
`Decl. at 1[ 20. As part of this campaign, Applicant co-sponsored an event called “Passport to
`
`a Taste of Greece” in which numerous well-known New York City restaurants participated.
`
`Brochures and promotional materials distributed during this event prominently listed
`
`Applicant as a co-sponsor of the event. Ganiaris Decl. at $1 22. Applicant’s association with
`
`mastiha and mastiha products has also been enhanced through presentations about mastiha in
`
`major U.S. cities such as New York and Washington, D.C.
`
`In December 2006, Applicant
`
`presented a program at the famous French Culinary Institute where chefs and beauty experts
`
`presented the culinary and cosmetic uses of mastiha to an audience consisting of journalists
`
`from prominent magazines, chefs and ordinary persons interested in mastiha. Ganiaris Decl.
`
`at 11 23. Also, in December 2006, the Greek embassy in Washington, D.C. held a program for
`
`journalists and media persons about mastiha. This program was hosted by the Greek
`
`25034/004/785702.]
`
`10
`
`

`
`Attorney Ref. No. 25034.004
`
`TRADEMARK LAW OFFICE 111
`Serial No. 79/018,868
`Mark: MASTIHASHOP VOYAGE
`
`TO THE EAST MEDITERRANEAN
`
`& Design
`
`ambassador to the United States and was sponsored, in part, by Applicant, thus increasing the
`
`exposure of Applicant and its products to the U.S. media and public. Id.
`
`Not only has Applicant promoted THE CHIOS MASTIHA GROWERS
`
`ASSOCIATION as a source identifier among the general public, it has also promoted itself
`
`among the members of the trade. Invoices issued to Applicant’s retailers and distributors in
`
`the United States prominently display Applicant’s name. Ganiaris Decl. at 1] 17. Such use
`
`has helped in consumer recognition of Applicant as the source of the mastiha and mastiha
`
`products. Id.
`
`Applicant has also participated in international Food & Drink trade shows in the
`
`United States, such as the Summer and Winter Fancy Food Shows in New York and San
`
`Francisco. Applicant’s booths and promotional materials at these trade shows display
`
`Applicant’s name such that the trade and other persons who visit these trade shows know that
`
`the mastiha and mastiha products emanate from Applicant. Ganiaris Decl. at 1] 24.
`
`For all the above reasons, the term THE CHIOS MASTIHA GROWERS
`
`ASSOCIATION has become widely recognized by the U.S. press, trade, and public as a
`
`source identifier of App1icant’s goods.
`
`Since Applicant should not be required to disclaim THE CHIO MASTIHA
`
`GROWERS ASSOCIATION, it should also not be required to disclaim the non-Latin
`
`characters that mean CHIOS MASTIHA GROWERS ASSOCIATION and the transliteration
`
`of those foreign characters which is ENOSI MASTIOPARAGOGON CHUOU.
`
`25034/004/7357024
`
`1 l
`
`

`
`Attorney Ref. No. 25034.004
`
`TRADEMARK LAW OFFICE 111
`Serial No. 79/018,868
`Mark: MASTIHASHOP VOYAGE
`
`TO THE EAST MEDITERRANEAN
`
`& Design
`
`E.
`
`Identification of Goods and Services
`
`Applicant responds to the examining attomey’s requirements as follows:
`
`Class 3:
`
`The examining attorney has asked Applicant to delete “acne treating cosmetic
`
`creams” from the application. Applicant has clarified the nature of these creams by adding
`
`the term “non—medicated.” According to the Trademark Acceptable Identification of Goods
`
`and Services Manual (“Manual”), non—medicated acne treatment preparations are properly
`
`classified in class 3. See printout from Manual attached as Exhibit 3. A non—medicated acne
`
`treating cosmetic cream is a type of non—medicated acne treatment preparation. Accordingly,
`
`Applicant requests the examining attorney to withdraw the objection regarding these goods.
`
`Class 30:
`
`The examining attorney has asked Applicant to specify “sweets made with
`
`biscuits”, “mastic based sweets” and “delight.” Applicant has deleted “sweets made with
`
`biscuits.” Applicant has amended “mastic based sweets” to “mastic based sweets, namely,
`
`puddings.” Applicant has also amended “delight” to “delight, namely, Turkish delight and
`
`loukoumi.” Loukoumi is the Greek version of Turkish delight. See printout from website
`
`located at www.greekproducts.com attached as Exhibit 4.
`
`Lastly, the examining attorney states that “waffles” appears twice in the identification
`
`of goods covered by this class. Applicant has deleted the second reference to “waffles.”
`
`25034/004/785702. I
`
`12
`
`

