ESTTA Tracking number:
`
`ESTTA1372196
`
`Filing date:
`
`07/19/2024
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91291967
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Defendant
`Honeybiz Australia Pty Ltd
`
`CLIFFORD D. HYRA
`FRESH IP PLC
`11710 PLAZA AMERICA DRIVE SUITE 2000
`RESTON, VA 20190
`UNITED STATES
`Primary email: cliff@freship.com
`Secondary email(s): docketing@freship.com
`866-913-3499
`
`Motion to Dismiss - Rule 12(b)
`
`Micah Gunn
`
`micah@freship.com, cliff@freship.com, docketing@freship.com,
`christine@freship.com
`
`/Micah Gunn/
`
`07/19/2024
`
`20240718 Mot. Dismiss THE MANUKA HONEY PEOPLE.pdf(430200 bytes )
`Exhibit A.pdf(3051125 bytes )
`Exhibit B.pdf(425897 bytes )
`Exhibit C.pdf(622431 bytes )
`Exhibit D.pdf(333561 bytes )
`Exhibit E.pdf(757141 bytes )
`Exhibit F.pdf(747026 bytes )
`Exhibit G.pdf(376494 bytes )
`Exhibit H.pdf(391581 bytes )
`Exhibit I.pdf(249147 bytes )
`85385581.pdf(91998 bytes )
`86238564.pdf(2223813 bytes )
`87901601.pdf(46748 bytes )
`88803228.pdf(90213 bytes )
`98007874.pdf(343645 bytes )
`
`

`

`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
` :
`
`
`: Opposition No. 91291967
`: Application No. 86872757
`: Mark:
`:
`:
`:
`:
`:
`:
`:
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`--------------------------------------------------------x
`
`MANUKA CHARITABLE TRUST,
`
` Opposer,
`
`v.
`
`HONEYBIZ AUSTRALIA PTY LTD,
`
` Applicant.
`
`--------------------------------------------------------x
`
`
`APPLICANT’S MOTION TO DISMISS OPPOSITION FOR FAILURE TO STATE A
`CLAIM
`
`Applicant, HONEYBIZ AUSTRALIA PTY LTD (hereinafter “Applicant”), through its
`
`
`
`
`
`
`
`
`undersigned counsel, hereby moves pursuant to Fed.R.Civ.P. 12(b)(6) and §503 to dismiss the
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`Notice of Opposition No. 91291967 (the “Complaint”) filed by Opposer, MANUKA
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`CHARITABLE TRUST (hereinafter “Opposer”), in opposition of Applicant’s US Trademark
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`App No. 86872757 (hereinafter “Application”), because it fails to state a claim upon which relief
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`may be granted.
`
`
`
`Opposer’s complaint under Trademark Act Section 2(a) for an alleged false suggestion fails
`
`to establish standing or a valid ground for opposition.
`
`Even if all of Opposer’s allegations are accepted as true, the Complaint fails to establish
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`that Opposer: (1) has standing, or (2) has a valid ground for opposition.
`
`A notice of opposition must allege sufficient facts that would, if proved, establish that (1)
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`1
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`

`

`
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`it has standing, and (2) a valid ground exists for opposing the subject application. Lipton
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`
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`Industries, Inc. v. Ralston Purina Co., 670 F.2d 1024, 213 SPQ 185, 187 (CCPA 1982).
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`Specifically, “a complaint must contain sufficient factual matter, accepted as true, to ‘state a
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`claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 129 S. Ct. 1937,
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`1949 (2009), quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007). In particular, a
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`plaintiff need allege “enough factual matter ... to suggest that [a claim is plausible]” and “raise a
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`right to relief above the speculative level.” Totes-Isotoner Corp. v. U.S., 594 F.3d 1346, 1354
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`(Fed. Cir. 2010).
`
`All of opposer’s well-pleaded allegations must be accepted as true, and the claims must
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`be construed in the light most favorable to opposer. See Advanced Cardiovascular Sys. Inc. v.
`
`SciMed Life Sys. Inc., 988 F.2d 1157, 26 USPQ2d 1038, 1041 (Fed. Cir. 1993). However, the
`
`claimant must allege well-pleaded factual matter and more than “[t]hreadbare recitals of the
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`elements of a cause of action, supported by mere conclusory statements.” Ashcroft v. Iqbal, 556
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`U.S. 662, 678 (2009) (citing Twombly, 550 U.S. at 555). See, e.g., Dragon Bleu (SARL) v.
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`VENM, LLC, 112 USPQ2d 1925, 1926 (TTAB 2014) (motion to dismiss applicant’s fraud, non-
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`use and abandonment counterclaims granted); Covidien LP v. Masimo Corp., 109 USPQ2d 1696,
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`1697 (TTAB 2014).
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`Opposer’s Complaint fails to plead facts sufficient to establish standing or a ground for
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`opposition under Trademark Act Section 2(a) for a “False suggestion of a connection with
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`persons, living or dead, institutions, beliefs, or national symbols”.
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`
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`
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`2
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`

