Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA482547
`ESTTA Tracking number:
`07/10/2012
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`85284093
`Zico Beverage LLC
`NATURALLY POWERED
`BBRUCE A MCDONALD
`BUCHANAN INGERSOLL & ROONEY PC
`1737 KING STREET, SUITE 500
`ALEXANDRIA, VA 22314
`UNITED STATES
`bruce.mcdonald@bipc.com, michelle.jackson@bipc.com,
`docketing@mwzb.com
`Applicants Request for Remand and Amendment
`Request for Remand.pdf ( 5 pages )(23074 bytes )
`Exhibit A.pdf ( 17 pages )(88477 bytes )
`Exhibit B.pdf ( 157 pages )(4318924 bytes )
`Exhibit C.pdf ( 37 pages )(859304 bytes )
`Exhibit D.pdf ( 8 pages )(211686 bytes )
`Bruce A. McDonald
`bruce.mcdonald@bipc.com
`/Bruce A. McDonald/
`07/10/2012
`
`Proceeding
`Applicant
`Applied for Mark
`Correspondence
`Address
`
`Submission
`Attachments
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`Filer's Name
`Filer's e-mail
`Signature
`Date
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`

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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`
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`REQUEST TO REMAND FOR ADDITIONAL EVIDENCE
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`Pursuant to Section 1207.02 of the Trademark Trial and Appeal Board Manual of
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`Procedure (TBMP), and 37 C.F.R. § 2.142(d), Applicant requests that the Board suspend this
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`appeal and remand the case to the examining attorney for consideration of Exhibits A – D
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`submitted herewith.
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`I.
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`Grounds for Request
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`The issue is whether the examining attorney has in requiring Applicant to disclaim the
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`word “NATURALLY” as a condition to registration of “NATURALLY POWERED” in
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`connection with coconut water in International Class 32. The purpose of this request is to
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`supplement the record with 134 third-party registrations for trademarks and service marks
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`containing the word “NATURALLY,” not previously cited by Applicant, that have been issued
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`by the U.S. Patent and Trademark Office for food and beverage products with no requirement for
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`disclaimer of the word “NATURALLY.”
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`As grounds for this request Applicant submits that the examining attorney, in a final
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`action dated January 17, 2012, erroneously misled Applicant to believe that the disclaimer
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`requirement could be overcome by the submission of USPTO records for twenty (20) third-party
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`Law Office 114
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`Shaila E. Lewis
`Examining Attorney
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`In re Application of
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`Zico Beverages LLC
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`Filed: April 1, 2011
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`Serial No.: 85/284,093
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`Mark: NATURALLY POWERED
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`Attorney Docket No.: 0073873-024
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`

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`Serial No. 85/284,093
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`registrations and applications previously cited by Applicant under representation by prior
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`counsel. Applicant, represented by new counsel, filed a motion for reconsideration on April 16,
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`2012. However, in reliance on the examining attorney’s statements in the office action dated
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`January 17, 2012, Applicant’s motion for reconsideration was accompanied only by records for
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`the twenty previously cited applications and registrations, whereas in reality the number of
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`relevant registrations (not including applications) is at least 150, as illustrated in the chart
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`appended hereto as Exhibit A and documented in the PTO records submitted collectively as
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`Exhibit B.
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`II.
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`The January 17, 2012, Office Action
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`In the January 17, 2012, office action, the examining attorney stated:
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`Applicant argues that several registrations have been allowed that contain the
`word “NATURALLY” with no disclaimer, and in support of this argument, applicant has
`provides a list of registrations. The mere submission of a list of registrations or a copy of
`a private company search report does not make such registrations part of the record. In re
`Promo Ink, 78 USPQ2d 1301, 1304 (TTAB 2006); TBMP §1208.02; TMEP §710.03.
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`To make third-party registrations part of the record, an applicant must submit
`copies of the actual registrations or printouts of the registrations from the USPTO’s
`database. In re Ruffin Gaming LLC, 66 USPQ2d 1924, 1925 n.3 (TTAB 2002); In re
`Carolina Apparel, 48 USPQ2d 1542, 1543 n.2 (TTAB 1998); TBMP §1208.02; TMEP
`§710.03.
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`Applicant interpreted the language quoted above as a requirement for submission of
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`“copies of the actual registrations or printouts of the registrations from the USPTO’s database.”
