Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1088740
`
`Filing date:
`
`10/14/2020
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`Applicant
`
`88625423
`
`Hungry Pet Nutrition LLC
`
`Applied for Mark
`
`SUPERFOODS FOR SUPERDOGS
`
`Correspondence
`Address
`
`Submission
`
`Attachments
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`MOLLY B MARKLEY
`YOUNG BASILE HANLON & MACFARLANE PC
`3001 WEST BIG BEAVER
`SUITE 624
`TROY, MI 48084-3107
`UNITED STATES
`Primary Email: docketing@youngbasile.com
`Secondary Email(s): kayvon@youngbasile.com, markley@youngbasile.com
`248-649-3333
`
`Appeal Brief
`
`01138558.PDF(220842 bytes )
`01138344.PDF(399233 bytes )
`01138345.PDF(2091874 bytes )
`01138346.PDF(2846771 bytes )
`01138347.PDF(243561 bytes )
`01138349.PDF(795113 bytes )
`01138350.PDF(2765442 bytes )
`01138351.PDF(404493 bytes )
`01138361.PDF(1788024 bytes )
`01138352.PDF(336772 bytes )
`01138353.PDF(1433186 bytes )
`01138354.PDF(273172 bytes )
`01138355.PDF(2705420 bytes )
`01138356.PDF(1128655 bytes )
`01138365.PDF(1003215 bytes )
`
`Molly B. Markley
`
`markley@youngbasile.com
`
`/Molly B. Markley/
`
`10/14/2020
`
`

`

`HPET- IOU—TM
`
`Serial Number 88625423
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant:
`
`Trademark:
`
`HUNGRY PET NUTRITION LLC
`
`SUPERFOODS FOR SUPERDOGS
`
`Serial Number:
`
`88625423
`
`Filing Date:
`
`September 20, 2019
`
`Examining Attorney:
`
`Miroslav Novakovic
`
`Law Office No. 108
`
`To:
`
`Commissioner for Trademarks
`
`PO. BOX 1451
`
`Alexandria, VA 22313—1451
`
`APPLICANTS APPEAL BRIEF
`
`This is an appeal of the Examining Attorney’s final refusal to register Appiicant’s above—
`
`identified mark in the Final Office Action dated January l9, 2020. Applicant respectfully
`
`requests the Trademark Trial and Appeal Board to reverse the Examining Attorney’s decision.
`
`ISSUE:
`
`Whether Applicant’s mark SUPERFOODS FOR SUPERDOGS is
`
`iikely to cause
`
`confusion in the marketplace with the mark SUPERFOOD SNACKS FOR DOGS in US.
`
`Registration No. 5724123.
`
`FACTS:
`
`The application to register Applicant’s mark was filed on September 20, 2019. The
`
`Examiner refused reconsideration of the refusal. On December 3, 2019 the Examining Attorney
`
`issued an Office Action refusing registration of Applicant’s mark based on the prior U.S.
`
`Registration No. 5724123. Applicant filed its response on December 21, 2019 submitting
`
`{YBzOIBSlSSDDCX }
`
`

`

`HPET—lOO—TM
`
`Serial Number 88625423
`
`arguments that there was no likelihood of confusion. On January 19, 2020, the Examining
`
`Attorney issued the Final Office Action. Applicant fiied an amendment to the drawing and
`
`limitation of the goods in its Request for Reconsideration on January 27, 2019. On February 18,
`
`2020, the Examining Attorney denied the Request for Reconsideration. On April 10, 2020,
`
`Applicant filed another Request for Reconsideration with additional supporting evidence to show
`
`the widespread use of the shared term SUPERFOOD in the industry. Again, the Examiner
`
`denied the Request on May 12, 2020 indicating Applicant did not show use of the term in
`
`Applicant’s industry. On July 15, 2020, Applicant submitted another Request for
`
`Reconsideration with additionai evidence showing the use of the shared term in the pet industry
`
`specifically. Additionally, Applicant filed a Notice of Appeal. On August 12, 2020, the
`
`Examiner denied the Request. Accordingly, on August 19, 2020, this Appeal resumed.
`
`ARGUMENTS:
`
`The Examining Attorney has refused registration of applicant’s mark SUPERFOODS
`
`FOR SUPERDOGS based on the prior application for the mark SUPERFOOD SNACKS FOR
`
`DOGS. While Applicant can understand the reasoning of the Examining Attorney, Applicant
`
`submits that there is no likelihood of confusiou due to the differences in the marks.
`
`0 The common term, “Superfood” is weak and widely used in connection
`
`with the goods: The shared term “superfood(s)” is widely used in the
`
`marketplace and the scope of protection afforded to a “weak” term is limited
`
`so that others can use the term when combined with other matter.
`
`a The addition of SUPERDOGS is unique and is enough to distinguish the
`
`marks from one another: The addition of the SUPERDOGS to the mark and
`
`the lack of use of the term “snacks” is enough to create a different commercial
`
`{YB:01138153.DOCX }
`
`