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`(1) Opposer lacks standing
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`
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`At the pleading stage, all that is required is that a plaintiff allege facts sufficient to show
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`it has an interest within the zone of interests protected by statute, i.e., a "real interest" and
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`damage proximately caused by registration, i.e., a "reasonable basis" for its belief that it would
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`suffer some kind of damage if the mark is registered. Corcamore, LLC v. SFM, LLC, 978 F.3d
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`1298, 2020 USPQ2d 11277, at *4 (Fed. Cir. 2020) ("we discern no meaningful, substantive
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`difference between the analytical frameworks expressed in Lexmark and Empresa
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`Cubana."), cert denied, 141 S. Ct. 2671 (2021). See also Empresa Cubana del Tabaco v. General
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`Cigar Co., 753 F.3d 1270, 111 USPQ2d 1058, 1062 (Fed. Cir. 2014).
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`Opposer is not a real party in interest in this proceeding and has no reasonable basis for
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`the belief that it will be damaged by the issuance of Applicant’s registration.
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`The only basis given for Opposer’s opposition is “False suggestion of a connection”
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`under Trademark Act Section 2(a). However, Opposer does not assert a false suggestion of a
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`connection with itself. In fact, Opposer does not allege a false suggestion of a connection with
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`anything in particular. Opposer does allege that “‘Mānuka’ and ‘Mānuka honey’ would be
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`recognized as terms that point to New Zealand-based entities that support Māori cultural
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`heritage.” However, the Opposer does not specify which “New-Zealand-based entities,” or
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`whether there is any connection between such entities and Opposer.
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`To plead a "real interest," an opposer must allege a "direct and personal stake" in the
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`outcome of the proceeding. E.g., Empresa Cubana del Tabaco v. General Cigar Co., 753 F.3d
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`1270, 111 USPQ2d 1058, 1062 (Fed. Cir. 2014). However, Opposer has not alleged a direct and
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`personal stake, but rather an indirect and impersonal stake- that relevant terms point to unnamed
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`3
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`

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`“New Zealand-based entities.”
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`
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`Furthermore, Opposer has not provided a "reasonable basis" for its belief that it would
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`suffer some kind of damage if the mark is registered. Opposer has alleged as damage only that
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`“an Australian-based entity obtaining a presumption of rights… is contrary to Opposer’s
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`mission…” However, this type of non-commercial alleged damage is exactly the kind that is
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`outside the Trademark Act’s purview. For example, the Board has held that the interest of a
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`consumer in maintaining competition in the market by keeping the register clear of descriptive
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`and generic marks is not sufficient to support standing, because the Trademark Act identifies its
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`interest as regulating commerce and protecting plaintiffs with commercial interests. Curtin v.
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`United Trademark Holdings, Inc., 2023 USPQ2d 535, at *3 (TTAB 2023). “[A] mere consumer
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`that buys goods or services is not under the Trademark Act’s aegis.” Id. The Board further held
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`that allegations of harm to competition or higher prices to consumers were “too remote”, i.e. not
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`direct. Id.
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`The alleged fact that allowing the registration would be “contrary to Opposer’s mission”
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`amounts to a pleading that Opposer would not like it if the mark were to register. If such a claim
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`of damages were found sufficient to support standing, the standing requirement would be
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`vitiated. Any person could bring action against any trademark application on the basis that
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`registration would be contrary to their self-defined mission, or an entity with a convenient
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`“mission” could be created for that purpose. Opposer has not alleged that it faces any
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`commercial damage from registration of Applicant’s mark.
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`There are no allegations in the notice of opposition, even when read in conjunction with
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`any other allegations in the complaint, to demonstrate that Opposer has a real interest in
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`4
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`opposing the Applicant’s mark or that it would be damaged by registration of Applicant’s mark.
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`
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`Thus, even if all of Opposer’s allegations were proved, the Complaint has still failed to plead
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`facts sufficient to support that Opposer has standing.
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`
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`(2) Opposer lacks reasonable grounds for opposition under Trademark Act Section 2(a)
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`The Application is opposed under Trademark Act Section 2(a), which provides a claim of
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`action against a mark for having a “[f]alse suggestion of a connection with persons, living or
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`dead, institutions, beliefs, or national symbols”. To support a claim under Section 2(a), a
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`complaint must allege facts sufficient to establish:
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`(1) The mark is the same as, or a close approximation of, the name or identity previously
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`used by another person;
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`(2) the mark would be recognized as pointing uniquely and unmistakably to that person;
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`(3) the person named by the mark or using the mark is not connected with the activities
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`performed by the applicant under the mark; and
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`(4) the prior user's name or identity is of sufficient fame or reputation that a connection
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`with the person would be presumed when the applicant's mark is used to identify the applicant's
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`goods. Piano Factory Grp. v. Schiedmayer Celesta GMBH, 11 F.4th 1363 (Fed. Cir. 2021). In re
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`Jackson, 103 U.S.P.Q.2d 1417, 1419 (TTAB 2012); see In re Wielinski, 49 U.S.P.Q.2d 1754,
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`1757 (TTAB 1998); 3 McCarthy on Trademarks, § 19:76, at 19-276; see generally Notre Dame,
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`703 F.2d at 1376–1377.
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`5
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`

