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
`
`87199476
`
`LAW OFFICE 115
`
`MARK SECTION
`
`MARK
`
`LITERAL
`ELEMENT
`
`STANDARD
`CHARACTERS
`
`USPTO-
`GENERATED
`IMAGE
`
`MARK
`STATEMENT
`
`https://tmng-al.uspto.gov/resting2/api/img/87199476/large
`
`CREATINE GUMMIES
`
`YES
`
`YES
`
`The mark consists of standard characters, without claim to any particular font style, size or color.
`
`EVIDENCE SECTION
`
`        EVIDENCE FILE NAME(S)
`
`       ORIGINAL
`PDF FILE
`
`       CONVERTED
`PDF FILE(S)
`       (4 pages)
`
`       ORIGINAL
`PDF FILE
`
`       CONVERTED
`PDF FILE(S)
`       (8 pages)
`
`       ORIGINAL
`
`evi_1218690130-20180221193619015114_._74_21__61474_18_CREATINE_GUMMIES_request_for_reconsideration.pdf
`
`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0002.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0003.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0004.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0005.JPG
`
`evi_1218690130-20180221193619015114_._exhibit1.pdf
`
`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0006.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0007.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0008.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0009.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0010.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0011.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0012.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0013.JPG
`
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`

`

`PDF FILE
`
`       CONVERTED
`PDF FILE(S)
`       (5 pages)
`
`       ORIGINAL
`PDF FILE
`
`       CONVERTED
`PDF FILE(S)
`       (5 pages)
`
`       ORIGINAL
`PDF FILE
`
`       CONVERTED
`PDF FILE(S)
`       (8 pages)
`
`       ORIGINAL
`PDF FILE
`
`       CONVERTED
`PDF FILE(S)
`       (3 pages)
`
`       ORIGINAL
`PDF FILE
`
`       CONVERTED
`PDF FILE(S)
`       (4 pages)
`
`DESCRIPTION
`
`evi_1218690130-20180221193619015114_._exhibit3.pdf
`
`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0014.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0015.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0016.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0017.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0018.JPG
`
`evi_1218690130-20180221193619015114_._exhibit4.pdf
`
`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0019.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0020.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0021.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0022.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0023.JPG
`
`evi_1218690130-20180221193619015114_._exhibit6.pdf
`
`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0024.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0025.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0026.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0027.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0028.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0029.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0030.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0031.JPG
`
`evi_1218690130-20180221193619015114_._exhibit2.pdf
`
`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0032.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0033.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0034.JPG
`
`evi_1218690130-20180221193619015114_._exhibit5.pdf
`
`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0035.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0036.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0037.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\871\994\87199476\xml7\RFR0038.JPG
`
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`       
`

`

`OF EVIDENCE
`FILE
`
`Request for reconsideration arguments in response to Final office action of August 22, 2018 with attachments 1 through 6
`
`SIGNATURE SECTION
`
`RESPONSE
`SIGNATURE
`
`SIGNATORY'S
`NAME
`
`SIGNATORY'S
`POSITION
`
`SIGNATORY'S
`PHONE
`NUMBER
`
`/Adam C. Underwood/
`
`Adam Underwood
`
`Associate for Attorney of Record, Florida bar member
`
`3053727474
`
`DATE SIGNED
`
`02/21/2018
`
`AUTHORIZED
`SIGNATORY
`
`CONCURRENT
`APPEAL NOTICE
`FILED
`
`YES
`
`YES
`
`FILING INFORMATION SECTION
`
`SUBMIT DATE
`
`Wed Feb 21 19:45:01 EST 2018
`
`TEAS STAMP
`
`USPTO/RFR-XX.XXX.XX.XXX-2
`0180221194501963270-87199
`476-510d0673043648dfb8f54
`95e5fa6a6fa8d290ce23138f7
`32a1389dee525295a833-N/A-
`N/A-20180221193619015114
`
`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. 87199476 CREATINE GUMMIES(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/87199476/large)
`has been amended as follows:
`
`EVIDENCE
`Evidence in the nature of Request for reconsideration arguments in response to Final office action of August 22, 2018 with attachments 1 through
`6 has been attached.
`Original PDF file:
`evi_1218690130-20180221193619015114_._74_21__61474_18_CREATINE_GUMMIES_request_for_reconsideration.pdf
`Converted PDF file(s) ( 4 pages)
`Evidence-1
`Evidence-2
`Evidence-3
`Evidence-4
`Original PDF file:
`evi_1218690130-20180221193619015114_._exhibit1.pdf
`Converted PDF file(s) ( 8 pages)
`Evidence-1
`Evidence-2
`Evidence-3
`
`

