,6
`
`09-24-2003
`
`u.s. Patent & TMOfcITM Mail Rent 0:. #22
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`China Healthways Institute, Inc.
`
`dba Chi Institute
`
`V.
`
`Xiaoming Wang
`
`Opposition No. 91 1573 92
`
`Serial No. 76435273
`
`ANSWER TO NOTICE OF OPPOSITION
`
`Applicant Xiaoming Wang (“Applicant”) as an individual at 27 Calle Alamitos, Rancho
`
`Santa Margarita, California 92688, responds to "the notice of opposition of China
`
`Healthways Institute, Inc. dba Chi Institute (“Opposer”) at 100 Avenida Pico, San
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`

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`Clemente, California 92672. Applicant denies the allegations in the first paragraph of
`
`first page and responds the grounds for opposition as set forth herein:
`
`1. Applicant does not have sufficient knowledge or belief on which to admit or deny
`
`the allegations of paragraph 1 of the grounds for opposition and on that basis
`
`denies each such allegation.
`
`Applicant does not have sufficient knowledge or belief on which to admit or deny
`
`the allegations of paragraph 2 of the grounds for opposition and on that basis
`
`denies each such allegation.
`
`Applicant does not have sufficient knowledge or belief on which to admit or deny
`
`the allegations of paragraph 3 of the grounds for opposition and on that basis ‘
`
`denies each such allegation.
`
`Applicant does not have sufficient knowledge or belief on which to admit or deny
`
`the allegations of paragraph 4 of the grounds for opposition and on that basis
`
`denies each such allegation.
`
`Applicant denies the allegations of paragraph 5 of the grounds for opposition.
`
`Applicant denies the allegations of paragraph 6 of the grounds for opposition.
`
`Applicant denies the allegations of paragraph 7 of the grounds for opposition.
`
`Applicant denies the allegations of paragraph 8 of the grounds for opposition.
`
`Applicant does not have sufficient knowledge or belief on which to admit or deny
`
`the allegations of paragraph 9 of the grounds for opposition and on that basis
`
`denies each such allegation.
`
`

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`AFFIRMATIVE DEFENSES
`
`FIRST AFFIRMATIVE DEFENSE
`
`10. The Opposer’s alleged mark “CHI” is a generic term. The dictionary definition of
`
`the term describes as following:
`
`“Chi also ch’i or Qi or qi (che) n. The vital force believed in Taoism and
`
`other Chinese thought to be inherent in all things. The unimpeded
`
`circulation of chi and a balance of its negative and positive forms in the
`
`body are held to be essential to good health in traditional Chinese
`
`medicine. [Chinese (Mandarin) qi, air, spirit, energy of life.]” in The
`
`American Heritage Dictionary of the English Language: Fourth Edition.
`
`2000) (Exhibit A).
`
`The Opposer also describes its alleged two marks of CHI (AND DESIGN) as
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`“Vital energy force thought to be inherent in all things” (One mark (Serial No:
`
`76361091) was refused by USPTO and the other mark (Serial No: 76975262) has
`
`been suspended by USPTO, see Exhibit B). Furthermore, the term “CHI” has
`
`been widely used (see Exhibit C). Therefore, the term “CHI” belongs in the
`
`public domain rather than to an exclusive owner.
`
`SECOND AFFIRMATIVE DEFENSE
`
`11.
`
`The Applicant has obtained a medical degree (M.D.) in 1978, a master’s degree in
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`Chinese acupuncture in l98l,and a Ph.D. in human physiology in 1988, and has
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`completed a postdoctoral fellowship in 1991. The Applicant has been practicing
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`Chi Kung (or Qi Gong in Chinese pinyin) (see Exhibit D), passed on from his
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`father and grandfather. The Applicant is the author of several books and papers
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`

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`on the subject of Chi Kung (Qi Gong) and Chinese massage. The Applicant’s
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`massage product is based on the result of research work of CH1 and Chinese
`
`massage from the Chi Kung (Qi Gong) masters and scholars, Professor Dehua Liu,
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`Professor Zhibei Qin, Professor Julius Liu and the Applicant himself. The
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`Applicant’s mark “CHI PLUS” is adopted to reflect the work, and to address the
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`massage product believed to release more energy (CHI).
`
`THIRD AFFIRMATIVE DEFENSE
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`12. The Applicant’s mark “CHI PLUS”(mark drawing code 5) is different from the
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`Opposer’s mark “CHI (AND DESIGN)”(mark drawing code 3).