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`(1) Opposer does not allege that the mark is the same as, or a close approximation of, a name or
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`
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`identity previously used by another person;
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`Opposer’s Complaint fails to make any allegation with respect to Applicant’s mark other
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`than that it was filed for registration. 2 TTABVUE ¶13. The complaint does not allege that
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`Applicant’s mark is the same as, or is a close approximation of anything, much less a name or
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`identity previously used by another entity. The Complaint does not even directly make
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`allegations regarding specific terms within Applicant’s Mark. The Complaint merely states that
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`the Applicant filed for registration of the mark THE MANUKA HONEY PEOPLE. 2 TTABVUE
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`¶13. It also makes allegations about the terms “Mānuka” and “Mānuka honey”. 2 TTABVUE ¶¶
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`2, 4 – 6, and 17. However, the Complaint never explicitly associates these terms with Applicant’s
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`mark or alleges any similarities between these terms and Applicant’s mark, or anything specific
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`to THE MANUKA HONEY PEOPLE other than that it was filed for registration.
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`Even if Opposer had expressly associated the terms “Mānuka” and “Mānuka honey” with
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`Applicant’s mark, Opposer never alleges that Applicant’s mark is the same as, or is a close
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`approximation of, any specific persons, living or dead, institution, beliefs, or national symbol.
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`Opposer does not allege that any entity previously used “Mānuka” or “Mānuka honey,” or even
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`that these terms were or are used by any particular entity, let alone as a name or identity.
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` (2) Opposer has not alleged that the mark would be recognized as pointing uniquely and
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`unmistakably to such a person;
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`Opposer has merely alleged that “Manuka” and “Manuka honey” would be “recognized
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`as terms that point to New Zealand-based entities that support Maori cultural heritage”; however,
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`6
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`Opposer has not alleged that the mark would be recognized as pointing uniquely and
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`unmistakably to a specific entity. 2 TTABVUE ¶17. Instead, Opposer’s Complaint concedes
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`that any such pointing is non-unique and applies to a multitude of entities without specifying
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`which ones or providing any factual basis for why the term would be so recognized. 2
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`TTABVUE ¶17.
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`Opposer has not and cannot in good faith make allegations that Applicant’s mark,
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`, nor even the terms “Manuka” or “Manuka Honey” point uniquely
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`and unmistakably to a specific entity, considering there are 84 active trademark applications and
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`registrations including the term MANUKA (11 including MANUKA HONEY) owned by a
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`variety of different companies from different countries and that the terms are considered
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`descriptive by the USPTO and other intellectual property offices, including the Intellectual
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`Property Office of New Zealand where the mātauranga Māori derives.1
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`Opposer has not and cannot in good faith even allege that the term “Manuka Honey” has
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`any unique and unmistakable association with New Zealand entities. Mānuka honey is produced
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`by European honeybees foraging on the mānuka tree, which evidence suggests originated in
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`Australia before the onset of the Miocene aridity.2 It grows uncultivated throughout both
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`southeastern Australia and New Zealand. Id. The mānuka tree is considered indigenous to
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`southeastern Australia and New Zealand, but mānuka honey is today produced globally. Id. Thus,
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`manuka honey likely originated in Australia, and since it is produced globally, there can be no
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`unique and unmistakable association with New Zealand entities, as Opposer well knows.
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`1 See the May 4, 2016, Office Action in the Application requiring disclaimer of the term “Manuka Honey” at pages 3
`– 4. See Exhibit B.
`2 See https://en.wikipedia.org/wiki/M%C4%81nuka_honey; last accessed: July 18, 2024. Exhibit C.
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`7
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`The Intellectual Property Office of New Zealand itself held that “The word mark
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`MANUKA HONEY is … a common descriptive term…” p. 128, ¶397.3 The UK Intellectual
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`Property Office held that “[b]ased upon the way the mark is presented to the consumer and the
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`understanding of the consumer of what the sign indicates, we have little hesitation in concluding
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`that the sign ‘MANUKA HONEY’ is not only descriptive but is a term that has become
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`customary in the current language of the trade and the bona fide and established practices of the
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`trade to indicate a type of honey”.4 While the Board is obviously not bound by extra
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`jurisdictional holdings, the Board may consider that the terms “manuka” and “manuka honey”
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`are objectively descriptive. Compagnie Gervais Danone v. Precision Formulations LLC, 89
