To:
`Subject:
`Sent:
`Sent As:
`
`DANNY M. AWDEH(docketing@finnegan.com)
`U.S. Trademark Application Serial No. 86984624 - NATIVE - 14085.0003
`April 24, 2023 03:56:25 PM EDT
`tmng.notices@uspto.gov
`
`Attachments
`
`6378378
`6531243
`7022704
`6174550
`6380737
`5907912
`6758938
`5527246
`5852081
`6102283
`7006773
`5276725
`6660785
`5505240
`6200146
`4584888
`4316570
`3326485
`3206911
`3078162
`screencapture-www-washingtonpost-com-wellness-interactive-2022-coffee-vs-tea-nutrition-
`health-16823638640171
`screencapture-www-washingtonpost-com-wellness-interactive-2022-coffee-vs-tea-nutrition-
`health-16823638640172
`screencapture-www-marthastewart-com-8280407-tea-vs-coffee-which-is-healthier-
`16823639840601
`screencapture-www-teatulia-com-caffeine-in-tea-tea-vs-coffee-html-16823641413081
`screencapture-www-hsph-harvard-edu-nutritionsource-healthy-drinks-other-healthy-
`beverage-options-16823642707891
`screencapture-coffeeaffection-com-yerba-mate-vs-coffee-16823645339391
`screencapture-www-endurocoffee-com-home-shop-teas-yerba-mate-16823650185781
`screencapture-oldcitycoffee-com-product-yerba-mate-16823653064561
`screencapture-www-healthline-com-nutrition-coffee-alternatives-16823655190491
`screencapture-www-health-harvard-edu-blog-energy-boosting-coffee-alternatives-what-to-
`know-202302222893-16823658499941
`
`United States Patent and Trademark Office (USPTO)
`Office Action (Official Letter) About Applicant’s Trademark Application
`
`U.S. Application Serial No.  86984624
`
`

`

`Mark:   NATIVE
`
`Correspondence Address:  
`Danny M. Awdeh
`Finnegan, Henderson, Farabow, Garrett & Dunner LLP
`901 New York Avenue NW
`Washington DC 20001 UNITED STATES
`
`Applicant:   USINA SÃO FRANCISCO S.A.
`
`Reference/Docket No.  14085.0003
`
`Correspondence Email Address:   docketing@finnegan.com
`
`
`
`
`
`
`REQUEST FOR RECONSIDERATION AFTER FINAL ACTION DENIED
`
`Issue date:   April 24, 2023
`
`Applicant’s request for reconsideration is denied.   See 37 C.F.R. §2.63(b)(3).  The trademark
`examining attorney has carefully reviewed applicant’s request and determined the request did not: (1)
`raise a new issue, (2) resolve the outstanding issue, (3) provide any new or compelling evidence with
`regard to the outstanding issue, or (4) present analysis and arguments that were persuasive or shed new
`light on the outstanding issue.  TMEP §§715.03(a)(ii)(B), 715.04(a).  
`
`The examining attorney acknowledges and accepts applicant's amendment to the drawing page, and this
`change has been made of record.  However, the following refusals made final in the Office action dated
`October 14, 2012 are maintained and continued: 
`
`
`•
`
`•
`
`Refusal under §2(d) of the Trademark Act based on a likelihood of confusion with the mark in
`Registration No. 4179445.
`Refusal under §2(d) of the Trademark Act based on a likelihood of confusion with the mark in
`Registration No. 2566244.
`
`
`See TMEP §§715.03(a)(ii)(B), 715.04(a).  
`
`With respect to the marks at issue, the examining attorney has established that the Spanish word
`NATIVA in the cited marks translates into English to mean “native.”   Under the doctrine of foreign
`equivalents, a mark in a common, modern foreign language and a mark that is its English equivalent
`may be held confusingly similar. TMEP §1207.01(b)(vi); see, e.g., In re Aquamar, Inc., 115 USPQ2d
`1122, 1127-28 (TTAB 2015); In re Thomas, 79 USPQ2d 1021, 1025 (TTAB 2006);  Palm Bay Imps.,
`Inc. v. Veuve Clicquot Ponsardin Maison Fondee en 1772, 396 F.3d 1369, 1377, 73 USPQ2d 1689,
`1696 (Fed. Cir. 2005). Equivalence in meaning and connotation may be sufficient to find such marks
`confusingly similar. See In re Aquamar, Inc., 115 USPQ2d at 1127-28; In re Thomas, 79 USPQ2d at
`1025.
`
`With respect to the coffee and tea of the respective parties, there can be little doubt that these goods are
`highly related for purposes of §2(d) analysis.  It is well settled that the compared goods need not be
`
`