`

`Evidence-4
`Evidence-5
`Evidence-6
`Evidence-7
`Evidence-8
`Original PDF file:
`evi_1218690130-20180221193619015114_._exhibit3.pdf
`Converted PDF file(s) ( 5 pages)
`Evidence-1
`Evidence-2
`Evidence-3
`Evidence-4
`Evidence-5
`Original PDF file:
`evi_1218690130-20180221193619015114_._exhibit4.pdf
`Converted PDF file(s) ( 5 pages)
`Evidence-1
`Evidence-2
`Evidence-3
`Evidence-4
`Evidence-5
`Original PDF file:
`evi_1218690130-20180221193619015114_._exhibit6.pdf
`Converted PDF file(s) ( 8 pages)
`Evidence-1
`Evidence-2
`Evidence-3
`Evidence-4
`Evidence-5
`Evidence-6
`Evidence-7
`Evidence-8
`Original PDF file:
`evi_1218690130-20180221193619015114_._exhibit2.pdf
`Converted PDF file(s) ( 3 pages)
`Evidence-1
`Evidence-2
`Evidence-3
`Original PDF file:
`evi_1218690130-20180221193619015114_._exhibit5.pdf
`Converted PDF file(s) ( 4 pages)
`Evidence-1
`Evidence-2
`Evidence-3
`Evidence-4
`
`SIGNATURE(S)
`Request for Reconsideration Signature
`Signature: /Adam C. Underwood/     Date: 02/21/2018
`Signatory's Name: Adam Underwood
`Signatory's Position: Associate for Attorney of Record, Florida bar member
`
`Signatory's Phone Number: 3053727474
`
`The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which
`includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the owner's/holder's attorney
`or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent
`not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is
`concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior
`
`

`

`representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's
`appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.
`
`The applicant is filing a Notice of Appeal in conjunction with this Request for Reconsideration.
`
`Serial Number: 87199476
`Internet Transmission Date: Wed Feb 21 19:45:01 EST 2018
`TEAS Stamp: USPTO/RFR-XX.XXX.XX.XXX-2018022119450196
`3270-87199476-510d0673043648dfb8f5495e5f
`a6a6fa8d290ce23138f732a1389dee525295a833
`-N/A-N/A-20180221193619015114
`
`        
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Application for “(TREATINE GUMMIES”
`
`Examinin- Attorne : Alicia Collins Edwards
`
`Application No: 87199476
`
`Applicant: BPI SPORTS, LLC
`
`RE UEST FOR RECONSIDERATION AFTER FINAL ACTION
`
`BPI Sports, LLC (the “Applicant”) filed the trademark application for the word mark
`“CREATINE GUMMIES” on October ll, 2016 (the “Trademark Application” or the “applied-
`for Mark”). Upon review of the Trademark Application, the Examiner Attorney issued a first
`Office Action on January 20, 2017 (the “First Office Action") refusing registration on the
`grounds that the applied-for Mark was merely descriptive. On July 19, 2017, the Applicant filed
`a Response to the Office Action in which it argued for issuance and against the examiner‘s
`rejection. On August 22, 2017, the Examiner Attorney issued a Final Action on substantially the
`same grounds as the First Office Action and rejected the arguments made in favor of allowance
`by the Applicant in its response.
`
`The Applicant respectfully disagrees with the Examiner Attorney’s refusal to allow the
`Trademark Application and register the applied-for Mark for the following reasons and hereby
`respectfully requests reexamination.
`
`Response to Section 2(e) Refusal — Merely Descriptive
`
`Registration has been refused by the Examining Attorney on the assumption that the
`applied-for Mark “merely describes characteristics of applicant’s goods and/or services”.
`
`Applicant disagrees with the position of the Examining Attorney and states the following.
`
`As the Examining Attorney well knows, to overcome such a Section 2(e)(l) refusal of
`“merely descriptive” the applicant should show that the mark is incongiuous, indefinite, or
`susceptible to multiple connotations, or requires imagination, cogitation, or gathering of further
`infonnation in order for the relevant public to perceive any significance of the term as it relates
`to a significant aspect of applicants products or services. TMEP §1209.0l(a).
`In deteiinining
`suggestiveness, courts consider a hypothetical consumer’s “mental leap” from the mark to the
`
`