`
`“CH1 plus”
`
`“
`
`0
`
`”
`
`FOURTH AFFIRMATIVE DEFENSE
`
`13. The Applicant’s massage product is different from the Opposer’s products in
`
`appearance, characteristics and technology.
`
`FIFTH AFFIRMATIVE DEFENSE
`
`14. The Applicant’s massage product is primarily sold to the people who use it
`
`directly as the foot massage unit (foot massager) orlthe sit-on massage unit.
`
`However, the Opposer’s massage products carmot be used for these positions
`
`directly.
`
`

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`SIXTH AFFIRMATIVE DEFNSE
`
`15. The Applicant’s massage product as a home model is purchased primarily by a
`
`lay person who uses it at home. However, the Opposer’s products are purchased
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`primarily by the health professionals like doctors and chiropractics who use it in a
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`professional setting, like clinics and hospitals.
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`SEVENTH AFFIRMATIVE DEFENSE
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`16. The Applicant’s massage product is sold at retail prices ranging from $299 to
`
`$349 while the Opposer’s massage products are sold at retail prices ranging from
`
`$695 to $895.
`
`EIGHTH AFFIRMATIVE DEFENSE
`
`17. The Opposer’s alleged mark “CHI” does not qualify as a “famous” mark. To the
`
`present date, the Opposer has not obtained any registered trademark on the
`
`alleged products from USPTO. Further, the mark “CHI” is generic, and is not
`
`entitled for protection. The Opposer does not have the right to exclude others
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`from using the mark “CHI”.
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`NINTH AFFIRMATIVE DEFENSE
`
`18. Since the mark “CHI” is in common use, there are numerous similar marks for
`
`similar goods and services. Even in the alleged mark “CHI” and alleged products
`
`— massagers and massage related goods, there are many similar marks on those
`
`similar products used by many third parties, such as “THE CHI MACHINE”,
`
`“CHI PULSAR”, “CHI LITE” “CHI MASTER”, CHI-VITALIZER”,
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`“CHIROSSAGE”, “HEALING CHI THERAPEUTIC BODYWORS”, “CHI-
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`LIN”, “CHI POUCH”, “CHI WELLNESS’, “CHI GONG MACHINES”,
`
`

`
`“OXYPRO CHI THERAPEUTIC MASSAGER”, “CHI MOTION
`
`EXERCISERS”, “CHI-BALANCE BODY MASSAGER”, “CHI GONG
`
`MACHNERY”, “CHI MASSAGER”.
`
`TENTH AFFIRMATIVE DEFENSE (FRA UD§[
`
`19. In order to deceive USPTO, the Opposer has been engaging in a serial of frauds
`
`in its trademark applications with USPTO, like “CHI (AND DESIGN)”,
`
`“INFRASOUND v”, “INFRASOUND”, “INFRASOUND INC.” and “QIGONG
`
`MACHINE” for its alleged massage products and services. Under declarations
`
`punishable by fine or imprisonment, or both, under 18 USC 1001, the Opposer
`
`has submitted trademark applications by using false owner identities, such as
`
`“CHINA HEALTHWAYS, INC” (see Exhibit B), “INFRASOUND, INC” (See
`
`Exhibit E).
`
`ELEVENTH AFFIRMATIVE DEFENSE (I_]NCLEAN HANDS}
`
`20. In order to establish an illegal monopoly in the marketplace, the Opposer has been
`
`engaging in the practice of “Unclean Hands” to intimidate the competitors. The
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`Opposer has been pursuing the same pattern by claiming the sole ownership and
`
`asset of a serial of marks, which are actually common terms or merely descriptive,
`
`like “CHI”, “Infrasound”, “Infrasonic”, “Qigong machine”, and has filed many
`
`letters and legal papers to deprive the competitors from using those terms to
`
`describe their goods.
`
`In the case of “Infrasound”, the definition of the term “Infrasound” is well
`
`illustrated in dictionary (see Exhibit F). On one hand, the Opposer has admitted
`
`to USPTO, “NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE
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`

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`“INFRASOUND” APART FROM THE MARK IS SHOWN.” (see Exhibit G ).
`
`However, on the other hand, to the public, in spite of its own disclaimer to
`
`3
`
`USPTO, the Opposer deprives others from using the generic term “Infrasound”
`
`and asks for a permanent injunction on the term “Infrasound” and others (see
`
`Exhibit H).
`
`Furthermore, the Opposer’s alleged mark “QI-GONG MACHINE” has never
`
`been granted as the federal registered trademark, but the Opposer has used the
`
`mark “QI-GONG MACHINE” with “R” in a circle ® in their advertisements and
`
`publications (see Exhibit 1). Again, the Opposer has used the mark “Infratonic
`
`QGM” with “R” in a circle ® in their advertisements and publications although
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`the mark has never been registered with USPTO (see Exhibit J).
