From: Makhdoom, Saima
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`Sent: 4/19/2017 5:22:13 PM
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`To: TTAB EFiling
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`CC:
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`Subject: U.S. TRADEMARK APPLICATION NO. 86801521 - GESUNDHEIT - TIPS-8017 - Request for
`Reconsideration Denied - Return to TTAB - Message 1 of 4
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`*************************************************
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`Attachment Information:
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`Count: 13
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`Files: mm-1.jpg, mm-2.jpg, mm-3.jpg, -1.jpg, -2.jpg, -3.jpg, duplicate name 56851 -1.jpg, duplicate name
`56852 -2.jpg, duplicate name 56852 -3.jpg, -4.jpg, duplicate name 56878 -1.jpg, duplicate name 56878 -
`2.jpg, 86801521.doc
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`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
`
`U.S. APPLICATION SERIAL NO. 86801521
`
`
`
`MARK: GESUNDHEIT
`
`
`
`CORRESPONDENT ADDRESS:
` MARK D. SWANSON
`
` PAULEY ERICKSON & KOTTIS
`
`
`
`*86801521*
`
`
`
`GENERAL TRADEMARK INFORMATION:
`
`http://www.uspto.gov/trademarks/index.jsp
`
` 2800 WEST HIGGINS RD.SUITE 365
`
`
`
` HOFFMAN ESTATES, IL 60169
`
`VIEW YOUR APPLICATION FILE
`
`
`
`APPLICANT: Zaluvida Holdings Pte. Ltd.
`
`
`
`CORRESPONDENT’S REFERENCE/DOCKET NO:
`
` TIPS-8017
`
`CORRESPONDENT E-MAIL ADDRESS:
`
` PTO@pauleyip.com
`
`
`
`
`
`REQUEST FOR RECONSIDERATION DENIED
`
`
`
`
`
`ISSUE/MAILING DATE: 4/19/2017
`
`The trademark examining attorney has carefully reviewed applicant’s request for reconsideration and is
`denying the request for the reasons stated below. See 37 C.F.R. §2.63(b)(3); TMEP §§715.03(a)(ii)(B),
`715.04(a). The following requirement(s) and/or refusal(s) made final in the Office action dated
`September 19, 2017 are maintained and continue to be final: Refusal To Register under Sections 2(d)
`and 2(e)(1) and Identification of Goods and Services. See TMEP §§715.03(a)(ii)(B), 715.04(a). The
`following requirement(s) and/or refusal(s) made final in the Office action are satisfied: Certificate of
`Foreign Registration. See TMEP §§715.03(a)(ii)(B), 715.04(a).
`
`
`
`

`

`In the present case, applicant’s request has not resolved all the outstanding issue(s), nor does it raise a
`new issue or provide any new or compelling evidence with regard to the outstanding issue(s) in the final
`Office action. In addition, applicant’s analysis and arguments are not persuasive nor do they shed new
`light on the issues. Accordingly, the request is denied.
`
`
`
`If applicant has already filed a timely notice of appeal with the Trademark Trial and Appeal Board, the
`Board will be notified to resume the appeal. See TMEP §715.04(a).
`
`
`
`Refusal To Register Under Section 2(d)—Likelihood of Confusion
`
`Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S.
`Registration No. 3855216. Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01.
`
`
`
`Trademark Act Section 2(d) bars registration of an applied-for mark that so resembles a registered mark
`that it is likely a potential consumer would be confused, mistaken, or deceived as to the source of the
`goods and/or services of the applicant and registrant. See 15 U.S.C. §1052(d). A determination of
`likelihood of confusion under Section 2(d) is made on a case-by case basis and the factors set forth in In
`re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973) aid in this
`determination. Citigroup Inc. v. Capital City Bank Grp., Inc., 637 F.3d 1344, 1349, 98 USPQ2d 1253, 1256
`(Fed. Cir. 2011) (citing On-Line Careline, Inc. v. Am. Online, Inc., 229 F.3d 1080, 1085, 56 USPQ2d 1471,
`1474 (Fed. Cir. 2000)). Not all the du Pont factors, however, are necessarily relevant or of equal weight,
`and any one of the factors may control in a given case, depending upon the evidence of record.
`Citigroup Inc. v. Capital City Bank Grp., Inc., 637 F.3d at 1355, 98 USPQ2d at 1260; In re Majestic
`Distilling Co., 315 F.3d 1311, 1315, 65 USPQ2d 1201, 1204 (Fed. Cir. 2003); see In re E. I. du Pont de
`Nemours & Co., 476 F.2d at 1361-62, 177 USPQ at 567.
`
`In the present case, applicant’s mark is GESUNDHEIT and registrant’s mark is GESUNDHEIT. Thus, the
`marks are identical in terms of appearance and sound. In addition, the connotation and commercial
`impression of the marks do not differ when considered in connection with the applicant’s and
`registrant’s respective goods and/or services. Therefore, the marks are confusingly similar.
`
`Applicant’s services, namely, advisory and consulting services relating to beauty treatment, namely,
`beauty consultation services in the selection and use of cosmetics, fragrances, beauty aids, personal
`care products, and hair, skin and body care products; advisory and consulting services relating to health
`care; advisory and consulting services relating to medical problems, namely, providing medical advice in
`the field of treatment of obesity, prevention of obesity, anti-infection, anti-inflammatory, treatment and
`prevention of cardiovascular diseases, immunotherapy, cognitive health, nasal health, oral health,
`dental health, treatment of gastrointestinal health, joint health and wound care, blood glucose
`management; dietetic advisory services; health care, namely, providing health care services; health
`counseling; health spa advisory services for health and/or wellness of the body and/or spirit; hospitals;
`
`