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`USPQ2d at 1256.
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`Dictionary evidence confirms the descriptive nature of this term as meaning “honey from
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`the nectar of the manuka tree, often used for medicinal purposes”.5 Medical websites indicate
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`that manuka honey is made in Australia and New Zealand and has been used since ancient times
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`to treat multiple conditions.6
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`Thus, it is clear that Applicant has not and cannot allege sufficient facts to support the
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`claim element that the mark would be recognized as pointing uniquely and unmistakably to a
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`person who used the mark previously as a name or identity.
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`
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`3 For full 171 page opinion, see Manuka Honey Appellation Society Incorporated v. Australian Manuka Honey
`Association Limited [2023] NZIPOTM 19 (22 May 2023) for the mark MANUKA HONEY in class 30. For relevant
`excerpt, see Exhibit D.
`4 For full 39 page opinion, see UK Decision O/899/21 - Manuka Honey Appellation Society Incorporated v.
`Australian Manuka Honey Association Limited. For relevant excerpt, see Exhibit I.
`5 https://www.dictionary.com/browse/manuka-honey; last accessed: July 18, 2024. See Exhibit E.
`https://www.collinsdictionary.com/us/dictionary/english/manuka-honey; last accessed: July 18, 2024. See Exhibit F.
`https://www.webmd.com/a-to-z-guides/manuka-honey-medicinal-uses; last accessed: July 18, 2024. See Exhibit G.
`6 See Exhibit G.
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`(3) Opposer has not alleged that the person named by the mark or using the mark is not
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`connected with the activities performed by the applicant under the mark
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`Opposer has not alleged that there is any entity named by the mark or using the mark, nor
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`that such entity is not connected with the activities performed by the applicant under the mark.
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`(4) the prior user's name or identity is of sufficient fame or reputation that a connection with the
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`person would be presumed when the applicant's mark is used to identify the applicant's goods.
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`Opposer’s Complaint does not allege a prior user’s name or identity being of sufficient
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`fame or reputation that a connection with the person would be presumed when the applicant’s
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`mark is used to identify the applicant’s goods. The Notice of Opposition does not allege that
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`there is any prior user, nor does it allege anything with regard to a connection being presumed
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`when applicant’s mark is used to identify applicant’s goods. Opposer alleges that “U.S.
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`consumers with Māori ties or connections are conscious of the mātauranga Māori and know that
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`New Zealand is the recognized home for the Māori people and its taonga”. 2 TTABVUE ¶11.
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`However, this allegation does not say anything about the fame or reputation of a prior user’s
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`name or identity. Opposer further alleges that “‘Mānuka’ and ‘Mānuka honey’ would be
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`recognized as terms that point to New Zealand-based entities that support Māori cultural
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`heritage”. 2 TTABVUE ¶17. However, these entities apparently have such little fame and
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`reputation that the Opposer does not even care to mention who they are.
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`Opposer fails to allege what the Applicant’s mark is falsely suggesting an association
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`with, let alone that such entity is famous or has a strong reputation, or that a connection would be
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`presumed when applicant’s mark
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` is used in connection with its
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`9
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`cosmetic and pharmaceutical goods.
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`Opposer makes only conclusory allegations as to a claim of false suggestion of a
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`connection, with no indication as to what that supposed connection is with. Because the notice of
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`opposition contains no specific allegations of the individual elements necessary to this claim, the
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`notice of opposition fails to state a claim of false suggestion of a connection. Furthermore, it is
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`apparent that Opposer cannot in good faith make allegations that would be sufficient to state a
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`claim. Accordingly, Opposer’s Notice of Opposition should be dismissed without leave to
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`amend.
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`Respectfully submitted,
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`FRESH IP PLC
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`July 19, 2024
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`/Micah Gunn/
`Micah Gunn
`/Cliff Hyra/
`Clifford D. Hyra
`11710 Plaza America Drive, Suite 2000
`Reston, Virginia 20190
`(866) 913-3499
`micah@freship.com
`cliff@freship.com
`
`ATTORNEYS FOR APPLICANT
`HONEYBIZ AUSTRALIA PTY LTD
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`10
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`CERTIFICATE OF SERVICE
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`
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`The undersigned certifies that a true and complete copy of the foregoing APPLICANT’S
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`MOTION TO DISMISS OPPOSITION FOR FAILURE TO STATE A CLAIM has been served
`on counsel for Opposer on this day, by email as follows:
`
`
`ETHAN VODDE
`VODDE IP, PLLC
`5428 REGAL ST. #30956
`SPOKANE, WA 99223
`UNITED STATES
`ethan@voddeip.com
`Phone: 5092900667
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`/Micah Gunn/
`Micah Gunn
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`11
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`