`

`identical or even competitive to find a likelihood of confusion.  See On-line Careline Inc. v. Am. Online
`Inc., 229 F.3d 1080, 1086, 56 USPQ2d 1471, 1475 (Fed. Cir. 2000); Recot, Inc. v. Becton, 214 F.3d
`1322, 1329, 54 USPQ2d 1894, 1898 (Fed. Cir. 2000); TMEP §1207.01(a)(i).  They need only be
`“related in some manner and/or if the circumstances surrounding their marketing are such that they
`could give rise to the mistaken belief that [the goods and/or services] emanate from the same source.” 
`Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369, 101 USPQ2d 1713, 1722 (Fed. Cir.
`2012) (quoting 7-Eleven Inc. v. Wechsler, 83 USPQ2d 1715, 1724 (TTAB 2007)); TMEP
`§1207.01(a)(i); see Made in Nature, LLC v. Pharmavite LLC, 2022 USPQ2d 557, at *44 (TTAB 2022)
`(quoting In re Jump Designs LLC, 80 USPQ2d 1370, 1374 (TTAB 2006)).
`
`The attached website evidence demonstrates that  coffee and tea  are sold or provided through the same
`trade channels and used by the same classes of consumers in the same fields of use.  See attached
`printouts.  Thus, applicant’s and registrant’s coffee and tea are considered related for likelihood of
`confusion purposes.  See, e.g., In re Davey Prods. Pty Ltd., 92 USPQ2d 1198, 1202-04 (TTAB 2009);
`In re Toshiba Med. Sys. Corp., 91 USPQ2d 1266, 1268-69, 1271-72 (TTAB 2009).
`
`Moreover, the examining attorney has attached evidence from the USPTO’s X-Search database
`consisting of a number of third-party marks registered for use in connection with the same or similar
`goods as those of both applicant and registrant in this case. See attached printouts.  This evidence
`shows that the coffee and tea listed therein frequently emanates  from a single source under a single
`mark. See In re I-Coat Co., 126 USPQ2d 1730, 1737 (TTAB 2018) (citing In re Infinity Broad. Corp.,
`60 USPQ2d 1214, 1217-18 (TTAB 2001); In re Albert Trostel & Sons Co., 29 USPQ2d 1783, 1785-86
`(TTAB 1993); In re Mucky Duck Mustard Co., 6 USPQ2d 1467, 1470 n.6 (TTAB 1988)); TMEP
`§1207.01(d)(iii).
`
`In short, the similarities between the marks and the coffee and tea products of the respective parties are
`so great as to create a likelihood of confusion. Accordingly, the examining attorney is compelled to
`maintain and continue his refusals under §2(d) of the Trademark Act.
`
`Since applicant has already filed an appeal with the Trademark Trial and Appeal Board, the Board
`will be notified to resume the appeal.   See TMEP §715.04(a).  
`
`
`/Nick Altree/
`Nick Altree
`Examining Attorney
`LO107--LAW OFFICE 107
`(571) 272-9336
`Nick.Altree@uspto.gov
`
`
`
`

`

`Print: Mon Apr 24 2023
`
`90207713
`
`(4) STANDARD CHARACTER MARK
`
`Mark Punctuated
`AUIOYE
`Translation
`The wording "AUIOYE" has no meaning in a foreign language.
`Goods/Services
`
`•
`
`IC 030. US 046.G & S: Aioli; Biscuits; Bonbons; Bread; Catsup; Chocolate; Coffee; Alimentary pasta;
`Artificial coffee and tea; Bakery goods; Baking powder; Baking spices; Balsamic vinegar; Barley flour;
`Confectionery for decorating Christmas trees; Edible spices; Tea bags; White sugar; Wine vinegar; Yerba
`mate. FIRST USE: 20200905. FIRST USE IN COMMERCE: 20200905
`
`Mark Drawing Code
`(4) STANDARD CHARACTER MARK
`Design Code
`Serial Number
`90207713
`Filing Date
`20200924
`Current Filing Basis
`1A
`Original Filing Basis
`1A
`Publication for Opposition Date
`20210323
`Registration Number
`6378378
`Date Registered
`20210608
`Owner
`(REGISTRANT) Jiacheng Sun INDIVIDUAL CHINA No. 9, Group 3, Xiaomingsha Village, Jingang Town,
`Zhangjiagang City, Jiangsu prov. CHINA 215631 (LAST LISTED OWNER) ANHUI CHUNZHIRONG
`TRADING CO., LTD. LIMITED COMPANY CHINA NO. 66, HUANGLOU, HUANGLOU VILLAGE
`ZHANGDIAN TOWNSHIP, QIAOCHENG DISTRICT BOZHOU, ANHUI CHINA 236000
`Priority Date
`Disclaimer Statement
`Description of Mark
`
`

`

`Type of Mark
`TRADEMARK
`Register
`PRINCIPAL
`Live Dead Indicator
`LIVE
`Attorney of Record
`Bole Yuan
`
`