`
`WHEREFORE, it will not damaged by the registration and the Applicant prays that
`
`the opposition is dismissed.
`
` Date: 7‘ /fl)”-3
`
`Xiaoming Wang, M.D., Ph.D.
`27 Calle Alamitos
`
`Rancho Santa Margarita, CA 92688
`(949) 766-4809
`As Applicant
`
`

`
`EXHIBIT A
`
`

`
`.
`
`.
`
`I
`
`
`_
`The
`Amerlcan
`Heritage®Dictionary
`of the English Language
`FOURTH EDITION
`
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`
`4
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`_s*.c».~e~*.:»-«An«.c....-.«,;~.,~v.-»
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`.;-.,.~.,«....v:v-rc,“‘N~.
`
`/“§‘ HOUGHTON MIFFLIN. COMPANY
`‘\\ Boston New York
`
`A 4
`
`

`
`
`
`Chesterfield [ chiasmus
`
`
`
`
`
`chestnut
`American chestnut
`Castanea dentata
`
`gion of San Francisco in northern California. According to Craig M.
`Carver in American Regional Dialects. the word probably comes from the
`name of a 19th-century earl of Chesterfield and originally referred “spe-
`cifically to a couch with upright armrests at either end." It appears _to have
`come into use in Canada around 1903 and in northern California at
`about the same time.
`
`
`deer. [French chevrorirt, from Old French, diminutive of chevrot, kid, dj.
`minultive of chevre, goat, from Latin copra. she-goat, feminine of cop¢,_
`goat.
`chew (chd'o)
`v. chewed, chew-ing, chews ——rr. 1. To bite and
`grind with the teeth; masticate. 2. To meditate on; ponder: chew a prob,
`lem over. —intr.
`‘I. To make a crushing and grinding motion with :11,
`teeth. 2. To cogitate; meditate: chewed on the difficulties ahead. 3. Infor.
`Ches-ter-field (chesltar-féld’) A city of north-central England
`mol To use chewing tobacco. 0 n. 1. The act of chewing. 2. Something
`south of Sheffield. It
`is an important industrial center. Population:
`held in the mouth and chewed, especially a plug of tobacco. See Regiona]
`101,171.
`'
`Note at chaw. —phrasaI verb: chew out Slang To reprimand;
`scold. -—idioms: chew the cud Slang To ponder over; meditate
`Chesterfield, Fourth Earl of. Title of Philip Dormer Stanhope.
`1694-1773. English politician and writer best known for Letters to His
`chew the fat (or rag) Slang To talk together in a friendly, leistirely Way:
`Sort (1774), which portrays the ideal 18th-century gentleman.
`chat at
`length.
`[Middle English cheuen, from Old English ce'owan',[
`—chew’a-ble adj. —-chew’er n.
`Ches-ter-ton (chés’tar-tan), Gilbert Keith 1874-1936. British
`writer and critic known for his Roman Catholicism and his conservative
`Chevwa (chalwa) n. A Bantu language spoken in Malawi, closely rg.
`lated to Nyanja.
`political views. His works include essays, a series of detective novels fea-
`chew-ing gum (cho‘o'lng) n. A sweetened flavored preparation for
`turing Father Brown, and volumes of criticism and polemics.
`chewing, usually made of chicle.
`Chester White rt. Any of a breed of large white hogs with drooping
`che-wink (chi-wlngkl)
`rt. See towhee (sense 1). [lmitative of its
`ears, originally bred in Chester County in southeast Pennsylvania.
`call.]
`chest-nut (chés’nt'tt’, -not) n. 1a. Any of several deciduous trees of
`the genus Castanea native to northern temperate regions, having alter-
`chew-y (chO‘o’é) adj. -i-er, -ioest Needing much chewing: chewy
`candy. —-chewli-ness n.
`nate simple toothed leaves, and nuts that are enclosed in a prickly husk.
`b. The often edible nut of any of these trees. c. The wood of any-of these
`Chey-enne‘ (shi-en’, -an!) n., pL Cheyenne or -ennes 1a. A
`Native American people, divided after 1832 into the Northern and
`trees. 2. Any of several other plants, such as the horse chestnut. 3. A
`Southern Cheyenne,
`inhabiting respectively southeast Montana and
`moderate to deep reddish brown. 4. A reddish-brown horse. 5. A small
`hard callus on the inner surface of a horse’s foreleg. 6. An old, frequently
`southern Colorado, with present-day populations in Montana and Okla.
