Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA604575
`ESTTA Tracking number:
`05/15/2014
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`85668227
`Pacific Resorts Investments Limited
`GINGER-EZE
`LISEL M FERGUSON
`PROCOPIO CORY HARGREAVES & SAVITCH LLP
`525 B ST , STE 2200
`SAN DIEGO, CA 92101-4474
`UNITED STATES
`docketing@procopio.com,lmf@procopio.com,pamela.lawson@procopio.com
`Reply Brief
`GINGER-EZE Applicant_s_Reply_Brief.pdf(37908 bytes )
`EXHIBIT_A_EZE.pdf(105092 bytes )
`EXHIBIT_B_Third_Party_Registrations.pdf(707603 bytes )
`EXHIBIT_C_google_search_for_ginger_eze.pdf(196910 bytes )
`EXHIB-
`IT_D_ginger_medicine_products_search_results_from_Google.pdf(335744
`bytes )
`Lisel M. Ferguson
`docket-
`ing@procopio.com,lisel.ferguson@procopio.com,heather.cameron@procopio.co
`m,pamela.lawson@procopio.com
`/Lisel M. Ferguson/
`05/15/2014
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`Proceeding
`Applicant
`Applied for Mark
`Correspondence
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`Filer's e-mail
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`Signature
`Date
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`Appeal Brief
`
`
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`
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`Attorney Docket No. 118528-03US08
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`
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`MARK: GINGER-EZE
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`Class: 5
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`In re Trademark Application of:
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`Pacific Resorts Investments Limited
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`Serial No.
`85/668,227
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`Filed: July 3, 2012
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`APPLICANT’S REPLY BRIEF ON EX PARTE APPEAL
`
`
`
`Trademark Trial and Appeal Board
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`
`
`Dear Commissioner:
`
`
`
`Applicant Pacific Resorts Investments Limited ("Applicant") respectfully submits its Reply
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`Brief On Ex Parte Appeal from the refusal by the Trademark Examining Attorney ("Examining
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`Attorney"), to allow Applicant’s application for GINGER-EZE, for goods described in Class 5 for
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`“dietary supplements” (sometimes referred to as “Applicant’s Mark”), to register.
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`I. INTRODUCTION
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`The legislative history of the Lanham Act describes the objectives of the Act to include
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`“making registration more liberal, dispensing with mere technical prohibitions and arbitrary
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`provisions and modernizing the trademark statutes so that they will conform to legitimate present-
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`day business practice.” In re E.I. du Pont Nemours & Co., 476 F.2d 1357, 1360, 177 USPQ 563
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`
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`

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`Reply Brief
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`
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`(C.C.P.A.1973). “The basic goal of the Act, which dealt with a good deal more than registration, was
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`the protection of trademarks, securing to the owner the good will of his business and protecting the
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`public against spurious and falsely marked goods.” Id. Here, as Applicant sets forth below, the
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`purpose of protecting the ownership interests of each trademark owner is served with the registration
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`of Applicant’s Mark.
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`The basis for refusal cited by the Examining Attorney is Section 2 (d) of the Trademark Act.
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`Specifically, the Examining Attorney alleges that Applicant's mark, GINGER-EZE, in Class 5, for:
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`“dietary herbal supplement containing ginger; tablet containing ginger to help with symptoms of
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`motion sickness, nausea, and stomach queasiness; capsule containing ginger to help with symptoms
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`of motion sickness, nausea, and stomach queasiness; dietary supplement containing ginger
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`formulated for sublingual delivery to help with symptoms of motion sickness, nausea, and stomach
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`queasiness” is likely to be confused with the registered mark, GINGEASE, Class 5, for “dietary and
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`nutritional supplements.”
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`Applicant disagrees with the Examining Attorney (“Examiner”) that there will be confusion
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`between these two very different marks and addresses the points made in the Examiner’s Appeal
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`Brief in the order in which they are raised. First, Applicant’s mark and Registrant’s mark are not
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`confusingly similar in appearance, sound, meaning and commercial impression. Second, Applicant’s
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`identification of goods is unique from Registrant’s description of goods. Third, no doubt exists as to
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`the likelihood of consumer confusion. Therefore, upon further review of the evidence and argument
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`in this matter, the USPTO should grant registration to Applicant for Applicant’s Mark.
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`
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`DOCS 118528-03US08/1965911.2
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`2
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`

