ESTTA977214 Filing Date: 05/30/2019

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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA977214 Filing date: 05/30/2019

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 91224191 Party Plaintiff Muwafak H. Kaki, Kaki Inc. Correspondence GEORGE R WENTZ JR Address THE DAVILLIER LAW GROUP LLC 935 GRAVIER STREET, SUITE 1702 NEW ORLEANS, LA 70112 UNITED STATES [email protected], [email protected], czim- [email protected] 504-582-6998

Submission Motion to Amend Pleading/Amended Pleading Filer's Name George Wentz, Jr. Filer's email [email protected], [email protected] Signature /George Wentz, Jr./ Date 05/30/2019 Attachments Kaki Motion to Amend Pleadings.pdf(331602 bytes ) Exhibits.pdf(6122661 bytes ) Second Amended Notice of Opposition to Mark - clean.pdf(165352 bytes ) Second Amended Notice of Opposition to Mark - tracked changes.pdf(168213 bytes ) IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

MUWAFAK H. KAKI and KAKI, INC., § § Opposers, § § v. § Opposition No. 91224191 WHOLE FOODS MARKET IP, L.P., § § Applicant. §

OPPOSERS’ MOTION FOR LEAVE TO AMEND THE PLEADINGS

Pursuant to TRADEMARK TRIAL AND APPEAL BOARD MANUAL OF PROCEDURE

(2018) (“TBMP”) § 507.02 and Federal Rule of Civil Procedure (“FRCP”) § 15(a)(2) Opposers seek leave of the Board to amend the pleadings to allege that “Ideal Market” is merely a descriptive mark under § 2(e)(1) of the Trademark Act, 15 U.S.C § 1052(e)(1) and therefore unregistrable.

Opposers have recently discovered that Whole Foods/Amazon’s appropriation of the laudatory descriptor “Ideal,” as applied to the retail grocery industry, will foreclose not only Opposers use but that of a diverse number of groceries and supermarkets in Applicant’s applied for services: retail bakery shops, retail delicatessen services, and/or retail grocery stores.1

Opposers request that they be allowed to amend their pleadings in the interest of justice. Opposers have been unable to identify any prejudice to Applicant as the additional ground asserted applies to the capacity of the mark to be registered and is not directly dependent on the stage of the opposition proceeding. See §807 TBMP, 37 CFR § 2.136.

Judicial efficiency also militates for allowing the requested amendment. The facts alleged and the foreign equivalent doctrine are likely to be disclosed at trial (Opposers’ target market is Spanish speaking

See Ehibit G, uerals ‐.

grocery shoppers and those seeking ethnic specialty delicatessens).2 If warranted by the trial proceedings,

Opposers expect to petition the Board to remand the application to the Examining Attorney as allowed by

§§ 515 and 805 TBMP, 37 CFR § 2.131. Opposers also urge the Examining Attorney to request that the

Board suspend the proceedings and remand the application “for an ex parte determination of the question of registrability”. 37 CFR § 2.130.

In the alternative, Opposers request that the current Opposition be suspended, and the application be remanded to the Examining Attorney for further examination to determine descriptiveness of the “Ideal

Market” mark under § 2(e)(1) of the Trademark Act, 15 U.S.C § 1052(e)(1) and the foreign equivalent doctrine. This important issue will benefit from the expertise of the Examining Attorneys in the

Trademark Office, as the cognate nature of “Ideal” is likely to have obscured the need for descriptiveness analysis under the foreign equivalent doctrine. This option may be preferable to the Board based on the

Examining Attorneys’ familiarity with the trademark office’s trends and potential worldwide implications of foreclosing the “Ideal Market” mark.3

As Applied “Ideal Market” is Merely a Descriptive Mark

The term “Ideal” as applied to retail bakery shops, retail delicatessen services, and/or retail grocery stores under Class 035 is merely a laudatory term describing the “Market” and rending the mark descriptive within the meaning of § 2(e)(1) as to the quality of the services, distribution channels, and/or goods applied for.4

The word MARKET is a generic term for the identified retail services and channel, that is a

MARKET. The word IDEAL merely describes the high quality of the MARKET. IDEAL merely

See Ehibit G, at uerals , , ad .

3 See Generally, Industria De Alimentos Zenú S.A.S. v. Latinfood U.S. Corp., No. 16-6576 (KM)(MAH), 2017 U.S. Dist. LEXIS 213338 (D.N.J. Dec. 29, 2017)(Showing example of the sort of international consequences and potential litigation from countries were ideal is a cognate word.); See also, the Madrid Protocol and Amazon.com, Inc. v. Commissioner, 148 T.C. 108, 200 n.49 (2017) (succinct explanation of international consequence of allowing registration of the mark)

4 Merriam Webster Dictionary Online: Market, Exhibit A-1. See also Exhibit G, at numeral 8.

describes the character of the services and goods found in a MARKET. IDEAL market is a market that is perfect for the particular goods and services offered.5 Therefore, the wording IDEAL and MARKET merely describe the identified goods and retail services.