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`EXHIBIT A
`
`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 1957 (Rev 10/2011)
`
`OMB No. 0651-0050 (Exp 07/31/2017)
`
`Response to Office Action
`
`The table below presents the data as entered.
`
`Input Field
`
`Entered
`
`SERIAL NUMBER
`
`LAW OFFICE ASSIGNED
`
`MARK SECTION (current)
`
`MARK
`
`LITERAL ELEMENT
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`MARK STATEMENT
`
`MARK SECTION (proposed)
`
`MARK FILE NAME
`
`LITERAL ELEMENT
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`COLOR MARK
`
`DESCRIPTION OF THE MARK
`(and Color Location, if applicable)
`
`PIXEL COUNT ACCEPTABLE
`
`PIXEL COUNT
`
`ARGUMENT(S)
`
`86872757
`
`LAW OFFICE 113
`
`https://tmng-al.uspto.gov/resting2/api/img/86872757/large
`
`THE MANUKA HONEY PEOPLE
`
`YES
`
`YES
`
`The mark consists of standard characters, without claim to any particular font style,
`size or color.
`
`\\TICRS\EXPORT17\IMAGEOUT 17\868\727\86872757\xml2\ ROA0002.JPG
`
`THE MANUKA HONEY PEOPLE
`
`NO
`
`NO
`
`NO
`
`The mark consists of the words "the Manuka Honey People" in stylized form.
`
`NO
`
`291 x 36
`
` 
`Drawing Requirements
` 
`Applicant amends the drawing by herewith submitting a new drawing that substantially conforms to the mark shown in the foreign
`registration.  Applicant agrees with the Examiner’s remarks in the Office Action that amending the drawing of the mark in the
`U.S. application to agree with the mark in the foreign registration is not a material alteration of the mark in this case. 
` 
`Disclaimer Requirement
` 
`No claim is made to the exclusive right to use "MANUKA HONEY" apart from the mark as shown. 
` 
` 
`Information Requirement. 
` 
`The responses to the Examiner's questions for additional information are as follows:
` 
`1)  Yes
`2)  No
`3)  Yes
`
`