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`Reply Brief
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`
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`II. ARGUMENT IN REPLY
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`A. “GINGER-EZE” AND “GINGEASE” ARE NOT CONFUSINGLY SIMILAR IN
`APPEARANCE, SOUND, MEANING AND COMMERCIAL IMPRESSION
`
`
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`As the Examiner has highlighted, “[I]n a likelihood of confusion determination, the marks are
`
`compared for similarities in their appearance, sound, meaning or connotation and commercial
`
`impression.” Examiner’s Appeal Brief at p.2, citing In re White Swan Ltd., 8 USPQ2d 1534, 1535
`
`(TTAB 1988). Furthermore, “[M]arks must be compared in their entireties and should not be
`
`dissected.” Id., citing In re Chatam Int’l Inc., 380 F.3d 1340, 1342, 71 USPQ2d 1944, 1946-47
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`(Fed.Cir.2004). As explained below, the individual components of the marks, as well as the marks as
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`a whole, are not similar in appearance and sound, and the two marks create distinctive commercial
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`impressions.
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`1. “GING” IS NOT UNIVERSALLY RECOGNIZED AS AN ABBREVIATION OF
`“GINGER”
`
`
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`As the Examiner has highlighted, “[I]n a likelihood of confusion determination, the marks
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`are compared for similarities in their appearance, sound, meaning or connotation and commercial
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`impression.” Examiner’s Appeal Brief at p.2, citing In re White Swan Ltd., 8 USPQ2d 1534, 1535
`
`(TTAB 1988). “[M]arks must be compared in their entireties and should not be dissected.” Id.,
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`citing In re Chatam Int’l Inc., 380 F.3d 1340, 1342, 71 USPQ2d 1944, 1946-47 (Fed.Cir.2004). By
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`dissecting Applicant’s Mark into its component elements for examination, the Examiner violates the
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`fundamental principle that a mark must be considered in its entirety when evaluating the likelihood
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`of consumer confusion between an applied-for mark and a registered mark. Thus, to suggest, as the
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`Examiner does, that confusion is more likely to result when Applicant’s Mark is dissected, is
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`erronenous, rendering the Examiner’s argument irrelevant.
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`DOCS 118528-03US08/1965911.2
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`3
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`

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`Reply Brief
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`
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`Assuming, arguendo, that consideration of the component elements of Applicant’s Mark is
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`relevant to the likelihood of confusion analysis, the Examiner’s arguments regarding consumer
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`awareness of the meaning of the four letters “g-i-n-g,” are unpersuasive. Although the Examiner
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`claims that consumers readily recognize “Ging” as a short form of the word “Ginger,” the Examiner
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`provides no evidence to support this claim. Indeed, the Examiner cites to the evidence attached to the
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`Examiner’s May 17, 2013 Office Action, indicating that “Ging” may be considered a reference to
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`“Ginger.” However, whether “Ging” may be considered a reference to “Ginger” and whether it is
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`considered a reference to “Ginger” by the consuming public are two very different matters. The only
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`relevant consideration for the likelihood of confusion analysis in this matter is whether the
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`consuming public is likely to confuse Applicant’s Mark with Registrant’s mark. In the absence of
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`some evidence that the consuming public generally recognizes “Ging” as a reference to “Ginger,”
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`the other evidence provided by the Examiner is inapposite, and should not be given any weight in the
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`Board’s likelihood of confusion analysis.
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`2. “EZE” AND “EASE” DO NOT HAVE THE SAME MEANING
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`Contrary to the Examiner’s assertion, the phrase “Eze” and the word “Ease” may be
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`pronounced in a manner in which the two are not phonetic equivalents. “Eze” can be pronounced as
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`“ezz” or “ess.” In addition, the Examiner cites a number of examples to demonstrate that the
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`meaning of the phrase “eze,” is commonly recognized but fails to provide evidence that “ease” has
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`the same or similar meaning. In fact, “eze” has a variety of different meanings, including the more
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`familiar meanings of (1) an Igbo language word of an ethnic group based in West Africa which
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`means “king”; and (2) a commune in the Alpes-Maritimes region in France. Exhibit A.
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`3. WHEN COMPARED IN THEIR ENTIRETIES, CONFUSION AS TO THE
`SOURCE OF “GINGER-EZE” AND “GINGEASE” IS UNLIKELY
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`
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`DOCS 118528-03US08/1965911.2
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`4
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`