In support of “Ideal” being a laudatory descriptive of the goods and services applied for the following competent evidence is brought to the attention of the Court:

I. Ideal is a Descriptive Cognate Word

The analysis of the Board in applying the doctrine of foreign equivalents is instructive.6 It helps the Board compare the meanings of foreign words by translating them into English and it applies when an ordinary American purchaser, which includes those proficient in the foreign language, would stop and translate the word.7 In the case of cognate words, no translation is required as the words carry the same meaning and descend from the same ancestral language, regardless of which population is targeted by the grocers.8 In the case of “IDEAL,” as used in “IDEAL MARKET,” it is a descriptive laudatory term across

5 See Generally, In re Ithaca Indus., Inc., 230 USPQ 702 (TTAB 1986); 1207.01(b)(vi) TBMP

6 See Generally, United States Soo Bahk Do Moo Duk Kwan Fed'n, Inc. v. Tang Soo Karate Sch., Inc., No. 3:12-CV- 00669, 2015 U.S. Dist. LEXIS 107955, at *61 (M.D. Pa. Aug. 17, 2015) (“Because of the diversity of the population of the United States, coupled with temporary visitors, all of whom are part of the United States marketplace, commerce in the United States utilizes innumerable foreign languages.”)

7 See Generally, In re Spirits Int'l, N.V., 563 F.3d 1347, 1351 (Fed. Cir. 2009); Taza Sys., LLC v. Taza 21 Co., LLC, No. 2:11cv073, 2013 U.S. Dist. LEXIS 130974, at *30-31 (W.D. Pa. Sep. 13, 2013) (“Under the doctrine of foreign equivalents, foreign words from common languages are translated into English to determine whether they are generic or descriptive. Palm Bay Imports, Inc. v. Veuve Clicquot Ponsardin Maison Fondee En 1772, 396 F.3d 1369, 1377 (Fed. Cir. 2005).”); see also In re Highlights for Children, Inc., 118 USPQ2d 1268, 1271 (TTAB 2016) (noting that the doctrine of foreign equivalents applies even when the foreign wording in the mark will appear with its English equivalent, because ordinary purchasers will still recognize the terms as equivalents due to the provided translation )§§ 1210, 1207.01(b)(vi)(B), 1209.03(g) TBMP.

8 See Exhibit G, at numeral 12 and 13; Contrast with, In re Sarkli, Ltd., 721 F.2d 353, 354-55 (Fed. Cir. 1983) (foreign equivalents doctrine inapplicable where foreign word had multiple translations); See Generally, “INDULAC IDEAL PARA FREIR QUESO DEL PAIS WHITE CHEESE/LATIN” Serial number 85197045, Exhibit B-13 (“Applicant must disclaim the descriptive wording “IDEAL PARA FREIR and QUESO DEL PAIS WHITE CHEESE/LATIN STYLE” apart from the mark as shown because its translation merely describes an ingredient, quality, characteristic, function, feature, purpose or use of applicant’s goods. See 15 U.S.C. §§1052(e)(1), 1056(a); In re Steelbuilding.com, 415 F.3d 1293, 1297, 75 USPQ2d 1420, 1421 (Fed. Cir. 2005); In re Gyulay, 820 F.2d 1216, 1217-18, 3 USPQ2d 1009, 1010 (Fed. Cir. 1987); TMEP §§1213, 1213.03(a)… The English translation of non-English wording that is descriptive is an unregistrable component of the mark. TMEP §1213.08(d); see Bausch & Lomb Optical Co. v. Overseas Fin. & Trading Co., 112 USPQ 6, 8 (Comm’r Pats.

cultures and linguistic traditions. It’s laudatory meaning will be immediately evident to a myriad of cultures seeking ethnic specialty fares.

Ideal is a cognate word in many languages including the English and Spanish languages. It is derived from the Latin ideālis and has been adopted by a multitude of languages.9 In both English and

Spanish it carries the same laudatory/descriptive meaning. As a result, when modifying market, it is a descriptive word available to grocers worldwide to describe the quality and completeness of their services and goods. This is true not only to more than 291 Million monolingual English speakers but to over 40 million Spanish, Portuguese, French, German, Romanian, Swedish, and Turkish speakers, plus bilingual and second generation customers in the American market.10 “Ideal” alone or when used as a noun may be considered an abstraction, but when added to a good, service, and/or channel of commerce it is a foundational cognate descriptive word in many languages. “Ideal” is the kind of descriptor that when modifying “market” means of excellent, highest, ultimate, best, preferred, perfect, super, and/or superb, et al, quality and/or offerings.

“IDEAL” is too important a descriptive word in the retail marketing of grocery services, bakery goods, retail delicatessen11 (markets, supermarkets, etc.) to diverse nationalities and recent immigrants to be given to Whole Foods/Amazon and foreclosed to the specialty grocers now serving and who in the

1956). Therefore, it is subject to a proper disclaimer requirement in the same way that the English version of such wording would be subject to a disclaimer. See TMEP §§1213.03(a), 1213.08(d).”)