`

`EXHIBIT A
`
`4)  No
`5)  No
` 
`Miscellaneous
` 
`The filing basis for the class 30 goods (Manuka honey) should only be 1(b) and not also 44(e).  Attempts to delete the 44(e) basis
`on the TEAS system were unsuccessful. 
`
`GOODS AND/OR SERVICES SECTION (003)(current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`003
`
`(Based on 44(e)) Anti-sun preparations; body creams; cosmetics; cosmetics for personal use; cosmetics for protecting the skin from sunburn;
`cosmetics for the treatment of dry skin; cosmetics for use on hair; cosmetics for use on skin; cosmetics in form of creams; cosmetics in form of
`lotions; essential oils for use in cosmetics; hair cosmetics; night creams; non-medicated cosmetics; nourishing creams; oils for the skin;
`skincare cosmetics; sun barriers; sun blocking cream; sun blocking lotions; sun blocking preparations; sun protecting creams; beauty care
`products; beauty creams; beauty gels; beauty face packs; beauty products; non-medication beauty preparations; body moisturisers; cosmetic
`moisturisers; facial moisturisers; non-medicated moisturisers; after sun moisturisers; ointments for cosmetic use; bath soap; body soap; bar
`soap; cakes of soap; cosmetic soaps; shower soap; soap; hand cream
`
`FILING BASIS
`
`        FOREIGN REGISTRATION NUMBER
`
`       FOREIGN REGISTRATION
`       COUNTRY
`
`       FOREIGN REGISTRATION
`       DATE
`
`       FOREIGN EXPIRATION DATE
`
`       DATE FOREIGN REGISTRATION
`       RENEWED
`        (if applicable)
`
`Section 44(e)
`
`1563543
`
`Australia
`
`06/19/2013
`
`06/19/2023
`
`06/19/2023
`
`GOODS AND/OR SERVICES SECTION (003)(proposed)
`
`INTERNATIONAL CLASS
`
`003
`
`TRACKED TEXT DESCRIPTION
`
`(Based on 44(e)) Anti-sun preparations; Anti-sun cosmetic preparations; body creams; cosmetic body creams; cosmetics; cosmetics for
`personal use; cosmetics for protecting the skin from sunburn; cosmetics for the treatment of dry skin; non-medicated cosmetics for the
`treatment of dry skin; cosmetics for use on hair; cosmetics for use on skin; cosmetics in form of creams; cosmetics in form of lotions; essential
`oils for use in cosmetics; essential oils for use in the manufacturing of cosmetics; essential oils sold as components of cosmetics; night creams;
`hair cosmetics; cosmetic night creams; nourishing creams; non-medicated cosmetics; oils for the skin; cosmetic nourishing creams; cosmetic
`oils for the skin; sun barriers; skincare cosmetics; sun blocking cream; cosmetic sun barriers; sun blocking lotions; cosmetic sun blocking
`cream; sun blocking preparations; cosmetic sun blocking lotions; sun protecting creams; cosmetic sun blocking preparations; beauty care
`products; cosmetic sun protecting creams; beauty care cosmetic products; beauty creams; beauty face packs; beauty gels; beauty products;
`beauty face packs, namely, facial masks; beauty products, namely, skin care preparations; non-medication beauty preparations; body
`moisturisers; facial moisturisers; cosmetic moisturisers; non-medicated moisturisers; cosmetic facial moisturisers; non-medicated skin
`moisturisers; ointments for cosmetic use; after sun moisturisers; non-medicated ointments for cosmetic use; bath soap; body soap; bar soap;
`cakes of soap; cosmetic soaps; shower soap; soap; hand cream; all of the foregoing containing Manuka honey
`
`FINAL DESCRIPTION
`
`Anti-sun cosmetic preparations; cosmetic body creams; cosmetics; cosmetics for personal use; cosmetics for protecting the skin from sunburn;
`non-medicated cosmetics for the treatment of dry skin; cosmetics for use on hair; cosmetics for use on skin; cosmetics in form of creams;
`cosmetics in form of lotions; essential oils for use in the manufacturing of cosmetics; essential oils sold as components of cosmetics; hair
`cosmetics; cosmetic night creams; non-medicated cosmetics; cosmetic nourishing creams; cosmetic oils for the skin; skincare cosmetics;
`cosmetic sun barriers; cosmetic sun blocking cream; cosmetic sun blocking lotions; cosmetic sun blocking preparations; cosmetic sun
`protecting creams; beauty care cosmetic products; beauty creams; beauty gels; beauty face packs, namely, facial masks; beauty products,
`namely, skin care preparations; non-medication beauty preparations; body moisturisers; cosmetic moisturisers; cosmetic facial moisturisers;
`non-medicated skin moisturisers; after sun moisturisers; non-medicated ointments for cosmetic use; bath soap; body soap; bar soap; cakes of
`soap; cosmetic soaps; shower soap; soap; hand cream; all of the foregoing containing Manuka honey
`
`

