PACIFIC MERIDIAN GROUP, LLC
`
`June 24, 2016
`
`Application for Trademark Registration #86775004: Supplemental Information
`
`To:
`
`”Attn:
`
`I
`
`U.S. Patent and Trademark Office
`
`Ms. Andrea D. Saunders, Trademark Attorney, Law Office 117
`Submitted Via USPTO Online
`
`Applicant:
`
`Pacific Meridian Group, LLC
`
`Previous Address:
`
`222 Juana Avenue, San Leandro, CA 94577-4839
`
`New Address:
`
`60 Hegenberger Place, Oakland CA 94621
`
`Mark:
`
`GOLD GARLIC
`
`This letter is in response to the USPTO Office Action dated January 22, 2016. We, Pacific Meridian
`Group LLC (’PMG”), dba Pacific Farms, hereby submit the following as supplemental information for the
`application. We understand that each case would be decided on its own facts and thank you for
`allowing us to explain further.
`
`The three areas of concern identified by USPTO are:
`
`Section 2(d) Refusal ~ Likelihood of Confusion
`0
`Identification of Goods —- Duplicates
`0
`0 Disclaimer Required
`
`1. SECTION 2(d)'REFUSAL -— LIKELIHOOD 0F CONFUSION
`
`Existing trademarks are registered for
`
`I
`'
`
`"GARLIC GOLD" # 2828406
`"GOLDEN GARLIC" ii 2555610
`
`A. Similarity of Mark
`
`There is no likelihood of confusion in existence between the GOLD GARLIC applied for
`trademark and the previously registered marks. The following evidence supports PMG's marks
`are dissimilar from other registered marks.
`
`illllll|||||l||l||||llllllllllllllllll&l]lll1||EllllIlllllll
`
`U S Patent s TMOfclTM Mail Rap! Dt, #11
`
`60 Hegenberger Place, Oakland CA 94621
`
`Te" 510 ~ 618—- 1600; Fax: 510—618 - 1605
`
`

`

`PACIFIC MERIDIAN GROUP, LLC
`
`The registered trademarks do not sound alike to our trademark, GOLD GARLIC when
`spoken. There is also not a visual similarity. GOLD GARLIC does not share the
`characteristics of two registered marks because it starts with the word “GOLD“, not
`”Golden” or “Garlic”. While there is no claim made on any font, size or color, GOLD GARLIC
`always appear in the same color black, font Arial and text size 24. The GOLD GARLIC mark
`as it usually appears on a label which is affixed to the outside of a carton (See Exhibit 1).
`This illustration actually used is demonstrated for the purpose of assisting a visualization of
`how the mark appears.
`
`There is no similarity in commercial impression. As mentioned, the mark appears on a label
`which is affixed to the outside of a carton, as the GOLD GARLIC product is a bulk product
`sold at a commercial level, not a retail level.
`
`B. Similarity of the Nature of Goods and/pr Services
`
`The nature of the registered goods and GOLD GARLIC are substantially different. The registered
`mark, Golden Garlic is a sauce for poultry (wings). The registered mark, Garlic Gold is a garlic in
`olive oil sauce. Both ofthe registered products are wet products (a sauce and an oil), whereas
`our product, GOLD GARLIC, is a dry product (a dry garlic product with no additives). The
`
`registered products contain multiple ingredients whereas our product, GOLD GARLIC, is 100%
`pure garlic with no additives. Upon our internal research of these two relatively unknown
`products but trademarked, their products are intended to be used as a condiment or sauce
`along with some other food. Our product, GOLD GARLIC, is an industrial food ingredient used
`solely by food manufacturers in their own formulas. Their products are both packaged and
`branded for consumer use at the retail level. As mentioned, our GOLD GARLIC products are bulk
`packed and only sold to industrial food manufacturers.
`
`Therefore, there is simply no relatedness of the goods in question. There is no similarity in the
`packaging and there is no similarity in the marketing that could give rise to the mistaken belief
`that the goods emanate from the same source. When the mark and the usage is for different
`purposes, confusion is highly unlikely. The industry and trade concerned would know the
`difference.
`
`C. Similarity of the trade channels of the goods andzor services
`
`There is not a similarity of trade channels between the registered goods and GOLD GARLIC.
`Goods do not to travel in the same channels of trade nor to the same class of purchasers. The
`trade channels are completely different and the buyers are completely different.
`
`Both of the registered items are packaged and sold to end consumers (seemingly via smali retail
`stores or on the internet). Our GOLD GARLIC products are not packaged or intended for use by
`
`60 Hegenberger Place, Oakland CA 94621
`Tel: 510 ~618 —« 1600; Fax: 510 ~618 — 1605
`
`

`

`PACIFIC MERIDIAN GROUP, LLC
`
`end consumers. Again, our GOLD GARLIC products are bulk packed in either 50 lb. cartons or
`1500 lb. totes. The GOLD GARLIC label is attached to the outside of the bulk carton or tote (see
`
`In fact, since we do not market towards consumers, we are not in compliance nor
`Exhibit 2).
`require to be in compliance with consumer packaging guidelines. GOLD GARLIC products always
`have been, and always will be, used solely by industrial customers as ingredients in their own
`formulas. They are never resold by industrial customers so the GOLD GARLIC mark is never re-
`used. The GOLD GARLIC trade channel is significantly different from the registered goods.
`Therefore, confusion would be near impossible. For example, one of our customers isn‘t going
`to accidentally purchase "Golden Garlic Poultry Sauce” for use in their applications (see Exhibit3
`and Exhibit 4), and likewise, no consumer would ever know that Pacific Farms GOLD GARLIC .
`even exists since it is not marketed or available to them. A typical sale order of PMG’s products
`to industrial food manufacturers who are often between 2200 lbs. - 40,000 lbs. per order.
`There are virtually no orders with PMG for less than 2200 lbs. which would be one full pallet.
`There is no market interface between GOLD GARLIC and the owner ofthe other two registered
`marks. Furthermore, based on the use, there is no competition between GOLD GARLIC and the
`other two marks. PMG’s relevant market is not the public at—large. There has never been, nor
`would there ever be, a time or condition in which confusion would exists.
`
`Purchasers of PMG’s GOLD GARLIC product are ”sophisticated” buyers and possess an expertise
`in the type of product they purchase. They are commercial buyers of bulk products and rely on
`the quality of industrial types of goods. They are not ordinary consumers purchasing at a retail
`level in the supermarket (See Exhibit 4).
`In such a market with extremely sophisticated buyers,
`the likelihood of consumer confusion would not be on the basis of any potential similarity in
`trade name, as there is a difference in the condition of sale and the type of buyers to whom the
`sales are made, i.e. ”ordinary consumer" versus seasoned buyers of bulk product for commercial
`use.
`
`In summary, the ultimate question for determining liability in trademark infringement action is whether
`there exists a likelihood that an appreciable number of ordinarily prudent purchasers will be misled, or
`indeed simply confused, as to the source of the goods in question. PMG believes that the answer to this
`question is that there is no likelihood of confusion for its trademark registration of GOLD GARLIC.
`
`The basic goal of PMG’s registration is to protect its GOLD GARLICtrademark, secure the good will of its
`business, and protect the public against spurious and falsely marked goods.
`It is an economic reasoning
`for the PMG to obtain and retain customers - the very purpose and function of the trademark
`registration to avoid and preclude confusion.
`
`PMG is highly familiar with its GOLD GARLIC mark usage in the marketplace and does not want to cause
`confusion of its own and other products. The uncontroverted evidence as stated above should prevail
`against any assumption of confusion in the marketplace.
`If other registrants changed their product for
`sell to industrial markets instead of retail, it would be damaging to PMG. PMG is not a newcomer and
`its intent is not to confuse the buying public. PMG has no intent to profit from another’s reputation, nor
`to copy, resemble or knockoff another party's product. PMG has no intent to benefit from any
`
`60 Hegenberger Place, Oakland CA 94621
`Tel: 510 — 618 - 1600; Fax: 510 -— 618 - 1605
`
`

