Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1159025
`09/13/2021
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Application Serial
`No.
`
`88063572
`
`Applicant
`
`ANIMAL PHARM CARE USA, INC.
`
`Notice of Appeal
`
`Notice is hereby given that ANIMAL PHARM CARE USA, INC. appeals to the Trademark Trial and Appeal
`Board the refusal to register the mark depicted in Application Serial No. 88063572.
`Applicant has filed a request for reconsideration of the refusal to register, and requests suspension of the ap-
`peal pending consideration of the request by the Examining Attorney.
`
`The refusal to register has been appealed as to the following classes of goods/services:
`- Class 003. First Use: 2018/07/17 First Use In Commerce: 2018/07/18
`All goods and services in the class are appealed, namely: (Based on Use) Pet shampoos; non-medicated
`pet ear cleansers; pet deodorants; pet deodorant sprays; non-medicated liquid pet ear cleansers; non-
`medicated pet ear cleansing preparations; non-medicatedshampoos and cleansing sprays for pets and
`animals; non-medicated preparations for pets and animals, namely, shampoos; non-medicated shampoos
`and soap sprays for animals and pets; pet ear cleaners inthe form of cleansing solutions; pet ear
`cleansers, pet fragrance spritzers, pet body sprays, and water-based body sprays for pets; (Based on In-
`tent-to-Use) Pet non-medicated conditioners for grooming pets; pet wipes impregnated with a cleaning
`preparation; pet non-medicated conditioners in the nature of rinses for grooming; products for pets and an-
`imals, namely, conditioners, hair rinses, general purpose ointments not for veterinary use, body creams,
`body soaps; skin and body topical preparations, namely, lotionsand gels for pets and ansimals; non-
`medicated skin and fur preparations for pets and animals, namely, soap, conditioners and coat, mane and
`tail cleaning preparations; none of the foregoing containing ingredients derived from industrial hemp with a
`delta-9 tetrahydrocannabinol (THC) concentration of more than 0.3 percent on a dry weight basis
`- Class 005. First Use: 2018/07/17 First Use In Commerce: 2018/07/17
`All goods and services in the class are appealed, namely: (Based on Use) Pet and animal vitamin and di-
`etary supplements; vitamin and dietary supplements for pets and animals in the form of soft chews; nutri-
`tional supplements for pets and animals; dietary, vitamin and nutritional supplements for pets and animals;
`(Based on Intent-to-Use) Vitamin and dietary supplements for pets and animals in the form of mini bites-
`and crunchy bites; medicated pet ear cleansers; medicated liquid pet ear cleansers; medicated pet ear
`cleansing preparations; medicated flea and tick shampoos;medicated pet shampoos for skin infections,
`skin conditions and skin irritations; medicated shampoos for animal skin infections, animal skin conditions
`and animal skin irritations; medicated pet conditioners for skin infections, skin conditions and skin irrita-
`tions; medicated conditioners for animal skin infections, animal skin conditions and animal skin irritations;
`medicated sprays for treatinganimal skin infections, animal skin conditions and animal skin irritations;
`medicated pre-moistened wipes for treating animal skin infections, animal skin conditions and animal skin
`irritations; medicated rinses for treating animal skin infections and animal skin conditions; medicated anim-
`al alkaline buffering formulation that cleanses, dries and acts as a preparation for antibiotic therapy; med-
`icated anti-microbial, anti-bacterial andanti-fungal cleansing and drying solution for animals; medicated al-
`kalinity buffer formulation for animals; pet medications for skin irritations, skin infections and skin condi-
`tions; medicated pet otic preparations; pre-moistened medicatedpet wipes; pet wipes for sanitizing andfor
`neutralizing odors; dermatology products for pets and animals, namely, medicated topical shampoos,
`shampoos, conditioners, body sprays, anti-inflammatory ointments, medicinal creams for skin care, medic-
`ated lotions and anit-inflammatory gels; Topical dermatological preparations for pets and animals, namely,
`for skin care; medicated, pharmaceutical and dermatological topical preparations for treatment of pet and
`animal skin conditions; topical health preparations for petsand animals, namely, medicated shampoos,
`conditioners, conditioners, liniments,medicated skin care preparations in theform of gels, sprays and oint-
`ments and medicated hair care preparations for treating dandruff and hair related issues; feed supplement
`for pets and animals; nutraceuticals for pets and animals for use as a dietary supplement for the benefit of
`digestion; nutraceuticals for use as a dietary and nutritional supplement for pets and animals; nutraceutic-
`
`
`ESTTA1159025
`09/13/2021
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Application Serial
`No.