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`In reliance on that representation, Applicant considered it reasonable and acceptable to comply
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`with the examining attorney’s directive and otherwise to refrain from the comprehensive
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`compilation and submission of the additional third-party registrations illustrated in the exhibits
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`hereto.
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`Serial No. 85/284,093
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`II.
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`Argument
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`Section 1207.02 of the TBMP states:
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`If an applicant or examining attorney wishes to introduce additional evidence
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`after an appeal has been filed, the applicant or examining attorney may file a written
`request with the Board to suspend the appeal and remand the application for further
`examination. . . . [T]he request must include a showing of good cause therefor (which
`may take the form of a satisfactory explanation as to why the evidence was not filed prior
`to appeal), and be accompanied by the additional evidence sought to be introduced.
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`TBMP § 1207.02.
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`Examples of circumstances that have been found to constitute good cause for a remand
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`for additional evidence include a change of counsel. See TBMP § 1207.02(1), id. In the present
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`case, undersigned counsel assumed responsibility for this application in March 2012, prior to
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`submission of the motion for reconsideration on April 16, 2012. However, if Applicant had been
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`represented by undersigned counsel at the time of the December 2011 office action response, the
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`issue would not have arisen. because that office action response would have been accompanied
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`by the twenty (20) third-party registrations and applications cited in the response.
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`The issue is whether it was reasonable for Applicant to interpret the statement of the
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`examining attorney in the office action dated January 17, 2012, regarding the absence of USPTO
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`records for the cited registrations and applications, to conclude that the submission of such
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`records would overcome the disclaimer requirement. The Board has held that an applicant’s
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`reasonable reliance on an examining attorney’s statements may constitute grounds for reversal of
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`a refusal to register. See In re Donnay International, 31 USPQ2d 1953, n. 5 (TTAB
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`1994)(reversing refusal to register where examining attorney rejected consent agreement after
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`leading applicant to believe that such agreement would overcome the refusal). It follows that
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`such reliance must also constitute good cause to suspend this appeal and to remand the case for
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`an opportunity to consider the additional evidence submitted with this request.
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`Serial No. 85/284,093
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`The disclaimer issue is of vital importance to Applicant because of the intense
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`competition and proliferation of new brands in the market for coconut water and coconut-related
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`beverages. The dynamics of this burgeoning industry are reflected in the list appended hereto as
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`Exhibit C, compiled from TESS records, illustrating more than a thousand applications and
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`registrations for marks involving coconut related products in International Class 32, of which the
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`substantial majority were filed in the relatively recent past. See, e.g., NATURALLY
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`UNTOUCHED, U.S. Application Serial No. 85514009, filed January 11, 2012, for “coconut
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`water” in International Class 32 (no disclaimer requirement to date)(PTO records of application
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`appended hereto as Exhibit D). Adherence to the disclaimer requirement could have a
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`prejudicial impact on Applicant’s ability to defend its mark in this environment. As such the
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`discriminatory imposition of this requirement on Applicant would be erroneous and should be
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`withdrawn.
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`IV. Conclusion
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`The final action dated January 17, 2012, leaves the clear impression that submission of
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`PTO records for the twenty (20) third-party registrations and applications cited by Applicant’s
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`prior counsel would overcome the disclaimer requirement. Accordingly it was reasonable for
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`Applicant to submit those records with its motion for reconsideration dated April 16, 2012, and
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`otherwise to refrain from the comprehensive compilation and submission of third-party
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`registrations illustrated in the exhibits hereto. Applicant’s reasonable reliance on the examining
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`4
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`

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`attorney’s directive constitutes good cause to suspend this appeal and to remand the case for
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`consideration of the additional evidence submitted herewith.
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`Serial No. 85/284,093
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`Respectfully submitted,
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`ZICO BEVERAGES LLC
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`By:
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`_________________________________________
`Bruce A. McDonald
`BUCHANAN INGERSOLL & ROONEY PC
`1737 King Street, Suite 500
`Alexandria, VA 22314
`tel.:
`(703) 838-6620
`fax:
`(703) 836-2021
`email: bruce.mcdonald@bipc.com
`
`July 10, 2012
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`EXHIBIT A
`
`U.S. Trademark Registrations Containing
`“NATURALLY” With No Disclaimer Requirement
`
`
`
`
`Reg. No. Mark
`4099195 NATURALLY
`DELICIOUS
`EXCEPTIONALLY
`EASY
`
`=
`
`Submitted With 4/16/2012 Motion For Reconsideration
`
`Goods/Services
`Poultry; sausages, frozen entrees consisting primarily of poultry; prepared
`entrees consisting primarily of meat or poultry
`
`4138993 NATURALLY 4 U!