`

`HPET— iOO-TM
`
`Serial Number 88625423
`
`impressiou and avoid confusion in the marketplace.
`
`There are several factors used to determine whether likelihood of confusion exists
`
`between two marks. Primarily, the factors include the similarity of the marks in their entirety as
`
`to appearance, sound, connotation, and commercial impression, the similarities of the goods and
`
`services, the similarity of the trade channels, sophistication of the purchaser, the strength of the
`
`prior mark, the number and nature of similar marks used on similar goods/services, any actual
`
`confusion, and other factors probative of the effects of use. In re Dapom‘ de Nemonrs and
`
`Company, 177 USPQ 563 (CCPA 1973).
`
`I.
`
`The term shared by both marks is a relatively weak term.
`
`The Examining Attorney determined that confusion was likely between the marks
`
`because the Examiner believes that the marks are similar in sight, sound, appearance and
`
`commercial impression due to the fact that both marks contain the term “superfoods” and “for
`
`...dogs”. However, the only similarity between the marks is the use of this highly descriptive
`
`and widely used term.
`
`The Board has stated that it is settled that:
`
`Highly suggestive terms, because of their obvious connotation and
`
`possible frequent employment in a particular trade as part of trade
`designations, have been considered to fall within the category of
`“weak” marks, and that the scope of the protection afforded to these
`marks have been so limited as to permit the use and/or registration
`of the same mark for different goods or a composite mark
`encompassing this term plus other matter whether such matter be
`equally suggestive or even descriptive ofrhe same or similar goods.
`Industrial Adhesive Company v Borden, Inc, 218 USPQ 645 (TTAB
`
`E983) emphasis added, quoting Standard Brands Inc. v. Peters, 191
`
`USPQ. 168, 172 (TTAB 1975).
`
`{vaonaszssoocx }
`
`

`

`HPET— ZOO—TM
`
`Seriai Number 88625423
`
`In Industrial Adhesive, the Board found that no likelihood of confusion exists between the
`
`mark WONDER BOND PLUS for adhesives and the mark BOND PLUS for adhesives. The Board
`
`stated that:
`
`Despite the certain obvious similarities in the appearance, sound and
`connotation (i.e., the fact that Opposer’s mark “BOND PLUS” is
`
`completely encompassed within the Applicant’s “WONDER
`BOND PLUS”, the latter only differing by a somewhat laudatory
`prefix term “wonder”),
`the Board does not believe
`that
`
`contemporaneous use of these marks would be likely to cause
`confusion or mistake. This is primarily because Opposer’s “BOND
`PLUS” mark is so highly suggestive products that
`it may be
`regarded as a ‘weak’ mark such that addition of other matter even of
`
`in our judgment, be
`a suggestive or laudatory character would,
`capable of distinguishing “BOND PLUS” from other adhesive
`marks in the mind of the consuming public. Id, at 951.
`
`In re Melaro v Pfizer, Inc, 214 USPQ 645 (TTAB 1982), the Court found no likelihood
`
`of confusion exists by the use of the mark SILK for bath and body creams, lotions, oils,
`
`cosmetics and other beauty products and the mark POLYSILK and SILKSTICK also for lotions
`
`and lipsticks. In coming to this decision, the Court found that there were a large number of third
`
`parties who have adopted and use marks containing the word “silk” or a derivation of the work
`
`“silk” for cosmetics or related products.
`
`Again, in Rocket Trademark Pty. Ltd, v. Phard S.p.A., 98 USPQ 2d 1066 (TTAB 2011),
`
`the Board determined that no confusion was likely between the marks ZU ELEMENTS and
`
`ELEMENT, both used on identical goods. The Board considered numerous third—party
`
`registrations incorporating the term “element” on simiiar goods in concluding that the marks
`
`were not simiiar. They found that “element” was “weak” and the additional terms were enough
`
`to distinguish the marks.
`
`{YB:01138153.DOCX }
`
`

`

`HPET— IOU—TM
`
`Serial Number 88625423
`
`In the case at hand, the common portions of the marks are the terms “superfood(s)” and
`
`“for.” With reference to the Examiner’s evidence in the Office Action dated December 3, 2019,
`
`(resubmitted herein as Exhibit 1), the term “superfoods” is defined as “foods that are thought to
`
`be nutritionaily dense and thus good for one’s heath.” Additionally, the term “superfood” is
`
`widely used and disclaimed in numerous U.S. registrations for use in connection with food
`
`products (TESS records resubmitted herein as Exhibits 2 and 3) and is a widely used term in the
`
`relevant field of pet food by others in the industry (submitted herewith as Exhibits 4~i3).
`
`The CAFC most recently affirmed this principle in Juice Generation, Inc. v. GS Enters.
`
`LLC, 115 U.S.P.Q.2d 1671, 1672 (Fed. Cir. 2015). In reversing a finding of likely confusion
`
`between use of the marks PEACE LOVE AND JUICE & Design for juice bars and PEACE
`
`LOVE for restaurants, the Court concluded that the Board did not adequately weigh the
`
`weakness of the opposer’s mark in Eight of the substantial number of third—party registered marks
`
`incorporating the phrase “Peace and Love.” The Court discounted the lack of evidence on the
`
`extent and impact of such use, finding evidence of third—party registrations “powerful on its face”
`
`to Show “the phrase PEACE & LOVE carries a suggestive or descriptive connotation.” 115
`
`U.S.P.Q.2d at 1674. Accord, Jack Wolfskin Ausmstungfu Draussen GmbH & Co. KGaA v. New
`
`Millenium Sports, S.L.U., 116 U.S.P.Q.2d 1129, 1131 (Fed. Cir. 20i5) (Board erroneously
`
`discounted third—party registrations and use of marks with paw print designs and the consequent
`
`“relatively narrow scope of protection afforded to marks involving paw prints”).
`
`Due to the frequent use in the marketplace, the SUPERFOOD portion of the mark is not a
`
`strong or dominant feature of the mark in itself and, therefore should not be entitled to broad
`
`protection against marks that differ in wording. Fleerwood Co. v. Mende, 132 U.S.P.Q. 458
`
`(CCPA 1962) (“Where a party uses a weak mark, his competitors may come cioser to his mark
`
`{YB:01135153.DOCX }
`
`