`

`attributes of the described products. Unless this leap is “almost instantaneous, this strongly
`indicates suggestiveness.” See Shade ’5 Landing, Inc. v, Williams, 76 F.Supp.2d 983, 989 (D.
`Minn. 1999) (citations omitted, emphasis added); see also Glow Industries, Inc. v. Lopez, 252
`F.Supp.2d 962, 977 (C.D.Ca1. 2002), Citing Japan Telecom, Inc. v. Japan Telecom America, Inc,
`287 F.3d 866, 873 (9th Cir. 2002).
`In other words, if one must exercise “mature thought or
`follow a multi-stage reasoning process,” then the mark is suggestive. See In 7” Tennis in the
`Round, Inc, 199 U.S.P.Q. 496 (T.T.A.B. 1978); see also Tanel Conn. v. Reebok Inf’l, Lid, 774
`F. Supp. 49 (D.Mass. 1990) (360“ found to be suggestive of sports shoes because one must use
`considerable imagination to remember that 360‘ is the number of degrees in a circle, connect that
`circle to movement and imagine that the mark connotes the ability to pivot in the shoe for a full
`circle).
`
`Similar to the case of Tanel Corp. v. Reebok Inf’l, Ltd, in the Applicant’s case, a multi-
`stage reasoning process is required to connect the applied-for Mark “CREATINE GUMMIES”
`to the Applicant’s dietary and nutiitional supplements in class 5, as the applied-for Mark is too
`vague and nebulous to immediately describe a significant feature or characteristic of the
`identified dietary and nutritional supplement, and, therefore, is a clear indication that the applied-
`for Mark is suggestive.
`
`Indeed, the consumers confronted with the goods might not, at first, realize that the goods
`are nutritional supplements as gummies are not necessarily, and even rarely, dietary or
`nutritional supplements.
`Something “gummy” is defined as something “viscous, sticky,
`consisting or of containing gum, or covered with gum”. See exhibit 1. The composition of
`gummies does not usually contain, and in fact almost never contains any creatine. For contrast,
`gummies contain, in order to be chewy, viscous and sticky, ingredients such as gummi arabicum,
`gelatin or starch. See exhibits 2 and 4. Gummies are very colorful candies designated to be
`attractive to children. See exhibits 3 and 4. A Google Image search for “gummies” gives around
`300 results with only approximately 25 related to adult nutritional supplements presented under
`the form of gummies, and only 1 in the first 50 results. See exhibit 3. This is clear evidence that
`the term “gummies” is not merely descriptive of dietary and nutritional supplements.
`
`the word “creatine” could also be perceived as carrying several potential
`Besides,
`meanings as it is very close (both verbally and visually) to the word “creative”. Taken as a
`whole, the applied-for Mark may then refer to the surprising idea of creative candies, which
`would be absolutely non-descriptive of the product. The possibility to understand the applied-for
`Mark as “creative candies” or “adult athletes’ supplements/candies for children” demonstrates
`that the applied-for Mark is at worst suggestive, and more than likely distinctive.
`
`Even if the two elements of the applied-for Mark would be considered descriptive by
`themselves, the combination of two descriptive terms creates a unitary mark with an unique,
`incongruous, or otherwise nondescriptive meaning in relation to the goods and/or selvices. See
`In re Colonial Stores, Inc, 394 F.2d 549, 551, 157 USPQ 382, 384 (C.C.P.A. 1968);In re
`Posirec Gi‘p. Ltd, 108 USPQ2d 1161,
`1 162-63 (TTAB 2013).
`In the case at hand, the two tenns
`of “GUMMIES” and “CREATINE” provide for a mark that has an unique, incongruous and non-
`descriptive meaning in relation to dietary and nutrional supplements. See In re Colonial Stores,
`
`