`
`Pizza
`
`4125483 NATURALLY
`NAKED PET
`PRODUCTS
`
`4114992 NATURALLY
`GOOD
`
`Pet food
`
`Veggie crisps
`
`4141560 RUSH NATURALLY
`ENLIGHTENED
`
`Frozen, prepared and packaged fruit-based blended meals; fruit-based food
`beverage
`
`4124781 GRAPICO A
`SOUTHERN
`TRADITION ES.
`1914 NATURALLY
`GOOD & DESIGN
`
`4090831 NATURALLY
`COMPLETE &
`Design
`
`4070142 KURIJ,
`NATURALLY
`REFRESHING &
`Design
`
`4151274 REGAL CRES
`FARMS WHERE
`FRESHNESS
`COMES
`NATURALLY
`
`Soft drinks, fruit flavored drinks, and syrups for making same
`
`Beauty creams for body care; beauty lotions
`Vitamin and mineral supplements
`Food additives, namely, natural food extracts derived from fish, fish oil, fish
`protein, algae, seaweed, fish or shark cartilage, or seashells not for medicinal
`purposes and for human consumption; non-medicated ingredients or additives f
`use as ingredients in nutritional supplements, namely, extracts of fruit or
`vegetables and essences of fruit or vegetables and juices of fruit and vegetables;
`textured whey protein
`
`Non-alcoholic beverages, namely, carbonated beverages
`
`Meat, namely, poultry
`
`4047068 HEALTH
`NATURALLY
`
`Tea
`
`4047086 DRINK? …
`NATURALLY
`
`Alcoholic beverage made primarily with vodka and coconut juice
`
`

`
`Reg. No. Mark
`4012599 NATURALLY
`
`Goods/Services
`Aromatic potpourris; incense; potpourri; scented oils; scented room sprays
`Dried flowers
`
`4043400 NATURALLY
`
`Frozen confections
`
`3998165 FUN NATURALLY
`
`Cookie dough; cookies
`
`3960674 NZ HEALTH
`NATURALLY
`BRINGING OUT
`THE BEST OF
`NATURE & Design
`
`4106520 NATURALLY
`NORTHWEST
`
`4046813 NATURALLY
`DELICIOUS MIX
`
`4008762 CREATIVE
`SNACKS CO.
`NATURALLY
`DELICIOUS &
`DESIGN
`
`4050620 NATURALLY
`DESIGNED
`SUPERCANDY
`
`3966045 MADE SAFER …
`NATURALLY
`
`3907943 NATURALLY
`DELIGHTFUL
`
`Pharmaceutical preparations for the prevention and treatment of disorders of the
`nervous system, the immune system, the cardio-vascular system, the metabolic
`system, the respiratory system, the musculo-skeletal system, the genitourinary
`system and for use in ophthalmology; sanitary preparations for medical use;
`dietetic substances in the nature of food adapted for medical use; food for
`babies; dressings for wounds; material for stopping teeth; dental wax; all purpose
`disinfectants; vitamins; health supplements, namely, health food supplements
`and herbal supplements; honey beverages with medicinal qualities, namely,
`nutritionally fortified honey beverages
`
`Soy based food beverages used as a milk substitute
`
`Potato-based snack foods
`Corn-based snack foods; pretzels
`
`Nut-based snack foods; vegetable-based snack foods; preserved, dried and
`cooked vegetables; fruit-based snack foods; dried fruits; snack mixes consisting
`primarily of processed nuts, dried fruits and also including chocolate; snack
`mixes consisting primarily of processed nuts and dried fruits; snack mix
`consisting primarily of processed fruits, processed nuts and/or raisins and also
`including chocolate; dried fruit-based snacks and also including chocolate
`Granola snacks; snack mix consisting primarily of pretzels; chocolate-covered
`pretzels; yogurt-covered pretzels; chocolate-covered dried fruits; yogurt-covered
`dried fruits; chocolate-covered nuts
`
`Candy; chewing gum
`
`Pasteurized in shell eggs
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`Light beverages, namely, soft drinks, fruit juice drinks
`
` 2
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`

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`Reg. No. Mark
`3897446 NATURALLY
`PREPARED
`
`4165084 SIMPLE
`NATURALLY
`DELICIOUS &
`Design
`
`Goods/Services
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`Calcium supplements; dietary and nutritional supplements; dietary drink mix for
`use as a meal replacement; dietary fiber as an additive for food products; dietary
`food supplements; dietary supplemental drinks; dietary supplemental drinks in