`

`HPET—lOO-TM
`
`Serial Number 88625423
`
`than would be the case with a strong mark without violating his rights”); In re Broadway
`
`Chicken, Inc, 38 U.S.P.Q.Zd 1559, 1565—66 (TTAB 1996) (Evidence of widespread third-party
`
`use, in a particular field, of marks containing a certain shared term is competent to suggest that
`
`purchasers have been conditioned to look to the other elements of the marks as a means of
`
`distinguishing the source of goods or services in the field”).
`
`Widespread use of the term “superfood(s)” on marks used in connection with food
`
`products has weakened the term as an indicator of source. Marks using the term “superfood” for
`
`food therefore should not be entitled to broad protection against noncompetitive uses or against
`
`marks that differ in wording. Fleerwood Co. v. Mende, 132 U.S.P.Q. 458 (CCPA 1962) (“Where
`
`a party uses a weak mark, his competitors may come closer to his mark than would he the case
`
`with a strong mark without violating his rights”); In re Hafiz Hotel Services, Inc, 102
`
`U.S.P.Q.2d 1150, 1154 (TTAB 2012) (“the addition of other matter to a laudatory or suggestive
`
`word may be enough to distinguish it from another mar ”); In re Broadway Chicken, Inc, 38
`
`U.S.P.Q.Zd 1559, 1565—66 (TTAB 1996) (“Evidence of widespread third—party use, in a
`
`particular field, of marks containing a certain shared term is competent to suggest that purchasers
`
`have been conditioned to look to the other elements of the marks as a means of distinguishing the
`
`source of goods or services in the field”).
`
`The cited mark is a very weak mark and, while deserving of protection from the use of
`
`confusingly similar marks, it does not warrant the prohibition of common terms used to describe
`
`the goods. The cited mark is SUPERFOOD SNACKS FOR DOGS with “snacks for dogs”
`
`disclaimed as generic, leaving the “superfood” portion the only protectable aspect of the mark.
`
`However, in light of the Examiner’s evidence and evidence of third—party use of the term, it
`
`seems that others should be allowed to use the term “superfood” when their product falls under
`
`{Y5201138153DDCX }
`
`

`

`HPET-lOO-TM
`
`Serial Number 88625423
`
`this product category. Applicant submits its goods are intended to be nutritionally dense foods
`
`(superfoods) and has disclaimed the term apart from the mark as shown. The use of this term,
`
`while identical to the term in the cited mark, does not act as a strong indicator of source so that
`
`customers would see the term “superfood” and somehow believe the products originate from the
`
`same source. More likely, a customer seeing the use of this common term would believe the
`
`goods are or contain superfoods or are nutritionally dense. The addition other matter to
`
`Applicant’s mark and other differences in the marks is enough to distinguish the marks in the
`
`marketplace.
`
`11.
`
`When viewed in their entirety, the marks look different, sound different, have
`different meanings and give a different commercial impression.
`
`The Courts have also reiterated the point that in determining similarity, the marks should
`
`be viewed in their entirety and as they appear in the marketplace. As a generai rule, “a
`
`subsequent user may not appropriate an entire mark of another as part of a composite mark
`
`where that portion is the recognizable and dominant feature of the whole and that portion which
`
`serves to create the commercial impression of the entirety.” Miller Brewing Company v Premier
`
`Beverages, Ina, 2I0 USPQ 43 (TTAB 1981). In Miller Brewing Company, the Court found that
`
`the mark OL’ BOB MILLER’S for soft drinks does not so resemble MILLER for beer as to be
`
`likely to cause confusion. In this case, the Court stated:
`
`”...the creation of a composite mark featuring the mark of another or
`
`surrounded or embeilished by descriptive or otherwise subordinate
`
`matter may not serve to conceal that mark so that confusion will not
`
`be likely to occur. But, as stated in Wyeth v Ingim Laboratories,
`
`Inc, 83 USPQ 326 (COMR 1949), ...where a word comprising a
`registered or known mark ‘or a substantial portion thereof’
`is
`
`combined with other features... that similarity in sound, appearance
`
`{YB:01138153.DOCX }
`
`