`repeated joke, story, .or song. 4° adj. Of a moderate to deep reddish
`homa. The Cheyenne became nomadic buffalo hunters after migrating
`to the Great Plains in the 18th century and figured prominently in 211:
`brown. [Earlier chestert (from Middle English chesteine, from Old French
`resistance by Plains Indians to white encroachment. b. A member of this
`chastaigne, from Latin castanea, from Greek kastanefl, chestnut tree, from
`kastamz, sweet chestnuts) + NUT.]
`people. 2. The Algonquian language of the Cheyenne. [Canadian French,
`from Dakota sahfyela.[ —Chey-enne’ adj.
`chestnut blight n. A disease of chestnut trees caused by.a fungus
`(Cryphonecrria pamsitica) that is especially destructive to the American
`Chey-enne’ (shi-an’. -én’) The capital of Wyoming, in the southeast
`chestnut, characterized by cankers that eventually kill the branches and
`part of the state near the Nebraska and Colorado borders. It was founded
`trunk.
`in 1867 as a division point for the Union Pacific Railroad. Population:
`50,008.
`.
`chestnut oak rt. Either of two eastern North American deciduous
`oak trees (Quercus prinus and Q. muehlenbergii) having leaves that resem-
`Cheyenne River A river rising in eastern Wyoming and flowing
`ble those of the American chestnut.
`about 848 km (527 mi) east then northeast to the Missouri River in cen-
`tral South Dakota.
`chest of drawers n., pl. chests of drawers A piece of furniture
`consisting of a set of drawers that fit within a frame.
`Cheyne-Stokes respiration tchanlstoksl, chalne-stoksl) n. An
`abnormal type of breathing seen especially in comatose patients, charac-
`chest pass n. Sports A pass, as in basketball, in which the ball is pro-
`terized by alternating periods of shallow and deep breathing. [After Iohn
`pelled away from the chest with a quick extension of the hands and arms.
`Cheyne (1777-1836). Scottish physician, and William Stokes (1804-
`chest register rt. One of the lower ranges of the voice in singing or
`l878), Irish physician.]
`speaking. Also called chest voice.
`.
`chez (sha) prep. At the home of; at or by. [French, from Old French,
`chest-y (chéslte) adj. -i-er, -i-est Informal 1-. Having a large or well-
`from Latin casa, cottage, hut.)
`developed chest or bust. 2. Arrogant or proud; conceited. ——chest/i-
`ness n.
`chi’ also khi (ki, ke) n. The 22nd letter of the Greek alphabet. See table
`at alphabet. [Late Greek khi, from earlier khei.)
`cheetah (ché’t:) n. Variant of cheetah.
`chi’ also ch'i or Qi or qi (ché) n. The vital force believed in Taoism
`chet-rum (ché’tram, chet/ram) n., pl. chetrum See table at curren-
`and other Chinese thought to be inherent in all things. The unimpeded
`Cy. [Native word in Bhut_an.]
`circulation of chi and a balance of its negative and positive forms in the
`the-vaux-de-frise
`n., pl.
`che-val-de-frise (sh:-val’d9-fréz’)
`body are held to be essential to good health in traditional Chinese med-
`(sh:-vo’-) 1. An obstacle composed of barbed wire or spikes attached to
`icine. [Chinese (Mandarin) qi, air, spirit, energy of life.[
`a wooden frame, used to block enemy advancement. 2. An obstacle
`chi-a (che'a) n. An aromatic annual plant (Salvin columbariae) i.n the
`made of jagged glass or spikes set into masonry on top of a wall. [French,
`mint family, native to Mexico and the southwest United States and having
`Frisian horse (from its use in Friesland to compensate for a lack of cav-
`clusters of blue or violet flowers and edible seedlike fruits. [American
`alry) : cheval, horse + de, of + Frise, Friesland.]
`che-val-et (she-val/5, shev’a-la’) rt. The bridge of a stringed instru-
`Spanish chin, from Nahuatl cht'ah.]
`Chi-al or Chia-i (je-tr, jya’é') A city of southwest Taiwan north of
`ment. [French, from diminutive of cheval, horse, from Latin caballus.]
`Kaohsiung. it is an agricultural market center. Population: 252,376.
`che-val glass (sha-val’) n. A long mirror mounted on swivels in a
`frame. [From French cheval, support, horse. See CHEVALEL]
`Chia-ling (jyillllngf) See Jialing.
`Chia-mus-su (jya'mo’o'so'o') See Jiamusi.