`the nature of vitamin and mineral beverages; dietary supplements; dietary
`supplements for human consumption; electrolytes; food supplements; health
`food supplements; liquid nutritional supplement; meal replacement and dietary
`supplement drink mixes; meal replacement drinks; meal replacement powders;
`meal replacement shakes; meal replacement snacks; mineral nutritional
`supplements; nutritional drink mix for use as a meal replacement; nutritional
`shakes for use as a meal substitute; nutritional supplement in the nature of a
`nutrient-dense, protein-based drink mix; nutritional supplements; nutritionally
`fortified beverages
`
`Beef; canned fruits; canned fruits and vegetables; canned or bottled fruits;
`canned or bottled vegetables; canned tomatoes; canned vegetables; dehydrated
`fruit snacks; dried fruits; frozen fruits; frozen vegetables; instant potatoes; potato
`chips; potato-based snack foods; poultry; snack mix consisting of dehydrated
`fruit and processed nuts; snack mix consisting of primarily of processed nuts and
`salted squash seeds and also including toasted corn; snack mix consisting of
`wasabi peas, processed nuts, dehydrated fruit and/or raisins; snack mix
`consisting primarily of dehydrated fruits, processed nuts and also including
`sesame sticks; snack mix consisting primarily of processed fruits, processed nuts
`and/or raisins; soups; yogurt; yogurt drinks; chocolate milk; condensed milk;
`evaporated milk; goat milk; milk; powdered milk; rice milk for use as a milk
`substitute; protein based, nutrient-dense snack bars; dehydrated fruit based fruit
`bars; soy-based food beverage used as a milk substitute; prepared entrees
`consisting primarily of meat, poultry or vegetables; prepared meals consisting
`primarily of meat, poultry or vegetables; frozen pre-packaged entrees consisting
`primarily of chicken, beef, pork, or seafood; meat extenders consisting primarily
`of vegetables, grains or soy; cheeses; and yogurt-based beverages
`Beverages made of tea; ketchup; macaroni and cheese; mustard; pasta; pasta
`sauce; pizza; popcorn; pretzels; ready-to-eat cereals; relish; salad dressings;
`tomato sauce; baking powder; barbecue sauce; beverages made of coffee;
`bread and buns; bread and pastry; bread crumbs; brown sugar; bruschetta-
`topped bread; caffeine-free coffee; celery salt; cereal-based snack foods; chili
`sauce; chocolate sauce; cocoa; prepared cocoa and cocoa based beverages,
`cocoa powder; cocoa based beverages; coffee; coffee based beverages; coffee
`beans; coffee pods; crystal sugar; enriched rice; flavored ices; frozen
`confections; frozen confections, namely, freezer pops; frozen yogurt confections;
`garlic bread; granulated sugar; ground coffee beans; honey and treacle; ice
`cream; ice cream drinks; ice creams; ice-cream cakes; instant coffee; Italian ice;
`maple syrup; mineral salt for human consumption; natural brown sugar; onion
`salt; pancake syrup; pastries; pita bread; powdered sugar; puffed rice; rice; rice
`cakes; rice pudding; rice-based snack foods; roasted coffee beans; rolls; salad
`sauces; salt; sauce mixes; soy sauce; steak sauce; stuffing mixes containing
`bread; sugar; sugar substitutes; sugar wafers; table salt; table syrup; tapioca;
`tartar sauce; toaster pastries; vinegar; white sugar; wholemeal bread; wholemeal
`rice; wine vinegar; Worcestershire sauce; yeast; and oatmeal, regular and
`instant; salad dressings containing yogurt; frozen pre-packaged entrees
`consisting primarily of pasta or rice; granola-based snack bars; granola-based
`snacks; candy, namely, sugar reduced and sugar free candies; gummy candies;
`cereal based energy bars
`Fresh culinary herbs; fresh fruit and vegetables; unprocessed cereal seeds;
`unprocessed edible seeds
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` 3
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`

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`Reg. No. Mark
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`3554319 SWITZERLAND.