`

`FILING BASIS
`
`       FOREIGN REGISTRATION NUMBER
`
`       FOREIGN REGISTRATION
`       COUNTRY
`
`       FOREIGN REGISTRATION
`       DATE
`
`       FOREIGN EXPIRATION DATE
`
`       DATE FOREIGN REGISTRATION
`       RENEWED
`        (if applicable)
`
`       FOREIGN REGISTRATION FILE NAME(S)
`
`       ORIGINAL PDF FILE
`
`       CONVERTED PDF FILE(S)
`       (2 pages)
`
`       
`
`EXHIBIT A
`
`Section 44(e)
`
`1563543
`
`Australia
`
`06/19/2013
`
`06/19/2023
`
`06/19/2023
`
`FRU0-20915515266-152647631_._AU1563543_color.PDF
`
`\\TICRS\EXPORT17\IMAGEOUT17\868\727\86872757\xml2\ROA0003.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\868\727\86872757\xml2\ROA0004.JPG
`
`GOODS AND/OR SERVICES SECTION (005)(current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`005
`
`(Based on 44(e)) Preparations for application to the body (pharmaceuticals); preparations for application to the skin (pharmaceuticals);
`preparations for body care (pharmaceuticals); capsules for medicinal purposes; dermatological substances in the form of ointments; medicated
`ointments for application to the skin; medicated preparations in the form of ointments; medicinal ointments; protective ointments; sunburn
`ointments; hand creams for medicinal use
`
`FILING BASIS
`
`        FOREIGN REGISTRATION NUMBER
`
`       FOREIGN REGISTRATION
`       COUNTRY
`
`       FOREIGN REGISTRATION
`       DATE
`
`       FOREIGN EXPIRATION DATE
`
`       DATE FOREIGN REGISTRATION
`       RENEWED
`        (if applicable)
`
`Section 44(e)
`
`1563543
`
`Australia
`
`06/19/2013
`
`06/19/2023
`
`06/19/2023
`
`GOODS AND/OR SERVICES SECTION (005)(proposed)
`
`INTERNATIONAL CLASS
`
`005
`
`TRACKED TEXT DESCRIPTION
`
`(Based on 44(e)) Preparations for application to the body (pharmaceuticals); Pharmaceutical preparations for application to the body for skin
`care; preparations for application to the skin (pharmaceuticals); pharmaceutical preparations for application to the skin for skin care;
`preparations for body care (pharmaceuticals); pharmaceutical preparations for body care, namely, for skin care; capsules for medicinal
`purposes; dermatological substances in the form of ointments; medicated ointments for application to the skin for skin care; medicated
`ointments for application to the skin; medicated preparations in the form of ointments for treating dermatological conditions; medicated
`preparations in the form of ointments; medicinal ointments for eczema; medicinal ointments; medicated sunburn ointments; protective
`ointments; hand creams for medicinal use; sunburn ointments; all of the foregoing containing Manuka honey
`
`FINAL DESCRIPTION
`
`Pharmaceutical preparations for application to the body for skin care; pharmaceutical preparations for application to the skin for skin care;
`pharmaceutical preparations for body care, namely, for skin care; dermatological substances in the form of ointments; medicated ointments for
`application to the skin for skin care; medicated preparations in the form of ointments for treating dermatological conditions; medicinal
`ointments for eczema; medicated sunburn ointments; hand creams for medicinal use; all of the foregoing containing Manuka honey
`
`FILING BASIS
`
`Section 44(e)
`
`

`

`       FOREIGN REGISTRATION NUMBER
`
`       FOREIGN REGISTRATION
`       COUNTRY
`
`       FOREIGN REGISTRATION
`       DATE
`
`       FOREIGN EXPIRATION DATE
`
`       DATE FOREIGN REGISTRATION
`       RENEWED
`        (if applicable)
`
`EXHIBIT A
`
`1563543
`
`Australia
`
`06/19/2013
`
`06/19/2023
`
`06/19/2023
`
`GOODS AND/OR SERVICES SECTION (030)(current)
`
`INTERNATIONAL CLASS
`
`030
`
`DESCRIPTION
`
`FILING BASIS
`
`       FOREIGN EXPIRATION DATE
`
`       DATE FOREIGN REGISTRATION
`       RENEWED
`        (if applicable)
`
`(Based on Intent to Use) Honey
`
`Section 1(b)
`
`06/19/2023
`
`06/19/2023
`
`GOODS AND/OR SERVICES SECTION (030)(proposed)
`
`INTERNATIONAL CLASS
`
`030
`
`TRACKED TEXT DESCRIPTION
`
`(Based on Intent to Use) Honey; Manuka honey
`
`FINAL DESCRIPTION
`
`FILING BASIS
`
`       FOREIGN EXPIRATION DATE
`
`       DATE FOREIGN REGISTRATION
`       RENEWED
`        (if applicable)
`
`Manuka honey
`
`Section 1(b)
`
`06/19/2023
`
`06/19/2023
`
`GOODS AND/OR SERVICES SECTION (008)(class added)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`008
`
`beauty care products and beauty products, namely, manicure and pedicure implements, namely, nail files, nail clippers, cuticle pushers,
`tweezers, nail and cuticle scissors
`
`FILING BASIS
`
`        FOREIGN REGISTRATION NUMBER
`
`       FOREIGN REGISTRATION
`       COUNTRY
`
`       FOREIGN REGISTRATION
`       DATE
`
`       FOREIGN EXPIRATION DATE
`
`       DATE FOREIGN REGISTRATION
`       RENEWED
`        (if applicable)
`
`       FOREIGN REGISTRATION FILE NAME(S)
`
`       ORIGINAL PDF FILE
`
`       CONVERTED PDF FILE(S)
`
`Section 44(e)
`
`1563543
`
`Australia
`
`06/19/2013
`
`06/19/2023
`
`06/19/2023
`
`FRN0-20915515266-152647631_._AU1563543_color.PDF
`
`