`

`HPETM lOO-TM
`
`Serial Number 88625423
`
`or meaning is lacking, it should be registered even though that
`portion considered alone would ciosely resemble it.” Id, at 48.
`
`Further, the Courts have stated that marks should be compared in their entirety and not be
`
`dissected. See Jet, Inc. v Sewage Aeration Systems, 49 USPQ2d 1355 (6‘h Cir.1999).
`
`In Little Caesar Enterprises, Inc. 1) Pizza Caesar, Inn, 4 USPQ2d 1942 (6th Cir. 1987),
`
`the Court found that no confusion was likely between the mark LITTLE CAESAR’S for carry
`
`out pizza outlets and PIZZA CAESAR USA for sit down Italian restaurants. The Court focused
`
`on the impression the mark makes as a whole and not the component parts of the mark. The
`
`Court cited Long John Distilleries, Ltd. v Sazerac C0,, 166 USPQ 30 (CCPA 1970), in which the
`
`similarity between FIRE JOHN for brandy and LONG JOHN for scotch whiskey was held not to
`
`cause confusion. The Court in Long John stated:
`
`“The Board found that
`
`third~party registrations of record are
`
`themselves sufficient to establish that the word ‘john’ has been so
`
`frequently used as a part of distilled beverage marks that it is
`
`incapable of indicating origin in any One source and that
`
`the
`
`substantial goodwill
`
`in the mark ‘LONG IOI—IN’ acquired by
`
`appellant over years of use and promotion resides in the unitary
`
`mark. Further, the Board was of the opinion that, considered in their
`
`entireties, the differences in sound, appearance, and commercial
`
`impression of the two marks are obvious and one is in no way
`
`suggestive of the other.”
`
`The Court in Little Caesar found that the word “Caesar” was frequently used with things that were
`
`Italian, inciuding Italian food, and that when viewed in their entireties, the marks sound and look
`
`different.
`
`Here, while a component of Applicant’s mark is similar to the cited mark, the marks are
`
`sufficiently different when viewed in their entirety. When viewing Appticant’s mark, consumers
`
`{YB:01138153.DOCX }
`
`

`

`HPET— IOO—TM
`
`Serial Number 88625423
`
`will not View the only common term “superfood(s)” but will View the mark in its entirety to
`
`include the other distinguishing elements of the mark. The addition of the SUPERDOGS to the
`
`highly suggestive term “superfoods” is enough to differentiate the marks from one another.
`
`While the term “super” can sometimes be considered laudatory, it is also considered distinctive,
`
`as shown in several US. registrations for marks containing SUPERDOG in the mark (TESS
`
`records resubmitted as Exhibit 14). The addition of “super” to “dogs” and the lack of use of
`
`“snacks” in Applicant’s mark is a significant change in the sound and appearance of the marks.
`
`The marks appear different. Applicant’s mark is made up of three words with two words
`
`containing “super” and the cited mark is made with four words with “super” present in only one
`
`word. Additionally, the term “superfood” is used as a descriptor for “snacks” instead of a noun
`
`as it is used in the Applicant’s mark. Applicant’s mark does not contain the term “snacks” and
`
`the cited mark does not contain the term “superdogs.”
`
`The marks also sound significantly different. In addition to the different wording,
`
`Applicants mark uses alliteration with the repetition of “super” and the cited mark does not.
`
`When viewed, the consumer sees Applicant’s dominant portion of the mark as “Super. . .for
`
`Super. . .”. This distinctive element of Applicant’s mark is not present in the cited registration
`
`and is what gives the marks a different commercial impression. The differences in the marks is
`
`enough to distinguish the marks from one another, especially since the similarity of the marks
`
`stems from the common use of a high suggestive term.
`
`CONCLUSION:
`
`Applicant’s mark SUPERFOODS FOR SUPERDOGS is not likely to cause confusion with
`
`the cited mark SUPERFOOD SNACKS FOR DOGS. The common term “superfood(s)” is highly
`
`descriptive and widely used in connection with marks used on food products. The Cited Mark
`
`{YB:on38153.Docx }
`
`

`

`HPET— KOO—TM
`
`Seriaf Number 88625423
`
`disclaims terms “for dogs” as they are not protectable. Applicant’s use of SUPERDOGS is
`
`distinctive and gives the mark a unique alliteration quality when combined with SUPERFOODS.
`
`Applicant’s submits its mark can co—exist with the cited mark based on the differences in the marks.
`
`Accordingiy, Applicant submits no confusion is likely to occur and respectfully requests the mark
`
`be allowed for pubiicatiou.
`
`Dated: October 14, 2020
`
`Respectfully submitted,
`
`By: {Molly B. Markiey/
`Molly B. Markley
`Registration No.: 54187
`YOUNG BASILE HANLON & MACFARLANE, RC
`3001 West Big Beaver Rd.
`Suite 624
`
`Troy, Michigan 48084
`(248) 6498333
`
`Attorney for Applicant
`
`{YB:01138153.£JOCX }
`
`