`
`88063572
`
`Applicant
`
`ANIMAL PHARM CARE USA, INC.
`
`Notice of Appeal
`
`Notice is hereby given that ANIMAL PHARM CARE USA, INC. appeals to the Trademark Trial and Appeal
`Board the refusal to register the mark depicted in Application Serial No. 88063572.
`Applicant has filed a request for reconsideration of the refusal to register, and requests suspension of the ap-
`peal pending consideration of the request by the Examining Attorney.
`
`The refusal to register has been appealed as to the following classes of goods/services:
`- Class 003. First Use: 2018/07/17 First Use In Commerce: 2018/07/18
`All goods and services in the class are appealed, namely: (Based on Use) Pet shampoos; non-medicated
`pet ear cleansers; pet deodorants; pet deodorant sprays; non-medicated liquid pet ear cleansers; non-
`medicated pet ear cleansing preparations; non-medicatedshampoos and cleansing sprays for pets and
`animals; non-medicated preparations for pets and animals, namely, shampoos; non-medicated shampoos
`and soap sprays for animals and pets; pet ear cleaners inthe form of cleansing solutions; pet ear
`cleansers, pet fragrance spritzers, pet body sprays, and water-based body sprays for pets; (Based on In-
`tent-to-Use) Pet non-medicated conditioners for grooming pets; pet wipes impregnated with a cleaning
`preparation; pet non-medicated conditioners in the nature of rinses for grooming; products for pets and an-
`imals, namely, conditioners, hair rinses, general purpose ointments not for veterinary use, body creams,
`body soaps; skin and body topical preparations, namely, lotionsand gels for pets and ansimals; non-
`medicated skin and fur preparations for pets and animals, namely, soap, conditioners and coat, mane and
`tail cleaning preparations; none of the foregoing containing ingredients derived from industrial hemp with a
`delta-9 tetrahydrocannabinol (THC) concentration of more than 0.3 percent on a dry weight basis
`- Class 005. First Use: 2018/07/17 First Use In Commerce: 2018/07/17
`All goods and services in the class are appealed, namely: (Based on Use) Pet and animal vitamin and di-
`etary supplements; vitamin and dietary supplements for pets and animals in the form of soft chews; nutri-
`tional supplements for pets and animals; dietary, vitamin and nutritional supplements for pets and animals;
`(Based on Intent-to-Use) Vitamin and dietary supplements for pets and animals in the form of mini bites-
`and crunchy bites; medicated pet ear cleansers; medicated liquid pet ear cleansers; medicated pet ear
`cleansing preparations; medicated flea and tick shampoos;medicated pet shampoos for skin infections,
`skin conditions and skin irritations; medicated shampoos for animal skin infections, animal skin conditions
`and animal skin irritations; medicated pet conditioners for skin infections, skin conditions and skin irrita-
`tions; medicated conditioners for animal skin infections, animal skin conditions and animal skin irritations;
`medicated sprays for treatinganimal skin infections, animal skin conditions and animal skin irritations;
`medicated pre-moistened wipes for treating animal skin infections, animal skin conditions and animal skin
`irritations; medicated rinses for treating animal skin infections and animal skin conditions; medicated anim-
`al alkaline buffering formulation that cleanses, dries and acts as a preparation for antibiotic therapy; med-
`icated anti-microbial, anti-bacterial andanti-fungal cleansing and drying solution for animals; medicated al-
`kalinity buffer formulation for animals; pet medications for skin irritations, skin infections and skin condi-
`tions; medicated pet otic preparations; pre-moistened medicatedpet wipes; pet wipes for sanitizing andfor
`neutralizing odors; dermatology products for pets and animals, namely, medicated topical shampoos,
`shampoos, conditioners, body sprays, anti-inflammatory ointments, medicinal creams for skin care, medic-
`ated lotions and anit-inflammatory gels; Topical dermatological preparations for pets and animals, namely,
`for skin care; medicated, pharmaceutical and dermatological topical preparations for treatment of pet and
`animal skin conditions; topical health preparations for petsand animals, namely, medicated shampoos,