9 See Intra

10 Source: U.S. Census Bureau, 2009-2013 American Community Survey, Exhibit C, available at https://www.census.gov/data/tables/2013/demo/2009-2013-lang-tables.html, (Showing 291,484,482 English speakers, 37,458,470 Spanish speakers, 693,469 Portuguese speakers, 1,307,742 French speakers, 1,063,773 German speakers, 154,625 Romanian speakers, 55,735 Swedish speakers, 116,515 Turkish speakers, and 580,153 Polish speaker for a total of 41,430,482. See Intra (The meaning holds for non-cognate translation of ideal from Czech, Dutch, Korean, Japanese, Greek, Russian, Arabic, and Italian)

11 See Wikipedia entry for delicatessen, Exhibit A-3; and Oxford Dictionary Definition of Delicatessen, Exhibit A-4 (Showing the German origin of the word and the foreign nature of the specialty goods identified with Delicatessen services); see also, Definition of delicatessen in English by Oxford Dictionary, Exhibit A-4 (“A shop selling cooked meats, cheeses, and unusual or foreign prepared foods.”) (Emphasis added)

future will seek to serve these significant markets.12 These are the relevant markets who will immediately see “IDEAL” as a laudatory word in both English and their mother languages with all the descriptive connotations of quality and convenience it entails when describing a retail market in general and a delicateness market in particular.13

Kaki Inc., a Hispanic owned business, recognized this advantage when it acquired the established

Ideal Market and focused its growth efforts in serving the Spanish-speaking market after Katrina while maintaining the original location focused on the English-speaking market.14 The reason this was possible was the laudatory descriptive nature of the cognate word “IDEAL” as applied to the ubiquitous word

“Market” in both English and Spanish.15

II. Relevant Dictionary Definitions of Ideal

The definitions of ideal consistently point towards its laudatory usage. This is especially obvious when modifying the word market which describes retail grocery, bakery and delicatessen offerings. Ideal in English is defined and associated with superior, perfect, and best quality when used as a descriptive modifier.16 It’s exclusive positive connotations (i.e. it’s ideal usage) make it a linguistic functional equivalent to excellent, highest, ultimate, best, preferred, perfect, super, superb, et al. Ideal is a laudatory

12 See Generally Dena Corp. v. Belvedere Int’l, Inc., 950 F.2d 1555, 1560, 21 USPQ2d 1047, 1051 (Fed. Cir. 1991) (“An applicant may not claim exclusive rights to terms that others may need to use to describe their goods and/or services in the marketplace.”); See also Exhibit G, at numerals 9-12. See Generall Ehibit G, at .

Id, at uerals ‐.

16 Ideal - The American Heritage® Dictionary, Exhibit A-2; ideal – WordReference, Exhibit A-25; Definition of Ideal by Dictionary.com, Exhibit A-19; Ideal - Definition of Ideal by Merriam-Webster – Expanded, Exhibit A-20; Ideal definition and meaning - Collins English Dictionary, Exhibit A-21. See also, DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012) (descriptive term must be disclaimed); see In re Steelbuilding.com, 415 F.3d 1293, 1297, 75 USPQ2d 1420, 1421 (Fed. Cir. 2005) (Same); In re Gyulay, 820 F.2d 1216, 1217-18, 3 USPQ2d 1009, 1010 (Fed. Cir. 1987) (Same)

term, being applied to “market,” a term which the Examining Attorney correctly surmised as merely descriptive of applicant’s “good and/or services.”17

The laudatory nature of “ideal” is consistent across worldwide cultures and languages. Ideal is equivalent with excellent and perfect In Spanish.18 It is equivalent with perfect and best in French, Italian,

Portuguese, Romanian, German, Dutch, Swedish, Polish, Czech, Greek, Turkish, Chinese, Japanese,

Korean, and Arabic. 19 It is also equivalent with perfect in Russian.20 This leaves no doubt to the applicability of the foreign equivalent doctrine and the imperative need to preserve “ideal” as a laudatory descriptive term for markets targeting ethnic customers of, and those seeking specialty ethnic, groceries, baked goods, and delicatessen products at the retail level.

III. Examining Attorney’s opinions and “IDEAL”

The Examining Attorney correctly sought and obtained amendment of Applicant’s trademark application to disclaim any exclusive right to use “market” apart from “Ideal Market.”21 Market in

17 “Ideal Market” Whole Foods/Amazon Application, US Serial Number 86457431, OFFICE ACTION, dated 2/18/2015, See Exhibit D “Applicant must disclaim MARKET because it merely describes an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s goods and/or services, and thus is an unregistrable component of the mark. This wording appears in the specimens and is encompassed by applicant’s identification of services. Therefore, the wording merely describes the services.” (Citations omitted and emphasis added)

18 Word-Reference.com Diccionario de la lengua Española, ideal, Exhibit A-24 (“Excelente, perfecto: Esta casa es ideal para nosotros.” Which translates as “Excellent, perfect: This house is ideal for us.”)