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`Reply Brief
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`
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`Due to the unique appearance of “GINGER-EZE” from “GINGEASE” in its entirety,
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`consumers are unlikely to believe that the goods bearing the two marks derive from the same source,
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`or from companies that are affiliated or associated with each other. First, Applicant’s Mark is three
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`syllables, Registrant’s mark is two syllables. Consumers will recognize the difference since
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`Applicant’s Mark contains the entire word “ginger” and Registrant’s mark consists of two phrases
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`put together. Second, Registrant only uses a script, stylized font in commerce. The product bearing
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`Registrant’s mark does not appear in commerce with the mark as-registered. Applicant’s Mark is
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`applied-for as a block font, in all capital letters. Third, Applicant’s Mark is hyphenated two words
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`while Registrant’s mark is one word. Fourth, Applicant’s Mark has a hard R and Z sound while
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`Registrant’s mark does not. For the foregoing reasons, and those already cited by Applicant in its
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`Appeal Brief, the consumer confusion between Applicant’s Mark and Registrant’s mark is unlikely,
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`and Applicant’s Mark should be registered.
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`4. EVIDENCE OF THIRD PARTY REGISTRATIONS EXISTS AND IS
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`PERSUASIVE EVIDENCE
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`The Examiner states that Applicant’s assertion that a number of third party registrations
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`containing “ginger” are registered in International Class 5 is unsupported. The Examiner is incorrect.
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`As Applicant has stated in its Appeal Brief, a search of marks containing “Ginger” results in over
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`263 marks, and when this search is narrowed to those marks registered in International Class 5, ten
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`third party marks are found. Exhibit B. Indeed, the existence of third party registrations may reveal
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`that consumers have developed a heightened level of sophistication regarding the identification of
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`goods bearing a similar or the same mark. The existence of multiple marks containing overlapping
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`elements, co-existing in the marketplace, confirms that consumers readily distinguish the source of
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`the goods bearing these marks from each other. This decreases the likelihood of consumer confusion.
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`DOCS 118528-03US08/1965911.2
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`5
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`

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`Reply Brief
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`Regardless, the existence of third party registrations is merely a consideration, and is not a
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`necessary or dispositive factor in the likelihood of confusion analysis. In re E.I. du Pont de Nemours
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`& Co., 476 F.2d 1357, 177 USPQ 563 (CCPA 1973). Assuming arguendo that the Examiner’s
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`assertion is correct, and that Applicant’s claim that third party registrations exist consisting of the
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`same or similar words or elements as those within the marks currently under consideration is
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`unsupported, this fact is one that carries little weight or bearing on the likelihood of confusion
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`analysis. This fact weighs in favor of granting registration to Applicant’s Mark.
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`B. APPLICANT’S IDENTIFICATION OF GOODS IS UNIQUE
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`1. ON THE FACE OF THE APPLICATION AND REGISTRATION IT IS CLEAR
`THAT NO LIKELIHOOD OF CONFUSION EXISTS
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`
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`Applicant’s Mark is “Ginger-Eze.” Registrant’s mark is “Gingease.” As explained above, and
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`in Applicant’s Appeal Brief, these two marks are distinctive in sight, sound, and meaning, and are
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`different from each other in overall commercial impression.
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`The Examiner avers that extrinsic evidence is not persuasive in this matter. Examiner’s
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`Appeal Brief, p.6. However, extrinsic evidence, and in particular, the appearance of the marks at
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`issue on the goods bearing the marks, is relevant to the Board’s analysis regarding the conditions in
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`which consumers will encounter the marks. Toward this end, the Board will necessarily review
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`marketplace circumstances to ascertain whether consumers will interpret any possible similarities
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`between the marks as emanating from or being associated with the same source. In re Albert Trostel
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`& Sons Co., 29 USPQ2d 1783 (TTAB 1993).
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`Applicant has provided evidence confirming that the overall commercial impression of the
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`two marks in question is distinctive. In fact, the colors, type of product packaging, and marketing
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`materials upon which each mark is placed are entirely different from each other. Applicant’s Appeal
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`DOCS 118528-03US08/1965911.2
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`6
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`