`conditioners, conditioners, liniments,medicated skin care preparations in theform of gels, sprays and oint-
`ments and medicated hair care preparations for treating dandruff and hair related issues; feed supplement
`for pets and animals; nutraceuticals for pets and animals for use as a dietary supplement for the benefit of
`digestion; nutraceuticals for use as a dietary and nutritional supplement for pets and animals; nutraceutic-
`
`
`
`als for pets and animals for dietary supplement purposes; pre-moistened medicated pet and animal wipes;
`pet and animal wipes forsanitizing and for neutralizing odors; medicated otic preparations for treatingear
`infections; pet shampoos, namely, medicated flea and tick shampoos; pet flushes and wipes impregnated
`with pharmaceutical preparations for treating skin infections, skin conditions and skin irritants; general pur-
`pose ointments for veterinary use; pet treats enhanced with nutraceuticals primarily for dietary purposes;
`none of the foregoing containing ingredients derived from industrial hemp with a delta-9 tetrahydrocan-
`nabinol (THC) concentration of more than 0.3 percent on a dry weight basis or comprised of cannabidiol
`(CBD)
`- Class 031. First Use: 2018/07/17 First Use In Commerce: 2018/07/17
`All goods and services in the class are appealed, namely: (Based on Use) Pet and animal food; petand
`animal food in the form of soft chews; edible animal treats; edible pet treats; edible chews for pets and an-
`imals in the nature of treats; pet and animal snacks; edible treats for pets and animals; (Based on Intent-
`to-Use) Pet and animal food in the form of mini bites and crunchy bites; non-medicated dental treatsfor
`pets and animals; non-medicated dental pet and animal treats; non-medical dental treats in the nature of
`non-medicated edible chews for pets and animals; pet treats in the nature of edible pet and animal bones;
`non-medicated chews and dental treats for pets and animals; noneof the foregoing containing ingredients-
`derived from industrial hemp with a delta-9 tetrahydrocannabinol (THC) concentration of more than 0.3
`percent on a dry weight basis or comprised of cannabidiol(CBD)
`- Class 035. First Use: 2018/07/17 First Use In Commerce: 2018/07/17
`All goods and services in the class are appealed, namely: (Based on Use) On-line retail store andretail
`store services featuring pet products, pet shampoos, pet hair care products, pet food, pet chews, soft
`chews, pet supplements, pet vitamins, pet dietaryand nutritional supplements, pet chews,edible soft
`chews pet treats, pet ear cleaners, pet ear cleansers, pet spritzers, pet deodorants, pet body sprays, pet
`deodorizers and water-based body sprays for pets; none of the foregoing containing ingredients derived
`from industrial hemp with a delta-9 tetrahydrocannabinol (THC) concentration of more than 0.3 percent on
`a dry weight basis or comprised of cannabidiol (CBD); online pet store; retail pet store; private label and
`reseller services, namely manufacturing and providing pet products to others for sale by others under their
`brand names and packaging; (Based on Intent-to-Use) On-line retail store and retail store services featur-
`ing pet supplies, pet clothing,pet collars, pet tags, pet leashes, petfeeding bowls, pet brushes, pet condi-
`tioners, pet medicines, pet medicated and non-medicated skin care products, pet ear cleansing otics, pet
`wipes, pet medicated shampoos and medicated hair care products, pet mini-bites and crunchy bites,pet
`dental treats, pet toys, pet crates, pet blankets and beds; none of the foregoing containing ingredients de-
`rived from industrial hemp with a delta-9 tetrahydrocannabinol (THC) concentration of more than 0.3 per-
`cent on a dry weight basis or comprised of cannabidiol (CBD)
`Respectfully submitted,
`/Daniel S. Polley/
`09/13/2021
`DANIEL S. POLLEY
`DANIEL S. POLLEY, P.A.
`8185 VIA ANCHO ROAD
`#880148
`BOCA RATON, FL 33488
`UNITED STATES
`Primary Email: dan@danpolley.com
`Secondary Email(s): betty@danpolley.com, beatrizbernal@bellsouth.net
`561-347-5955
`
`Docket Number
`
`1615.7008
`
`
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