`

`Print: Mon Apr 24 2023
`
`88310539
`
`(4) STANDARD CHARACTER MARK
`
`Mark Punctuated
`UR
`Translation
`Goods/Services
`
`•
`
`•
`
`IC 030. US 046.G & S: Tea; brewed tea; bottled tea; yerba mate; brewed yerba mate; bottled yerba mate;
`guayusa; brewed guayusa; bottled guayusa; brewed coffee; diet tea blends; energy tea blends; tea on
`draft; yerba mate on draft; guayusa on draft. FIRST USE: 20180831. FIRST USE IN COMMERCE:
`20180831
`IC 043. US 100 101.G & S: Cafe services featuring tea, yerba mate, and guayusa; snack-bar services
`featuring tea, yerba mate, and guayusa. FIRST USE: 20200702. FIRST USE IN COMMERCE: 20200702
`
`Mark Drawing Code
`(4) STANDARD CHARACTER MARK
`Design Code
`Serial Number
`88310539
`Filing Date
`20190221
`Current Filing Basis
`1A
`Original Filing Basis
`1B
`Publication for Opposition Date
`20200310
`Registration Number
`6531243
`Date Registered
`20211019
`Owner
`(REGISTRANT) White Squirrel, LLC LIMITED LIABILITY COMPANY LOUISIANA 103 Fontainbleau
`Drive Mandeville LOUISIANA 70471
`Priority Date
`Disclaimer Statement
`Description of Mark
`Type of Mark
`
`

`

`TRADEMARK. SERVICE MARK
`Register
`PRINCIPAL
`Live Dead Indicator
`LIVE
`Attorney of Record
`Raymond G. Areaux (33,643)
`
`

`

`Print: Mon Apr 24 2023
`
`97267785
`
`(4) STANDARD CHARACTER MARK
`
`Mark Punctuated
`TEAVIVRE
`Translation
`The English translation of "VIVRE" in the mark is "live".
`Goods/Services
`
`•
`
`•
`
`•
`
`IC 021. US 002 013 023 029 030 033 040 050.G & S: Coffee cups, tea cups and mugs; Tea services being
`tableware; Non-electric tea kettles; Tea canisters; Tea strainers; Tea caddies; Portable tea caddies; Mixing
`cups; Serving trays; Trays for serving tea; Ceramic, clay, metal and wood coasters for tea pots; Bowls;
`Serving bowls; Tea accessories, namely, non-electric tea whisks and tea scoops; Porcelain mugs; Coffee
`services being tableware; Coffee servers. FIRST USE: 20130801. FIRST USE IN COMMERCE:
`20130801
`IC 030. US 046.G & S: Coffee and tea; White tea; Black tea; Yellow tea; Herbal tea; Herb teas; Tea
`substitutes; Flowers or leaves for use as tea substitutes; Matcha; Chamomile tea; Processed tea leaves;
`Fermented tea; Tieguanyin tea; Flavorings of tea other than essential oils, for food or beverages; Earl
`Grey tea; Yerba mate; Rooibos tea; Tea for infusions; Herbal infusions; Ginseng tea; Ginger tea;
`Peppermint tea; Mixes for making tea; Chinese matrimony vine tea (Gugijacha); Iced tea; Buckwheat,
`processed; Buckwheat tea; Rose hip tea; Tea made with dried fruit; Instant black tea; Instant green tea;
`Instant Oolong tea; Instant white tea; Barley tea; Roasted barley tea; Chai tea; Coffee, tea, cocoa and
`artificial coffee; Coffee; Ground coffee; Roasted coffee beans; Instant coffee; Green coffee; Coffee beans.
`FIRST USE: 20110713. FIRST USE IN COMMERCE: 20110713
`IC 035. US 100 101 102.G & S: On-line wholesale store services featuring tea, tea substitutes, herbal tea,
`coffee, cocoa, tea services, tea sets, teapots, coffee cups, tea cups and mugs, related tea accessories,
`namely, tea kettles, tea canisters, tea strainers, tea caddies, mixing cups, trays for serving tea, coasters for
`tea pots, bowls, tea whisks, and tea scoops; On-line retail store services featuring tea, tea substitutes,
`herbal tea, coffee, cocoa, tea services, tea sets, teapots, coffee cups, tea cups and mugs, related tea
`accessories namely, tea kettles, tea canisters, tea strainers, tea caddies, mixing cups, trays for serving tea,
`coasters for tea pots, bowls, tea whisks, and tea scoops, and gift sets comprising tea and tea accessories
`namely, tea kettles, tea canisters, tea strainers, tea caddies, mixing cups, trays for serving tea, coasters for
`tea pots, bowls, tea whisks, and tea scoops; On-line buyers guide service providing information in the
`fields of tea, tea substitutes, herbal tea, coffee, cocoa, tea services, tea sets, teapots, coffee cups, tea cups
`and mugs, and related tea accessories namely, tea kettles, tea canisters, tea strainers, tea caddies, mixing
`cups, trays for serving tea, coasters for tea pots, bowls, tea whisks, and tea scoops. FIRST USE:
`20110713. FIRST USE IN COMMERCE: 20110713
`
`Mark Drawing Code
`(4) STANDARD CHARACTER MARK
`Design Code
`Serial Number
`97267785
`
`