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`Reply Brief
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`Brief, pp.5-6. In addition, the channels of trade in which consumers will encounter the products
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`bearing each of these marks are unique. The only location where the product bearing Registrant’s
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`mark is available for purchase is a website not owned and maintained by Registrant. Applicant’s
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`Appeal Brief, p.6. This website selling the product bearing Registrant’s mark does not appear in a
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`list of results when a search for “ginger eze” is conducted in the popular Google search engine.
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`Exhibit C. The product bearing Applicant’s Mark is available on Applicant’s company website for
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`Wakaya Perfection, as well as other popular websites, including amazon.com, but the product
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`bearing Applicant’s Mark is also available in high-end department stores and retailers of organic
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`products. Applicant’s Appeal Brief, p.6. Clearly, the market circumstances in which consumers will
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`find the products bearing Applicant’s Mark and Registrant’s mark are distinct. Accordingly, this
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`factor weighs against a finding of likely consumer confusion between the two marks.
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`2. THE PRODUCTS BEARING THE MARKS AT ISSUE ARE NOT
`PHARMACEUTICAL OR MEDICINAL PRODUCTS
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`The Examiner has asserted that, due to the fact that no particular class of consumers is
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`described in Applicant’s identification of goods, all consumers are the target demographic of goods
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`bearing Applicant’s Mark. However, the Examiner also asserts that physicians and pharmacists are
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`not immune from confusing the products bearing Applicant’s Mark from products bearing
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`Registrant’s mark. Nowhere in its identification of goods, nor in any portion of the application in
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`which the goods bearing Applicant’s Mark are described, has Applicant claimed that the goods
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`bearing Applicant’s Mark are pharmaceutical or medicinal products.
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`No claim has been made to this mis-characterization made by the Examiner. Rather, the
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`product bearing Applicant’s GINGER-EZE mark is a certified organic product, not a medicinal or
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`pharmaceutical product. Applicant has not sought to obtain the approval of the Federal Drug
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`DOCS 118528-03US08/1965911.2
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`7
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`

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`Reply Brief
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`
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`Administration (“FDA”) to sell the product bearing Applicant’s Mark because the product does not fall
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`under a category of goods requiring FDA approval. Indeed, the results of a Google search for “ginger
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`medicine products” does not include the product bearing Applicant’s Mark. Exhibit D. Applicant’s
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`GINGER-EZE product contains all natural rare pink Fijian ginger seed, which is proprietary and
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`indigenous only to Applicant’s Wakaya Island. GINGER-EZE is sold worldwide and is only purchased
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`by very sophisticated purchasers. See Exhibit A, filed on November 18, 2013. Thus, Applicant’s Mark
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`should not be held to the same standard of review as a mark placed on a pharmaceutical or medicinal
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`product and this factor weighs in favor of granting registration to Applicant’s Mark.
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`C. NO DOUBT EXISTS THEREFORE THE DETERMINATION THAT NO
`LIKELIHOOD OF CONFUSION EXISTS SHOULD BE RESOLVED IN
`APPLICANT’S FAVOR
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`
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`Contrary to the Examiner’s averment that doubt exists regarding the likelihood of confusion
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`between Applicant’s Mark and Registrant’s mark, Applicant has clearly demonstrated that confusion
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`is unlikely. Therefore, the Board should resolve the question of whether a likelihood of confusion
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`exists in Applicant’s favor and grant registration to Applicant’s Mark.
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`III. CONCLUSION
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`For the foregoing reasons, Applicant respectfully requests that the Board reverse the
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`Examining Attorney’s refusals to register Applicant’s mark, GINGER-EZE, grant Applicant’s
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`Appeal and approve the application for registration.
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`Respectfully submitted,
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`
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`Dated: May 15, 2014
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`By: /Lisel M. Ferguson/
` Lisel M. Ferguson
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`DOCS 118528-03US08/1965911.2
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`8
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`