19 Ideal - WordReference English-French Dictionary, Exhibit A-22; Ideal - WordReference English-Italian Dictionary, Exhibit A-23; ideal - WordReference English- Portuguese (Brasil) Dictionary, Exhibit A-7; Ideal - WordReference English-Romanian Dictionary, Exhibit A-11; Ideal - WordReference English-German Dictionary, Exhibit A-15; Ideal - WordReference English-Dutch Dictionary, Exhibit A-9; Ideal - WordReference English- Swedish Dictionary, Exhibit A-8; Ideal - WordReference English-Polish Dictionary, Exhibit A-12; Ideal - WordReference English-Czech Dictionary, Exhibit A-6; Ideal - WordReference English-Greek Dictionary, Exhibit A-16; Ideal - WordReference English-Turkish Dictionary, Exhibit A-10; Ideal - WordReference English-Chinese Dictionary, Exhibit A-5; Ideal - WordReference English-Japanese Dictionary, Exhibit A-14; Ideal - WordReference English-Korean Dictionary, Exhibit A-13; Ideal - WordReference English-Arabic Dictionary, Exhibit A-18

20 Ideal - WordReference English-Russian Dictionary, Exhibit A-17

21 US Serial Number 86457431, OFFICE ACTION dated 2/18/2015, See Exhibit D, “Applicant must disclaim MARKET because it merely describes an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s goods and/or services, and thus is an unregistrable component of the mark. See 15 U.S.C. §§1052(e)(1), 1056(a); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012) (quoting In re Oppedahl & Larson LLP, 373 F.3d 1171, 1173, 71 USPQ2d 1370, 1371

Applicants request is merely a descriptive term of the services being offered and “Ideal” is merely a laudatory descriptor which Applicant should not be able to remove from the general lexicon available to all grocers to positively describe the character of their goods, services and retail distribution channel.

The analysis of the Examining Attorneys supports the laudatory nature of “Ideal” and exemplifies the kind of rigorous expert analysis that would take place under the foreign equivalent doctrine if the

Board, as urged by Opposers, decides to remand this case.

1. Ideal as an Unregistrable descriptor under Section 2(e)(1) as Applied to Applicant’s Goods

and Services

Ideal used as a descriptor is an unregistrable mark. The logical reading of Ideal Market is that the market is excellent and perfect for customers to purchase the marketed goods and services.

Ideal has been found to be ““a standard of perfection or excellence.” As such, the term IDEAL

[has] is a common term used in many trademarks, and is essentially a laudatory term... [i]t is clear that the term IDEAL in the cited mark is used in its descriptive meaning as a standard of excellence.”22 On this

(Fed. Cir. 2004)); TMEP §§1213, 1213.03(a). This wording appears in the specimens and is encompassed by applicant’s identification of services. Therefore, the wording merely describes the services. An applicant may not claim exclusive rights to terms that others may need to use to describe their goods and/or services in the marketplace. See Dena Corp. v. Belvedere Int’l, Inc., 950 F.2d 1555, 1560, 21 USPQ2d 1047, 1051 (Fed. Cir. 1991); In re Aug. Storck KG, 218 USPQ 823, 825 (TTAB 1983). A disclaimer of unregistrable matter does not affect the appearance of the mark; that is, a disclaimer does not physically remove the disclaimed matter from the mark. See Schwarzkopf v. John H. Breck, Inc., 340 F.2d 978, 978, 144 USPQ 433, 433 (C.C.P.A. 1965); TMEP §1213.” Also available at http://tsdr.uspto.gov/documentviewer?caseId=sn86457431&docId=OOA20150218151710#docIndex=8&page=1 (Emphasis added)

22 “IDEAL” Serial Number 87699674, Exhibit B-2; See also “Ideal Bartender” Serial Number 87300499, Exhibit B- 4 (“Registration of the mark IDEAL BARTENDER is refused because the applied-for mark merely describes the nature and characteristics of applicant’s 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)… Here, the attached dictionary definition from American Heritage Dictionary shows that the word “ideal” means conforming to “a standard of perfection or excellence; perfect or highly satisfactory.” Applicant’s services consist of bartending. Thus, the combined wording “ideal bartender” is laudatory and descriptive of the nature and quality of applicant’s services, i.e., bartender services of a purportedly high quality.” (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.)) (Emphasis added); See also “IDEAL KITCHEN WORKSTATIONS” Serial Number 87588277 – Exhibit B-6 “Registration is refused because the applied-for mark, “IDEAL KITCHEN WORKSTATION”, merely basis, since the applied-for mark merely describes the applicant’s services and/or goods, registrations have been refused by the Examining Attorneys in accordance with the Trademark Act.23