`

`Inc, 394 F.2d 549, 551, 157 USPQ 382, 384 (C.C.P.A. 1968);In re Positec Grp. Ltd, 108
`USPQ2d 1161, 1162-63 (TTAB 2013).
`
`In connection with the word “creatine”, the word “gummies” creates an effect of surprise
`in the mind of the consumer. No product on the market is designated as “creatine gummies”.
`See exhibit 5. Although children are the first
`targeted consumers of gummies by candy
`111anufacturors, in supplements they would never be targeted because creatine has been found to
`be detiimental to children. See exhibit 6.
`
`The word “gummies” does not refer to nutritional supplements, and the applied-for Mark
`taken as a whole is not descriptive of the products.
`Indeed, a Google Shopping search for
`“creatine gummies” does not give any relevant results. Among the only 8 results, none features
`gummies (that would be designated as “gummies”) containing creatine. See exhibit 5.
`
`In other words, in the Applicant’s case, a multi-stage reasoning process is required to
`connect
`the applied-for Mark “CREATINE GUMMIES” to the Applicant’s dietary and
`nutritional supplements in class 5, as the applied-for Mark is too vague and nebulous to
`immediately describe a significant
`feature or characteristic of the identified dietary and
`nutritional supplement, and,
`therefore,
`is a clear indication that
`the applied-for Mark is
`suggestive.
`
`As a suggestive mark cannot, by definition, be generic of the products or se1vices, the
`applied-for Mark is not geneiic, contrary to what is stated by the examining attorney. For all the
`above-mentioned reasons, genericity could in no case be a ground to reject the applied-for Mark,
`and especially because “gummies” is not the genelic term for nutritional supplements under the
`foiin of gelatin candies. “Gummies” is rather the generic term for gelatin candies for children,
`which the designated goods are not. See exhibits l to 6.
`
`The Examining Attorney is reminded that in the case where there would be a doubt
`regarding the fact whether a mark is descriptive or suggestive, courts have decided that such
`
`“doubt should be resolved in favor of a
`licant in holdin the telin merel
`su
`estive of a
`
`possible end result of the use of applicant’s goods”. See In re JWerri/I Lynch, Pierce, Fenner,
`and Smith, Inc. 828 F.2d 1567, 56 USLW 2204, 4 U.S.P.Q.2d 1141 (1987).
`In the present case,
`the “end result of the use of Applicant’s goods” demonstrate, as shown supra, that the applied-
`for Mark is suggestive. See also Gourmet Bakers, Inc., 173 USPQ 565 (TTAB 1972): “[t]he
`distinction between marks which are ‘merely descriptive’ and marks which are ‘suggestive’ is so
`nebulous that more often than not it is determined largely on a subjective basis with any doubt in
`the matter being resolved in applicant's behalf on the theoiy that any person who believes that he
`would be damaged by the registration will have an opportunity under Section 13 to oppose the
`registration of the mark and to present evidence, usually not present in the ex parte application,
`to that effect”. See also In re Aid Laboratories, Inc, 221 USPQ 1215, 1216 (TTAB 1983)
`stating that “where there is doubt on the matter
`the doubt should be resolved in applicant’s
`behalf and the mark should be published”. See also In re The Gracious Lady Service, Inc, 175
`USPQ 380 (TTAB 1972) stating that “[i]t is recognized that there is a large gray area in
`
`determining the desc1iptiveness of a mark, and. where reasonable men may differ it has been the
`practice to resolve such doubt in an applicant's behalf and publish the mark”. See also In re
`
`