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`Reply Brief
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`
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` Attorney for Applicant
` Pacific Resorts Investments Limited
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`Procopio Cory Hargreaves & Savitch LLP
`525 B Street, Suite 2200
`San Diego, CA 92101
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`Telephone: (619) 515-3207
`Facsimile: (619) 235-0398
`lmf@procopio.com
`
`Docket No.:118528-03US08
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`DOCS 118528-03US08/1965911.2
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`9
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`

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`EXHIBIT A
`EXHIBIT A
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`

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`5/15/2014
`
`EZE - Wikipedia, the free encyclopedia
`
`EZE
`
`From Wikipedia, the free encyclopedia
` (Redirected from EZE (disambiguation))
`
`EZE may refer to:
`
`Eze, an Igbo language word of an ethnic group based in West Africa which means "king"
`Ministro Pistarini International Airport, in Ezeiza, Buenos Aires, Argentina (IATA code EZE)
`Eastern Airways, ICAO code
`Eazy-E, stage name of rapper Eric Lynn Wright
`Èze, a commune in the Alpes-Maritimes department in France
`Eazy E, stage name for Eric Bischoff as during the NWO story-line
`
`Retrieved from "http://en.wikipedia.org/w/index.php?title=EZE&oldid=541332324"
`Categories: Disambiguation pages
`
`This page was last modified on 28 February 2013 at 20:26.
`Text is available under the Creative Commons Attribution-ShareAlike License; additional terms may apply.
`By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a registered trademark
`of the Wikimedia Foundation, Inc., a non-profit organization.
`
`http://en.wikipedia.org/wiki/EZE_(disambiguation)
`
`1/1
`
`

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`
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`EXHIBIT B
`EXHIBIT B
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`

`
`Int. Cl.: 5
`
`Prior U.S. Cls.: 6, 18, 44, 46, 51, and 52
`
`United States Patent and Trademark Office
`
`Reg. No. 3,513,972
`Registered Oct. 7, 2008
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`B-GINGER
`
`BRADFORD TONIC, INC. (FLORIDA CORPORA-
`, TION)
`#279
`1508 BAY ROAD
`MIAMI BEACH, FL 33139
`
`FOR: NUTRITIONALLY FORTIFIED BEVERA-
`GES, IN CLASS 5 (U.S. CLS. 6, 18, 44, 46. 51 AND 52).
`
`FIRST USE 10-15-2006; IN COMMERCE 6-30-2008.
`
`THE MARK CONSISTS OF STANDARD CHAR-
`ACTERS WITHOUT CLAIM TO ANY PARTICULAR
`FONT, STYLE, SIZE, OR COLOR.
`
`SN 77-358,115, FILED 12-21-2007.
`
`MARIA-VICTORIA SUAREZ, EXAMINING ATTOR-
`NEY
`
`

`
`Int. Cl.: 5
`
`Prior U.S. Cls.: 6, 18, 44, 46, 51, and 52
`Reg. No. 1,941,863
`_
`_
`Unlted States Patent and Trademark Offlce Registered Dec.12,1995
`
`TRADEMARK
`SUPPLEMENTAL REGISTER
`
`DAILY GINGER
`
`NEW MOON EXTRACTS,
`CORPORATION)
`P.O. BOX 1947, 99 MAIN STREET
`BRATTLEBORO, VT 053021947
`
`INC.
`
`(VERMONT
`
`1-1-1994;
`
`FIRST USE
`1-1-1994.
`NO CLAIM IS MADE TO THE EXCLUSIVE
`RIGHT TO USE “GINGER”, APART FROM
`THE MARK AS SHOWN.
`
`IN COMMERCE
`
`FOR: DIETARY SUPPLEMENT, NAMELY
`HERBAL TINCTURES AND CAPSULES CON-
`TAINING GINGER, IN CLASS 5 (U.S. CLS. 6, 18,
`44, 46, 51 AND 52).
`
`SER. NO. 74-506,043, FILED P.R. 3-28-1994;
`AM. S.R. 8-9-1995.
`
`KELLEY WELLS, EXAMINING ATTORNEY
`
`