`
`Attorney Ref. No. 25034.004
`
`TRADEMARK LAW OFFICE 111
`
`Serial No. 79/018,868
`Mark: MASTIHASHOP VOYAGE
`
`TO THE EAST MEDITERRANEAN
`
`& Design
`
`Class 35:
`
`The examining attorney has asked Applicant
`
`to specify “licensing and
`
`merchandising services.” Applicant has specified these services.
`
`The identification of goods covered by classes 5 and 29 remain unchanged.
`
`Pursuant to the amendments, the application covers the following goods and services:
`
`Class 3:
`
`BLEACHING PREPARATIONS FOR COSMETIC PURPOSES AND FOR
`HOUSEHOLD USE; PREPARATIONS FOR LAUNDRY USE, NAMELY,
`FABRIC SOFTENERS, SEAWEED GELATINE; GENERAL PURPOSE
`PREPARATIONS FOR CLEANING AND POLISHING; ABRASIVE
`LIQUIDS AND POWDERS; SOAPS, NAMELY, LIQUID, HAND AND
`LAUNDRY SOAPS; AFTER-SHAVE LOTION; SHAVING FOAM;
`PERFUMERY; COSMETICS; HAIR DRESSING PREPARATIONS,
`NAMELY,
`SHAMPOOS, CONDITIONERS, POMADE; PERFUMES,
`ESSENTIAL OILS AND COSMETIC PREPERATIONS WITH OR
`WITHOUT PERFUME, NAMELY, SKIN CREAMS FOR THE NECK,
`NON-MEDICATED
`ACNE
`TREATING
`COSMETIC
`CREAMS,
`CLEANSING MILK FOR THE FACE, FACE SCRUB, BODY SCRUB,
`MOISTURIZING BODY MILK, CREAM FOR THE FEET; BATH SALTS;
`NON-IVIEDICATED BATH PREPARATIONS;
`BEAUTY MASKS;
`CREAMS AND PREPARATIONS FOR BODY AND FACE CARE, SKIN
`HYDRATION CREAMS, CREAMS WITH PERFUME FOR BODY AND
`FACE, EYE CREAMS; CREAMS, LOTION AND CLEANING LOTION
`FOR THE BODY, FACE, SKIN AND HANDS; BREATH FRESHENERS;
`ESSENTIAL OIL, NAMELY, MASTIC OIL FOR COSMETIC USE AND
`FOR CLEANING; MOUTH WASHES, NOT FOR MEDICAL PURPOSES;
`TOOTHPASTES; TEETH AND MOUTH CLEANING AND WASHING
`PREPARATIONS, NOT FOR MEDICAL PURPOSES.
`
`Class 5:
`
`PHARMACEUTICAL PREPARATIONS, NAMELY, ULCER-TREATING
`PREPARATIONS, ANTI-INFLAMMATORY PREPARATIONS, ANTI-
`OXIDANT
`PREPARATIONS;
`VETERINARY
`PREPARATIONS,
`NAMELY,
`ULCER-TREATING
`PREPARATIONS,
`ANTI-
`INFLAMMATORY PREPARATIONS, ANTI-OXIDANT PREPARATIONS;
`
`25034/004/785702.]
`
`13
`
`