`

`Filing Date
`20220215
`Current Filing Basis
`1A
`Original Filing Basis
`1A
`Publication for Opposition Date
`20230124
`Registration Number
`7022704
`Date Registered
`20230411
`Owner
`(REGISTRANT) Chen Yanqiu INDIVIDUAL HONG KONG FLAT H 22/F, ROYAL GREEN NO. 8 CHING
`HIU, ROAD SHEUNG SHUI NT HONG KONG 999077
`Priority Date
`Disclaimer Statement
`Description of Mark
`Type of Mark
`TRADEMARK. SERVICE MARK
`Register
`PRINCIPAL
`Live Dead Indicator
`LIVE
`Attorney of Record
`Elizabeth Milesnick
`
`

`

`Print: Mon Apr 24 2023
`
`88853376
`
`(4) STANDARD CHARACTER MARK
`
`Mark Punctuated
`CHAMELLIA
`Translation
`Goods/Services
`
`•
`
`•
`
`IC 021. US 002 013 023 029 030 033 040 050.G & S: Cups; Tea balls; Tea caddies; Tea canisters; Tea
`infusers; Tea pots; Tea services in the nature of tableware; Tea sets; Tea strainers. FIRST USE:
`20170317. FIRST USE IN COMMERCE: 20170317
`IC 030. US 046.G & S: Chai tea; Flowers or leaves for use as tea substitutes; Fruit teas; Herb tea; Herbal
`tea; Hot chocolate mixes; Iced tea; Instant coffee; Instant tea; Kombucha tea; Rooibos tea; Tea; Tea
`extracts; Tea bags; Tea-based beverages with fruit flavoring; Beverages with a tea base; Mixes in the
`nature of concentrates, syrups or powders used in the preparation of tea based beverages; Yerba mate.
`FIRST USE: 20170317. FIRST USE IN COMMERCE: 20170317
`
`Mark Drawing Code
`(4) STANDARD CHARACTER MARK
`Design Code
`Serial Number
`88853376
`Filing Date
`20200330
`Current Filing Basis
`1A
`Original Filing Basis
`1A
`Publication for Opposition Date
`20200728
`Registration Number
`6174550
`Date Registered
`20201013
`Owner
`(REGISTRANT) Staunch Extreme Pty Ltd PROPRIETARY LIMITED COMPANY AUSTRALIA 16
`Montague St Collingwood VIC AUSTRALIA 3066
`Priority Date
`Disclaimer Statement
`
`

`

`Description of Mark
`Type of Mark
`TRADEMARK
`Register
`PRINCIPAL
`Live Dead Indicator
`LIVE
`Attorney of Record
`Michael C. Petock
`
`

`

`Print: Mon Apr 24 2023
`
`88131312
`
`(4) STANDARD CHARACTER MARK
`
`Mark Punctuated
`MAX ENERGY FOR TACTICAL ALERTNESS
`Translation
`Goods/Services
`
`•
`
`•
`
`IC 005. US 006 018 044 046 051 052.G & S: Nutritional supplements; Nutritional supplements for
`energy, calmness, drowziness, health, weight loss, vitamin and mineral suplementation; Nutritional
`supplements in the form of pouch; Dietary and nutritional supplements; Dietary and nutritional
`supplements containing tea, caffeine, yerba mate; Dietary and nutritional supplements for endurance
`sports; Dietary and nutritional supplements used for weight loss; Herb teas for medicinal purposes;
`Herbal teas for medicinal purposes; Medicinal tea. FIRST USE: 20181216. FIRST USE IN
`COMMERCE: 20200204
`IC 030. US 046.G & S: Coffee; Coffee and coffee substitutes; Coffee and tea; Tea; Tea extracts; Tea
`bags; Tea for infusions; Artificial coffee and tea; Black tea; Fruit teas; Green tea; Oolong tea; Peppermint
`tea. FIRST USE: 20181216. FIRST USE IN COMMERCE: 20200204
`
`Mark Drawing Code
`(4) STANDARD CHARACTER MARK
`Design Code
`Serial Number
`88131312
`Filing Date
`20180925
`Current Filing Basis
`1A
`Original Filing Basis
`1B
`Publication for Opposition Date
`20190212
`Registration Number
`6380737
`Date Registered
`20210608
`Owner
`(REGISTRANT) Pocket Tea LLC LIMITED LIABILITY COMPANY NEW YORK PO Box 380
`Margaretville NEW YORK 12455
`Priority Date
`
`

`

`Disclaimer Statement
`Description of Mark
`Type of Mark
`TRADEMARK
`Register
`PRINCIPAL
`Live Dead Indicator
`LIVE
`Attorney of Record
`Ira C. Edell
`
`