`

`hygienic and beauty care for human beings; information services relation to health care; medical
`advisory services; medical assistance; medical services; nutritional advisory and consultation services;
`pharmaceutical advisory services; preparation of reports relating to health care matters, namely, in the
`field of treatment of obesity, prevention of obesity, anti-infection, anti-inflammatory, treatment and
`prevention of cardiovascular diseases, immunotherapy, cognitive health, nasal health, oral health,
`dental health, treatment of gastrointestinal health, joint health and wound care, blood glucose
`management; providing information relating to dietary and nutritional guidance; rental of medical and
`health care equipment; technical consultancy services relating to health and safety, namely, in the field
`of treatment of obesity, prevention of obesity, anti-infection, anti-inflammatory, treatment and
`prevention of cardiovascular diseases, immunotherapy, cognitive health, nasal health, oral health,
`dental health, treatment of gastrointestinal health, joint health and wound care, blood glucose
`management; therapy services for the treatment of obesity, prevention of obesity, anti-infection, anti-
`inflammatory, treatment and prevention of cardiovascular diseases, immunotherapy, cognitive health,
`nasal health, oral health, dental health, treatment of gastrointestinal health, joint health and wound
`care, blood glucose management are identical or closely related to registrant’s services, namely,
`newsletters in the field of health and wellbeing. The evidence shows that these types of goods
`frequently originate from a single source and are marketed in the same channels of trade.
`
`The overriding concern is not only to prevent buyer confusion as to the source of the goods and/or
`services, but to protect the registrant from adverse commercial impact due to use of a similar mark by a
`newcomer. See In re Shell Oil Co., 992 F.2d 1204, 1208, 26 USPQ2d 1687, 1690 (Fed. Cir.
`1993). Therefore, any doubt regarding a likelihood of confusion determination is resolved in favor of the
`registrant. TMEP §1207.01(d)(i); see Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1265, 62
`USPQ2d 1001, 1003 (Fed. Cir. 2002); In re Hyper Shoppes (Ohio), Inc., 837 F.2d 463, 464-65, 6 USPQ2d
`1025, 1025 (Fed. Cir. 1988).
`
`In light of the similarities between the marks and the closely related nature of the goods and/or
`services, the examining attorney has determined that the mark cannot proceed to registration.
`
`This refusal is limited to the following services in Class 044: “advisory and consulting services relating to
`beauty treatment, namely, beauty consultation services in the selection and use of cosmetics,
`fragrances, beauty aids, personal care products, and hair, skin and body care products; advisory and
`consulting services relating to health care; advisory and consulting services relating to medical problems,
`namely, providing medical advice in the field of treatment of obesity, prevention of obesity, anti-
`infection, anti-inflammatory, treatment and prevention of cardiovascular diseases, immunotherapy,
`cognitive health, nasal health, oral health, dental health, treatment of gastrointestinal health, joint
`health and wound care, blood glucose management; dietetic advisory services; health care, namely,
`providing health care services; health counseling; health spa advisory services for health and/or wellness
`of the body and/or spirit; hospitals; hygienic and beauty care for human beings; information services
`relation to health care; medical advisory services; medical assistance; medical services; nutritional
`advisory and consultation services; pharmaceutical advisory services; preparation of reports relating to
`health care matters, namely, in the field of treatment of obesity, prevention of obesity, anti-infection,
`anti-inflammatory, treatment and prevention of cardiovascular diseases, immunotherapy, cognitive
`health, nasal health, oral health, dental health, treatment of gastrointestinal health, joint health and
`
`