`
`Attorney Ref.
`
`N0. 25034.004
`
`TRADEMARK LAW OFFICE 111
`
`Serial No. 79/018,868
`
`Mark: MASTIHASHOP VOYAGE
`
`TO THE EAST MEDITERRANEAN
`
`& Design
`
`SANITARY PREPARATIONS FOR MEDICAL USE; THERAPEUTIC
`PREPARATIONS, NAMELY, ORAL-CAVITY CARE PREPARATIONS,
`PREPARATIONS FOR THE TREATMENT OF THE GASTRO-INTESTIAL
`SYSTEMS, PREPARATIONS FOR THE TREATMENT OF THE SKIN
`AND WOUNDS; DIETARY SUPPLEMENTANTS ADAPTED FOR
`MEDICAL USE FOR CHILDREN AND THE SICK; MEDICAL
`PLASTERS; BANDAGING MATERIAL, NAMELY, COMPRESSION,
`SURGICAL AND ELASTIC BANDAGES; MASTIC OIL AND MASTIC
`FOR MEDICAL USE; CHEWING GUM FOR MEDICAL PURPOSES;
`SEALING MATERIAL FOR TEETH AND TEETH IMPRINTS;
`DISINFECTANT PREPARATIONS FOR DESTROYING VERMIN AND
`HARIVIFUL
`PESTS, NAMELY,
`PESTICIDES
`FOR DOMESTIC,
`AGRICULTURAL,
`INDUSTRIAL
`AND
`COMMERCIAL
`USE;
`FUNGICIDES, ANTI-FUNGAL CREAMS
`FOR MEDICAL USE;
`HERBICIDES.
`
`MEAT, FISH, POULTRY AND GAME; MEAT EXTRACTS; PRESERVED,
`DRIED AND COOKED FRUITS AND VEGETABLES; JELLIES; JAMS,
`EGGS, MILK AND DAIRY PRODUCTS EXCLUDING ICE CREAM, ICE
`MILK AND FROZEN YOGURT; EDIBLE OILS AND FATS, CANNED
`FOOD INCLUDED IN THIS CLASS, NAMELY, FRUITS, TOMATOES,
`PORK AND BEANS; SALADS IN VINEGAR EXCEPT MACARONI, RICE
`AND PASTA SALAD; PICKLES.
`
`COFFEE, TEA, COCOA, SUGAR, RICE, TAPIOCA, SAGO, ARTIFICIAL
`COFFEE SUBSTITUTES, FLOUR AND PREPARATIONS MADE FROM
`CEREAL, NAMELY, CAKES, CROISSANTS, COOKIES, BREAD,
`HALVA, TAHINI, BISCUITS, SHORTBREAD, SWEET BREAD CRISPS,
`DRIED BREAD, WAFFLES, PIES, SWEETS MADE OF SESAME AND
`HONEY; PREPARATIONS MADE FROM BREAD, NAMELY, DRIED
`BREAD; PREPARATIONS MADE FROM BISCUITS, NAMELY, CAKES,
`PREARATIONS MADE
`FROM PASTRIES, NAMELY, CAKES,
`CROISSANTS, BAKLAVA, KATAIFI, DELIGHT, NAMELY, TURKISH
`DELIGHT AND LOUKOUMI; MASTIC BASED SWEETS, NAMELY,
`PUDDINGS;
`PREPARATIONS MADE FROM CONFECTIONARY,
`NAMELY, CANDIES, TOFFIES, LOLLIPOPS AND BON-BONS;
`ICE-
`CREAMS, HONEY, TREACLE, YEAST, BAKING-POWDER, SALT,
`MUSTARD, VINEGAR, PEPPER, SAUCES, SPICES, ICE, CHOCOLATE,
`CHEWING GUMS, NOT FOR MEDICAL PURPOSES.
`
`Class 29:
`
`Class 30:
`
`25034/004/785702.]
`
`14
`
`