`

`Print: Mon Apr 24 2023
`
`88407548
`
`(4) STANDARD CHARACTER MARK
`
`Mark Punctuated
`TUSOL WELLNESS
`Translation
`Goods/Services
`
`•
`
`•
`
`•
`
`IC 003. US 001 004 006 050 051 052.G & S: Anti-aging moisturizers used as cosmetics; Aromatic
`essential oils; Aromatic oils; Beauty serums; Body creams; Body lotion; Body oil; Cosmetic creams for
`skin care; Cosmetics; Cosmetics and make-up; Essential oils; Essential oils for aromatherapy use;
`Essential oils for body; Eye cream; Face creams for cosmetic use; Face oils; Face powder; Facial make-
`up, namely, foundation, bronzer; Facial moisturizers; Facial oils; Flower essences for cosmetic purposes;
`Hair shampoos and conditioners; Lipstick; Lotions for face and body care; Make-up powder; Massage oil;
`Mineral salt in the nature of bath salts not for medical purposes; Moisturizing creams; Night cream; Non-
`medicated exfoliating preparations for face, body; Non-medicated herbal body care products, namely,
`body oils, salves, and lip balms; Nutritional oils for cosmetic purposes; Shower and bath gel; Skin care
`preparations, namely, fruit acid peels for skin; Toothpastes. FIRST USE: 20190401. FIRST USE IN
`COMMERCE: 20190401
`IC 005. US 006 018 044 046 051 052.G & S: Dietary and nutritional supplements; Dietary beverage
`supplements for human consumption in liquid and dry mix form for therapeutic purposes; Dietary
`supplements for human consumption; Enzyme food supplements; Food supplements; Herbal
`supplements; Liquid herbal supplements; Meal replacement bars for weight loss purposes; Multivitamin
`preparations; Natural dietary supplements; Natural herbal supplements; Nutraceuticals for use as a dietary
`supplement for energy, mood; Nutritional and dietary supplements formed and packaged as bars;
`Nutritional supplement energy bars; Nutritional supplement in the nature of a nutrient-dense, protein-
`based drink mix; Nutritional supplement shakes; Nutritional supplements in the form of powdered
`smoothie mix; Powdered nutritional supplement drink mix and concentrate; Powdered nutritional
`supplement drink mix containing protein, vitamins, minerals; Prebiotic supplements; Probiotic
`supplements; Protein dietary supplements formed and packaged as bars?; Protein supplements formed and
`packaged as bars; Vitamin and mineral formed and packaged as bars; Vitamin oils for human
`consumption; Vitamin supplements; Vitamins; Wheatgrass for use as a dietary supplement. FIRST USE:
`20190401. FIRST USE IN COMMERCE: 20190401
`IC 025. US 022 039.G & S: Athletic pants; Athletic shirts; Athletic shorts; Bathing suits; Bikinis;
`Camisoles; Cycling shorts; Footwear for women; Gym pants; Hats; Hooded pullovers; Hooded sweat
`shirts; Hoodies; Jackets; Jogging pants; Knit shirts; Leotards; Long-sleeved shirts; Lounge pants;
`Moisture-wicking sports bras; Outer jackets; Shirts; Shorts; Sport shirts; Sports bra; Sundresses; Sweat
`jackets; Sweat pants; Sweat shirts; Sweat suits; Sweatbands; Sweaters; Sweatpants; Sweatshirts;
`Sweatsuits; Swim suits; Swim wear; Swimsuits; Swimwear; T-shirts; Tank tops; Tank-tops; Tee shirts;
`Track pants; Track suits; Tracksuits; Trousers; Undergarments; Underwear; Wetsuits; Women's athletic
`tops with built-in bras; Women's clothing, namely, shirts, dresses, skirts, blouses; Women's tops, namely,
`camis; Yoga pants; Yoga shirts; Yoga tops. FIRST USE: 20190401. FIRST USE IN COMMERCE:
`20190401
`
`

`

`•
`
`•
`
`IC 030. US 046.G & S: Beverages made of tea; Black tea; Chai tea; Chamomile tea; Coffee and tea;
`Edible turmeric; Herbal infusions; Jasmine tea; Matcha; Natural sweeteners; Oolong tea; Peppermint tea;
`Rooibos tea; Rose hip tea; Rosemary tea; Tea for infusions; Tea-based beverages; White tea; Yerba mate.
`FIRST USE: 20190401. FIRST USE IN COMMERCE: 20190401
`IC 032. US 045 046 048.G & S: Aerated mineral waters; Beauty beverages, namely, fruit juices and
`energy drinks containing nutritional supplements; Drinking water; Drinking water with vitamins; Mineral
`water; Smoothies; Sports drinks; Spring water; Water beverages. FIRST USE: 20190401. FIRST USE IN
`COMMERCE: 20190401
`
`Mark Drawing Code
`(4) STANDARD CHARACTER MARK
`Design Code
`Serial Number
`88407548
`Filing Date
`20190429
`Current Filing Basis
`1A
`Original Filing Basis
`1A
`Publication for Opposition Date
`20190827
`Registration Number
`5907912
`Date Registered
`20191112
`Owner
`(REGISTRANT) TUSOL, LLC. AKA TUSOL Wellness LIMITED LIABILITY COMPANY CALIFORNIA
`30765 Pacific Coast Hwy #543 MALIBU CALIFORNIA 90265
`Priority Date
`Disclaimer Statement
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "WELLNESS" APART FROM THE MARK
`AS SHOWN
`Description of Mark
`Type of Mark
`TRADEMARK
`Register
`PRINCIPAL
`Live Dead Indicator
`LIVE
`Attorney of Record
`
`