`

`
`
`nuns?
`
`Funny-nu
`Amhalciogy
`vapm Risks I Uranus mu m:- mums
`cum change Ms
`l“ 53:33:: n zwpmwd :7. :3. iuéém ram- ya: ranman 'MHI',B his 1:5 gym M ma..- nm an mm: army-11mm 1m
`Hc‘mu 7 Rumea
`
`What Are Superfoods?
`Ru Ch‘lfltflm' \'--\.'\iIl' XJW-fi}|ifil5 1".- DIZ Hem“
`
`. ’ o . . .
`
`pmrdes and mail
`
`SIGN UP FOR EMEL
`
`u NEWSLETTERS
`
`
`Gm arcnlung ammo news On monslm
`snakes and anus-Jun; cleans spooky
`
`IAI'I'l 91an Anytime Span
`Wrapy' for Severe Deprc5':ion
`
`FDA Calla Psychedelic
`Pairotybln a 'Bruaklhmunh
`
`1
`
`Jupiter's Gm! Red 3pm Stunt!
`
`Sn-fllid 'Il‘rlfl'am' Mn [M63 Kw gm m)! In maul“
`mm amen-u...
`
`

`

`. m ..\..u mm
`
`'JJ
`
`Mummlfim Pup mm m Siam:
`111.955 Yul: Ann .. And High!
`31-29%le Samwflna Else)
`
`4 2104b. “Litter lull' Found Emu:
`a and Spurn Wflaln‘a Bally
`
`Do W: Live In a nulntum
`Wand?
`
`M :Mnlxn
`
`Supexlm: am (and: - mulw punt-ham bu! also :emn fish and any — that m
`themh'l la be: uufi'nnally damn and thus mad for arm's hanllll Eluehmm, sa'mou.
`m am: am mommies! crannies cl Imus um DAVE garnered um 'supm‘mo‘
`labial Hmvm mam ma nn 5e! (mull! la: demmflnm Mam fiwml ls null:
`sllpodam'l', mmrdmg 10 m Amamnn Ham mammal 'Saaufaedsdnn'l amen
`Illa: um load wow: Ell! flow»: rim. :1 maimed mu'xlsn 59:11! me mam
`amnnqemam program AUItalek Unlmxllys magma Manual Center '35
`diclluam 3 "link 'supmwd‘ls more ol u mmlmlarm Ila-lauds 1m: meg nulm
`benefits‘
`
`Saparfoods comm a wlietyol‘numunls. will as minndanls, wh‘nh ale maughl la
`ward dim-hm: They wan have heallhy fals. Incughl la woven: hear: Mon-st. fiber,
`lllouglllln pmvunl Unaballls Ind dueflm-l aiomomsxnd phylnclmmculs mum
`duos-nulls m plnnli lWFOflsleO far :1an calm: and sums, wharJl can have
`numamus llusslih benefits Consmlmg mods Illal rm: packed mm humanly-{as many
`91me Superfund: am} Is collars)!" glued Idea Hma ink] in 39mm. Eu! um
`may]: a heallhy dial liwwnwm a “new ol nelmn‘ouaiammn tho nah: quanmes,
`sun MB"
`
`Popular sums-loads
`all-label?!“ ollm (up many l:sls cl sums butane.» may are mh m “lawns,
`udlfilllfi label and phylochcnnusk umllmsnxnu nulrwnls [Wild In halal-mules are
`also found In many nihar lundsolbomas. mtm‘m straw‘nalnus and cranberries. A
`:ludy publlshcd n 2013 kllmlmmal Drawn?” {mind 13.11 a high lament
`nhmdlemmls known asknvénclds —wl'nch alc fauna In blucbcllms as walla;
`albums}: album: - nuy reduco 1m nsk :1 mum Man ccndimn! m yuung
`wumun 8n! llwslwll. wlxuul’ {may may take ml: lea 590i Purely because 11 m
`been marl: ficqwcnw :tume-d. capmmmlai paymaluglu serum Snubmmle 1m
`Th9 AL'antz
`
`Kale Inns up In ma hypo It has atiruueu as a gamma. lama dc mail dam. Fear:
`greens sms mm. mallards, muslmm (mums-g will" means). 59mm (an:
`ulhcrsln lho amzranln lamlyl and (.15wa Include brunch :n maxim a: “c?! If;
`m the cahbagamumrd lamlly. lilo modemwsswn IS 91mm rams flower mama nl
`its. loam These darkungezahles nln landed Mlh VilEETlEl'IS A, C and K. nswoll n5
`
`