`
`Attorney Ref. No. 25034.004
`
`TRADEMARK LAW OFFICE 111
`
`Serial No. 79/018,868
`Mark: MASTIHASHOP VOYAGE
`
`TO THE EAST MEDITERRANEAN
`
`& Design
`
`Class 35:
`
`ADVERTISING, ADVERTISING THROUGH WEB PAGES AND THE
`INTERNET, PROMOTING THE PRODUCTS AND SERVICES OF
`OTHERS BY PROVIDING A WEBSITE AT WHICH USERS CAN LINK
`TO AGRICULTURAL PRODUCERS LINKS, AGRO TOURISM AND
`TOURISM LINKS, MEDICAL PRODUCTS’
`LINKS, COSMETIC
`PRODUCT AND SERVICES’ LINKS, CULINARY LINKS, LINKS ON
`EDIBLE FINAL PRODUCTS AND RECIPES IN GENERAL; CULTURAL
`EVENTS’
`LINKS;
`BUSINESS
`MANAGEMENT;
`BUSINESS
`ADMINISTRATION; OFFICE FUNCTIOINS; BUSINESS MANAGEMENT
`AND EXPLOITATION OF BUSINESS MATTERS RELEVANT TO WEB
`PAGES AND INTERNET, NAMELY, LICENSING OF COMPUTER
`SOFTWARE,
`INTELLECTUAL PROPERTY, TECHNOLOGY, KNOW-
`HOW, AND PRODUCT IVIERCHANDISING SERVICES; BRINGING
`TOGETHER FOR THE BENEFIT OF OTHERS OF A VARIETY OF
`GOODS; ENABLING CUSTOMERS TO CONVENIENTLY VIEW AND
`PURCHASE THOSE GOODS IN ANY POSSIBLE WAY; RENTING
`SPACE FOR ADVERTISING; BOOKING NEWSPAPER SUBSCRIPTIONS
`FOR OTHERS; BIDING QUOTATION SERVICES; BOOK KEEPING;
`BUSINESS ADVICE AND COMMERCIAL INFORMATION; EXECUTIVE
`SEARCH SERVICES; BUSINESS MANAGEMENT OF HOTELS FOR
`OTHERS AND MANAGEMENT OF PERFORMING ARTISTS; SERVICES
`CONSISTING OF THE COLLECTION AND SYSTEMIZATION OF
`INFORMATION
`ON
`COMPUTER
`DATABASES;
`BUSINESS
`MERCHANDISING PRODUCT DISPLAY SERVICES; PERSONNEL
`RECRUITIVIENT; ORGANIZING EXHIBITIONS FOR BUSINESS AND
`ADVERTISING
`PURPOSES;
`IMPORT-EXPORT
`AGENCIES;
`CONDUCTING PUBLIC OPINION POLLS.
`
`25034/004/785702.l
`
`15
`
`

`
`Attorney Ref. No. 25034.004
`
`TRADEMARK LAW OFFICE 111
`Serial No. 79/018,868
`Mark: MASTIHASHOP VOYAGE
`
`TO THE EAST MEDITERRANEAN
`
`& Design
`
`CONCLUSION
`
`Based on the foregoing amendment and remarks, Applicant believes that
`
`it has
`
`satisfied all of the examining attomey’s requirements. Accordingly, Applicant requests that
`
`Applicant’s application be passed to publication.
`
`Dated: March 26, 2007
`
`New York, New York
`
`COWAN, LIEBOWITZ & LATMAN, P.C.
`Attorneys for Applicant
`
`By: Aflzmi
`
`Jeffrey H. Epstein
`Suj ata Chaudhri
`Antonio Borrelli
`
`1133 Avenue of the Americas
`
`New York, New York 10036-6799
`
`(212) 790-9200
`
`Cc: Trademark Trial and Appeal Board
`
`25034/004/785702.]
`
`

`
`

`
`Attorney Ref. No. 25034.004
`
`DRAWING PAGE
`
`Mark: MASTIHASHOP VOYAGE TO
`
`THE EAST MEDITERRANEAN & Design
`Serial No.: 79/018868
`
`Filing Date: January 23, 2005
`
`APPLICANT:
`
`The Chios Mastiha Growers Association
`
`ADDRESS:
`
`PRIORITY FILING:
`
`a Cooperative with Limited Liability organized
`under the laws of Greece
`
`K. Monomachou l
`
`GR-82 100 Chios, Greece
`
`International Registration No. 0871269
`Registration Date: January 23, 2005
`
`DESCRIPTION OF MARK:
`
`The mark consists of the word MASTIHASHOP in
`
`lower case letters and a stylized font with the
`letters ‘S’, ‘H’, ‘O’ and ‘P’ printed in green; all
`other letters are printed in black. Under this are
`printed the words VOYAGE TO THE EAST
`MEDITERRANEAN, all in upper case letters and
`printed in black. To the right of this are two
`circles, one within the other, and between the two
`circles is written “Chios Mastiha Growers
`
`Association 1938”, in black and in Greek letters.
`Within the smaller circle are four, maze-like
`squares of equal size also printed in black on a
`white background. To the right of the outer circle
`are the words THE CHIOS on first line; the word
`MASTIHA, on the second line; the word
`GROWERS, on the third line; and the word
`ASSOCIATION, on the fourth line. All are shown
`in upper case letters, in a stylized font and printed
`in black.
`
`mastihashop
`VOYAGE TO THE EAST MEDITERRANEAN
`
`
`
`'
`
`
`
`E El
`l-if
`
`THE CHIOS
`
`ASSOCIATION
`
`25034/004/783747.l
`
`