`

`       (2 pages)
`
`       
`
`\\TICRS\EXPORT17\IMAGEOUT17\868\727\86872757\xml2\ROA0005.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\868\727\86872757\xml2\ROA0006.JPG
`
`EXHIBIT A
`
`GOODS AND/OR SERVICES SECTION (021)(class added)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`021
`
`beauty care products and beauty products, namely, cosmetic spatulas and cosmetic brushes; beauty face packs, namely, kits composed of
`cosmetic brushes and sponges
`
`FILING BASIS
`
`        FOREIGN REGISTRATION NUMBER
`
`       FOREIGN REGISTRATION
`       COUNTRY
`
`       FOREIGN REGISTRATION
`       DATE
`
`       FOREIGN EXPIRATION DATE
`
`       DATE FOREIGN REGISTRATION
`       RENEWED
`        (if applicable)
`
`       FOREIGN REGISTRATION FILE NAME(S)
`
`       ORIGINAL PDF FILE
`
`       CONVERTED PDF FILE(S)
`       (2 pages)
`
`       
`
`PAYMENT SECTION
`
`NUMBER OF CLASSES
`
`APPLICATION FOR REGISTRATION PER CLASS
`
`TOTAL FEES DUE
`
`SIGNATURE SECTION
`
`DECLARATION SIGNATURE
`
`RESPONSE SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`AUTHORIZED SIGNATORY
`
`FILING INFORMATION SECTION
`
`SUBMIT DATE
`
`TEAS STAMP
`
`Section 44(e)
`
`1563543
`
`Australia
`
`06/19/2013
`
`06/19/2023
`
`06/19/2023
`
`FRN1-20915515266-152647631_._AU1563543_color.PDF
`
`\\TICRS\EXPORT17\IMAGEOUT17\868\727\86872757\xml2\ROA0007.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\868\727\86872757\xml2\ROA0008.JPG
`
`2
`
`325
`
`650
`
`The filing Attorney has elected not to submit the signed declaration, believing no
`supporting declaration is required under the Trademark Rules of Practice.
`
`/pak/
`
`Paul A. Keller
`
`Attorney for Applicant
`
`248-641-1600
`
`11/04/2016
`
`YES
`
`Fri Nov 04 13:26:09 EDT 2016
`
`USPTO/ROA-XXX.XXX.XXX.XX-
`20161104132609817940-8687
`2757-570fc75cd161fc2652f1
`69ff40dcb5f3f7ccb12c4364b
`3c20f884db57e1f57535-DA-9
`987-20161104132143761427
`
`

`

`EXHIBIT A
`
`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 1957 (Rev 10/2011)
`
`OMB No. 0651-0050 (Exp 07/31/2017)
`
`To the Commissioner for Trademarks:
`
`Response to Office Action
`
`Application serial no. 86872757 THE MANUKA HONEY PEOPLE(Standard Characters, see https://tmng-
`al.uspto.gov/resting2/api/img/86872757/large) has been amended as follows:
`
`MARK
`Applicant proposes to amend the mark as follows:
`Current: THE MANUKA HONEY PEOPLE(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/86872757/large)
`Proposed: THE MANUKA HONEY PEOPLE (Stylized and/or with Design, see mark)
`The applicant is not claiming color as a feature of the mark.
`The mark consists of the words "the Manuka Honey People" in stylized form.
`
`ARGUMENT(S)
`In response to the substantive refusal(s), please note the following: