UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/636737
APPLICANT: Supranaturals, LLC
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: MEGAVITAMINS
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: |
Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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MAILING/E-MAILING DATE INFORMATION: If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.
Serial Number 76/636737. This letter responds to the applicant’s communication of May 30, 2006. The amended identification of goods is acceptable, and the requirements for adding classes of goods are moot. The following issue remains outstanding.
The examining attorney makes final the refusal of registration on the Principal Register because the proposed mark merely describes the goods. Trademark Act Section 2(e)(1), 15 U.S.C. Section 1052(e)(1); TMEP section 1209 et seq.
The entry taken from the Encarta dictionary attached to the earlier Office action shows that “megavitamin” means “large dose of vitamins.” The web pages attached to the earlier Office action show that many entities provide megavitamins. Rather than referring to the applicant’s goods specifically, this is a general term for large doses of vitamins.
The applicant argues in its response that the mark is not descriptive because the term “megavitamins” can have a number of meanings. It claims that “mega” could refer to a term that is part of the name of the company making the product, or it could refer to a process for producing the goods, or to the proprietary ingredients used in the formulation of the goods.
However, descriptiveness is considered in relation to the relevant goods. Whether a term has different meanings in other contexts is not controlling on the question of descriptiveness. In re Chopper Industries, 222 USPQ 258 (TTAB 1984); In re Bright-Crest, Ltd., 204 USPQ 591 (TTAB 1979); In re Champion International Corp., 183 USPQ 318 (TTAB 1974); TMEP §1209.03(e). The excerpted evidence from the LEXIS/NEXIS research database, news library, us file, retrieved on July 11, 2006, shows that term “megavitamins” appeared in 428 stories. Only a representative sampling of the stories is attached because of the large number of stories responsive to the search request and the duplicative or irrelevant nature of some of the stories. These stories show that the term “megavitamins” is an ordinary term for large doses of vitamins.
For these reasons, the examining attorney finds that because the proposed mark merely describes the applicant's goods, registration of the applicant's mark is barred under Section 2(e)(1) of the Trademark Act.
Request for Additional Information
The applicant must provide information concerning descriptiveness of the proposed mark. The applicant must submit available advertising, promotional, or explanatory material concerning the goods, particularly any material specifically related to the features of the mark. The applicant may also furnish any other evidence that the applicant considers relevant to the registrability of the proposed mark.
If the applicant fails to respond to this final action within six months of the mailing date, the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). The applicant may respond to this final action by:
submitting a response that fully satisfies all outstanding requirements, if feasible (37 C.F.R. §2.64(a)); and/or
filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class (37 C.F.R. §§2.6(a)(18) and 2.64(a); TMEP §§715.01 and 1501 et seq.; TBMP Chapter 1200).
In certain circumstances, a petition to the Director may be filed to review a final action that is limited to procedural issues, pursuant to 37 C.F.R. §2.63(b)(2). 37 C.F.R. §2.64(a). See 37 C.F.R. §2.146(b), TMEP §1704, and TBMP Chapter 1201.05 for an explanation of petitionable matters. The petition fee is $100. 37 C.F.R. §2.6(a)(15).
/Leigh Caroline Case/
Trademark Attorney, Law Office 105
(571) 272-9140
HOW TO RESPOND TO THIS OFFICE ACTION:
STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.
VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.
GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.
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SEND TO: CASE, LEIGH
TRADEMARK LAW LIBRARY
600 DULANY ST
ALEXANDRIA, VIRGINIA 22314-5782
MAIL-IT REQUESTED: JULY 11, 2006 10083K
CLIENT:
LIBRARY: NEWS
FILE: US
YOUR SEARCH REQUEST AT THE TIME THIS MAIL-IT WAS REQUESTED:
MEGAVITAMINS
NUMBER OF STORIES FOUND WITH YOUR REQUEST THROUGH:
LEVEL 1... 428
LEVEL 1 PRINTED
THE SELECTED STORY NUMBERS:
1,2,3,4,6,8,11,12,13,14
DISPLAY FORMAT: KWIC
MULTIPLE DOCUMENTS ON A PAGE
SEND TO: CASE, LEIGH
TRADEMARK LAW LIBRARY
600 DULANY ST
ALEXANDRIA VIRGINIA 22314-5782
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Copyright 2006 Business Wire, Inc.
Business Wire
June 21, 2006 Wednesday 2:47 PM GMT
LENGTH: 455 words
HEADLINE: Alternatives for Healing Established as Premier Online Holistic Resource
DATELINE: CASTLE ROCK, Colo. June 21, 2006
BODY:
... Alternative Medicine, 36 percent of adults in the U.S. are using some form of complementary and alternative medicine (CAM).(1) "When megavitamin therapy and prayer specifically for health reasons are included in the definition of CAM, that number rises to 62 percent," the survey ...
Copyright 2006 Los Angeles Times
All Rights Reserved
Los Angeles Times
April 23, 2006 Sunday
Home Edition
SECTION: BOOK REVIEW; Features Desk; Part R; Pg. 2
LENGTH: 896 words
HEADLINE: Is that all there is?;
This Book Will Save Your Life A Novel A.M. Homes Viking: 374 pp., $24.95
BYLINE: Samantha Dunn, Samantha Dunn is the author of "Faith in Carlos Gomez: A Memoir of Salsa, Sex, and Salvation," "Failing Paris" and "Not By Accident: Reconstructing a Careless Life."
BODY:
... something of a savant yet oddly callow; a famous writer is a boozer who doses himself with intravenous megavitamins. (In a twist, the savvy, down-to-earth housekeeper is not Latina but black.)
It's as if by shrink-wrapping the ...