`
`Attorney Ref. No. 25034.004
`
`GOODS AND SERVICES:
`
`25034/O04/7837472
`
`DRAWING PAGE
`
`Mark: MASTIHASHOP VOYAGE TO
`
`THE EAST MEDITERRANEAN & Design
`Serial N0.: 79/018868
`
`Filing Date: January 23, 2005
`
`BLEACHING PREPARATIONS FOR COSMETIC
`PURPOSES AND FOR HOUSEHOLD USE;
`PREPARATIONS FOR LAUNDRY USE, NAMELY,
`
`FABRIC SOFTENERS, SEAWEED GELATINE;
`GENERAL PURPOSE PREPARATIONS FOR
`
`CLEANING AND POLISHING; ABRASIVE LIQUIDS
`AND POWDERS; SOAPS, NAMELY, LIQUID,
`HAND AND LAUNDRY SOAPS; AFTER-SHAVE
`
`LOTION; SHAVING FOAM; PERFUMERY;
`COSMETICS; HAIR DRESSING PREPARATIONS,
`NAMELY, SHAMPOOS, CONDITIONERS,
`POMADE; PERFUMES, ESSENTIAL OILS AND
`COSMETIC PREPERATIONS WITH OR WITHOUT
`PERFUME, NAMELY, SKIN CREAMS FOR THE
`NECK, NON-MEDICATED ACNE TREATING
`COSMETIC CREAMS, CLEANSING MILK FOR THE
`FACE, FACE SCRUB, BODY SCRUB,
`MOISTURIZING BODY MILK, CREAM FOR THE
`FEET; BATH SALTS; NON-MEDICATED BATH
`PREPARATIONS; BEAUTY MASKS; CREAMS AND
`PREPARATIONS FOR BODY AND FACE CARE,
`SKIN HYDRATION CREAMS, CREAMS WITH
`PERFUME FOR BODY AND FACE, EYE CREAMS;
`CREAMS, LOTION AND CLEANING LOTION FOR
`THE BODY, FACE, SKIN AND HANDS; BREATH
`FRESHENERS; ESSENTIAL OIL, NAMELY,
`MASTIC OIL FOR COSMETIC USE AND FOR
`CLEANING; MOUTH WASHES, NOT FOR
`MEDICAL PURPOSES; TOOTHPASTES; TEETH
`AND MOUTH CLEANING AND WASHING
`PREPARATIONS, NOT FOR MEDICAL PURPOSES
`in International Class 3
`
`PHARMACEUTICAL PREPARATIONS, NAMELY,
`ULCER-TREATING PREPARATIONS, ANTI-
`INFLAMMATORY PREPARATIONS, ANTI-
`OXIDANT PREPARATIONS; VETERINARY
`PREPARATIONS, NAMELY, ULCER-TREATING
`PREPARATIONS, ANTI—INFLAMMATORY
`PREPARATIONS, ANTI—OXIDANT
`PREPARATIONS; SANITARY PREPARATIONS
`FOR MEDICAL USE; THERAPEUTIC
`PREPARATIONS, NAMELY, ORAL-CAVITY CARE
`PREPARATIONS, PREPARATIONS FOR THE
`TREATMENT OF THE GASTRO-INTESTIAL
`SYSTEMS, PREPARATIONS FOR THE
`
`

`
`Attorney Ref. No. 25034004
`
`25034/004/7837472
`
`DRAWING PAGE
`
`Mark: MASTIHASHOP VOYAGE TO
`
`THE EAST MEDITERRANEAN & Design
`Serial No.: 79/018868
`
`Filing Date: January 23, 2005
`
`TREATMENT OF THE SKIN AND WOUNDS;
`DIETARY SUPPLEMENTS ADAPTED FOR
`MEDICAL USE FOR CHILDREN AND THE SICK;
`
`MEDICAL PLASTERS; BANDAGING MATERIAL,
`NAMELY, COMPRESSION, SURGICAL AND
`ELASTIC BANDAGES; MASTIC OIL AND MASTIC
`FOR MEDICAL USE; CHEWING GUM FOR
`MEDICAL PURPOSES; SEALING MATERIAL FOR
`TEETH AND TEETH IMPRINTS; DISINFECTANT
`PREPARAT

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