`

`Print: Mon Apr 24 2023
`
`90752459
`
`(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
`
`Mark Punctuated
`SKYWOW THINK BEYOND
`Translation
`Goods/Services
`
`•
`
`•
`
`•
`
`•
`
`IC 005. US 005 006 018 044 046 051 052.G & S: Nutritional supplements; Mineral nutritional
`supplements; Nutritional supplement shakes; Nutritional supplement energy bars; Nutritional supplement
`meal replacement bars for boosting energy; Dietary and nutritional supplements for endurance sports;
`Natural herbal supplements; Soy protein for use as a nutritional supplement in various powdered and
`ready-to-drink beverages; Liquid herbal supplements; Powdered nutritional supplement drink mix and
`concentrate; Powdered nutritional supplement drink mix; Dietary supplement drink mixes. FIRST USE:
`20190315. FIRST USE IN COMMERCE: 20200121
`IC 029. US 046.G & S: Food package combinations consisting primarily of processed fruit; Dried fruit-
`based snacks; Trail mix consisting primarily of processed nuts, seeds, dried fruit and also including
`chocolate; Dried fruit mixes; Nut- and dried fruit- based snack bars; Dried fruits; Dried fruit and
`vegetables; Processed nuts; Snack mix consisting primarily of processed fruits, processed nuts and/or
`raisins; Dried vegetables; Preserved, dried, cooked and grilled vegetables; Preserved, dried and cooked
`fruit and vegetables; Dried vegetables in powder form; Preserved, frozen, dried and cooked fruits and
`vegetables; Snack mix consisting of dehydrated fruit and processed nuts; Preserved vegetables;
`Vegetable-based food beverages; Fruit-based meal replacement bars for boosting energy; Fruit-based
`meal replacement bars; Dried fruits in powder form. FIRST USE: 20190315. FIRST USE IN
`COMMERCE: 20200121
`IC 030. US 046.G & S: Tea; Herb tea; Fruit teas; Rooibos tea; Yerba mate; Tea-based beverages; Iced
`tea; Ground coffee beans; Coffee-based beverages; Vegan coffee-based beverages; Chinese tea; Green
`tea. FIRST USE: 20190315. FIRST USE IN COMMERCE: 20200121
`IC 032. US 045 046 048.G & S: Non-carbonated, non-alcoholic frozen flavored beverages; Energy
`drinks; Beauty beverages, namely, fruit juices and energy drinks containing nutritional supplements; Fruit
`juice beverages; Non-alcoholic sparkling fruit juice beverages; Powders used in the preparation of fruit-
`based beverages; Concentrates and powders used in the preparation of energy drinks and fruit-flavored
`beverages; Fruit drinks and fruit juices; Vegetable-fruit juices; Mixed fruit juices; Concentrated fruit
`juices; Non-alcoholic beverages containing fruit juices; Fruit juices. FIRST USE: 20190315. FIRST USE
`IN COMMERCE: 20200121
`
`Mark Drawing Code
`(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
`Design Code
`160305 270305
`Serial Number
`90752459
`Filing Date
`
`

`

`20210603
`Current Filing Basis
`1A
`Original Filing Basis
`1A
`Publication for Opposition Date
`20220329
`Registration Number
`6758938
`Date Registered
`20220614
`Owner
`(REGISTRANT) FGS HEALTHCARE LIMITED limited company (ltd.) HONG KONG Room 2507-8,
`25/F.,China Insurance Group Bldg, No.141 Des Voeux Road Central, Central HONG KONG
`Priority Date
`Disclaimer Statement
`Description of Mark
`The mark consists of the wording "SKYWOW" in a stylized font, with a telescope as part of the letter "K", all
`above the wording "THINK BEYOND" in a stylized font.
`Type of Mark
`TRADEMARK
`Register
`PRINCIPAL
`Live Dead Indicator
`LIVE
`Attorney of Record
`P. Jay Hines
`
`

`

`Print: Mon Apr 24 2023
`
`86782793
`
`(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
`
`Mark Punctuated
`ERVA YERBA MATE
`Translation
`The English translation of "ERVA" in the mark is "HERB".
`Goods/Services
`
`•
`
`IC 030. US 046.G & S: Beverages made of tea; Coffee and tea; Flavorings of tea, other than essential
`oils, for food or beverages; Tea; Tea-based beverages; Yerba mate. FIRST USE: 20150210. FIRST USE
`IN COMMERCE: 20150210
`
`Mark Drawing Code
`(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
`Design Code
`050325 270103
`Serial Number
`86782793
`Filing Date
`20151009
`Current Filing Basis
`1A
`Original Filing Basis
`1A
`Publication for Opposition Date
`20160412
`Registration Number
`5527246
`Date Registered
`20180731
`Owner
`(REGISTRANT) 99 POTATOES, LLC LIMITED LIABILITY COMPANY FLORIDA 765 CYPRESS ROAD
`VERO BEACH FLORIDA 32963
`Priority Date
`Disclaimer Statement
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "ERVA" AND "YERBA MATE" APART
`
`