`

`wound care, blood glucose management; providing information relating to dietary and nutritional
`guidance; rental of medical and health care equipment; technical consultancy services relating to health
`and safety, namely, in the field of treatment of obesity, prevention of obesity, anti-infection, anti-
`inflammatory, treatment and prevention of cardiovascular diseases, immunotherapy, cognitive health,
`nasal health, oral health, dental health, treatment of gastrointestinal health, joint health and wound
`care, blood glucose management; therapy services for the treatment of obesity, prevention of obesity,
`anti-infection, anti-inflammatory, treatment and prevention of cardiovascular diseases, immunotherapy,
`cognitive health, nasal health, oral health, dental health, treatment of gastrointestinal health, joint
`health and wound care, blood glucose management.”
`
`Applicant has stated that the cited registration will be cancelled in March 2017. The cited registration
`remains active until the full grace period has elapsed; therefore, the final refusal to register the mark
`under Section 2(d) must be continued and maintained.
`
`Refusal To Register—Mark Is Merely Descriptive
`
`Registration is refused because the applied-for mark merely describes the purpose of applicant’s goods
`and/or services. Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03
`et seq. A mark is merely descriptive if it describes an ingredient, quality, characteristic, function, feature,
`purpose, or use of an applicant’s goods and/or services. TMEP §1209.01(b); see, e.g., In re TriVita, Inc.,
`783 F.3d 872, 874, 114 USPQ2d 1574, 1575 (Fed. Cir. 2015) (quoting In re Oppedahl & Larson LLP, 373
`F.3d 1171, 1173, 71 USPQ2d 1370, 1371 (Fed. Cir. 2004)); In re Steelbuilding.com, 415 F.3d 1293, 1297,
`75 USPQ2d 1420, 1421 (Fed. Cir. 2005) (citing Estate of P.D. Beckwith, Inc. v. Comm’r of Patents, 252 U.S.
`538, 543 (1920)).
`
`The determination of whether a mark is merely descriptive is made in relation to an applicant’s goods
`and/or services, not in the abstract. DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d
`1247, 1254, 103 USPQ2d 1753, 1757 (Fed. Cir. 2012); In re The Chamber of Commerce of the U.S., 675
`F.3d 1297, 1300, 102 USPQ2d 1217, 1219 (Fed. Cir. 2012); TMEP §1209.01(b); see, e.g., In re Polo Int’l
`Inc., 51 USPQ2d 1061, 1062-63 (TTAB 1999) (finding DOC in DOC-CONTROL would refer to the
`“documents” managed by applicant’s software rather than the term“doctor” shown in a dictionary
`definition).
`
`
`
`Under the doctrine of foreign equivalents, a mark that consists of or comprises a word or words from a
`modern foreign language will be translated into English to determine descriptiveness and/or
`genericness. Palm Bay Imps., Inc. v. Veuve Clicquot Ponsardin Maison Fondee en 1772, 396 F.3d 1369,
`1377, 73 USPQ2d 1689, 1696 (Fed. Cir. 2005) (citing In re Sarkli, Ltd., 721 F.2d 353, 354, 220 USPQ 111,
`113 (Fed. Cir. 1983); In re Am. Safety Razor Co., 2 USPQ2d 1459, 1460 (TTAB 1987)); see also In re
`Cordua Rests., Inc., 823 F.3d 594, 602-03, 118 USPQ2d 1632, 1637 (Fed. Cir. 2016); TMEP §1209.03(g).
`
`
`
`The doctrine is applied when it is likely that an ordinary American purchaser would “stop and translate”
`the foreign term into its English equivalent. Palm Bay, 396 F.3d at 1377, 73 USPQ2d at 1696 (quoting In
`
`

`

`re Pan Tex Hotel Corp., 190 USPQ 109, 110 (TTAB 1976)); TMEP §1209.03(g). The ordinary American
`purchaser refers to “all American purchasers, including those proficient in a non-English language who
`would ordinarily be expected to translate words into English.” In re Spirits Int’l, N.V., 563 F.3d 1347,
`1352, 90 USPQ2d 1489, 1492 (Fed. Cir. 2009); see In re Thomas, 79 USPQ2d 1021, 1024 (TTAB 2006)
`(citing J. Thomas McCarthy, McCarthy on Trademarks & Unfair Competition §23:36 (rev. 4th ed.,
`Supp.2006), which states “[t]he test is whether, to those American buyers familiar with the [modern]
`foreign language, the word would denote its English equivalent.”).
`
`
`
`Generally, the doctrine is applied when the English translation is a literal and direct translation of the
`foreign wording. TMEP §1209.03(g); see In re Sadoru Grp., Ltd., 105 USPQ2d 1484, 1485 (TTAB 2012).
`
`The applicant has translated the term GESUNDHEIT as “health” and the attached evidence shows that
`that term is commonly used in the marketplace to identify health related goods and/or services. The
`evidence also shows that the applicant uses the term on its own website in connection with human
`health related services. The mark is being used to convey immediate information about a key feature or
`characteristic of the applicant’s services; therefore, it is merely descriptive.
`
`Non-English wording that is merely descriptive or informational in connection with the identified goods
`and/or services cannot be registered on the Principal Register. TMEP §§1213.03(a), 1213.08(d);
`Applicant applies the mark GESUNDHEIT to information and advisory services in the field of health care,
`cosmetic goods and pharmaceutical products for improving overall health and well-being. The term
`GESUNDHEIT in the mark is a German word which translates in the term “health” in English. See
`attached evidence regarding the meaning of the German term GESUNDHEIT. When the mark is applied
`to applicant’s goods and/or services, the user is immediately informed that the goods are designed to
`improve health or the goods are used in the field of health. The mark conveys immediate information
`about the purpose of the services being offered under the mark because the applicant is providing
`information and advice in the field of health and well-being. Thus the mark is merely descriptive and
`cannot proceed to registration in the Principal Register.
`
`Applicant argues that the mark has other meanings and, therefore, is not merely descriptive in this
`context. The examining attorney respectfully disagrees. Descriptiveness is considered in relation to the
`relevant goods and/or services. DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247,
`1254, 103 USPQ2d 1753, 1757 (Fed. Cir. 2012). “That a term may have other meanings in different
`contexts is not controlling.” In re Franklin Cnty. Historical Soc’y, 104 USPQ2d 1085, 1087 (TTAB 2012)
`(citing In re Bright-Crest, Ltd., 204 USPQ 591, 593 (TTAB 1979)); TMEP §1209.03.
`
`In addition to being merely descriptive, the mark appears to be generic when applied to health care
`services. Therefore, amendment to the Supplemental Register cannot be recommended for health care
`related services in Class 044.
`
`This refusal is continued and maintained.
`
`Identification of Goods and Services
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`