`
` G
`
`Int. Cls.: 5 and 30
`
`Prior U.S. Cls.: 6, 18, 44, 46, 51, and 52
`
`United States Patent and Trademark Office
`
`Reg. No. 1,943,189
`Registered Dec. 19, 1995
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`GINGER A11)
`
`TRADITIONAL MEDICINALS, INC. (CALIFOR-
`NIA CORPORATION)
`4515 ROSS ROAD
`SEBASTOPOL, CA 95472
`
`FOR: NUTRITIONAL SUPPLEMENTS OF
`HERBS AND OTHER NUTRIENTS, IN CLASS 5
`(U.S. CLS. 6, 13, 44, 46, 51 AND 52).
`FIRST USE
`6-5-1994;
`IN COMMERCE
`6-5-1994.
`
`FOR: HERB TEAS FOR FOOD PURPOSES, IN
`CLASS 30 (us. CL. 46).
`FIRST USE
`6-5-1994;
`6-5-1994.
`7
`NO CLAIM IS MADE TO THE EXCLUSIVE
`RIGHT To USE “GINGER”, APART FROM
`THE MARK AS SHOWN.
`
`IN COMMERCE
`
`SN 74-487,401, FILED 2-7-1994.
`
`JULIA A. HARDY, EXAMINING ATTORNEY
`
`

`
`Int. Cl.: 5
`
`Prior U.S. Cls.: 6, 18, 44, 46, 51 and 52
`
`United States Patent and Trademark Office
`
`Reg. No. 3,306,380
`Registered Oct. 9, 2007
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`GINGER FORCE
`
`NEW CHAPTER, INC. (DELAWARE CORPORA-
`TION)
`90 TECHNOLOGY DRIVE
`
`THE MARK CONSISTS OF STANDARD CHAR-
`ACTERS WITHOUT CLAIM TO ANY PARTICULAR
`FONT, STYLE, SIZE, OR COLOR.
`
`BRATTLEBORO, VT 05301
`
`FOR: VITAMINS; NUTRITIONAL AND DIETARY
`SUPPLEMENTS, IN CLASS 5 (U.S. CLS. 6, 18, 44, 46, 51
`AND 52).
`
`NO CLAIM IS MADE TO THE EXCLUSIVE
`RIGHT TO USE "GINGER", APART FROM THE
`MARK AS SHOWN.
`
`SER. NO. 77-121,915, FILED 3-5-2007.
`
`FIRST USE 9-20-2000; IN COMMERCE 9-20-2000.
`
`MICHAEL KEATING, EXAMINING ATTORNEY
`
`

`
`Int. Cl.: 5
`
`Prior U.S. Cls.: 6, 18, 44, 46, 51 and 52
`
`United States Patent and Trademark Office
`
`Reg. No. 2,574,889
`Registered June 4, 2002
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`GINGER KID
`
`NATURE’S ANSWER,
`PORATION)
`75 COMMERCE DRIVE
`HAUPPAGUE, NY 11788
`
`INC. (NEW YORK COR—
`
`FIRST USE 9-3-1996;INCOMMERCE 9-3-1996.
`
`FOR: HERBAL EXTRACTS IN THE NATURE OF
`HERBAL SUPPLEMENTS AND DIETARY SUPPLE-
`MENTS THAT CONTAIN GINGER, IN CLASS 5 (us.
`CLS. 6, 13, 44, 46, 51 AND 52).
`
`SER. N0. 75-613,224, FILED 12-29-1998.
`
`BARNEY CHARLON, EXAMINING ATTORNEY
`
`

`
`Int. Cl.: 5
`
`Prior U.S. Cl.: 18
`
`Reg. No. 1,635,934
`_
`_
`Umted States Patent and Trademark Offlce Registered Feb. 25, 1991
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`GINGER-POWER
`
`NATUR-PHARMA,
`TION)
`1113 NORTH INDUSTRIAL PARK DRIVE
`OREM, UT 84059
`
`INC.
`
`(UTAH CORPORA-
`
`FIRST USE
`8—2I—1989.
`OWNER OF U.S. REG. NO. 1,400,866.
`
`8-21-1989;
`
`IN COMMERCE
`
`FOR: VITAMIN AND DIETARY FOOD SUP-
`PLEMENT, IN CLASS 5 (U.S. CL. 18).
`
`LAURIE WHITAKER, EXAMINING ATTOR-
`NEY
`
`SER. NO. 74—01l,621, FILED 12-18-1989.
`
`