`

`FROM THE MARK AS SHOWN
`Description of Mark
`Color is not claimed as a feature of the mark. The mark consists of the term "ERVA" in a hand drawn cursive
`font with the letter "A" forming a leaf design at the end resembling a yerba mate plant leaf. Underneath the term
`"ERVA" appears the wording "YERBA MATE" in stylized form.
`Type of Mark
`TRADEMARK
`Register
`PRINCIPAL
`Live Dead Indicator
`LIVE
`Attorney of Record
`Elizabeth Swanson
`
`

`

`Print: Mon Apr 24 2023
`
`87439279
`
`(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
`
`Mark Punctuated
`HANA
`Translation
`The non-Latin characters in the mark transliterate to "HANA" and this means "HAPPINESS" in English. The
`English translation of the word "HANA" in the mark is "HAPPINESS".
`Goods/Services
`
`•
`
`•
`
`•
`
`•
`
`IC 029. US 046.G & S: Meat; fish, not live; chicken; preserved and canned meat; tuna, not live; sardines,
`not live; mortadella; preserved, dried and cooked fruits and vegetables; jellies, jams, preserved food;
`pickles; dried apricot paste; edible fats; eggs, milk; milk and dairy products, namely, butter, animal ghee,
`cheese and powdered milk; edible oils; olive oil for food; edible hydrogenated oils; vegetable butter;
`margarine; chips, namely, potato chips; tahini (sesame seed paste). FIRST USE: 19930601. FIRST USE
`IN COMMERCE: 20170803
`IC 030. US 046.G & S: Coffee; tea; sugar; cocoa; rice; yerba mate; flour; bread; cakes; pastry;
`confectionery; chilled sweets; baking powder; cocoa-based beverages; coffee-based beverages; chips
`made of cereal and corn; ices; ice; ice cream; honey; treacle; pomegranate molasses; salt; mustard;
`pepper; spices; vinegar; sauces as condiments; ketchup; mayonnaise; processed thyme; chocolate;
`biscuits; candy; chewing gum; Turkish delight; halvah. FIRST USE: 19930601. FIRST USE IN
`COMMERCE: 20170803
`IC 031. US 001 046.G & S: Live animals; malt for brewing and distilling. FIRST USE: 19930601. FIRST
`USE IN COMMERCE: 20170803
`IC 032. US 045 046 048.G & S: Mineral waters; aerated waters; non-alcoholic beers; fruit juices; powder
`for making soft drinks. FIRST USE: 19930601. FIRST USE IN COMMERCE: 20170803
`
`Mark Drawing Code
`(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
`Design Code
`280101
`Serial Number
`87439279
`Filing Date
`20170505
`Current Filing Basis
`1A
`Original Filing Basis
`1B
`
`

`

`Publication for Opposition Date
`20181120
`Registration Number
`5852081
`Date Registered
`20190903
`Owner
`(REGISTRANT) Adeeb Derawan Sons' Company (Al Marai) private limited company SYRIAN ARAB REP
`Kessweh, Marrana 82 Damascus Countryside SYRIAN ARAB REP
`Priority Date
`Disclaimer Statement
`Description of Mark
`The color(s) red is/are claimed as a feature of the mark. The mark consists of Arabic characters in red below
`which is the wording "HANA" also in red. The color white represents transparent areas and is not claimed as a
`feature of the mark.
`Type of Mark
`TRADEMARK
`Register
`PRINCIPAL
`Live Dead Indicator
`LIVE
`Attorney of Record
`HEENA KAMPANI
`
`