describes the nature, purpose, and qualities of the applicant’s goods. 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)).”; See also, “IDEAL BARTENDER SCHOOL” Registration Number 87300489 – Exhibit B-5 ““Registration of the mark IDEAL BARTENDER SCHOOL is refused because the applied-for mark merely describes the nature and characteristics of applicant’s services. 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… Marks that are merely laudatory and descriptive of the alleged merit of a product [or service] are . . . regarded as being descriptive” because “[s]elf-laudatory or puffing marks are regarded as a condensed form of describing the character or quality of the goods [or services]…” The Trademark Trial and Appeal Board has determined that “if the word ‘super’ is combined with a word [that] names the goods or services, or a principal component, grade or size thereof, then the composite term is considered merely descriptive of the goods or services.” (Internal citations omitted and emphasis added); See also, “IDEALSPOT” Serial Number 87621610, Exhibit B-8, “Registration is refused because the applied-for mark merely describes the feature /purpose of applicant’s goods and/or services.” (Internal citations omitted); See also, “ABSOLUT IDEAL” Registration Number 86546325, Exhibit B-1 “Applicant must disclaim the wording “IDEAL” because it merely describes an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s goods and/or services, and thus is an unregistrable component of the mark… The USPTO has already determined that IDEAL is a descriptive term when used in connection with jewelry… An applicant may not claim exclusive rights to terms that others may need to use to describe their goods and/or services in the marketplace.” (Internal citations omitted and emphasis added); See also, “IDEAL SELECT BLENDS” Serial number 85065330, Exhibit B-11, “IDEAL is defined as, “the best: serving as the best or most perfect example.” SELECT is defined as, “of good quality: chosen on grounds of particularly high quality,” and a BLEND is defined as, “a mixture: something formed by using together two or more things of different types; a food or drink mixture: a food or beverage created by mixing different types of the same substance.” The applicant’s goods are, “dried milk powder; milk based beverages containing fruit juice; milk powder; fruit drinks; fruit drinks and juices.” In other words, the applicant’s goods are the best or IDEAL SELECT fruit mixtures or BLENDS. As such, IDEAL SELECT BLENDS describes the nature of the goods and the quality of those goods. Please see the attached definitions from the Encarta World English Dictionary, North American Edition (http://encarta.msn.com/)… An unregistrable component of a mark includes wording and designs that are merely descriptive of the goods and/or services, and is wording or an illustration that others would need to use to describe or show their goods and services in the marketplace.” (Internal citations omitted, and emphasis added); See also “IDEAL 420 SOIL” Registration Number 86305141, Exhibit B-3 “Applicant must disclaim the wording “IDEAL” and “SOIL” because it merely describes an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s goods and/or services, and thus is an unregistrable component of the mark… The word SOIL is a generic term for the identified goods, that is SOIL. The word IDEAL describes the high quality of the soil. IDEAL describes the character of the goods. IDEAL soil is soil that is perfect for the particular application. Therefore, the wording IDEAL and SOIL merely describes the identified goods. An applicant may not claim exclusive rights to terms that others may need to use to describe their goods and/or services in the marketplace.” (Internal citations omitted, and emphasis added)

23 See Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); See also TMEP §§1209.01(b), 1209.03. See Generally attached registrations in Exhibits B.

“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… Whether consumers could guess what the product [or service] is from consideration of the mark alone is not the test. The question is not whether someone presented only with the mark could guess what the goods and/or services are, but “whether someone who knows what the goods and[/or] services are will understand the mark to convey information about them.”” 24

In Ideal Kitchen Workstations, the Examining Attorney then summarized the policy reasons, applicable with equal force in our opposition proceedings, supporting its finding:

“Three major reasons for not protecting descriptive marks are (1) to protect only marks that are capable of being distinguished by consumers as indicators of unique source; (2) to prevent the owner of a descriptive mark from inhibiting competition in the marketplace; and (3) to avoid the possibility of costly infringement suits brought by the trademark or service mark owner. Businesses and competitors should be free to use descriptive language when describing their own goods and/or services to the public in advertising and marketing materials.”25

24 See “IDEAL KITCHEN WORKSTATIONS” Serial Number 87588277, Exhibit B-6, (citing 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); In re Digital Research Inc., 4 USPQ2d 1242, 1243-44 (TTAB 1987) (finding CONCURRENT PC-DOS and CONCURRENT DOS merely descriptive of “computer programs recorded on disk” where the relevant trade used the denomination “concurrent” as a descriptor of a particular type of operating system), and (In re Am. Greetings Corp., 226 USPQ 365, 366 (TTAB 1985)), and (DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1254, 103 USPQ2d 1753, 1757 (Fed. Cir. 2012) (quoting In re Tower Tech, Inc., 64 USPQ2d 1314, 1316-17 (TTAB 2002)); In re Franklin Cnty. Historical Soc’y, 104 USPQ2d 1085, 1087 (TTAB 2012))); See also “THE IDEAL SLEEP CHAIR” Serial Number 87195948, Exhibit B-10, “Registration is refused because the applied-for mark merely describes a feature, characteristic, and purpose of applicant’s goods… A mark is merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose, or use of an applicant’s services.” (citations omitted and emphasis added); See also, “IDEALSPOT” Serial Number 87621610, Exhibit B-8 (Same); See also, “THE IDEAL PLAN” Registration Number 86145766, Exhibit B-9 (Same); See also, “IDEAL SELECT BLENDS” Serial number 85065330, Exhibit B-11 (Same); See also, “IDEAL SQUARE” Registration Number 86128417, Exhibit B-7 (Same).

25 See “IDEAL KITCHEN WORKSTATIONS” Serial Number 87588277, Exhibit B-6, citing (In re Abcor Dev. Corp., 588 F.2d 811, 813, 200 USPQ 215, 217 (C.C.P.A. 1978); TMEP §1209) and (See In re Styleclick.com Inc., 58 USPQ2d 1523, 1527 (TTAB 2001)) (Emphasis added).