`
`Int. Cl.: 5
`
`Prior U.S. Cls.: 6, 18, 44, 46, 51, and 52
`
`United States Patent and Trademark Office
`
`Reg. No. 2,900,378
`Registered Nov. 2, 2004
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`GINGER RELIEF
`
`NBTY, INC (DELAWARE CORPORATION)
`90 ORVILLE DRIVE
`BOHEMIA,1\'Y 11716
`
`NO CLAIM IS MADE TO THE EXCLUSIVE
`RIGHT To USE "GINGER", APART FROM THE
`MARK AS SHOWN.
`
`FOR: DIETARY AND HERBAL SUPPLEMENTS,
`IN CLASS 5 (U.S. CLS. 6, 18, 44, 46, 51 AND 52).
`
`_ 1
`_
`SN 76 474324’ FILED 12 10 G002"
`
`FIRST USE 2-24-2003; IN COMMERCE 2-24-2003.
`
`BARBARA GAYNOR EXAMINNG ATTORNEY
`
`

`
`5/15/2014
`
`Trademark Electronic Search System (TESS)
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`United States Patent and Trademark Office
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`Typed Drawing
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` ( Use the "Back" button of the Internet Browser to
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`Word Mark
`Goods and
`Services
`
`GOLDEN GINGER
`IC 005. US 006 018 044 046 051 052. G & S: Dietary and Nutritional Supplements. FIRST USE:
`19991000. FIRST USE IN COMMERCE: 19991000
`
`IC 030. US 046. G & S: Herb Tea. FIRST USE: 19991000. FIRST USE IN COMMERCE: 19991000
`
`Mark Drawing
`Code
`Serial Number
`Filing Date
`Current Basis
`Original Filing
`Basis
`Published for
`Opposition
`Registration
`Number
`Registration
`Date
`Owner
`
`Attorney of
`Record
`Disclaimer
`
`(1) TYPED DRAWING
`
`75685475
`May 13, 1999
`1A
`
`1B
`
`January 4, 2000
`
`2404847
`
`November 14, 2000
`
`(REGISTRANT) Traditionals Medicinals, Inc. CORPORATION CALIFORNIA 4515 Ross Road
`Sebastopol CALIFORNIA 95472
`Jeremy Johnson
`
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "GINGER" APART FROM THE MARK
`AS SHOWN
`Type of Mark
`TRADEMARK
`Register
`PRINCIPAL
`http://tmsearch.uspto.gov/bin/gate.exe?f=doc&state=4802:q6az73.3.8
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`1/2
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`5/15/2014
`Affidavit Text
`Renewal
`Live/Dead
`Indicator
`
`
`
`
`Trademark Electronic Search System (TESS)
`SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20100114.
`1ST RENEWAL 20100114
`
`LIVE
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`
`JIPANG Ginger
`
`MAKISELIFEUP LABORATORY CO.. LTD. (JAPAN CORPORATION)
`Reg, No, 4,117,843
`750, MINAMIUEHARA, NAKAGUSUKUSON
`_
`Reglstered Mar. 27, 2012 OKINAWA, JAPAN 901-2424
`
`Int. CL: 5
`
`FOR: DIETARY AND NUTRI"IONAL SUPPLEMENTS CONTAINING LEAVES OF SHELL
`GINGER (ALPINIA ZERUMBEI‘), IN CLASS 5 (U.S. CLS. 6, 18, 44, 46, 51 AND 52).
`
`TRADEIVIARK
`
`FIRST USE 4-1-2011; IN COMMERCE 4-1-2011.
`
`PRINCIPAL REGISTER
`
`THF, MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR-
`TICULAR FONT, STYLE, SIZE, OR COLOR.
`
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "GINGER", APART FROM THE
`MARK AS SHOWN.
`
`SER. NO. 85—363,432, FILED 7-5-2011.
`
`TRACY WI IITTAKER-BROWN, EXAMINING ATTORNEY
`
`Director uflhe Unized States Patent and I‘I'ademu1'l< ()fi'IL'e
`
`