`

`I‘m.
`
`dud... ...__.. ....... manna—r ..... mm... ..... -.—.—.m.-... .. .. ..-—. -. .... “w...
`fiber caqurn amuthar nunarm
`chclpeiames and aquash aim usuaifiymakc the 51mm)!!! first. fa: reams
`sauna: to Irma I'uzlud for leafy omens. Bum lemdr. nl road mu gunman-1 uxzcllnnl
`50m»: amber. mwn A and much more Thaw m mmrmuy swear and Gun“:
`require Illa built? Ere-um crsad lyrxcrfly nddud m palaba:
`Remand shah gain: an: aim Includm an swarm lair. man: run a semen n2
`km-ial nm‘smn These mmms n! nuttrl‘un mmnin trauma 1km" “111m |w.'3r§
`<m€asmm mlublc mar what: ”was; Iongarieang a! lulu-res: and load; 0!
`mums and Iran: manamfs Inlgciyabzum In mammlmomnn (ML sud: as
`mag-muse 'Mmla grams-names as sum became untku refined gram-3‘ may
`an) no! sinpp-zfi of lhmr nubienliankrrung banana germmalmg pan dnn'rrg
`moms—mg — have benefits smlbar la lha-mfound in beam 2:131:9th dm‘l
`when a: man march Guyana is not a mum, bulrl cooks w incommanm niwa
`:pmarkme mum nl malam‘ vimmans, mnemis. [amend marinara:
`Nuts mmaflsmnlm hxgh imslsal' mmurelsrmd Imuwrr Ms Nfiwuflh [hm mu
`(Amman addumnsmsupezm uls. lhn dmmasa mar magma IL-gh In ram}!
`A qm mam: al'nub torrid mama: more mm film twang: {Kmdgny In Hydn
`5mm nuxs and sand: In tar. regard, an: mm {vacuum may [£1.3th to crack
`epcn, Much flow: you down. (Remy Check 5 [21:15: or Rm':Vanan Dbl}
`Salmon. mums mm! and canam nmmlryfish are ugh m cmagafi fairy
`um; [manure mum] to law: the rush: 0| hear! (Reuse and stroke Tha tnnefiu of
`earns: lush mylarcum-emh (he Il$k ornammn yourmalm tram rho Incum- men
`[all Cunlm Ixcwdmu In “It: Hmuuu T H Chan 5mm «mum llcu‘JI). ll ynu
`wurry ubaui urn (mmmnis vaur fisll dmar may canlm. 5mm eating fish mm are
`MI] upon me [and arm Carton lhslr. sud] unslmrrs. Slmldlrsll long rnxtummnd
`1mm. cantam higher Hunts nmwrwry Ulun smaller rm Um swarms. 9mm am:
`amhm‘iifi
`
`Any summed I15: I: sure :0 cerium an 'cxuhc mm OHM year ' mm mm be an:
`may. nnm l'anr dragan [mu rambman urpnmeglamm: mm mm; mambo
`healthful. hm warm: slum: den“! Show 01:1ch arr.- mare mama than nlJIcr.
`Inks exalt (mu! immature krSS 029mm) hurls. such as blrmhurrrus Same 01' Damn
`nuns may be mmmwly donin in terrain lush n! humans Panamamta, I'm
`mmmoxmxlams flan-tannins {ollapwucad} mud: may hm amt-cancer
`
`

`

`'»
`
`It “a. w- 561.17:
`
`4
`
`"Mll'y‘flf. \WNIHIS WflJflfllmflh 1,th filer], “WU! may "-1“: elm-Lam“
`mummies. Bulwd msnbmnes‘ Mad! mu Alumni: 3051 as mm as pmmalunalu
`sagas, nlsn «mam mama-Ad
`Crltlclsm of the nomenclature
`
`Sticntiils claim um um ofthe 1am: “supermod'm larncty n cumming lachunno
`roul In nammic wmraw SIB}. Inanul'nclurms m"! humiy rm mnlkobnu plays rum
`lobbymls ll shaman: pubfirs parcepiinn chum products
`In an charm I: may punt: comm Maul IM Hearlh banerizs o1 mmnrma nuts In:
`(Ramona, Rm: flwunun Macmm: Neal m 8m wands hives! nun-mm a! Ennis
`curated crop — mm Ina us Fund mmmMmmuwcn 19 make adain
`knlung [ha ccnsumplzw cl mac-mm: taxis to u ICEDEELI mkarcmanaryimn
`disease 1‘na FDA responded by Mama 4: werulymmad mmmn‘mamgmal
`consuming 'I .5 uunmbcima:ad:-m:‘a mm per day» pat. on law!“ and saw-
`chalemml um maid polmlini-‘v'wduccw: Mk Noam ham diseasemwasn‘:
`cuddly a ling‘m endorsement hum: maraiamm nul industry mklhnl La the was;
`and cansumalsnent wall, nuts
`Anomamunamlu‘rm ul Um use“)! mu mun 'Slruiilfmd' It: limvdu'e lhu laud
`nullmxghma Manna-ma pmcessm majhl nu: ha Fm exam-At \men green tea
`rsfwsmy braved. n has mom anbwdanvrs Commentary mmuinuumd bunk:
`glean r555. hmval, nm afian cm with infnlwr lens and bmvmd with cmmus
`amount: ul sugar. Many kinds oi ‘zuparquxcs' squeezed lrnm an: new. new Inn
`and pummlamw cm! alsn WMD may emwnts of added :ugur
`Simu‘mly, \nhoée grams ma 023m promsms 5:: £3131 mm“ mm- palmm‘e. but it
`make: them an: hen'lhml Fa: example, mum “hob-9mm mm are as unheafimy
`as ovully plows-sad whiz: burns; in llual may quid-9? mm sugar Ian-DES m flan
`hmmumnnm Lnnszmwd nmmnimn mum: Icysiunm MBSWEHS fimbnms. 0:
`Damn 1.9mm; W4! PIER
`(manna Bantam-1 'supermd‘ :5 not scmnunc. bl can mnmd consumers, mnmyhng
`Item :9 cm one kind at lead mar cnalhar Instead, Hm 3M she uncuumaes Mr
`'11:an many ofwhom an W to rain want u: on: Marmara m mmaratun.
`"man we: lawn-1m tone: as 'supeJ' and haaihyfpwpfu mmxmeycan an: mum
`... ..... .... _____,. ”mu...“ ........ u a. mum”...-
`in unbma‘led qmntihns ' shn said 'Eul you du hm.- In be mutaus. ufmenmounl yalr
`
`

`

`cal. vacuum you caa gum wcxzehlrrcm munglw much mamriood.‘
`Reamer: fans 51mm that me ideal I'M! Is one um I: firmly pmhhascd. wdh a wind
`warmly Dl (mus. Vigklall'm‘ MM!!!) grams ism! IINTlhl'Ifianlmal pmduc'ts Sup-arms
`«fish! has new tnuy unto health,- ealmg. and undcnlandm the nulribml value cf
`{In} food you cal can be anligluunmg. bur than! aw lat: er imam lead: out were to
`numb"), oven 1! nu ma Is (2mg thorn 'sxrpur ‘
`Addlflmfl MSWICISI
`
`- Lazmwbysoma Wfll-baieddfl‘fs are hammer than amass.
`' Hews]! mamas: [or mmramlna a healthy 6m, {mama Maximal lnsfilulc of
`Diabetes and Digestive aad Kidney Diseases.
`- Read more abouhmy there tn nu such than as n ‘wrnrficfcua‘ m H115 20:3
`uibdo :n the mural! Nulmlan um Cancel
`This mm was updaleuan Mulch w, 25f}? byLive 5min mnmhmmJanm’sr
`Lemma
`
`WkFur!
`
`
`
`star Eiected from Milky Way‘s 'Hnart of Darknes ' Reaches
`Mind-Biowing Speed
`A5 humznzma‘s anucslcrs mm mummy lumfi: WHEEL 2m: max launched 01:ch
`me supemzssim mu: halo ul mania: ulouruuiuxy uusmaafing 37 nié‘éonm
`
`

`

`.5.
`
`Iain“;
`
`fifOprah‘s Favorite Things Just in
`a m.-czvnlh;)‘.’1:.::nup5
`
`film -
`
`e forthe Homily: “a
`
` E.
`urn-maven “an '9 mm:
`
`g
`11-
`This quiz tells you ifyo
`
`
`
`

`

`Mostman can't guess these 43 car pads! Can you?
`Ann-u; '"ru‘"
`
`'51»!
`
`25 Com-5c: The: Jun Aren't Worth The Tuifiu'n
`Imus» 'Etfifir.‘
`
`
`
`

`

`
`
`
`
`Unyagarz Reaches Imnmallnr
`#521 ml lumnn‘s unianunata
`us: qumey Pauslhly Uncover-d Spica. Hm‘sWhat 1h:
`U-mnm
`Spacecmi Finds.
`mum,
`
`‘
`
`
`
`Baby Has Never Eaten sugar 0: Carla. Walt 11!] You See Her
`Tcday
`‘.fla-wr'35.'.~r€
`
`
`
`

`

`.r
`
`-
`
`Outmum Menu: Health Sanka
`pOTOMAC Ge: e:
`Intel-venue
`and
`@FROGRAMS trolling:foryourdisk].
`
`superman!
`
`ll
`
`El
`
`superfood noun
`@SnveWord
`w-pes-Faod | ‘ 'sfi-par—,ffls@\
`plural superfaads
`
`Deflnmon a! superfood
`: a {and (such as 531mm, bran-tau. or blueberries) that I: flan In compounds (such as
`anfiexldanls, fiber. or {any adds) mnsldemd beneficifl to a gemn’s heallh
`H saperfaads inctcwr: enemy and vitalily. xeguIaIc chelefierol and mom: measure and
`may help in puma: or 11qu cancer and alher gram-15:5.
`— Kamtcan am: away. Tetanus“ rFm:memwat. .26 Feb 2014
`rim-cause up.“ I: rich In polyphenais Md Ollie: nnfioxl‘danls. It‘s been hallud by some as
`nwpun'oad or 'mlmcfe Deny:
`—Andrew Wail, Sal-’Healm. mm: 2m
`
`I W
`
`ORD OF THE DAY
`
`6 rs 211:2. 9
`being u usually- Inl'exinr aubalilulu ‘
`
`Lave words?
`
`1
`Eel Welfl a! the Day :mly emllll
`. Yew emu ace-cs;
`
`

`

`
`
`Statistics for superfnad
`Look-up Pupsllarily
`Bedlam 30% o! wold:
`
`Dictianary Entries near
`51195”9""
`fiupefllllfl)‘
`:upcn'luuu:
`supemux
`supurfoud
`maps: tom
`wpmromnl
`supedusibulty
`
`
`
`Clte lhls Entry
`'Supmrwd.‘ 7m Mom'am-Wofiaforcem
`avianmy. Mcm:m-Wabs£er1nc.,
`hUpszmmvmcmam-
`webslemawaiclionaiylsupetfood‘
`Accessed 3 Dcccmber 2819.
`Style: MLA vW
`
`
`
`Comments on superfood
`What made you want to flunk up :upnrfaonn Please tell us whare Iron read or imam u
`
`
`
`

`

`
`mm "mun w mm .u nun-J 4.4 mm. raanau m. u: mm:
`:1 r
`(lnciuuing the quote, If pussibln}.
`
`ma... u. mm...“
`
`
`
`Love words? Need even more definitians?
`Subscribe In America's largest cicriunary and go: lhuusandfi mum definitions and advanced search—ad rrcci
`
`
`
`‘
`
`WORDS .n Pm
`
`
`
`Kifls' Table: A TIM:- «Ill: 1
`Mu; or Nines
`
`A Gulda tn Using fiqmlmlnng
`You1ou canhnmmua
`
`'i\ lay Bu “'2 Say-Tums Gr! :3
`'1132'7
`
`Tin Gund, Tllr Tim). F; The
`Semanalnllylmpndsc-
`"m"...
`
`

`

`
`
`Why me they lemma? Wham
`are ”my going?
`
`“m”,
`Words lrom Ibo met: at
`1 ”29:?!“D
`
`"'5 n nueslinn {01 llm udui: 1m».
`
`somimlm mus-Earl
`
`ASK "if TDE‘BIIS
`
`
`
`Lilrraily
`How in usn u mud lhal (Mummy:
`thumb sum: paupln nu}:
`
`ls Slnauhr "they l Ben"
`Chain?
`flu: awkward cusn ol‘hls a: “or
`
`I: It 'Jhngtr' or 'llngar"!
`How to ramumbarwhich is which
`
`How Do You S’nnaunn
`'Gratertes‘?
`[5 mum em: slundmd way?
`
`WORD GAMES
`
`
`
`

`

`--.-1
`
`I
`
`n,
`
`'
`
`.
`
`!
`
`\
`
`a
`
`
`I“m . _. ...,
`__.
`
`mmm_rx;w~mmm
`
`Sunni”: Drift inz
`1‘. challenging quiz or chenglno
`wotds
`IAKE THE Dull }
`
`A Thinkvglvllen-d Quiz
`We are thankiur m obccura
`wards
`[ARE INF. on!“
`
`5ng! It
`Can yet: spell lhcso :0
`remnant? missnnllod wards?
`"$5 “E “’43?
`_
`
`mfllomry Elev"
`1 ho uchonary ha: Mun
`scrambled—can you pul I1 hack
`_
`"FAY 'lfli GAME}
`
`
`
`

`

`4110:7020
`
`Trademark Electronic Search System (TESS)
`
`United States Patent and Trademark Office
`
`Home Site Index Search FAQ Glossary Contacts eBusiness eBiz alerts News
`
`Trademarks > Trademark Electronic Search System (TESS)
`
`TESS was last updated on Fri Apr 10 03:47:22 EDT 2020
`
`
`
`
`
`[giggly Please logout when you are done to release system resources allocated for you.
`
`i§i§ii List At:
`
`OR [93911- to record:
`
`Record 27 out of 299
`
`{ Use the "Back" button of the Internet Browser to return to
`
` -" Peruvian Super-Foods
`
`Word Mark SUPERU FOODS PERUVIAN SUPERFOODS
`
`Goods and IC 029. US 046. G & S: Dried fruits in powder form; Dried vegetables in powder form
`Services
`
`IC 030. US 046. G & S: Cocoa
`
`Mark
`
`Drawing
`Code
`
`Design
`Search
`Code
`
`(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
`
`02.11.01 - Hearts excluding hearts as carriers or depicted on playing cards
`26.01.21 ~ Circles that are totally or partially shaded.
`26.01.31 - Circles - five or more ; Five or more circles
`26.17.01 - Bands. straight : Bars, straight ; Lines, straight ; Straight line(s). band(s) or bar(s)
`26.17.06 - Bands, diagonal ; Bars, diagonal ; Diagonal line(s). band(s) or baris) ; Lines, diagonal
`26.17.09 - Bands, curved ; Bars, curved ; Curved line(s), band(5) or bar(s) ; Lines, curved
`
`Serial
`Number
`
`88445113
`
`Filing Date May 24, 2019
`
`Current
`Baals
`
`44E
`
`Original
`.
`Filing Basis 44D‘44E
`Published
`for
`
`December 24, 2019
`
`Opposition
`
`Registration 6005686
`Number
`
`Regis‘rati“ March 10, 2020
`Date
`
`Owner
`
`(REGISTRANT) RFCAR S.R.L. Rafael Fernandez Concha, a citizen of Peru SOLE PROPRIETORSHIP PERU Ca
`Victoriano Castillo 125 Mirafiores Lima PERU 15074
`
`tmsearch.uspto.govfbinlshowfield'?%doc&state=4802:hyroix.2.27
`
`1;;
`
`

`

`4/1Dl2020
`
`Attorney of W Wan
`Record
`
`Prim”
`Date
`
`March 28, 2019
`
`Trademark Electronic Search System (TESS)
`
`Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO use ”FOODS" AND "PERUVIAN SUPERFOODS“ APART
`FROM THE MARK AS SHOWN
`
`Description The color(s) dark green and light green islare claimed as a feature of the mark. The mark consists of the wording
`of Mark
`"SUPERU FOODS" in cur