`NATURALLY. &
`Design
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`3757661 LIVE BETTER AND
`LIVE LONGER …
`NATURALLY
`
`Goods/Services
`Energy drinks; fruit drinks; fruit juices; aerated mineral waters; aerated water;
`bottled drinking water; drinking water with vitamins; mineral water; non-alcoholic
`beer; soda water; sparkling water; spring water; still water; syrups for making
`beverages; drinking water with added fiber
`
`Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits
`and vegetables; jellies, jams, compotes; eggs, milk products excluding ice
`cream, ice milk and frozen yogurt; edible oils and fats; all the aforementioned
`goods from Switzerland
`Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flours and
`preparations made from cereals, namely, cereal-based snack foods, processed
`cereals, breakfast cereals, granolas, mueslis, ready-to-eat cereal-derived food
`bar bread, pastry and confectionery, namely pastilles, candy, non-medicated
`flavored drops, toffees, fruit jellies, chocolate bars, and biscuits; ices; honey,
`treacle syrup; yeast, baking-powder; salt, mustard; vinegar, sauces; spices, ice
`for refreshment; all the aforementioned goods from Switzerland
`Seeds for agricultural and horticultural purposes; agricultural grains for planting;
`live animals; fresh fruits and vegetables; natural plant seeds, plants and flowers;
`animal foodstuffs; all the aforementioned goods from Switzerland
`Beers, mineral and aerated waters and non-alcoholic beverages containing fruit
`juices; fruit drinks and fruit juices; syrups and preparations for making
`beverages, namely, fruit drinks; all the aforementioned goods from Switzerland
`Alcoholic beverages except beers; all the aforementioned goods from
`Switzerland
`Advertising and public relations in Switzerland and abroad for the benefit of
`Swiss agriculture, Swiss agricultural products and Swiss farm tourism
`Education services, namely, providing classes, seminars and workshops in the
`field of Swiss agriculture; organizing community cultural events relating to Swiss
`agriculture
`
`Microorganisms, namely, bacteria for use in food manufacturing; yeasts and
`yeast extracts for medical, veterinary or pharmaceutical use; ferments for
`medical or veterinary purpose; components of microorganisms, namely, proteins
`and enzymes for scientific and industrial purposes for testing food products for
`laboratory or research use and for testing substrates in the food industries;
`microorganism cultures, namely, lactic bacteria or yeast having probiotic action
`on the organisms of humans and farm animals, for use in food industries and not
`for medical or veterinary use; bacterial cultures having probiotic action on the
`organisms of humans and farm animals, for use in food industries and not for
`medical or veterinary use (int. Cl. 5) bacterial cultures having probiotic action on
`the organisms of humans and farms animals, for medical and veterinary use and
`for use in the production and conservation of food and drinks; microorganism
`cultures, in particular lactic bacteria or yeast having probiotic action on the
`organisms of humans and farm animals, for medical or veterinary use for
`treatment of intestinal bacteria and for intestinal disorders; pharmaceutical
`products for treating or eliminating bacteria, fungi and viruses on the skin and in
`the mucous membranes; enteric composition comprising cultures of
`microorganisms having probiotic action for medical and veterinary use for
`treatment of intestinal bacteria and for intestinal disorders (int. Cl. 29) fermented
`products, namely, yogurts, drinking yogurts, yogurt-based beverages, lactic acid
`bacteria drinks and fermented milks; fermented dairy products, namely, cheese,
`cheese foods, mozzarella, Roquefort cheeses; food additives, namely proteins
`and enzymes for use as food additives not for medical use (int. cl. 31) animal
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`Reg. No. Mark
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`Goods/Services
`feed and animal foodstuffs and animal feed additives, not for medical purposes
`
`Dietetic substances adapted for medical use, namely vitamin supplements and
`herbal supplements; food for babies; medical plasters, dental wax; all purpose
`disinfectants; preparations for destroying vermin
`Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits
`and vegetables; jellies, jams, compotes; eggs, milk and dairy products, excluding
`ice cream, ice milk and frozen yogurt; whey protein concentrate; whey snack
`bars; edible oils and fats
`Coffee, tea, namely herbal teas, cocoa, sugar, rice, tapioca, sago, artificial
`coffee; flour and snack bars made from cereals; cereal-based snack foods,