2. Ideal as a Laudatory Descriptor when Modifying a Descriptor of the Applicant’s goods or

Services

Ideal has also been found to be merely laudatory.26 “Marks that are merely laudatory and descriptive of the alleged merit of a product [or service] are . . . regarded as being descriptive” because

“[s]elf-laudatory or puffing marks are regarded as a condensed form of describing the character or quality of the goods [or services] … The Trademark Trial and Appeal Board has determined that “if the word

‘super’ is combined with a word [that] names the goods or services, or a principal component, grade or size thereof, then the composite term is considered merely descriptive of the goods or services”.27

26 See “IDEAL SQUARE” Registration Number 86128417, Exhibit B-7, “Specifically, the word “ideal” is laudatory in that it refers to something that is “considered the best of its kind.”

27 See “Ideal Bartender” Serial Number 87300499, Exhibit B-4 (citing DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1256, 103 USPQ2d 1753, 1759 (Fed. Cir. 2012) (quoting In re The Boston Beer Co., 198 F.3d 1370, 1373, 53 USPQ2d 1056, 1058 (Fed. Cir. 1999)); TMEP §1209.03(k). and In re Phillips-Van Heusen Corp., 63 USPQ2d 1047, 1052 (TTAB 2002) (holding SUPER SILK merely laudatory and descriptive of applicant’s shirts being of an excellent, first-rate, or superior grade of silk fabric), quoted in In re Positec Grp. Ltd., 108 USPQ2d 1161, 1172 (TTAB 2013) (holding SUPERJAWS merely descriptive of applicant’s various machine tools, hand tools, and heavy-duty workbench accessories as superior vice systems for grasping and holding work pieces); see In re Carter-Wallace, Inc., 222 USPQ 729, 730 (TTAB 1984) (holding SUPER GEL merely laudatory and descriptive of applicant’s shaving gel being of superior quality).) (Emphasis added); See also, “IDEAL SQUARE” Registration Number 86128417, Exhibit B-7, “Please see attached registrations in which the term IDEAL has been held merely descriptive and disclaimed for similar or related goods… “Marks that are merely laudatory and descriptive of the alleged merit of a product [or service] are . . . regarded as being descriptive” because “[s]elf-laudatory or puffing marks are regarded as a condensed form of describing the character or quality of the goods [or services].” (Emphasis added); See also, “THE IDEAL PLAN” Registration Number 86145766, Exhibit B-9, “The applicant applied to register the mark THE IDEAL PLAN for, “Business consulting, management, planning and supervision.” The proposed mark merely corresponds to wording which is not arbitrary, but bears a logical relationship to the goods/services provided by the applicant. The term IDEAL is defined as “Satisfying one’s conception of what is perfect; most suitable.” The term PLAN is defined as “A scheme for the regular payment of contributions toward a pension, savings account, or insurance policy.” Please see attached definition(s)/article(s) obtained from the Internet on March 31, 2014. The term IDEAL is laudatory. “Marks that are merely laudatory and descriptive of the alleged merit of a product [or service] are . . . regarded as being descriptive” because “[s]elf-laudatory or puffing marks are regarded as a condensed form of describing the character or quality of the goods [or services].” … The wording THE IDEAL PLAN is merely descriptive of the applicant’s goods/services, namely, providing business consulting and management concerning tax benefits plans that are advertised as perfect or ideal for it customers. The mark immediately names the exact nature of the goods/services and does nothing else. Accordingly, the mark is refused registration on the Principal Register under Section 2 (e) (1) ...” (Emphasis added); See Generally, See also THE IDEAL SLEEP CHAIR” Serial Number 8719594, Exhibit B-10, “The determination of whether a mark is merely descriptive is made in relation to an applicant’s services, not in the abstract… “Marks that are merely laudatory and descriptive of the alleged merit of a product [or service]

The application of this concept to the denied registration of “IDEAL KITCHEN WORKSTATION” is illustrative:

“The applicant seeks to register its mark “IDEAL KITCHEN WORKSTATION” for goods in the

nature of sinks. The mark merely describes the nature, purpose, and qualities of the goods.

The attached evidence from the Merriam-Webster online dictionary shows the meanings of the

common terms in the mark. The word “IDEAL” is defined as “conforming exactly to an ideal,

law, or standard” and “perfect.” In this sense, the word is laudatory of the quality and

convenience of the goods. “Marks that are merely laudatory and descriptive of the alleged merit

of a product [or service] are . . . regarded as being descriptive” because “[s]elf-laudatory or

puffing marks are regarded as a condensed form of describing the character or quality of the

goods [or services].” In fact, “puffing, if anything, is more likely to render a mark merely

descriptive, not less so.”

The word “KITCHEN” in the mark merely describes the purpose of the goods in that the sinks

are used in kitchens. The word is defined as “a place (such as a room) with cooking facilities.”

The applicant’s specimen clearly shows the use of the goods in kitchens and the specimen and

application expressly identify the goods as “kitchen skinks”… Taken together, the terms

comprising the mark are not inherently distinctive, as rather than perceive the wording as

indicating a particular, unique source, consumers would merely perceive the wording as

describing the nature and purpose of the underlying goods and attributing desirable qualities to

them. Therefore, registration is refused…”28

are . . . regarded as being descriptive” because “[s]elf-laudatory or puffing marks are regarded as a condensed form of describing the character or quality of the goods [or services].”” (citations omitted and emphasis added) 28 “IDEAL KITCHEN WORKSTATIONS” Serial Number 87588277, Exhibit B-6, citing (DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1256, 103 USPQ2d 1753, 1759 (Fed. Cir. 2012) (quoting In re The Boston Beer Co., 198 F.3d 1370, 1373, 53 USPQ2d 1056, 1058 (Fed. Cir. 1999)); see In re Nett Designs, Inc., 236 F.3d 1339, 1342, 57 USPQ2d 1564, 1566 (Fed. Cir. 2001) (holding THE ULTIMATE BIKE RACK merely laudatory and descriptive of applicant’s bicycle racks being of superior quality); In re The Boston Beer Co., 198 F.3d at 1373-74, 53 USPQ2d at 1058-59 (holding THE BEST BEER IN AMERICA merely laudatory and descriptive of applicant’s beer and ale being of superior quality); TMEP §1209.03(k)) and (DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d at 1256, 103 USPQ2d at 1759.) (Emphasis added); See also, “THE IDEAL SLEEP CHAIR” Serial Number 87195948, Exhibit B-10, ““IDEAL” is defined as “one that is regarded as a

Also instructive is the Examining Attorney’s analysis in refusing registration of “IDEAL SOIL”:

“SECTION 2(e)(1) REFUSAL – MERELY DESCRIPTIVE

Registration is refused because the applied-for mark merely describes a quality of applicant’s

goods. The applied-for mark is IDEAL SOIL, for planting soil and soil improving preparations.

A mark is merely descriptive if it describes an ingredient, quality, characteristic, function, feature,

purpose or use of the specified goods. In this case, the applied-for mark is descriptive because it

is laudatory and describes a quality of the goods – the applicant’s soil is the ideal soil for

planting.

A laudatory term attributes quality or excellence to an applicant’s goods, and as such, these terms

are descriptive under Trademark Act §2(e)(1). “Marks that are merely laudatory and descriptive

of the alleged merit of a product [or service] are . . . regarded as being descriptive” because

“[s]elf-laudatory or puffing marks are regarded as a condensed form of describing the character or

quality of the goods [or services].” …

As the enclosed definitions show, “ideal” means “considered the best of its kind” and

“conforming to an ultimate form or standard of perfection or excellence.” When combined with

standard model of perfection or excellence.” In this case, applicant implies that its sleep chair is absolute perfection and excellent, which describes a feature and quality of the goods. Thus, the mark, THE IDEAL SLEEP CHAIR, describes a feature, quality, characteristic, and purpose of applicant’s goods.”” (citations omitted); See also “IDEAL BARTENDER SCHOOL” Registration Number 87300489 , Exhibit B-5, “Here, the attached dictionary definitions from American Heritage Dictionary shows that the word “ideal” means conforming to “a standard of perfection or excellence; perfect or highly satisfactory,” and the word “school” means an institution for instruction in a skill or business… Applicant’s services consist of providing information and instruction concerning bartending, which is the primary function of a bartending school. Thus, the combined wording “ideal bartender school” is laudatory and descriptive of the nature, quality, and subject matter of applicant’s services. Therefore, since the applied-for mark merely describes the applicant’s services, registration is refused in accordance with the Trademark Act.” (citations omitted); See also, “IDEALSPOT” Serial Number 87621610, Exhibit B-8, “Generally, if the individual components of a mark retain their descriptive meaning in relation to the goods and/or services, the combination results in a composite mark that is itself descriptive and not registrable. Only where the combination of descriptive terms creates a unitary mark with a unique, incongruous, or otherwise nondescriptive meaning in relation to the goods and/or services is the combined mark registrable... In this case, both the individual components and the composite result are descriptive of applicant’s services and do not create a unique, incongruous, or nondescriptive meaning in relation to the goods and/or services. Specifically, the term IDEALSPOT conveys the same descriptive significance—a physical spot which is ideal for establishment of a particular business.” (internal citations omitted)

the generic word “soil,” this identifies a feature of the applicant’s goods – it is the best soil for the

job. As the enclosed evidence shows, “ideal soil” is something that is sought out…

Applicant’s soil is far superior – it is the ideal soil. Because the mark is laudatory, it is descriptive

and registration is refused.”29

IV. Third Party Registrations for marks compromising “IDEAL” do Not Foreclose Its

Laudatory Nature as Applied to Applicant’s Goods and Services

As explained Supra the descriptiveness of each application must be evaluated in relation to the applied for goods and services and not in the abstract. “Ideal” is widely accepted in association with registered marks but “the [Board] must decide each application on its own merits, and decision regarding other registrations do not bind either the [Board] or [the reviewing] court.”30

V. Descriptive use of “Ideal Market”

In addition to the identified uses associated with the annexed and highlighted dictionary definitions, the following examples are presented for the Board.