`

`Print: Mon Apr 24 2023
`
`86679658
`
`(4) STANDARD CHARACTER MARK
`
`Mark Punctuated
`WILD FOODS
`Translation
`Goods/Services
`
`•
`
`IC 030. US 046.G & S: Barley tea; Beverages made of coffee; Beverages made of tea; Beverages with a
`coffee base; Beverages with a tea base; Black tea; Caffeine-free coffee; Cappuccino; Cappuccino mixes;
`Chai tea; Citron tea; Coffee; Coffee; Coffee and tea; Coffee based beverages; Coffee beans; Coffee
`beverages with milk; Coffee capsules containing coffee for brewing; Coffee pods; Coffee-based beverage
`containing milk; Coffee-based beverages; Coffee-based iced beverages; Earl Grey tea; Espresso; Espresso
`drinks; Flowers or leaves for use as tea substitutes; Fruit teas; Ginger tea; Ginseng tea; Green coffee;
`Green tea; Ground coffee beans; Herbal tea; Iced coffee; Iced tea; Japanese green tea; Kombucha tea;
`Matcha; Mixes for making tea; Oolong tea; Pasta sauce; Pesto; Pesto sauce; Prepared coffee and coffee-
`based beverages; Ready-made sauces; Red ginseng tea; Roasted coffee beans; Rooibos tea; Rosemary tea;
`Sage tea; Tea bags; Tea extracts; Tea for infusions; Tea of parched powder of barley with husk (mugi-
`cha); Tea of salty kelp powder (kombu-cha); Tea pods; Tea-based beverages; Tea-based beverages with
`fruit flavoring; Tea-based iced beverages; Unroasted coffee; White lotus tea (Baengnyeoncha); Yerba
`mate. FIRST USE: 20150630. FIRST USE IN COMMERCE: 20191119
`
`Mark Drawing Code
`(4) STANDARD CHARACTER MARK
`Design Code
`Serial Number
`86679658
`Filing Date
`20150630
`Current Filing Basis
`1A
`Original Filing Basis
`1B
`Publication for Opposition Date
`20190108
`Registration Number
`6102283
`Date Registered
`20200714
`Owner
`
`

`

`(REGISTRANT) PURPLEROCK BIOSCHWARTZ IP HOLDINGS, LLC LIMITED LIABILITY COMPANY
`DELAWARE 1350 AVENUE OF THE AMERICAS 2ND FLOOR NEW YORK NEW YORK 10019
`Priority Date
`Disclaimer Statement
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "FOODS" APART FROM THE MARK AS
`SHOWN
`Description of Mark
`Type of Mark
`TRADEMARK
`Register
`PRINCIPAL
`Live Dead Indicator
`LIVE
`Attorney of Record
`Mark C. Johnson
`
`

`

`Print: Mon Apr 24 2023
`
`90071189
`
`(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
`
`Mark Punctuated
`GJS GLORIA JEANS CHILLER & COFFEE HOUSE EST. 1979
`Translation
`Goods/Services
`
`•
`
`•
`
`•
`
`IC 030. US 046.G & S: Coffee; ground and whole bean coffee; coffee concentrates; coffee flavorings,
`namely, syrup for flavoring coffee; coffee mixtures, namely, beverages made of coffee; caffeine-free
`coffee; flavored coffee; coffee based beverages and coffee-based beverages containing milk; cold coffee
`based drinks and coffee based drinks blended with milk and ice; tea; herbal tea for food purposes and non
`herbal tea; tea-based beverages, iced tea and chai tea; cocoa; cocoa based beverages and cocoa based
`beverages with milk; flavorings for beverages other than essential oils; chocolate syrup; flavoring syrups
`to add to beverages; ice cream; sugar; chocolate, candy and confectionery, namely, chocolate, white
`chocolate, candy mints, and toffee; cereal based food bars; grain-based food bars also containing nuts,
`dried fruits and/or popcorn; dessert products, namely, tarts, cheesecakes, puddings; flour and preparations
`made from cereals, namely, high-protein cereal bars, cereal based snack food; breads and pastries; pizzas;
`biscuits and cookies; bakery products, namely, breads, muffins, doughnuts, croissants, bagels, scones;
`cakes, namely, fruit cakes, sponge cakes, iced cakes, dessert bars being bakery desserts in bar form,
`cupcakes, brownies, sponge cake, funnel cakes; sandwiches; open sandwiches and toasted sandwiches;
`salad dressings; spices; condiments, namely, ketchup, mustard, mayonnaise, relish, soy sauce, salt,
`pepper, vinegar. FIRST USE: 20201021. FIRST USE IN COMMERCE: 20210601
`IC 035. US 100 101 102.G & S: Wholesale and retail store services featuring food, drinks, tea, coffee and
`related products in the nature of prepared meals, chocolate, candy, confectionery, bread and pastries,
`baked goods, bakery products, cakes and sandwiches; retail store services featuring coffee and tea; retail
`store and online retail store services featuring food and drinks including prepared meals, desserts,
`flavoring syrups, chocolate, candy, confectionery, cakes and sandwiches; retail store and online retail
`store services featuring coffee related supplies, equipment and accessories, namely, French presses,
`coffee mugs, coffee cups; distribution of samples; providing management assistance relating to coffee and
`tea stores; coffee and tea store franchising services, namely, assistance in franchised commercial business
`management and operation; business consultancy relating to coffee and tea store franchising services;
`providing professional business assistance and advisory services in the management, establishment,
`design, construction, equipping and operation of coffee and tea stores, restaurants and take-away food
`stores; business advisory services relating to the setting up of and the operation of coffee and tea stores,
`restaurants and take away food stores; promotion and advertising services. FIRST USE: 20201021.
`FIRST USE IN COMMERCE: 20210601
`IC 043. US 100 101.G & S: Services for providing food and drink; restaurant services; cafe services;
`coffee houses; mobile take-away carts, namely, coffee kiosks for providing food and drink and mobile
`
`

`

`café services for providing food and drink, providing of food and drink vi