`chev-a-lier (shév’a-lir’) 11. 1. A member of certain male orders of
`Chiang Kai-shek (changl kilshékl, jyang') 1887-1975. Chinese
`knighthood or merit, such as the Legion of Honor in France. 2a. A
`French nobleman of the lowest rank. b. Used as a title for such a noble-
`military and political figure who led the Nationalists agai.nst the rising
`Communist forces and was driven from the mainland to Taiwan (1949).
`man. 3. A knight. 4. A chivalrous man. [Middle English chevaler, from
`Old French chevalier, from Late Latin caballfirius, horseman. See CAVA-
`where he served as president of Nationalist China until his death.
`l.lF.R.]
`Chi-an-ti (ké~an’té, -an'—) n. A dry red table wine made from a blend
`of different varieties of grapes, originally produced in northwest ital)’.
`Che-va-lier (sh:-val'ya, sha-vii-lya’), Maurice 1888-1972. French
`actor and singer best known for his cabaret appearances and his role in
`[After the Chianti Mountains, a range of the Apennines in central ltal)'.l
`the musical film Gigi (1958).
`_
`chiao (chyou) n., pl. chiao Variant of jiao.
`chi-a-ro,-scu-ro (ke-fir’:-sko'or'o, -sky6‘or'o) n., pl. -ros 1. The
`rise.
`n. Plural of cheva|-de-
`ghe-vaux-de-frlse (sh:-v6’da-fréz’)
`technique of using light and shade in pictorial representation. 2. TM
`che-ve-lure (shav-ltlr/) n. A head of hair. [Middle English cheveler,
`arrangement of light and dark elements in a pictorial work of art. 33- A
`from Old French cheveleure, from Latin capillatiira, from capillus, hair.]
`woodcut technique in which several blocks are used to print differenl
`Chev-i-ot (shevle-at, chevi-) n. 1. Any of a breed of hornless sheep
`shades of a color. b. A woodcut print made by this technique. in
`senses also called claire-obscure. [Italian : chiara, bright, light (from 1311“
`with short thick wool, originally raised in the Cheviot Hills. 2. also
`cheviot A woolen fabric with a coarse twill weave, used chiefly for suits
`claims, clear; see kela-1 in Appendix 1) + oscuro, dark (from Latin Ob’
`scfirus; see (s)keu- in Appendix 1).] —-chi-a’ro-scuirist n.
`and overcoats and originally made from the wool of this breed of sheep.
`chi-as-ma (id-azlma) also chi-asm (kiIaz'am) n., pL -ma-ta (-mr
`[After the CHEvto'r (H1LLS).]
`D) or -mas also -asms 1. Anatomy A crossing or intersection of N0
`Cheviot Hills (chev'e-at, shlv’-, chelve-) A range of hills extending
`about 56 km (35 mi) along the border between England and Scotland.
`tracts, as of nerves or ligaments. 2. Genetics The point of contact 17¢“
`The Cheviot, 816.2 m (2,676 ft), is the highest elevation.
`tween paired chromatids during meiosis, resulting in a cross-shaped C911‘
`cheV're (shev'ra) n. Cheese made from goat’: milk. [French, from
`figuration and representing the cytological manifestation of crossmll
`Old French, from Latin copra, she-goat, feminine of caper, goat.]
`over. [Greek khiasma, cross-piece, from khiazein, to mark with an X-
`chev-ron (shévinn) rt. 1. A badge or insignia consisting of stripes
`from khei. khi, chi (from the letter’s shape).] -chi-as'mal, chi'35"
`mic. chi’as-matiic (-matltk) adj.
`meeting at an angle, worn on the sleeve of a military or police uniform
`to indicate rank, merit, or length of service. 2. Heraldry A device shaped
`chioas-ma-ty-py (ki-.’tz'ma-ti’pé) rt. Genetics The meiotic twif-1'
`like an invened V. 3. A V-shaped pattern, especially a kind of fret used
`ing between paired chromatids that produces chiasmata.
`[CHMSMA 1’
`m(e) + —v’.]
`in architecture. [Middle English chevertm, from Old French chevron,
`rafter (from the meeting of rafters at an angle), probably from Vulgar
`chi-asomus (ki-azlmas) n., pL -mi (-mt’) A rhetorical inversion 0f
`Latin ‘caprio, ‘caprion-, from Latin caper. capr-, goat.)
