Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PTO Form 1960 (Rev 10/2011)
`
`OMB No. 0651-0050 (Exp 09/20/2020)
`
`Request for Reconsideration after Final Action
`
`The table below presents the data as entered.
`
`Entered
`
`Input Field
`
`SERIAL
`NUMBER
`
`LAW OFFICE
`ASSIGNED
`
`87155233
`
`LAW OFFICE 108
`
`MARK SECTION
`
`MARK
`
`LITERAL
`ELEMENT
`
`STANDARD
`CHARACTERS
`
`USPTO-
`GENERATED
`IMAGE
`
`MARK
`STATEMENT
`
`ARGUMENT(S)
`
`https://tmng-al.uspto.gov/resting2/api/img/87155233/large
`
`JOINTZ
`
`YES
`
`YES
`
`The mark consists of standard characters, without claim to any particular font style, size or color.
`
`REQUEST FOR RECONSIDERATION AFTER FINAL ACTION
`(Final Office Action Dated March 6, 2018)
`
`U.S. Application Serial Number:   87/155,233
`Filing Date:  August 30, 2016
`Mark:  JOINTZ
`Applicant:   CANNALINK, INC.
`International Class:  005
`Filing Basis:  1(b) – Intent-to-Use
`Attorney Docket No. 122040-01US01
`
`RESPONSE AND ARGUMENT
`
`This Request for Reconsideration after Final Action is in response to the United States Patent and Trademark Office (USPTO) Final Office Action
`dated March 6, 2018 (“Office Action”) in relation to U.S. Application Serial Number 87/155,233   (“Serial No. 87155233”) for the Mark
`“JOINTZ” in International Class 005.
`
`Reconsideration of Serial No. 87155233 is hereby requested.  The Examining Attorney’s remarks and analysis were received and carefully
`considered.  Pursuant to the Examining Attorney’s invitation, Applicant Cannalink, Inc. (“Applicant”) hereby presents the following evidence
`and arguments in support of registration.
`
`SECTION 2(e)(1) – MERELY DESCRIPTIVE REFUSAL
`
`Applicant’s Mark is NOT Merely Descriptive Because It Does NOT Describe any Ingredient, Quality, Characteristic, Function, Feature,
`Purpose, or Use of Any of Applicant’s Goods and is NOT Generic .
`
`Trademark Examining Attorney has refused registration of Applicant's application for the mark JOINTZ alleging that the applied-for mark merely
`describes the intended use or a feature of applicant’s goods, namely, that they are for treating a part of the body that can bend where two bones
`
`  
`  
`

`

`meet and alleging that Applicant’s applied-for mark appear to be generic in connection with the identified goods and, therefore, incapable of
`functioning as a source-identifier for applicant’s goods.   Applicant respectfully disagrees and requests reconsideration of the Trademark
`Examining Attorney’s decision.
`
`Applicant reasserts its arguments submitted in its responses filed on June 16, 2017 and February 12, 2018 and respectfully submits that the mark is
`not descriptive or generic to the goods for which registration is sought and respectfully requests acceptance and publication of the application.
`
`Applicant’s goods do not merely describe—directly or indirectly--the intended use or a feature of Applicant’s goods.
`
`Applicant’s good are for:
`
`“Dietary and nutritional supplements; liquid nutritional supplement; dietary and nutritional supplements in the form of treats; food and
`feed supplements; nutraceuticals for use as a dietary supplement; nutritional drinks; dietary and nutritional supplement drink mix in the
`nature of powdered and liquid drink mixes; additives for feed for use as dietary nutritional supplements; medicated grooming preparations
`for horses, animals, and pets, namely, shampoo, conditioner, and moisturizing spray for hair and skin; all of the foregoing for horses,
`animals, and pets”
`
`Nowhere in Applicant’s applied-for goods does it indicate that any of the products are to benefit a joint of a horse, an animal, or a pet.
`
`Many of Applicant’s goods are intended for dietary and nutritional supplements, not for joints.
`
`Some of Applicant’s goods are intended for medicated grooming preparations for hair and skin, not for joints.
`
`Applicant respectfully offers the following information for purposes of clarification of the intended use of its goods:
`
`The definition of nutritional supplements is as follows:
`
`“Nutritional supplements are any dietary supplement that is intended to provide nutrients that may otherwise not be consumed in
`sufficient quantities; for example, vitamins, minerals, proteins, amino acids or other nutritional substances.   Products are usually ingested in
`capsule, tablet or liquid form.”   (https://www.nature.com/subjects/nutritional-supplements) (Exhibit A) [Emphasis added].
`
`The definition of a dietary supplement is as follows:
`
`“a product taken orally that contains one or more ingredients (such as vitamins or amino acids) that are intended to supplement one's diet and
`are not considered food”.   (https://www.merriam-webster.com/dictionary/dietary%20supplement) (Exhibit B) [Emphasis added]
`
`A definition of skin care is as follows:
`
`“Skin care is the range of practices that support skin integrity, enhance its appearance and relieve skin
`conditions…” (https://en.wikipedia.org/wiki/Skin_care) (Exhibit C) (regardless if for humans or animals).
`
`Definitions of grooming are as follows:
`
`“Horse grooming is hygienic care given to a horse,.…” (Emphasis added)
`
`“Dog grooming refers to both the hygienic care and cleaning of a dog….”  (Emphasis added)
`
`(Exhibit D)
`
`Applicant’s intended goods are for “ Dietary and nutritional supplements; liquid nutritional supplement; dietary and nutritional
`supplements in the form of treats; food and feed supplements; nutraceuticals for use as a dietary supplement; nutritional drinks; dietary and
`nutritional supplement drink mix in the nature of powdered and liquid drink mixes; additives for feed for use as dietary nutritional
`supplements; medicated grooming preparations for horses, animals, and pets, namely, shampoo, conditioner, and moisturizing spray for hair
`and skin; all of the foregoing for horses, animals, and pets”.   (Emphasis added)
`
`Nowhere in Applicant’s applied-for goods does it indicate that any of the products are intended for a joint of a horse, an animal, or a pet nor do
`any of the definitions provided above regarding the intended goods give any indication that the goods would be for joints.
`
`Rather, Applicant’s goods are intended to:
`
`“provide nutrients that may otherwise not be consumed in sufficient quantities” by a horses, animals, and pets (“for example, vitamins,
`minerals, proteins, amino acids or other nutritional substances”);
`
`“supplement” the diet of horses, animals, and pets;
`
`

`

`“support skin integrity, enhance its appearance and relieve skin conditions” of horses, animals, and pets; and
`
`provide medicated grooming products to aid in the “hygienic care and cleaning of” the hair and skin of horses, animals, and pets.
`
`The mark JOINTZ is simply a word that Applicant chose to use in connection with its products, however, the mark JOINTZ does not merely
`describe—directly or indirectly--the intended use or a feature of Applicant’s goods, does not identify the genus of the goods for which
`registration is sought, is not generic for the intended goods.
`
`Additionally, consumers are not likely to assume that Applicant’s products are for joints at all simply because Applicant’s goods are intended for
`the overall health and the care of the skin and hair of horses, animals, and pets.
`
`Rather, consumers are much more likely to view Applicant’s products to be used for the care of the hair and skin of horses, animals, and pets, and
`as dietary and nutritional supplements to be used for the overall health of horses, animals, and pets and not products to be used for joints, just as
`intended by Applicant.
`
`Furthermore, there are approximately 196 live marks currently of record with the U.S. Patent and Trademark Office that contain the term
`“JOINT”/“JOINTS” in Class 005, many of which have been published, allowed, and/or registered—and not all of them have disclaimers of the
`term JOINT/JOINTS. 
`
`Please also take notice that some of the Intent-to-Use applications with the term JOINT/JOINTS in the name of the mark in Class 005 for
`“Dietary and nutritional supplements…” have been approved for publication, published, and/or allowed without a disclaimer of the term
`JOINT/JOINTS and for the Principal Register.  Further, some registered marks with the term JOINT/JOINTS in the name of the mark in Class
`005 for “Dietary supplements…” and that include the word “joint” in the description of the Class 005 goods have been registered without a
`disclaimer of the term JOINT/JOINTS and for the Principal Register—even if acquired distinctiveness was not achieved at the time of
`registration).  (Exhibit E, Emphasis Added)
`
`Applicant further submits that the “JOINTZ” mark should not as per se be deemed as merely descriptive.  Applicant respectfully requests that
`judicial notice be taken on the third party live applications/registrations of the term JOINT/JOINTS in the marks where the marks were approved
`for publication, published, allowed, and/or registered on the Principal Register without a disclaimer of the term JOINT/JOINTS in the marks, as
`shown in Exhibit E.  For purposes of argument, if the Trademark Office had approved for publication, published, allowed, and/or registered these
`third party marks without a disclaimer of the term JOINT/JOINTS for the Principal Register, it must have found that the presupposed
`descriptiveness of the term JOINT/JOINTS cannot negate the trademark significance of the marks.  Similarly, Applicant submits that its mark
`should not be deemed to have less quantum of trademark significance than marks that have previously been approved for publication, published,
`allowed, and/or registered of such third parties.
`
`Some examples of Third Party marks that the U.S. Patent and Trademark Office has approved for publication, published, allowed, and/or
`registered on the Principal Register that contain the term JOINT/JOINTS with a disclaimer of the term JOINT/JOINTS are as follows (Exhibit E):
`
`Register Word Mark Disclaimer Live/Dead Class 005
`Goods
`See: 
`Footnote 1[1]
`
`None
`
`LIVE
`
`Serial
`Number
`87888136
`
`Reg.
`Number
`
`87127201  
`
`Principal FEED YOUR
`SKIN AND
`JOINTS
`Principal ALL-JOINTS
`ULTRA
`
`87823905  
`
`Principal
`
`JOINTGUARD
`SPORT
`
`SPORT
`
`LIVE
`
`87553718 5528045
`
`Principal
`
`JOINTFIT
`
`87439769 5520680
`
`Principal
`
`87774945  
`
`Principal
`
`JOINT
`VENTURE
`JOINT360
`
`None
`
`None
`
`None
`
`87469568  
`
`Principal
`
`JOINTFLEX
`
`None
`
`85943290 4440295
`
`Principal OLD DOGS!
`HAPPY
`JOINTS!
`
`None
`
`LIVE
`
`LIVE
`
`LIVE
`
`LIVE
`
`LIVE
`
`  None
`
`LIVE
`
`See: 
`Footnote 2[2]
`
`See: 
`Footnote 3[3]
`
`See: 
`Footnote 4[4]
`See: 
`Footnote 5[5]
`See: 
`Footnote 6[6]
`See: 
`Footnote 7[7]
`See: 
`Footnote 8[8]
`
` 
` 
`

`

`85102048 3988644
`
`Principal DR. JOINTS
`
`None
`
`LIVE
`
`85447083 4491556
`
`76650127 3411269
`
`Principal VITAL-JOINT
`CHEWS
`Principal NATURAL
`JOINT
`
`CHEWS
`
`LIVE
`
`NATURAL LIVE
`
`See: 
`Footnote 9[9]
`See: 
`Footnote 10[10]
`See: 
`Footnote 11[11]
`
`The U.S. Patent and Trademark Office did not find the term JOINT/JOINTS to be descriptive in the above-referenced applications/registrations
`nor did it require a disclaimer of the term JOINT/JOINTS (and in some cases, did not require a disclaimer at all) and proceeded to either approve
`the applications for publication and/or publish/allow the applications and/or issue Certificates of Registration for all of them on the Principal
`Register.