`

`Diamond Pacific T00] (7017]., 113 F.3d 1257 (Table), 1997 WL 235315 stating that “where doubt
`
`exists as to Whether a mark is descri tive such doubt should be resolved in favor of the
`
`applicant” (emphasis added in all this paragraph).
`
`the applied-for Mark “CREATINE
`Here Apllicant has presented evidence that
`GUMMIES” taken as a whole creates a strong doubt regarding the fact whether the applied-for
`Mark is descriptive or suggestive and thus such doubt should be resolved in favor of Applicant in
`holding the term merely suggestive ofa possible end result of the use of Applicant’s goods.
`
`Accordingly, Applicant’s applied-for Mark “CREATINE GUMMIES” should be
`registered.
`
`CONCLUSION
`
`the applied-for Mark is
`is respectfully submitted that
`it
`In view of the foregoing,
`registrable and should proceed to publication and be registered in the principal register. If any
`issues remain, the Examining Attorney is invited to contact App licant’s attorney.
`
`DATED: February 21. 2018
`
`Respectfully submitted,
`[S'Adam C. Underwood
`
`Associate for Attorney of Record
`
`

`

`EXHIBIT 1
`
`

`

`212112018
`
`Gummy | Definition of Gummy by Merriam-Webster
`
`
`
`Instant Grammar Checker
`umm 9mm"?
`Trusted by oven 4 million Staci-Hts
`(9
`g
`fecuity. aha otofessmha s woridwide,
`| gum-m!
`adjective
`Popularity: Bottom 30% ofwords
`i Updated 0h: 19 Feb 2018
`
`‘
`
`®®@®@0
`
`Examples: GUMMY in a Sentence v
`
`Definition of GUMMY
`
`gummier:
`
`gummiest
`
`1
`
`2
`
`: Viscous, STICKY
`
`a : consisting of or containing gum
`b : covered with gum
`
`—gumminess noun
`
`First Known Use: 14th century
`SEE WORDS FROM THE SAME YEAR >
`
`See gummy defined for English-language learners
`
`See gummy defined for kids
`
`Explore Merriam-Webster
`
`[I his, Wmd :v lhe Veer \
`
`2017 Word of the
`Year: Behind the
`Scenes
`
`Trending: 'Unwitting'
`and 'Hoax' Spike
`After Russians’
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`Namesakes Word
`Quiz
`
`A Drudge of
`Lexicographers
`Presents: Collective
`
`.nples of GUMMY in a Sentence
`
`How did you get your hands so gummy?
`
`the outside of the bottle was gummy with old dribbles of salad oil
`
`Recent Examples of GUMMY from the Web
`
`httpsjlwww.merriam—webster_comldictionarylgummy
`
`117
`
`