`

`
`
`The highlighted wording in the identification of goods and services is vague and requires additional
`information about the specific type of services being offered in Classes 005 and 044.
`
`
`
`“The purpose of the identification of goods [and/or services] is to provide the general population,
`including consumers and members of the relevant industry, with an understandable description of the
`goods and services, which is done by using the common commercial name for the goods [and/or
`services].” In re Gulf Coast Nutritionals, Inc., 106 USPQ2d 1243, 1247 (TTAB 2013) (citing In re Sones,
`590 F.3d 1282, 1289, 93 USPQ2d 1118, 1124 (Fed. Cir. 2009)). If there is no common, ordinary name for
`the goods and/or services, applicant should describe the goods and/or services using wording that
`would be generally understood by the average person. See Schenley Indus., Inc. v. Battistoni, 112 USPQ
`485, 486 (Comm’r Pats. 1957); Cal. Spray-Chem. Corp. v. Osmose Wood Pres. Co. of Am., 102 USPQ 321,
`322 (Comm’r Pats. 1954); TMEP §1402.01. An in depth knowledge of the relevant field should not be
`necessary for understanding a description of the goods and/or services. TMEP §1402.01. “[T]echnical,
`high-sounding verbiage” should be avoided. Cal. Spray-Chem. Corp. v. Osmose Wood Pres. Co. of Am.,
`102 USPQ at 322. The applicant must specify the exact nature of the services using the common
`commercial name.
`
`
`
`The USPTO has the discretion to determine the degree of particularity needed to clearly identify goods
`and/or services covered by a mark. In re Fiat Grp. Mktg. & Corp. Commc’ns S.p.A, 109 USPQ2d 1593,
`1597 (TTAB 2014) (citing In re Omega SA, 494 F.3d 1362, 1365, 83 USPQ2d 1541, 1543-44 (Fed. Cir.
`2007)). Accordingly, the USPTO requires the description of goods and/or services in a U.S. application to
`be specific, definite, clear, accurate, and concise. TMEP §1402.01; see In re Fiat Grp. Mktg. & Corp.
`Commc’ns S.p.A, 109 USPQ2d at 1597-98; Cal. Spray-Chem. Corp. v. Osmose Wood Pres. Co. of Am., 102
`USPQ 321, 322 (Comm’r Pats. 1954).
`
`
`
`The following identification of goods and services is suggested, if accurate:
`
`
`
`Body cleaning preparation, namely, cosmetic preparations for body care; beauty care
`preparation, namely, body and beauty care cosmetics; cosmetic preparations; dentifrices;
`essential oils; hair lotions; perfumery; non-medicated preparations for the care of hair and
`scalp; preparations for oral care, namely, breath freshener, breath freshening sprays, breath
`freshening strips, denture polishes, dental bleaching gel, non-medicated mouthwashes, non-
`medicated mouth freshener spray, non-medicated mouth rinse, tooth and mouth oral care gel,
`not for medical purposes; non-medicated preparations all for the care of skin and cosmetic skin
`care preparations, namely, creams, lotions and serums for face, eye, hand, body, leg and foot;
`soaps; non-medicated toiletries, in Class 003.
`
`
`
`

`

`Chemical preparations for medical and pharmaceutical purposes, namely, pharmaceutical
`preparations for the treatment of obesity, prevention of obesity, anti-infection, anti-
`inflammatory, treatment and prevention of cardiovascular diseases, immunotherapy, cognitive
`health, nasal health, oral health, dental health, treatment of gastrointestinal health, joint health
`and wound care, blood glucose management; dental articles and dental preparations, namely,
`anti-cavity dental coating preparations containing fluoride, dental abrasives, dental amalgams,
`dental cements, dental impression materials, dental lacquer, dental mastics, porcelain for dental
`prostheses, rubber for dental purposes; dietary supplements for humans; dietary beverages
`adapted for medical use, namely, dietary supplement beverages for the treatment of obesity,
`prevention of obesity, anti-infection, anti-inflammatory, treatment and prevention of
`cardiovascular diseases, immunotherapy, cognitive health, nasal health, oral health, dental
`health, treatment of gastrointestinal health, joint health and wound care, blood glucose
`management; dietetic beverages for healthcare purposes, namely, dietary supplement
`beverages for the treatment of obesity, prevention of obesity, anti-infection, anti-inflammatory,
`treatment and prevention of cardiovascular diseases, immunotherapy, cognitive health, nasal
`health, oral health, dental health, treatment of gastrointestinal health, joint health and wound
`care, blood glucose management; disinfectants; food for babies; health food supplements
`adapted for human use; medicinal herbs, herbal medicines in the nature of herbal supplements;
`herbal teas for medicinal purposes; medical infusions, namely, herbal tea preparations for
`medicinal purposes and detox; medicated dental rinses; medicated brush-on gel for oral use;
`medicated mouth care and treatment preparations for the mouth and as breath, tooth and gum
`sprays and rinses; medicated mouth washes; medicinal herbs; nutraceutical preparations for use
`as a dietary supplements; nutritional supplements; pharmaceutical preparations,
`pharmaceuticals for treatment of obesity, prevention of obesity, anti-infection, anti-
`inflammatory, treatment and prevention of cardiovascular diseases, immunotherapy, cognitive
`health, nasal health, oral health, dental health, treatment of gastrointestinal health, joint health
`and wound care, blood glucose management; plant extracts adapted for dietetic use for
`pharmaceutical purposes; plant extracts adapted for medical use; plant extracts adapted for
`nutraceutical use for pharmaceutical purposes, namely, plant extracts for the treatment of
`obesity, prevention of obesity, anti-infection, anti-inflammatory, treatment and prevention of
`cardiovascular diseases, immunotherapy, cognitive health, nasal health, oral health, dental
`health, treatment of gastrointestinal health, joint health and wound care, blood glucose
`management; plant extracts adapted for nutritional use for pharmaceutical purposes, namely,
`plant extracts for the treatment of obesity, prevention of obesity, anti-infection, anti-
`inflammatory, treatment and prevention of cardiovascular diseases, immunotherapy, cognitive
`health, nasal health, oral health, dental health, treatment of gastrointestinal health, joint health
`and wound care, blood glucose management; plant extracts adapted for pharmaceutical use, in
`Class 005.
`
`
`
`Advisory and consulting services relating to beauty treatment, namely, beauty consultation
`services in the selection and use of cosmetics, fragrances, beauty aids, personal care products,
`and hair, skin and body care products; advisory and consulting services relating to health care;
`advisory and consulting services relating to medical problems, namely, providing medical advice
`
`