`bread, pastry and candy, flavored ices; honey, treacle; yeast, baking-powder;
`salt, mustard; vinegar, sauces; spices, namely natural herbs and spices; ice
`Live animals; fresh fruits and vegetables; seeds, namely sesame seeds and
`other seed products; dried natural plants and flowers; foodstuffs for animals,
`malt-based cereal; malt syrup for beverages
`Educational services, namely providing classes and seminars in the field of
`health, nutrition, and environmental awareness
`Medical services; veterinary services
`
`Fertilizers; fertilizers for agricultural use; fertilizers for domestic use; mixed
`fertilizers; natural fertilizers; chemical preparation for melting snow and ice
`Herbicides, insecticides, pesticides and fungicides for home, garden and lawn
`use and for professional use; animal repellents; bird repellents; granular repellent
`for burrowing pests; insect repellent
`Bird seed and grass seed; ground coverings, namely, mulch made of bark, wood
`or stones
`Mineral and aerated waters; non-alcoholic beverages, namely, soda pop, fruit
`juice, energy drinks; non-alcoholic fruit juice beverages and fruit juices, syrups
`for making beverages; other preparations for making beverages, namely,
`preparations for making energy drinks, scented water for making beverages,
`preparations for making fruit drinks; non-alcoholic aperitifs and cocktails; non-
`alcoholic fruit nectars and fruit juices; non-alcoholic energy drinks; isotonic
`beverages; lemonades; non-alcoholic mixed drinks, namely, punch, non-
`carbonated frozen flavored beverages, non-alcoholic beverages containing fruit
`juices, non-alcoholic beverages containing energy drinks
`Spring water, mineral water, flavored drinking water
`
`Packaged fresh fruits and vegetables
`
`Vitamin supplements, powdered mixes for nutritional supplements, mineral
`supplements, dietary supplements for nutrition
`Breakfast cereals, cereal based snack foods
`Entertainment services, namely, a continuing television show in the field of
`sports broadcast over radio, satellite, and cable media, and via webcasting
`services; entertainment services, namely, providing a radio program in the field
`of sports via a global communications network
`
` 5
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`
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`2965359 …WELL,
`NATURALLY.
`
`3788829 NATURALLY
`INSPIRED
`
`3583495 FLY NATURALLY
`HIGHER
`
`3428827 SHAPE YOURSELF
`NATURALLY
`
`3438390 EXTENDS
`FRESHNESS
`NATURALLY
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`3550293 NA NATURALLY
`ATHLETIC WIN NO
`EXCUSES &
`Design
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`

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`Reg. No. Mark
`3332742 NATURALLY DUCK
`& Design
`
`Goods/Services
`Poultry, namely, duckling and duck; duckling and duck products, namely,
`duckling and duck meat
`
`3656508 TRUE TASTE
`COMES
`NATURALLY
`
`3648913 NATURALLY
`GOOD
`
`3413180 NATURALLY
`PROOFED
`
`3145487 GOODNESS
`GROWN
`NATURALLY
`
`3345582 NATURALLY
`AMISH FOODS
`
`3326643 NATURALLY
`ABUNDANT
`
`3200546 REAL BERRY
`TASTE,
`NATURALLY
`
`3419864 NATURALLY
`BALANCED.
`NATURALLY
`PURE.
`
`3846616 NATURALLY
`NORTHWEST
`
`3100169 ENJOY CLEAR
`WATER
`NATURALLY
`
`3017904 MORE NUTRITION,
`NATURALLY
`DELICIOUS &
`Design
`
`3262012 NATURALLY
`PREFERRED
`
`Alcoholic beverages, namely, distilled spirits
`
`Frozen fruits
`
`Frozen unbaked breads and rolls
`
`Fresh peppers, fresh tomatoes, fresh vegetables
`
`Jams; jellies; peanut butter
`Barbecue sauce; popcorn; relish; salsa; spaghetti sauce
`Seafood
`
`Flavored brewed malt-based alcoholic beverages in the nature of a beer
`Alcoholic flavored malt coolers
`
`Bottled drinking water
`
`Soup; broths; chowders; meat, poultry, vegetable, and fish-based stocks
`
`Bales and bags of multiple sizes of barley straw for use as a water clarifier in
`ponds and as fish food
`
`Pasta and pasta sauces
`
`Applesauce, vegetable oil-based cooking spray
`Snack mixes consisting primarily of organic granola, wild oats, yogurt-covered
`candy, dried fruit and processed whole grains; whole grain snacks, namely,
`ready to eat, cereal derived food bars; yogurt candy snacks, namely, yogurt-
`covered candy; salad dressing, mustard
`
` 6
`
`
`
`
`
`

`
`Reg. No. Mark
`3274189 AS GOOD AS IT
`GETS …
`NATURALLY
`
`2946210 NATURALLY
`MORE
`
`Goods/Services
`Prepared foods, namely, meals, entrees and side dishes consisting primarily of
`meats, poultry, seafood, pastas, garden salads, vegetables and grains
`Prepared foods, namely, meals, entrees and side dishes consisting primarily of
`pastas, macaroni and/or rice salads and unprocessed grains; wrapped
`sandwiches
`Food preparation
`Enhanced peanut butter
`
`3159938 NO FAT CARBS
`NATURALLY!