`the second of two parallel structures, as in ‘Each throat/Was parched, WV’
`chev-ro-tain (shevfra-‘tan’ ) 11. Any of several small deerlike hornless
`glazed each eye” (Samuel Taylor Coleridge). [New Latin. from Greek “'7'
`asmos. svmactic inversion. from khiazeirt. to invert or mark with an
`ruminants of the genera I-Ivemoschus and Tratrulus native to the tropical
`
`
`
`
`
`
`
`hiang Kai
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`-she W
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`EXHIBIT B
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` __________W} Record 79 out of 549
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` (TARR contains current status, correspondence address and attorney of recordfor
`this mark. Use the "Back " button of the Internet Browser to return to TESS)
`
`Word Mark
`
`CHI
`
`Translations
`
`The English translation of "CHI" is "Vital energy force thought to be inherent in all
`things"
`
`Goods and
`Services
`
`IC 011. US 013 021 023 031 034. G & S: Air purifying units and ionizers for
`commercial and domestic use. FIRST USE: 19960900. FIRST USE IN
`COMMERCE: 19960900
`
`IC 016. US 002 005 022 023 029 037 038 050. G & S: News letters in the field of
`
`health, human wellness and vitality, but specifically excluding the field of hospice
`care. FIRST USE: 19930500. FIRST USE IN COMMERCE: 19930500
`
`123403;: Drawing (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
`
`Desig“ Seam‘ 260121 261521
`Code
`
`Serial Number 76361091
`
`Filing Date
`
`January 22, 2002
`
`Owner
`
`(APPLICANT) China Healthways, Inc. DBA Chi Institute CORPORATION
`CALIFORNIA 100 Avenida Pico San Clemente CALIFORNIA 92672
`
`http://tess2.uspto.gov/bin/Showfield?f=doc&state=erip6c.2.79
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`,
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`if
`7-‘
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`Darren S. Rirner
`
`Attorney of
`Record
`Type of Mark TRADEMARK
`Register
`PRINCIPAL
`Live/Dead
`Indicator
`
`LIVE
`
`ress Mme NEWUSER
`Nmusr Fmswoc
`
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`I~r=-twee
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`Tm»
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`HELP
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`___4
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`http2//tess2.uspto.gov/bin/showfie1d?f=doc&state=erip6c.2.79
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`K J2
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`
`
`Serial Number: 76361091
`
`Registration Number: (NOT AVAILABLE)
`
`Mark
`
`‘g’
`
`(words only): CHI
`
`Current Status: An office action making FINAL arefusal to register the mark has been mailed.
`
`Date of Status: 2003-06-28
`
`Filing Date: 2002-01-22
`
`Registration Date: (DATE NOT AVAILABLE)
`
`Law Office Assigned: LAW OFFICE 105
`
`Attorney Assigned:
`RIRIE VERNA BETH Employee Location
`
`Current Location: LSD -TMEG Law Office 105 - Docket Clerk
`
`Date In Location: 2003-08-25
`
`LAST APPLICANT(S)/OWNER(S) OF RECORD
`
`1. China Healthways, Inc.
`
`Address:
`
`China Healthways, Inc.
`100 Avenida Pico
`
`San Clemente, CA 92672
`United States
`
`Legal Entity Type: Corporation
`State or Country of Incorporation: California
`-.
`
`http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=76361091
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`GOODS AND/OR SERVICES
`
`Air purifying units and ionizers for commercial and domestic use
`International Class: 011
`
`First Use Date: 1996-09-00
`
`First Use in Commerce Date: 1996-09-00
`
`1;:
`
`Basis: 1(a)
`
`News letters in the field of health, human wellness and vitality, but specifically excluding the field of
`hospice care
`International Class: 016
`
`First Use Date: 1993-05-00
`
`First Use in Commerce Date: 1993-05-00
`
`Basis: 1(a)
`
`
`
`ADDITIONAL INFORMATION
`
`;
`
`Translation: The English translation of "CHI" is "Vital energy force thought to be inherent in all
`things"
`
`H
`
`PROSECUTION HISTORY
`
`2003-08-07 - Case File in TICRS
`
`2003-06-28 - Final refusal e-mailed
`
`2003-06-26 - TEAS Change of Correspondence Received
`
`2003-03-05 - PAPER RECEIVED
`
`2003-03-04 - Divisional processing completed
`
`2002-10-28 - Divisional request received
`
`2002-11-25 - Communication received from applicant
`
`2002-10-28 - Communication received from applicant
`
`2002-10-28 - PAPER RECEIVED
`
`2002-04-23 - Non-final action mailed
`
`2002-04-05 - Case file assigned to examining attorney
`
`CONTACT INFORMATION
`
`Correspondent (Owner)
`Darren S. Rimer (Attorney of record)
`
`Darren S. Rimer
`
`http://tarr.uspto.gov/servlet/tarr‘?regser=seria1&entry=76361091
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`Word Mark
`
`CHI
`
`Translations
`
`The English translation of "CHI" is "Vital energy force thought to be inherent in
`all things"
`
`Goods and
`Services
`
`IC 010. US 026 039 044. G & S: Electric massage apparatus for therapeutic use,
`and related replacement parts. FIRST USE: 19930900. FIRST USE IN
`COMMERCE: 19930900
`
`D”‘w‘“g (3) DESIGN PLUS ‘WORDS, LETTERS, _AND/OR NUMBERS
`
`Design S"”'°"
`Code
`
`260121 261521
`
`Serial Number 76975262
`
`Filing Date
`Owner
`
`January 22, 2002
`(APPLICANT) China Healthways, Inc. DBA Chi Institute CORPORATION
`CALIFORNIA 100 Avenida Pico San Clemente CALIFORNIA 92672
`
`Attorney of
`Record
`
`Darren S. Rirner
`
`Type of Mark TRADEMARK
`
`Register
`
`PRINCIPAL
`
`http://tess2.uspto.gov/bin/showfield?f=doc&state=erip6c.2.81
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`Serial Number: 76975262
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`Registration Number: (NOT AVAILABLE)
`
`Mark
`
`Q’
`
`(words only): CHI
`
`Current Status: An office action suspending further action on the application has been mailed.