`

`in the field of treatment of obesity, prevention of obesity, anti-infection, anti-inflammatory,
`treatment and prevention of cardiovascular diseases, immunotherapy, cognitive health, nasal
`health, oral health, dental health, treatment of gastrointestinal health, joint health and wound
`care, blood glucose management; convalescent homes; dentistry; dietetic advisory services;
`health care, namely, providing health care services; health counseling; health spa services
`namely providing advisory services for health and/or wellness of the body and/or spirit;
`hospitals; hygienic and beauty care for human beings; information services relation to health
`care; medical advisory services; medical assistance; medical equipment rental; medical services;
`medical services in the nature of nursing; nutritional advisory and consultation services;
`pharmaceutical advisory services; pharmacists' services; pharmacy advisory services; providing
`information relating to dietary and nutritional guidance; rental of medical and health care
`equipment; technical consultancy services relating to health and safety, namely, consulting in
`the field of treatment of obesity, prevention of obesity, anti-infection, anti-inflammatory,
`treatment and prevention of cardiovascular diseases, immunotherapy, cognitive health, nasal
`health, oral health, dental health, treatment of gastrointestinal health, joint health and wound
`care, blood glucose management; telemedicine services; nutritional, massage, relaxation
`therapy in the nature of autogenous training, stress reduction therapy, insomnia, bodywork,
`physical, vitamin and cognitive therapy services, non-invasive cosmetic therapy in the nature
`of [specify exact nature of services in Class 044] all of the foregoing services for the treatment
`of obesity, prevention of obesity, anti-infection, anti-inflammatory, treatment and prevention of
`cardiovascular diseases, immunotherapy, cognitive health, nasal health, oral health, dental
`health, treatment of gastrointestinal health, joint health and wound care, blood glucose
`management; providing health related information in the form of reports in the field of
`treatment of obesity, prevention of obesity, anti-infection, anti-inflammatory, treatment and
`prevention of cardiovascular diseases, immunotherapy, cognitive health, nasal health, oral
`health, dental health, treatment of gastrointestinal health, joint health and wound care, blood
`glucose management, in Class 044.
`
`
`
`For assistance with identifying and classifying goods and services in trademark applications, please see
`the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP
`§1402.04.
`
`This requirement is continued and maintained.
`
`If no appeal has been filed and time remains in the six-month response period to the final Office action,
`applicant has the remainder of the response period to (1) comply with and/or overcome any
`outstanding final requirement(s) and/or refusal(s), and/or (2) file a notice of appeal to the Board. TMEP
`§715.03(a)(ii)(B); see 37 C.F.R. §2.63(b)(1)-(3). The filing of a request for reconsideration does not stay
`or extend the time for filing an appeal. 37 C.F.R. §2.63(b)(3); see TMEP §§715.03, 715.03(a)(ii)(B), (c).
`
`
`
`