`

`212112018
`
`Gummy | Definition of Gummy by Merriam-Webster
`
`—Tim Rohan, Sl.com, "Strip Clubs, CTE Talk and a CBD Sales Pitch: A Weekend Inside Warren Sapp's World," 291an. 2018
`
`The soles of my sneakers stuck to the gummy floors of the movie houses.
`— S. Kirk Walsh, Longreaa‘s, "From One Friendship, Lessons on Life, Death, AIDS and Childlessness," 22Jan. 2018
`
`On the gummy side, Squish Brainstorm candies are perfectly squishy and compulsively Instagrammable.
`—A|iza Abarbanel, Bon Appetit, "8 Halloween Candies That Aren’t Total Junk Food," 20 Oct. 2017
`
`9
`These example sentences are selected automaticallyfrom various oniine news sources to reflect current usage of the word 'gummy.’ Views expressed in the examples do not
`represent the opinion of Memam~Web5ter or its editors. Send us feedback.
`
`First Known Use of GUMMY
`
`14th century
`
`SEE WORDS FROM THE SAME YEAR >
`
`GUMMY Synonyms
`
`Synonyms
`adherent, adhesive, clingy, gluey, glutinous, sticky, tacky, tenacious, viscid
`
`Anfnnumt
`
`®
`
`GUMMY Defined for English Language Learners
`
`gumm 1t
`adjective
`
`Definition of GUMMY for English Language Learners
`
`: made of, containing, or covered with gum or a sticky or chewy substance
`
`GUlvll‘A‘f Lissfineti for Kids
`
`gummy it
`adjective
`|
`gum-my
`i
`\'ge-me\
`
`Definition of GUMMY for Students
`
`gummier;
`
`gummiest
`
`: consisting of or covered with gum or a sticky or chewy substance
`
`httpsjlwww.merriam—webstercomldictionarylgummy
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`Gummy | Definition of Gummy by Merriam-Webster
`
`adjective
`
`|
`
`gum-my
`
`l
`
`\‘gem-é\
`
`Medical Definition of GUMMY
`
`gummier;
`
`gummiest
`
`1
`
`2
`
`: consisting of or containing gum
`
`: being viscous or sticky
`
`Learn More about GUMMY
`
`See words that rhyme with gummy
`Thesaurus: All synonyms and antonyms for gummy
`Spanish Central: Translation ofgummy
`Nglish: Translation ofgummy for Spanish speakers
`
`Seen and Heard
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`What made you want to look up gummy? Please tell us where you read or heard it (including the quote, if possible).
`
`1- SHOW 1 COMMENT
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`MERRIAM-WEBSTER UNABRIDGED
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`WORD OF THE DAY
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`demarcate 1»-
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`1 hoax, unwitting
`'not knowing' or 'not intended“
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`'reflecting English and American jurisprudence'
`3 sartorial
`'of or relating to clothes'
`
`4 whipsaw
`'to beset or victimize in two opposite ways at once'
`treaso n
`
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`Gummy | Definition of Gummy by Merriam-Webster
`
`gummosity
`
`gummous
`
`gummy
`
`gummy shark
`
`gum olibanum
`
`SEE ALL )
`
`BROWSE DICTIONARY
`
`TEST YOUR VOCABULARY
`
`Namesakes Word Quiz
`
`Which of the following is a fruit named after a Moroccan seaport?
`
`
`
`[
`orange
`]
`[
`nectarine
`]
`
`[
`Clementine
`]
`[
`tangerine
`J
`
`Can you spell these 10 commonly misspelled words?
`TAKE THE QUIZ >
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`SPELL
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`IT
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`WORDS AT 9LAY
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`Gummy | Definition of Gummy by Merriam-Webster
`
`Hunger 'Pangs' or Hunger
`'Pains'?
`
`Let's make a meal out of it.
`
`alt—5a8c360499847
`
`Those Were the Days: On
`'Nostalgia‘
`When missing home was a
`disease
`
`alt-SaBadebIOfaS
`
`Can You Feel 'Nauseous'?
`
`Or is it just nauseated?
`
`ASK THE EDITORS
`
`image1760257654
`
`2017 Word of the Year: Behind
`the Scenes
`
`How we chose 'feminism'
`
`video-title-words—of-the-year-
`1066
`
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`Gummy | Definition of Gummy by Merriam-Webster
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`Words of the Year: 1066
`
`Or, Why Pig Meat is Called 'Pork'
`and Cow Meat is Called 'Beef'
`
`video—irregardless—gra mmar—
`peeve—blend—of-the-synonyms-
`irrespective-and»regard less
`
`lrregardless
`It is in fact a real word (but that
`doesn't mean you should use it).
`
`WORD GAMES
`
`a—citrus-fruit—possibly—named-
`after-a-person
`
`Namesakes Word Quiz
`When names become words and
`then we ask you about them.
`TAKE THE QUIZ >
`
`happy-valentines-day
`
`Valentine's Day Quiz
`A quiz for lovers and haters
`
`TAKE THE QUIZ )
`
`Spell It
`
`Spell It
`Can you spell these 10 commonly
`misspelled words?
`
`httpsjlwww.merriam—webster_comldictionarylgummy
`
`617
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`2IZ1l201B
`
`Gummy | Definition of Gummy by Merriam-Webster
`
`Learn a new word every day. Delivered to your inbox!
`
`Your email address
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`NGLISH - SPANISH-ENGLISH TRANSLATION
`
`SPANISH CENTRAL
`LEARNER‘S ESL DICTIONARY
`WORDCENTRAL FOR KIDS
`VISUAL DICTIONARY
`SCRABBLE'E WORD FINDER
`MERRIAMVWEBSTER‘S UNABR‘IDGED DICTIONARY
`BRITANNICA ENGLISH - ARABIC. TRANSLATION
`
`httpsjlwww.merriam—webstercomldictionarylgummy
`
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`EXHIBIT 3
`
`

`

`gummies - Google Search
`
`https://Www.g00gle.comfsearch?q:gummies&newwind0w:1&tbm:isc..,
`
`an age lummies
`All
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`
`Images
`
`Videos
`
`News
`
`More
`
`Settings
`
`Q
`Touls
`
`SafeSearch
`
`pink
`
`red
`
`blue
`
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`
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`giant
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`cute
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`L
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`hamburger
`
`sushi
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`pizza
`
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`
`vodka
`
`soda
`
`rainbow
`
`green
`
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`2/21/2018, 11:31 AM
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`

`

`gummies - Google 8 earch
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`https: ”WWW. goo gle. com/search? q:gummies&newwindow: 1 &tbm:isc. .,
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`2/21/2018, 11:31 AM
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`

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`gummies - Google Search
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`4of4
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`EXHIBIT 4
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`

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`1123l2018
`
`Gummi candy -Wikipedia
`
`WIKIPEDIA
`
`Gummi candy
`
`Gummis or jelly candies are a broad category of gelatine—based chewable
`
`sweets. Gummi bears are widely popular and are a well-known part of the
`
`sweets industry. Gummies are available in a wide variety of shapes including
`
`bears, bottles, worms, frogs, hamburgers, sharks, toy soldiers, full-size rats,
`
`large human body parts (such as hearts and feet), Ampelmannchen (the little
`
`figures on pedestrian traffic lights in the former GDR, Eastern Germany) and
`
`even the Smurfs. Various brands such as Haribo, Betty Crocker, Disney and
`
`Kellogg's manufacture various forms of Gummi snacks, often targeted at young
`
`children. The candy and the name "gummi" originated in Germanylll
`
`Contents
`
`History
`
`Types of gummies
`Bears
`Bottles
`
`Rings
`Red frogs
`Road kill gummies
`Teeth gummies
`Worm gummies
`Shark gummies
`Vitamin gummies
`
`Health considerations
`
`See also
`
`References
`
`External links
`
`History
`
`Gummy candy
`h.)
`
`
`
`
`
`Collection of gummy candies at a
`market
`
`Alternative
`names
`
`Type
`
`Place of
`
`origin
`
`Gummies, jelly
`sweets
`
`Confectionery
`
`Germany
`
`Created by
`
`Hans Riegel Sr.
`
`Main
`
`Gelatin
`
`ingredients
`Variations
`
`Gummi bear, gummi
`worms
`
`33:3 Cookbook: Gummy candy .3)
`Media: Gummy candy
`
`I Gummies have a long history as a popular confectionery. The first gelatin based candy was the gummi bear,
`introduced by Haribo in 1920.91
`- Haribo produces over 80 million bears a day.
`- Disney capitalized on making a children's show with gummy based characters in 1985 called Disney's Adventures of
`the Gummi Bears.
`
`- Gummy bears are now consumed worldwide as a sweet or sour treat.
`
`Types of gummies
`
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`Bears
`
`Gummi candy -Wikipedia
`
`The gummi bear originated in Germany, where it is popular under the name
`
`Gummibdr (rubber bear) or Gummibdrchen (little rubber bear). Hans Riegel
`
`Sr., a candy maker from Bonn, produced these sweets under the Haribo
`
`Cola bottles are sweets in the shape of classic Coca—Cola—style bottles with a
`
`company, which he started in 1920.
`
`Bottles
`
`cola flavor. They are produced by numerous companies. "Fizzy Blue Bottles",
`
`made by Lutti (formerly part of the French division of the Leaf Candy
`Company, now controlled by a private investment group), are sweets typically
`
`found in a pick and mix selection. These are very similar to cola bottle
`
`gummies in shape, but they are usually sour and coloured blue and pink. "Blue
`
`.
`.
`Harlbo gummy bears were the first
`gummi candy ever made.
`
`Bottles", a variation from another company, are identifiable by the small rims
`
`around the Sides, and are chewier and thicker, with a sweeter taste.
`
`Rings
`
`Ring-shaped gummi candy is often covered in sugar or sour powder. The most
`
`common and popular flavor is the peach ring. Other flavors include green
`
`apple, melon, blue raspberry, strawberry, and aniseed - although these are
`
`A cola bottle gummi candy,
`
`typically coated in chocolate. A commonly known producer of gummi rings is
`Trolli, for which the gummi rings are an important asset.[3l
`
`alongside a gummi hOt (109, pizza,
`hamburger, and box Of fries.
`
`Red frogs
`
`In Australia, jelly confectionery in the shape of frogs has been very popular since the 1930s. They are colored red or green,
`
`although they are usually referred to as ”red frogs". These have influenced the shape, structure, consistency and formula
`
`that makes gummy bears.
`
`Road kill gummies
`
`In February 2005, following complaints by the New Jersey Society for the Prevention of Cruelty to Animals, Kraft decided
`
`to stop production of the controversial Trolli U.S. Road Kill Gummies. The society complained that the products, shaped
`
`as partly flattened squirrels, chickens and snakes, would give children an incorrect message on the proper treatment of
`animals .[4]
`
`Teeth gummies
`
`In Australia, jelly confectionery in the shape of teeth has been very popular since the 19303. They are colored pink and
`
`white, with pink representing the gums and teeth being white. They have a slight minty flavor, similar to mint toothpaste.
`
`Worm gummies
`
`There are many types of Gummy Worms, and Trolli produces glow worm gummies, with glowing color and sour sugar,
`
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`
`Shark gummies
`
`There are also many types of gummy sharks but the blue and white ones are the most popular.
`
`Vitamin gummies
`
`There are also several multi—vitamin gummi bears, usually marketed for children, such as Flintstones Chewable
`
`Vitamins.[5] These form of vitamins give off nutrients and protein for those that do not swallow pills or need various
`supplements to stay healthy.
`
`Health considerations
`
`Gumrnies landed on the "What's out in 2009" list for some Canadian schools, along with chocolate, fudge, chocolate
`
`coated nuts and fruit, bubble gum, lollipops, toffee, jelly beans, marshmallows, sherbet, and Turkish delight.[6] An audit in
`Victoria, British Columbia, was planned for 2009 to ensure the government banned the selling of the confectionery treat in
`
`school stores and vending machines as directed.[6]
`
`Scientists have studied adding the tooth-protecting sugar substitute xylitol to gummies to fight tooth decaym
`
`Choking risks are higher with gummi candies; research shows that "hard, round foods with high elasticity or lubricity
`
`properties, or both, pose a significant level of risk," especially to children under three years of agem This can be resolved
`with the Heimlich maneuver.
`
`See also
`
`I Gummy (disambiguation)
`. Fruit Gems
`
`I Gumdrop
`I
`Jelly baby
`I Quince cheese
`I Swedish fish
`
`I
`
`Jelly bean
`
`References
`
`1. Magazine, Bon Appetit. "A Brief History of Gummy Bears - Bon Appétit" (http:l/www.bonappetit.com/entertaining-style/
`pop-cuIture/article/history-gummy-bears). Bon Appétit. Retrieved 2016-10-13.
`
`2. "Gummy Candy Info | HARIBO" (httpszllwww.harib0.com/enUS/consumer—information/gummies/general—inforrnation.ht
`ml). wwwharibocom. Retrieved 2016-09-27.
`
`3. "Trolli - trolliapfelringe2259" (http://tro||i.de/trolliapfelringe225g.php). Trolli.de. Retrieved 2011-12-15.
`
`4. "Trolli Road Kill dies under pressure from animal activists" (http://www.highbeam.com/doc/1G1-131994663.htm|).
`Candy Business. 1 March 2005. Retrieved 19 February 2010.
`
`5. "Flintstones Vitamins | Multivitamins & Supplements for Kids" (httpszllwwwflintstonesvitamins.com/).
`wwwflintstonesvitamms.com. Retrieved 2016-09-27.
`
`6. "Schools join in healthy eating" (http://www.stawe|ltimes.com.au/news/local/news/general/schools-join-in-healthy-eatin
`g/1369048.aspx). The Stawell Times News. 25 November 2008. Retrieved 19 February 2010.
`
`7. "Gummy Bears Can Fight Cavities" (http://living.oneindia.in/health/chiId-nutrition/ZOOS/gummy-bears-snacking-tooth-d
`ecay-290708.html). Onelndiain. ANI. 2008. Retrieved 19 February 2010.
`
`8. htip:l/www.ijporlon|ine.com/article/SO165-5876%2808%2900129-8/abstract
`
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`Gummi candy -Wikipedia
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`External links
`
`- Gummy candies being made in a fac