`
`When applied to Applicant’s goods, it is submitted that neither does the mark “JOINTZ” immediately convey a commercial connotation of
`Applicant’s goods, nor does any of its ingredients, qualities, or characteristics.   In that regard, Applicant submits that the “JOINTZ” mark is not
`merely descriptive of its goods.
`
`Consumers will pause when encountering the JOINTZ mark for Applicant’s goods.   The genus of the goods for the JOINTZ mark will not be
`grasped without some measure of imagination.  The JOINTZ mark requires the consumer to exercise his or her imagination about Applicant’s
`goods.
`
`Therefore, consumer must use their perception and imagination to understand the JOINTZ mark is not merely descriptive because it requires the
`consumer to think about, perceive, and imagine what kind of product it could be.  A consumer must not only imagine what JOINTZ is but how
`JOINTZ could be used and what goods and/or services are offered with the mark.  Accordingly, the suggestive nature of the mark necessarily
`qualifies it as inherently distinctive.
`
`To assess the strength of a mark, courts use five categories of distinctiveness: generic, descriptive, suggestive, arbitrary, and fanciful. 
`Heartsprings, 143 F.3d at 555 (citing Two Pesos 505 U.S. at 768). A suggestive mark is a mark “which suggests rather than describes a
`characteristic of the product and requires the consumer to use imagination and perception to determine the product’s nature.” Id.   In this case,
`Applicant’s applied-for goods are not described as “JOINTZ” or “Joint” or “Joints” products, but rather for “Dietary and nutritional
`supplements; liquid nutritional supplement; dietary and nutritional supplements in the form of treats; food and feed supplements; nutraceuticals for
`use as a dietary supplement; nutritional drinks; dietary and nutritional supplement drink mix in the nature of powdered and liquid drink mixes;
`additives for feed for use as dietary nutritional supplements; medicated grooming preparations for horses, animals, and pets, namely, shampoo,
`conditioner, and moisturizing spray for hair and skin; all of the foregoing for horses, animals, and pets”.
`
`The connotations for which Applicant chose the name JOINTZ clearly suggests, rather than describes, the nature of the applied-for goods and the
`name requires consumers to use their imagination and perception to determine the product’s nature.   A consumer is left to perceive or imagine
`what the products for JOINTZ are and what they are used for, based on the consumer’s evaluation of the JOINTZ trademark and the narrative
`written about the product on each package.  See Id. Thus, JOINTZ is a suggestive mark.
`
`For these reasons, Applicant respectfully requests that the Trademark Examining Attorney recognize that the applied-for mark is not descriptive
`and is not generic to the goods for which registration is sought and issue a corresponding notice of publication.
`
`Furthermore, based upon the Intent-to-Use applications that have previously been approved for publication, published, allowed, and/or registered
`that did not require a disclaimer of the term JOINT/JOINTS, and based upon the arguments provided herein and in Applicant’s responses filed on
`June 16, 2017 and February 12, 2018, Applicant does not believe a disclaimer should be required for the subject application; however,
`notwithstanding the foregoing, Applicant will consider a disclaimer of the terms “JOINT” and/or “JOINTZ” if it would assist in the advancement
`of the application to move toward publication and allowance.
`
`LISTING OF ATTACHED EXHIBITS
`
`Applicant submits the following evidence in support of its arguments:
`
`Exhibit A:      
`
`A copy of a definition of “Nutritional Supplements”.
`
`Exhibit B:       
`
`A copy of a definition of “Dietary Supplements”.
`
`Exhibit C:       
`
`A copy of a definition of and information for “Skin Care”.
`
`Exhibit D:      
`
`A copy of definitions of “Grooming”.
`
`Exhibit E:       
`
`A copy of U.S. Patent and Trademark Office online records providing live marks that have been approved for publication,
`published, allowed, and/or registered with the term JOINT/JOINTS in the name of the mark in International Class 005. 
`(Emphasis added)
`
`

`

`CONCLUSION
`
`Applicant believes that its application is now in condition for publication and allowance.  Applicant respectfully requests that the Trademark
`Examining Attorney reconsider the present application, withdraw the rejection, and allow Applicant’s application to be allowed to proceed to
`publication and allowance.
`
`Should any outstanding issues remain, the Examining Attorney is courteously invited to contact Lisel M. Ferguson via telephone at (619)
`515-3207, or via email at lisel.ferguson@procopio.com.
`
`CONCURRENT APPEAL NOTICE
`The Applicant is filing a Notice of Appeal in conjunction with this Request for Reconsideration.
`
`Respectfully submitted,
`
`/ Lisel M. Ferguson /
`Lisel M. Ferguson
`Attorney of Record, USPTO Reg. No. 48139, State of California Bar Member
`Procopio, Cory, Hargreaves & Savitch LLP
`525 B Street, Suite 2200, San Diego, California  92101
`Telephone:  619.515.3207
`docketing@procopio.com; lisel.ferguson@procopio.com; nadine.hahn@procopio.com
`
`[1] “ FEED YOUR SKIN AND JOINTS” approved for publication on the Principal Register for Class 005 goods:  Dietary and nutritional
`supplements; Dietary and nutritional supplements containing collagen; Nutritional and dietary supplements with a cosmetic effect; Capsule
`supplements, namely, nutritional supplements in the form of a capsule; Nutraceuticals for use as a dietary supplement; Nutritional supplements;
`Nutritional and dietary supplements in the form of capsules and powders; Collagen for medical purposes , namely, supplement and nutrition
`purposes; Protein supplements. [Emphasis added.]
`[2] “ ALL-JOINTS ULTRA” allowed on the Principal Register for Class 005 goods:  Dietary supplements. [Emphasis added.]
`[3] “ JOINTGUARD SPORT” published for opposition on the principal register for Class 005 goods:  dietary and nutritional supplements;
`nutritional supplements for the treatment and prevention of osteoarthritis in humans. [Emphasis added.]
`[4] “ JOINTFIT” registered on the Principal Register Class 005 goods:  Dietary supplements, protein supplements, food supplements, and
`powdered nutritional supplement drink mixes intended to support
`joint health. [Emphasis added.]
`[5] “ JOINT VENTURE” registered on the Principal Register for Class 005 goods:  Non-medicated topical gel for the treatment of joints and
`muscles. [Emphasis added.]
`[6] “ JOINT360” allowed on the Principal Register for Class 005 goods:  Nutritional supplements for promoting joint health and mobility.
`[Emphasis added.]
`[7] “ JOINTFLEX” allowed on the Principal Register for Class 005 goods:  orally ingested nutritional supplements. [Emphasis added.]
`[8] “ OLD DOGS! HAPPY JOINTS!” registered on the Principal Register for Class 005 goods:  Nutritional supplements and vitamins for
`pets; Nutritional supplements for pets in the nature of pet treats; dietary and nutritional
`supplements in the nature of pet treats used for weight control for pets; dietary supplements for pets in the nature of pet treats. [Emphasis added.]
`[9] “ DR. JOINTS” registered on the Principal Register for Class 005 goods:  Dietary supplements. [Emphasis added.]
`[10] “ VITAL-JOINT CHEWS” registered on the Principal Register for Class 005 goods:  Dietary and nutritional supplements for pets.
`[Emphasis added.]
`[11] “ NATURAL JOINT” registered on the Principal Register for Class 005 goods:  Herbal food supplements. [Emphasis added.]