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`/Saima Makhdoom/
`
`Law Office 101
`
`U.S. Patent and Trademark Office
`
`Telephone: (571) 272-8802
`
`Fax: (571) 273-8802
`
`E-Mail: Saima.Makhdoom@USPTO.GOV
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`ilwww zsiuvmscomt
`
`041192017
`
`VISiON
`
`fiv
`ENTAL & ANIMAL HEALTH
`nmeLrH
`BIOTECH
`PARTNERS i. iNVESTORS
`
`Somewhere,
`
`it’s already tomorrow.
`lamina is a lili-circie Irle science gimp focussed on ieaiisirig brg health innovannns
`that make Ehe worid Dene!
`
`We dare to dream big.
`We Diorieei in tackling same oi lhe world‘s big neaiin chaflemes. such as ebesity. arnibiuiic resistance, and irveslock emissions.
`Through groundbreaking products based on ourcontinuous biaiiecn immanori and researchwe honeto heh sliane a belteifuture
`
`Our history.
`Zaiinida signed smaii ill 2005, Through amnp people and ideas, iI became whal iI is mw The iolowmg are some urine key mumenis Inst opened the many emamg pnssihiifies our group IS blessed wiiii Ioday as we beat} iniu ineiimre
`Slarl exploring new
`
`2004—2005
`FOUNDING ZALUVIDA
`lamina is (Binder! by Thomas Hsiiier & Cami Eeu'nei in Singapoie Firsi upeiaiinris commence in Knish Lumpur‘ Malay“. wiihiim one sisfl meritei
`
`2006
`SUCCESSFUL LAUNCH
`We iaurich the first generanon Diweigm managememireeimems under lrue name Lipasmoi'" iiis awarded Medicai Device Cenincaiiun in February 2006 ~triefirsi Ciass H Medicsi Deuce Canincannnra a substancebased‘ Dralubesitylleaimerl mme world A mumh allel
`Signing with our fiisl muons: dislllbumr (UKj‘ me first order oi Lrpnsinoim i5 shipped in Apni 2006
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`2007
`INROADS INTO EUROPE
`Fiisi successes in Eulone‘ iriirodudioii oi'LiDosiriol mine United Kingdom Geimanit, France a. Scandinavia.
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`2008
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`hm JIWWW zatuvmacnmt
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`PRODUCT TESTING E HEADWAY
`Further ClrntraI trras at par Lm’arntne'“ uhestty treatment agatn demonstrate rts efltcacy and petentrat, and stmwttratt rt has tretter results man enSItrIg pruducts en the malket, We are tne outngtrt market leader rn suIid dose ubesttv Irealmenls rrr Germany, More ttrarr so rmttrun
`Iatths are suld In one year We are awarded Medical Devtce Cemtieatnurr In! a Second uraI obeslly Ireahnenl, PhassLt-te‘“ A urgesme enzyme mfltbltuf, rt I5 anutlter wertrt Ittsl!
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`2010
`OMEGA ALLIANCE
`We enter a sitaIegic nlItunEe wrtn Omega Dnarma NV, whereby Omega Pharma assumes mmmemalisslian lespmsihiltly tor Zillmda‘s ppesrty and attergy prnduds in targe parts of Greater Europe our mnrpany adieves rEgulaIary approval tar rts ml range at
`gastrurntaatrnat produds treatrng hzaribuln dtlrlhaea, blanlmg, Iltdtges’nton and ounstipatran
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`2011
`CRUCIAL PATENT a: STRONG NUMBERS
`We acqure Hummus: rtglls to Neem Bretedr's patented attrcrntaraene lack-mica} wnran proves to he a vIsIuIIary dectston tor Zaluvlda's tutue trtlttwatmn, Our gastrurntestmat product range ts launthd rn Eurppe We are newtne ufiuaI market teauer rn nbeslly treatments tn
`Greater Eumpe, wrtn mer 500 mtIlIun lablets suId per arrrrurr,
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`AN IMAL HEALTH 8‘ GROWTH
`Our AntmnI HEEIUI DMSIBI] ts hunched and completes deveksumem of Vefinolwr forms treatment 01 stmcIiniL'al and L‘Inical mastitiS Vetrinol'" amieves GMP+ centficattmt and i5 anpnwed as a cammtmernnrv teed addilive The Zaluvida mum aromas me IOU-GMDIWEE
`mark.
`
`JOINING FORCES
`We acwre Neem Biotech — a man shaleglc awulsthon to slienglhen the nmuo's tnnwatton and IF’ generate" aaDactlv