`
`Frozen shrimp
`
`3151662 STARTNATURALL
`Y
`
`Water treatment products, namely, sphagnum moss which naturally conditions
`water for use in pools, hot tubs and spas
`
`3101594
`
`IT JUST TASTES
`BETTER.
`NATURALLY.
`
`3083489 RAISED
`NATURALLY FOR
`A GOODNESS YOU
`CAN TASTE
`
`3086154 GREAT TASTING,
`NATURALLY
`
`Non-metal containers for transporting milk
`Milk, egg nog, dairy products excluding ice cream, ice milk and frozen yogurt
`Fruit juices in general and drinking water
`[Retail grocery store, convenience store, and supermarket services;]
`computerized on-line ordering services featuring grocery products
`Home delivery services of goods, including milk, fruit juice, water, coffee, half
`and half milk and cream mixture, whipping cream, sour cream, cottage cheese,
`butter, vanilla, cream, eggs, egg nog, bread, cheese, nuts, cookie dough and
`dairy products
`Fresh, processed, cooked and frozen poultry, beef, pork, lamb and seafood;
`poultry, beef, pork, lamb and seafood products, namely prepackaged cooked
`and uncooked meals
`Retail kiosk services, namely a section within a retail supermarket or store which
`features fresh, processed, cooked and frozen poultry, beef, pork, lamb and
`seafood and poultry, beef, pork, lamb and seafood products, namely
`prepackaged cooked and uncooked meals, sauces, marinades, meat
`tenderizers, seasonings for use in the preparation of meat, condiments, namely
`ketchup, mustard, relish, flavored mayonnaise, spice blends, spice rubs and
`salsas
`Fruit-based snack foods
`
`2957915
`
`“IT’S NATURALLY
`GOOD” BURT’S
`BEEF & Design
`
`Beef
`
`2931494 NATURALLY
`PREFERRED
`
`Soup broths, meat alternative grain-based and soy-based burgers, [frozen
`processed vegetables, frozen fruits]
`Baked or fried tortilla chips, ketchup, pasta, sauces
`[Fresh fruits]
`[Fruit juices, organic and non-organic fruit juices]
`
` 7
`
`
`
`
`
`

`
`Reg. No. Mark
`3939854 TREAT ME
`NATURALLY
`
`Goods/Services
`Pet treats
`
`3918842 THINK GREEN
`NATURALLY
`
`Grass seed
`
`3879037 NATURALLY
`GOURMET
`
`Ready-made sauces
`
`4040168 NATURALLY SLIM
`
`4009976 MIGHTY MUSTARD
`PROTECT YOUR
`CROPS. IMPROVE
`YOUR SOIL.
`NATURALLY. &
`Design
`
`3935264 OPTIMIZING
`GENETIC
`POTENTIAL,
`NATURALLY
`
`3888638 ENRICHING LIFE
`NATURALLY
`
`3894979 GROWING WHAT
`COMES
`NATURALLY
`
`Packaged processed nuts
`Popcorn
`Bottled spring water
`Providing online facilities for interaction and electronic transmission of messages
`among computer users in the field of nutrition and weight management; online
`video and audio broadcasting in the field of nutrition and weight management
`Agricultural seeds used as cover crops
`
`Poultry, namely, duckling and duck
`
`Medicated additives for fish feed
`
`Fresh hydroponic vegetables
`
`3722287 NUTRITIOU AT ITS
`BEST,
`NATURALLY
`
`Pet food
`
`3747953 HONEST
`INGREDIENTS.