`
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`DESCRIPTION
`OF EVIDENCE
`FILE
`
`Applicant submits the following evidence in support of its arguments: Exhibit A: A copy of a definition of "Nutritional
`Supplements". Exhibit B: A copy of a definition of "Dietary Supplements". Exhibit C: A copy of a definition of and information
`for "Skin Care". Exhibit D: A copy of definitions of "Grooming". Exhibit E: A copy of U.S. Patent and Trademark Office online
`records providing live marks that have been approved for publication, published, allowed, and/or registered with the term
`JOINT/JOINTS in the name of the mark in International Class 005. (Emphasis added)
`
`SIGNATURE SECTION
`
`RESPONSE
`SIGNATURE
`
`SIGNATORY'S
`NAME
`
`SIGNATORY'S
`POSITION
`
`SIGNATORY'S
`PHONE
`NUMBER
`
`/Lisel M. Ferguson/
`
`Lisel M. Ferguson
`
`Attorney of Record, USPTO Reg. No. 48139, State of California Bar Member
`
`619-515-3207
`
`DATE SIGNED
`
`09/06/2018
`
`AUTHORIZED
`SIGNATORY
`
`CONCURRENT
`APPEAL
`NOTICE FILED
`
`YES
`
`YES
`
`FILING INFORMATION SECTION
`
`SUBMIT DATE
`
`Thu Sep 06 19:44:45 EDT 2018
`
`TEAS STAMP
`
`USPTO/RFR-XXX.XXX.XXX.XXX
`-20180906194445096936-871
`55233-6109c2a52c6aa5dbb03
`14342272327b0497120d05591
`badcab4c268527b7d9b87-N/A
`-N/A-20180906191027294697
`
`Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PTO Form 1960 (Rev 10/2011)
`
`OMB No. 0651-0050 (Exp 09/20/2020)
`
`Request for Reconsideration after Final Action
`To the Commissioner for Trademarks:
`
`Application serial no. 87155233 JOINTZ(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/87155233/large) has been amended
`as follows:
`
`ARGUMENT(S)
`In response to the substantive refusal(s), please note the following:
`
`REQUEST FOR RECONSIDERATION AFTER FINAL ACTION
`(Final Office Action Dated March 6, 2018)
`
`       
`       
`       
`       
` 
`

`

`U.S. Application Serial Number:   87/155,233
`Filing Date:  August 30, 2016
`Mark:  JOINTZ
`Applicant:   CANNALINK, INC.
`International Class:  005
`Filing Basis:  1(b) – Intent-to-Use
`Attorney Docket No. 122040-01US01
`
`RESPONSE AND ARGUMENT
`
`This Request for Reconsideration after Final Action is in response to the United States Patent and Trademark Office (USPTO) Final Office
`Action dated March 6, 2018 (“Office Action”) in relation to U.S. Application Serial Number 87/155,233   (“Serial No. 87155233”) for the Mark
`“JOINTZ” in International Class 005.
`
`Reconsideration of Serial No. 87155233 is hereby requested.  The Examining Attorney’s remarks and analysis were received and carefully
`considered.  Pursuant to the Examining Attorney’s invitation, Applicant Cannalink, Inc. (“Applicant”) hereby presents the following evidence
`and arguments in support of registration.
`
`SECTION 2(e)(1) – MERELY DESCRIPTIVE REFUSAL
`
`Applicant’s Mark is NOT Merely Descriptive Because It Does NOT Describe any Ingredient, Quality, Characteristic, Function,
`Feature, Purpose, or Use of Any of Applicant’s Goods and is NOT Generic .
`
`Trademark Examining Attorney has refused registration of Applicant's application for the mark JOINTZ alleging that the applied-for mark
`merely describes the intended use or a feature of applicant’s goods, namely, that they are for treating a part of the body that can bend where two
`bones meet and alleging that Applicant’s applied-for mark appear to be generic in connection with the identified goods and, therefore, incapable
`of functioning as a source-identifier for applicant’s goods.   Applicant respectfully disagrees and requests reconsideration of the Trademark
`Examining Attorney’s decision.