`
`Date of Status: 2003-05-23
`
`Filing Date: 2002-01-22
`
`Registration Date: (DATE NOT AVAILABLE)
`
`Law Office Assigned: LAW OFFICE 105
`
`Attorney Assigned:
`RIRIE VERNA BETH Employee Location
`
`Current Location: LSD -TMEG Law Office 105 - Docket Clerk
`
`Date In Location: 2003-08-25
`
`1
`
`LAST APPLICANT(S)/OWNER(S) OF RECORD
`
`1. China Healthways, Inc.
`
`Address:
`
`China Healthways, Inc.
`100 Avenida Pico
`
`San Clemente, CA 92672
`United States
`
`Legal Entity Type: Corporation
`State or Country of Incorporation: California
`
`http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=76975262
`
`5 "Vé
`
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`
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`Latest Status Info
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`Page 2 of 2
`
`GOODS AND/OR SERVICES
`
`Electric massage apparatus for therapeutic use, and related replacement parts
`International Class: 010
`
`First Use Date: 1993-09-00
`
`First Use in Commerce Date: 1993-09-00
`
`Basis: 1(a)
`
`Translation: The English translation of "CHI" is "Vital energy force thought to be inherent in all
`things"
`
`ADDITIONAL INFORMATION
`
`2003-08-01 - Case File in TICRS
`
`PROSECUTION HISTORY
`
`2003-06-26 - TEAS Change of Correspondence Received
`
`2003-05-23 - Letter of suspension mailed
`
`I
`
`2003-03-04 - Divisional processing completed
`
`2002-10-28 - Divisional request received
`
`2002-11-25 - Communication received from applicant
`
`2002-10-28 - Communication received from applicant
`
`2002-10-28 - PAPER RECEIVED
`
`2002-04-23 - Non-final action mailed
`
`2002-04-05 - Case file assigned to examining attorney
`2.
`
`._.,
`
`CONTACT INFORMATION
`
`Correspondent (Owner)
`Darren S. Rimer (Attorney of record)
`
`Darren S. Rimer
`
`Rimer & Mathewson LLP
`
`28202 Cabot Road, Suite 300
`Laguna Niguel CA 92677
`
`Phone Number: (949) 367-1541
`Fax Number: (949) 625-7640
`
`http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=76975262
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`@ ‘B 7
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`

`
`EXHIBIT C
`
`

`
`SECRETS
`
`The Complete Guide to
`Asian Herbal Medicine
`
`

`
`
`
`
`
`THE DALAI LAMA
`
`I always believe that while humanity must move towards more scientific and technological progress,‘
`we must never ignore the knowledge and wisdom ofourforefathers. Infact, while we inevitably move
`forward and make new discoveries, we must preserve and promote our ancient wisdom. In the light of
`this, I am confident that this book by Letha Hadady on Asian herbal medicine will bring the ancient
`knowledge ofthe great cultures ofAsia to a larger public.
`
`I am also happy to note that the author ofthe book has included an examination of Tibet's tradi-
`tional medicine. Thefoundation of Tibetan medicine is that mind and body are closely related. There-
`fore Tibetan physicians have always considered a sound mind as a prerequisitefor a healthy body.