`
`REQUIREMENTS TO MAINTAIN YOUR FEDERAL
`TRADENIARK REGISTRATION
`
`WARNIN G: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO N OT FILE THE
`DOCUNIENTS BELOVV DURING THE SPECIFIED TINIE PERIODS.
`
`Requirements in the First Ten Years*
`What and When to File:
`
`First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the
`5th and 6th years after the registration date. See 15 U.S.C. §§1058, 1141l<.
`If the declaration is
`accepted, the registration will continue in force for the remainder of the ten-year period, calculated
`from the registration date, unless cancelled by an order of the Commissioner for Trademarks or a
`federal court.
`
`Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and em
`Application for Renewal between the 9th and 10th years after the registration date.*
`See 15 U.S.C. §l059.
`
`Requirements in Successive Ten-Year Periods*
`What and When to File:
`
`You must file a Declaration ofUse (or Excusable Nonuse) and an Application for Renewal between
`every 9th and 10th-year period, calculated from the registration date.*
`
`Grace Period Filings*
`
`The above documents will be accepted as timely if filed within six months after the deadlines listed above
`with the payment of an additional fee.
`
`*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with
`an extension of protection to the United States under the Madrid Protocol must timely file the Declarations
`of Use (or Excusable Nonuse) referenced above directly with the USPTO. The time periods for filing are
`based on the U.S. registration date (not the international registration date). The deadlines and grace periods
`for the Declarations of Use (or Exeusable Nonuse) are identical to those for nationally issued registrations.
`See 15 U.S.C. §§1058._ 1141l<. However, owners of international registrations do not file renewal applications
`at the USPTO. Instead, the holder must file a renewal of the underlying international registration at the
`International Bureau of the World Intellectual Propelty Organization, under A lticle 7 of the Madrid Protocol,
`before the expiration of each ten-year term of protection, calculated from the date of the international
`registration. See 15 U.S.C. §1141j. For more information and renewal forms for the international registration,
`see http://www.wipo.int/madrid/ervl
`
`NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
`USPTO website for further information. With the exception of renewal applications for registered
`extensions ofprotection, you can file the registration maintenance documents referenced above online
`at http://www.uspto.gov.
`
`Page: 2 / RN # 4,117,843
`
`

`
`Int. Cl.: 5
`
`Prior U.S. Cls.: 6, 18, 44, 46, 51, and 52
`
`United States Patent and Trademark Office
`
`Reg. No. 2,938,792
`Registered Apr. 5, 2005
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`ULTIMATE GINGER COMPLEX
`
`ANABOLIC LABORATORIES,
`NIA CORPORATION)
`26021 COMMERCENTRE DRIVE
`
`LAKE FQRESLCA 92630
`
`INC.
`
`(CALIFOR-
`
`OWNER OF US. REG. NOS. 2,080,052, 2,631,462,
`AND OTHERS
`
`_
`FOR: NUTRITIO1\AL AND DIETARY SUPPLE-
`MENTS, IN CLASS 5 (US. CLS. 6, 18, 44, 46, 51 AND
`52)
`
`NO CLAIM IS MADE TO THE EXCLUSIVE
`RIGHT TO USE "GINGER COMPLEX", APART
`FROM THE MARK AS SHOWN.
`
`1
`SN 78-180,657, FILED 10-31-2002.
`
`FIRST USE 10-10-2002; IN COMMERCE 10-10-2002.
`
`KAREN K BUSH» EXAMINING ATTORNEY
`
`

`
`
`
`EXHIBIT C
`EXHIBIT C
`
`
`
`
`
`

`
`5/15/2014
`
`ginger eze - Google Search
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`ginger eze
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`ginger eze - Google Search
`Ginger-Eze Daily Ginger Supplement for Wellbeing - Chopra
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`Ginger-Eze Daily Ginger Supplement for well being 0.6 oz (45) Vegetarian Gel Caps
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`EXHIBIT D
`EXHIBIT D
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`

`
`5/15/2014
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`ginger medicine products - Google Search
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