`

`PACIFIC MERIDIAN GROUP, LLC
`
`competitor’s goodwill. PMG’s product is markedly superior and PMG does not, and would not, rely on
`any undeserved sales. PMG wants to preserve its right to protect its investment with its exclusive and
`unique technology of enhancing garlic product to the ”GOLD" flavor and color. PMG’s suggestive mark
`of GOLD GARLIC since 1999 is meant to project a favorable and idealistic image of its inherently
`distinctive product.
`
`2.
`
`IDENTIFICATION OF GOODS
`
`Pursuant to TMEP Section 707.02, please amend the first under Class 029 to reflect PMG‘s new
`address since the initial application: 60 Hegenberger Place, Oakland CA 94621.
`
`In addition, please delete all other pending applications for PMG‘
`
`3. DISCLAIMER REQUIRED
`
`Please correct the Class 029 application with the following disclaimer:
`
`No claim is made to the exclusive right to use ”GARLIC” apart from the mark as shown.
`
`Thank you for your consideration of PMG’s trademark application. We would appreciate your
`preliminary response should you require additional information to be furnished in support of our
`explanations provided.
`
`Sincerely,
`
`W
`
`Nate Offen berg
`Chief Executive Officer
`
`Pacific Meridian Group, LLC.
`
`Exhibit 1: Mark as appearing on the label affixed to a carton of its product.
`
`Exhibit 2: Photo of the two bulk sizes in GOLD GARLIC packaging.
`
`Exhibit 3: Photo of Golden Garlic product for visual comparison purposes.
`
`Exhibit 4: Photo of Garlic Gold product for visual comparison purposes.
`
`60 Hegenberger Place, Oakland CA 94621
`Tel: 510 - 618 —- 1600; Fax: 510 - 618 - 1605
`
`

`

`PACIFIC
`
`PACIFIC FARMS®
`
`GOLD GARLIC MINCED
`
`© TiISIHXEI
`
`PACKED FOR PACIFIC FARMS®, a division of PACIFIC MERIDIAN GROUP, LLC
`OAKLAND, CALIFORNIA, USA 94621
`
`ITEM CODE: 318—368-1
`
`LOT CODE: C51454501
`
`COUNT
`
`of
`
`NET WT. 50 LBS
`
`PRODUCT OF CHINA
`
`
`
`

`

`EXHIBIT 2
`
`Photos of bulk pack sizes of Pacific Fa rms® Gold Garlic for industrial customers
`
`50 LBS BULK BAG/ 2200 LBS BULK PALLET (minimum order size is one full pallet)
`
`
`
`

`

`1500 LBS Tote Pack Size
`
`
`
`

`

`EXHIBIT 3
`
`GOLDEN GARLIC POULTRY SAUCE
`
`fiflLflEN
`mama
`
`1
`
`HESIY HHIIUH GanlE WEE
`2,339 mm Him UNHS
`\ “Wk .1.
`CONTENT:
`
`l‘
`
`

`

`EXHIBIT 4
`
`GARLIC GOLD (garlic in oil condiment)
`
`
`
`

`

`CERTIFICATE OF MAILING
`
`I hereby certify that this correspondence is being deposited with the United States Postal Service as
`Priority Mail in an envelope addressed to: Commissioner for Trademarks, PO. Box 1451, Alexandria,
`Virginia 22313—1451 on the date shown below:
`
`
`
`Nancy Hiromoto
`
`Atty—In—Fact
`
`Pacific Meridian Group, LLC
`
`July 5, 2016
`
`