`NATURALLY
`ENERGIZING.
`
`Bakery products; cereal-based snack foods; grain-based food bars also
`containing seeds, honey, coconut, chocolate, nuts, soy, espresso powder;
`granola; granola snacks; granola-based snack bars; ready to eat, cereal derived
`food bars
`
`Shampoos, lotions for face, body, hands, soaps for household, personal and
`body care, toothpastes, non-medicated mouthwashes and gargles, sun screens
`and suntan lotions, styling gels for hair, laundry detergents, skin care products,
`namely, shower and bath gels, shoe cleaners and polish, shaving soaps, lotions,
`balms and creams, scented body spray, perfumes, aftershaves and colognes,
`personal deodorants, non-medicated skin care preparations, namely, creams,
`lotions, gels, toners, cleaners and peels, lip balm, foot soaks, lotions and
`creams; non-medicated feminine hygiene wash, bath salts, non-medicated
`breath freshening strips, nail polish, massage oils, hairspray, hair care
`preparations, gel eye masks, foot scrubs, facial products, namely, scrubs,
`
` 8
`
`
`
`3789333 NATURALLY
`ATHLETIC WIN NO
`EXCUSES NA
`
`
`
`

`
`Reg. No. Mark
`
`3794447 WHAT CATS LOVE,
`NATURALLY
`
`3676274 HYDRATE
`NATURALLY
`
`3701061 QUALITY
`NATURALLY
`FOODS
`
`3788223 SO GOOD . . .
`NATURALLY
`
`3730586 NATURALLY
`ORGANIC
`
`Goods/Services
`creams and washes, breath mints for use as a breath freshener, breath
`freshening confectionary, namely, dissolvable breath strips, candy and gum;
`body and beauty care cosmetics
`Analgesic balm, antacids, antibiotic hand lotions, gels, hand wash, and tablets,
`medicated mouthwash; antihistamines, anti-inflammatory ointments, anti- itch
`creams, appetite suppressants, athletes foot powders and lotions, aspirin,
`bandages for dressings, baby foods, calamine lotion, bunion pads, contact lens
`solutions, cough expectorants, throat lozenges, and cough syrups, dandruff
`shampoo, decongestants, decongestant nasal sprays, dermatologicals, dietary
`supplements, diet pills, douches, eardrops, electrolytes, energy boosting mouth
`dissolvable films, eye washes, feminine hygiene pads, food supplements,
`hemorrhoidal ointments, headache ointments, hydrocortisone creams, infant
`formula, laxatives, liniments, meal replacement bars, drinks, powders, and
`snacks, medical and surgical dressings, medicated skin care preparations,
`namely, creams, lotions, gels, toners, cleaners and peels; muscle relaxants,
`muscle soaks, nutritional drink mixes for use as a meal replacement, nutritional
`energy bars for use as a meal substitute, nutritionally fortified water and
`nutritionally fortified drinks used for meal replacement; sports cream for relief of
`pain, tampons, therapeutic agents for weight control and appetite suppression,
`throat lozenges, vitamin enriched water
`Milkshakes, puddings; frozen breakfast, lunch, dinner entrees consisting
`primarily of pasta or rice; snacks and desserts, namely, cereal bars snacks,
`namely, ready to eat, cereal derived food bars; muffins, breads, dessert bars,
`namely, brownies, coffee flavored ready to eat dessert bars, rice, sauces,
`namely, salsas and tomato sauces, gravies, salad dressings, seasonings, and
`steak sauce; waffles, frozen bars and ices, namely, fudge bars, frozen
`confections and confectionary ice pops, food beverages with a coffee, cocoa
`base, namely, coffee based beverages containing milk, cocoa based beverages
`containing milk; bubble gum, candy bars, chewing gums, cookies, corn chips,
`crackers, donuts, fruit ice bars, fruit pies, honey buns, hot sauce; ice cream, iced
`teas, instant pancake mix, lollipops, microwave popcorn, oatmeal, pizza, pretzels
`Cat food
`
`Coconut water-based beverages
`
`Mixes for bakery goods; mixes for pancakes, biscuits, cornbread, hot chocolate,
`hot and cold cappuccino drinks, seasoned coatings for frying and baking foods,
`tempura batter