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`2013
`MARKET LEADE RS HIP
`Zamida's obesity range solidtfies its marker Ieadetship in Grearer Europe. ntdlsleing its nearest cpnrpernor by more men 4 re 1
`HAY FEVER BREAKTHROUGH
`Our altergy treaimem ‘ rnalkahea as F'Iavar‘m", Is voted ‘Produd mute Year hy UK pharmacists It becomes me or me toprmree neatmems on me UK naylevel market
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`2014
`VALUABLE LICENSES 8- A STRONG TEAM
`TIE Sale at bastc IP tigms In SEVEIBI DI nur Dhestty and aIIEng Irealmems lur Ihe Eumpean markel I0 Omega F‘hamfi IS mmpIEIed {of a net vaIue MEI“ lmIIIDn TIE ZaIINida team now encompasses mum I773" 250 penule WE sulpas‘; [he 1 hlltml IahIEIS 50“ DE! amum
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`2015
`EXTENDED CAPABILITIES & PHILANTHROPY
`Neem DIoiedI‘s new‘ mtmnnean mes-m ammpmem and pmdhdmn raciIin npem 7 mitifled by Ihe WeIsn Mmmerfar nusmess Entgrpnae, TEthlmIogy and Graeme Our sales and markan nrgnnlsalinn Ior Conau'nel llenflh in Norm Amenca I5 npened In Salt Lake
`any, Umh lawns becomes lhe mam nnamm mnsMIIenl III HEaIIIINEI TPD‘ a quIaaI NGD‘ where Cann BemIer assumes IIIe role m EhaIrman Mme Board
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`2016
`EXCITING ADVANCEMENTS
`We are granted orphan dmg dE’SIgMHOTI by me FDA laI our gloundhreaking Irealmem Inr sync hbrasIs Zaluvida acmres me IigIIIs In LIvaEmam Iecnnangy Ior Europe and submannal pans nIIIIe AsIa-PacIIII: IEQIDI'I Branded Grazexm'“ II IS a mgnry effective naIIIIaI
`alIemaIive In amibIoIIcs for plodumun amrnnls cmwiememing Zalwida's exisIIng technologies in IMI field‘
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`2016
`DYNAMIC ADDITIONS
`Zahmda launches Ine mngenerauon m on! resplmhory aIIelgy squImns m llagshlp markets In Europe.
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`2016
`Zamaa appmms cnnsloph Staemle as Its Gmup CEO‘ hased In the ZalLMfla‘s corporate office In Rolle‘ Swnzenand
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`InIm
`Obesily
`AMIbIOIIC5
`EI‘I’IIssions
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`Everything is connected.
`Bemg awarE Mme largescale glubaI hearth cnaIIengei that our wurlo faces IS what dnves our team Io Excel In camber”! maulan new. wtmdermerbox scIemmc soIImuns. HEIE‘S a cum 400k a] whaI‘s on w mmds.
`II. was
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`Around 39% of the world's adult
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`population is overweight or obese.
`Obesity is the resieagmwmg chronic disease. ll increases the eel of diabetes. heart disease am cancer and kiils 2 a million adults every year lt already Causes more deaths annually men hunger Gtohalv, 42 million prescimi mitdren were overweight in muz-
`
`Our Innmntiun‘i 33:51 am swport me grewrng amoum ui oveiweighl and obese people or the world in achieving s iieeimier body weigfl
`A the 'fm.ul-.l:/-I unmannmfihsmd
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`-rbugs will determine our future.
`she to become Iesislanl Io them This is crealmg a tremendous global threal, as deaths caused by Ihese supemtgs could use from today’s 300,000 per year lo 10,000,000 by 2050
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`SIB
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`22.2% 5%
`overweight obese
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`5 hard In “Bale allerriative Salmons lulrealllflans and animals
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`use me' every time they burp.
`- ni otrriemanemtim causes global wan'riii'lg
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`North Ame n 03
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`' we are about to i