`
`</£3‘ V
`
`'\
`
`His Holiness Tenzin Gyatso,
`
`the Fourteenth Dalai Lama
`
`

`
`
`
`Herbal Basics /Q" 27
`
`nerve impulses throughout the body. Put
`another way, herbs work by altering vigor,
`circulation, metabolism, body fluids, hor-
`mones, and emotions. Herbs fuel new
`
`growth and repair damaged tissue by
`enhancing nutrition through anabolism
`and catabolism. Herbs can also kill germs,
`reduce fever, or do many-of the things that
`medical drugs do.
`Because herbs are a part of an elabo-
`rate system of Asian medical thought and
`practice, they are chosen to affect specific
`parts of the body in particular ways. Herbs
`can maintain the normal flow of physical ..
`processes in organ systems and harmonize
`emotions in order to reestablish balance.
`
`they have fewer side
`For that reason,
`effects than Western medicines. To under-
`
`stand how Asian medical herbs work, we
`
`must first know a few things about Asian
`concepts of anatomy and physiology. We
`must understand that Chinese herbs are
`
`chosen according to how they affect chi.
`
`What Is Chi?
`
`Imagine for a moment that your body does
`not have bones, muscles, or blood Vessels.
`
`Imagine that the internal organs do not
`have definite shape, but are pulsing with
`life force. What is it that keeps the heart
`' working, the lungs breathing, or the kid-
`neys filtering blood? Traditional Chinese
`doctors believe that this force is invisible
`
`energy called chi. "(This word, pronounced
`”chee,” may also be spelled qi or ch’i.)
`Without
`adequate
`chi
`circulating
`through the body, internal organs stop func-
`
`tioning. 'Chi, which fuels all body and mind
`processes, is augmented by food and oxy-
`gen and reduced by illness,
`toxins, and
`stress. Chinese anatomy and physiology
`study the process by. which everything in
`the body/mind/ spirit works smoothly,
`including how chi flows through its bodily
`containers, its channels.
`To a traditional Chinese doctor, inter-
`
`nal organs and their associated pathways
`are merely containers of vital energy. Health
`and happiness depend upon the smooth
`flow of chi, an invisible current somewhat
`
`resembling electricity. To study the body by
`merely dissecting organs would be like try-
`ing to research electricity by taking apart a
`television. You can never see the current
`
`because it is like chi. We need to observe chi
`
`in a different way, indirectly.
`Westerners tend to be skeptical about
`chi. Because they can't measure it exactly
`every time, they think it does not exist, that
`it all sounds strange. And there's no word
`for chi in English. But consider this—we
`have each of us, without exception, experi-
`enced it. Have you ever sat in an airport
`waiting room and felt ”butterflies in the
`stomach”? That's stuck chi. Discomfort is
`
`felt because chi is not circulating smoothly.
`If you massaged your stomach, took deep
`breaths, or imagined a pleasant situation,
`the stuck chi would begin to move more
`smoothly.
`Have you ever wanted to yell at
`someone, but stopped yourself because the
`emotions were too strong? Did you feel a
`lump in the throat? That's stuck chi. If the
`circulation of vital energy is constrained
`long enough, it might eventually affect the
`
`
`
`W
`
`

`
`
`
`we
`
`ahill\lV IIK
`
`r-\ I- I. ll
`
`.
`
`thyroid gland. Chinese doctors believe that
`many illnesses come from deficient or
`stuck chi. We may even catch a cold
`because our defenses are low. But this can
`
`be reversed with herbs that affect chi,
`because when chi is unimpaired, defenses
`are free to go wherever needed in the body.
`There is a healthy direction for the
`movement of chi. In a larger sense, the ley
`lines of the earth, the directions of winds,
`the movement of planets, all follow force
`fields of chi. In the human body, chi doesn't
`circulate aimlessly, but in recognizable pat-
`terns. This is true for all living beings. Try to
`pet a cat against the natural direction of his
`fur, and he'll react with a bite or a scratch.
`
`The pathways of chi traverse the body like
`roads. Chi moves downward and inward
`
`toward internal organs, and also upward
`and outward to the surface of the skin.
`
`When chi- is adequate and its meridians are
`balanced, intemal organs are held in place,
`and life's many processes are harmonious.
`How- -do we treat chi imbalances? The
`body always: gives .us signs. In Part Two of
`this .-book you will observe the quantity
`and quality of your chi using traditional
`diagnosis. Imbalances are indicated by the
`appearance of the tongue, by facial color,
`by_ body language, and in other subtle
`ways that mark an interruption in the flow
`of chi. After reaching a working diagnosis,
`we may improve-chi with herbs that affect
`specific areas of