`
`Applicant reasserts its arguments submitted in its responses filed on June 16, 2017 and February 12, 2018 and respectfully submits that the
`mark is not descriptive or generic to the goods for which registration is sought and respectfully requests acceptance and publication of the
`application.
`
`Applicant’s goods do not merely describe—directly or indirectly--the intended use or a feature of Applicant’s goods.
`
`Applicant’s good are for:
`
`“Dietary and nutritional supplements; liquid nutritional supplement; dietary and nutritional supplements in the form of treats; food and
`feed supplements; nutraceuticals for use as a dietary supplement; nutritional drinks; dietary and nutritional supplement drink mix in the
`nature of powdered and liquid drink mixes; additives for feed for use as dietary nutritional supplements; medicated grooming preparations
`for horses, animals, and pets, namely, shampoo, conditioner, and moisturizing spray for hair and skin; all of the foregoing for horses,
`animals, and pets”
`
`Nowhere in Applicant’s applied-for goods does it indicate that any of the products are to benefit a joint of a horse, an animal, or a pet.
`
`Many of Applicant’s goods are intended for dietary and nutritional supplements, not for joints.
`
`Some of Applicant’s goods are intended for medicated grooming preparations for hair and skin, not for joints.
`
`Applicant respectfully offers the following information for purposes of clarification of the intended use of its goods:
`
`The definition of nutritional supplements is as follows:
`
`“Nutritional supplements are any dietary supplement that is intended to provide nutrients that may otherwise not be consumed in
`sufficient quantities; for example, vitamins, minerals, proteins, amino acids or other nutritional substances.   Products are usually ingested in
`capsule, tablet or liquid form.”   (https://www.nature.com/subjects/nutritional-supplements) (Exhibit A) [Emphasis added].
`
`The definition of a dietary supplement is as follows:
`
`“a product taken orally that contains one or more ingredients (such as vitamins or amino acids) that are intended to supplement one's diet and
`are not considered food”.   (https://www.merriam-webster.com/dictionary/dietary%20supplement) (Exhibit B) [Emphasis added]
`
` 
`  
`

`

`A definition of skin care is as follows:
`
`“Skin care is the range of practices that support skin integrity, enhance its appearance and relieve skin
`conditions…” (https://en.wikipedia.org/wiki/Skin_care) (Exhibit C) (regardless if for humans or animals).
`
`Definitions of grooming are as follows:
`
`“Horse grooming is hygienic care given to a horse,.…” (Emphasis added)
`
`“Dog grooming refers to both the hygienic care and cleaning of a dog….”  (Emphasis added)
`
`(Exhibit D)
`
`Applicant’s intended goods are for “ Dietary and nutritional supplements; liquid nutritional supplement; dietary and nutritional
`supplements in the form of treats; food and feed supplements; nutraceuticals for use as a dietary supplement; nutritional drinks; dietary and
`nutritional supplement drink mix in the nature of powdered and liquid drink mixes; additives for feed for use as dietary nutritional
`supplements; medicated grooming preparations for horses, animals, and pets, namely, shampoo, conditioner, and moisturizing spray for hair
`and skin; all of the foregoing for horses, animals, and pets”.   (Emphasis added)
`
`Nowhere in Applicant’s applied-for goods does it indicate that any of the products are intended for a joint of a horse, an animal, or a pet nor do
`any of the definitions provided above regarding the intended goods give any indication that the goods would be for joints.
`
`Rather, Applicant’s goods are intended to:
`
`“provide nutrients that may otherwise not be consumed in sufficient quantities” by a horses, animals, and pets (“for example, vitamins,
`minerals, proteins, amino acids or other nutritional substances”);
`
`“supplement” the diet of horses, animals, and pets;
`
`“support skin integrity, enhance its appearance and relieve skin conditions” of horses, animals, and pets; and
`
`provide medicated grooming products to aid in the “hygienic care and cleaning of” the hair and skin of horses, animals, and pets.
`
`The mark JOINTZ is simply a word that Applicant chose to use in connection wit