Copyright 2006 Caller-Times Publishing Company
Corpus Christi Caller-Times (Texas)
January 2, 2006, Monday
SECTION: A; Pg. A1
LENGTH: 3377 words
HEADLINE: Broadening the path to becoming healthy
Three residents tell how they reclaimed health by trying methods they doubted
BYLINE: Story by Fanny S. Chirinos, Caller-Times
BODY:
... who live in rural areas.
USE BY RACE/ETHNICITY
Use of complementary and alternative medicine including and excluding megavitamin therapy and prayer.
Including Excluding
Asian 61.7% 43.1%
Black 71.3% 26.2%
Hispanic 61.4% 28.3%
White 60.4% ...
Copyright 2005 Copley News Service
All Rights Reserved
Copley News Service
December 30, 2005 Friday 3:18 AM EST
SECTION: PARENT CARE
LENGTH: 717 words
HEADLINE: Be mindful of OTC medications
BYLINE: Marsha Kay Seff
BODY:
... it falls under the radar screen."
Although there's evidence that a daily multiple vitamin is useful, some vitamins, especially megavitamins, can be dangerous. He points out that Vitamin K, for instance, keeps Coumadin from working.
When multiple medicines interact, according to the ...
Copyright 2005 Lincoln Journal Star,
All Rights Reserved
Lincoln Journal Star (Nebraska)
December 13, 2005 Tuesday
City Edition
SECTION: D; Pg. 2
LENGTH: 1404 words
HEADLINE: Assessing alternative ADD treatments
BODY:
... proof to support them as viable options:
* Optometric vision training (asserts that faulty eye movement and sensitivities cause behavior problems)
* Megavitamins and mineral supplements
Anti-motion-sickness medication (to treat the inner ear)
* Treatment for candida yeast infection
* EEG ...
Copyright 2005 U.P.I.
All Rights Reserved
UPI
October 25, 2005 Tuesday 6:36 PM EST
LENGTH: 180 words
HEADLINE: Middle-aged use alternative medicine
DATELINE: WINSTON-SALEM, N.C., Oct. 25
BODY:
... Interview Survey. The survey included questions on 20 types of complementary and alternative medicine, such as acupuncture, chelation therapy, herb or megavitamin use, chiropractic or yoga.
"Some types of complementary and alternative medicine, such as alternative medicine systems, are used primarily for treating ...
Copyright 2005 The Detroit News
All Rights Reserved
The Detroit News (Michigan)
September 20, 2005 Tuesday
SECTION: HEALTH & FITNESS; Pg. 6G
LENGTH: 1151 words
HEADLINE: Couples should plan before they conceive;
Steps taken before a pregnancy help ensure a healthy mom and baby
BYLINE: Lauralee Ortiz
BODY:
... bifida.
The Centers for Disease Control recommends 400 milligrams of folic acid daily.
Among the important minerals in these megavitamins is calcium, a nutrient that gets depleted from a woman's body during pregnancy. The recommended dosage is 1,000 milligrams daily, or ...
Copyright 2005 The Press Enterprise Co.
Press Enterprise (Riverside, CA)
August 7, 2005, Sunday
SECTION: YOUR LIFE; Pg. E01
LENGTH: 2375 words
HEADLINE: THERAPY: HOLISTIC METHODS COMPLEMENT NATURAL HEALING;
ENERGY BOOST;
Many believe the body heals itself - it just needs help
BYLINE: LAURIE LUCAS; THE PRESS-ENTERPRISE
BODY:
... States, 36 percent of adults are using some form
of alternative or complementary therapy. That figure jumps to
62 percent when you include megavitamin therapy and prayer,
according to a 2002 survey of 31,000 adults by the NIH.
More people than ever suffer from chronic illness and ...
... naturopathy that
have evolved outside mainstream medicine.
In the U.S., 36 percent of adults are using some from of
complementary and alternative medicine.
When megavitamin therapy and prayer for health purposes are
included in the definition, that number rises to 62 percent.
* * *
GLOSSARY OF TERMS
ACUPRESSURE: ...
Copyright 2005 The Washington Post
The Washington Post
May 3, 2005 Tuesday
Final Edition
SECTION: Style; C02 , BOOK WORLD
LENGTH: 1243 words
HEADLINE: A Museum Row
BYLINE: Jonathan Yardley,, whose e-mail address is yardleyj£washpost.com
BODY:
... in Marlene Dietrich's suitcase."
Those are the words of Arthur Franklin, "curator of Chinese ceramics," whose "excitement and anxiety, in combination with antidepressants and megavitamins, made him volatile as rocket fuel." Indeed. Possessed by some bizarre impulse, Franklin removes the bowl from the case in which ...
Copyright 2005 Federal Information and News Dispatch, Inc.
Centers for Disease Control and Prevention
March 25, 2005
SECTION: CENTERS FOR DISEASE CONTROL AND PREVENTION, MORBIDITY AND MORTALITY WEEKLY REPORT, VOL. 54, ISSUE NO. 11
LENGTH: 258 words
HEADLINE: QuickStats: Percentage of Adults Aged [greater than] 18 Years Who Used Complementary and Alternative Medicine (CAM) During the Preceding 12 Months, by sex --- United States, 2002;
... treatment; naturopathy; chelation therapy; folk medicine; nonvitamin, nonmineral, and natural products; diet-based therapies (six subgroups); megavitamin therapy; chiropractic care; massage; biofeedback; meditation; guided imagery; progressive relaxation; deep-breathing exercises; hypnosis; yoga; ...
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SEND TO: CASE, LEIGH
TRADEMARK LAW LIBRARY
600 DULANY ST
ALEXANDRIA, VIRGINIA 22314-5782