1. For Applicant’s Services and from Competitors

a) “Our mission has remained the same through all these years – to be the best market in town run

by the best people in town. At the risk of sounding cheesy, our goal is to continually be a…

well… “ideal market.””31

b) When our customers think “Ideal Market,” we want them to immediately think of their

favorite employee who greets them each morning, who asks about their day, who has a large

29 “IDEAL SOIL” Serial number 85851318, Exhibit B-12 (Internal citations omitted, and Emphasis added)

30 In re USA Warriors Ice Hockey Program, Inc., 122 USPQ2d 1790, 1793 n.10 (quoting In re Boulevard Entm’t, 334 F.3d 1336)

31 Ideal Market, “Who we are”, Exhibit E-1, available at http://idealmarket.us/who-we-are/ (Emphasis added)

coffee and a sausage biscuit waiting on them when they walk in, who simply makes their day

“ideal.”32

c) “We strive to be your ideal nearby supermarket, providing our customers and partners with a

central point of service, fresh products, value and experience. We offer a wide selection of

groceries, fresh produce and your favorite organic products! In efforts to serve our communities,

many of our grocery stores offer free grocery delivery.

Ideal Food Basket is a proud supporter of Los Rancheros Unidos, Foundation Fighting Blindness

& member of the National Supermarket Association.

Explore our website to find an Ideal grocery store near you, create your own grocery list from

our weekly circular and print various grocery coupons!”33

2. As a general adjective of perfection modifying “Market”

The following examples using “Ideal Market” are relevant to the mark, as “Market” is itself a descriptor of the services applicant offers as identified by the Examining Attorney and conceded by

Whole Foods/Amazon.34

a) “Option pricing is mainly based on ideal market conditions which are well represented by

the geometric Brownian motion (GBM) as market model. We study the effect of non-ideal

market conditions on the price of the option.”35

32 Ideal Market, “Join the team”, Exhibit E-2, Available at http://idealmarket.us/join-the-team/ (Emphasis added)

33 Ideal Food Basket, “About us”, Exhibit E-3, Available at http://www.idealfoodbaskets.com/about-us/ (Emphasis added)

34 “Ideal Market” Whole Foods/Amazon Application, US Serial Number 86457431, OFFICE ACTION dated 2/18/2015, See Exhibit C; Id, OFFICE ACTION dated 2/23/15.

35 Josep Perelló and Jaume Masoliver, “The effect of non-ideal market conditions on option pricing” Physica A: Statistical Mechanics and its Applications, Volume 308, Issues 1–4, 15 May 2002, Pages 420-442, Exhibit E-5, Abstract available at https://doi.org/10.1016/S0378-4371(02)00627-1 (Emphasis added)

b) “The ideal market structure would give each medical care organization effective incentives

to produce maximum value for money for enrolled subscribers... The ideal market structure

must be managed by active intelligent collective purchasing agents, called sponsors, that

contract with health care systems and set the rules of competition.36

c) “Status of an ideal dry fish market of Bangladesh: A study on Asadganj dry fish market,

Chittagong”37

d) “The class of 2016: the labor market is still far from ideal for young graduates”38

1. Applicant’s Descriptive Mark has Not Acquired Secondary Meaning

The widespread use of the applied for mark, or a permutation of it, forfeit secondary meaning in the relevant markets.39 Simply, there are too many grocers in a myriad of geographical locations using the name “Ideal” for Whole Foods/Amazon’s descriptive mark to have acquired secondary meaning in the retail bakery, delicatessen, and/or grocery markets. Furthermore, the extensive, independent and long- standing use of “Ideal Market” across the country is further proof of its value as a laudatory descriptor to grocers.

36 Alain C.Enthoven, “On the ideal market structure for third-party purchasing of health care” Social Science & Medicine, Volume 39, Issue 10, November 1994, Pages 1413-1424, Exhibit E-4, Abstract available at https://doi.org/10.1016/0277-9536(94)90236-4 (Emphasis added)

37 Mohammad Omar Faruque, K M Shahriar Nazrul, Umma Salma Tonny,Kh Rashadul Islam, Swapan Chandra Dey, Samiha Jahan Mona and Debasish Saha, “Status of an ideal dry fish market of Bangladesh: A study on Asadganj dry fish market, Chittagong”, Int. J. LifeSc. Bt & Pharm. Res. 2012, Exhibit E-6, PDF available at https://s3.amazonaws.com/academia.edu.documents/57560082/4.pdf?AWSAccessKeyId=AKIAIWOWYYGZ2Y53 UL3A&Expires=1554497203&Signature=F0xfsyzB2%2Fazh%2BSUDycCZInrNso%3D&response-content- disposition=inline%3B%20filename%3DSTATUS_OF_AN_IDEAL_DRY_FISH_MARKET_OF_BA.pdf (Emphasis added)

38Teresa Kroeger, Tanyell Cooke, Elise Gould, “The class of 2016: the labor market is still far from ideal for young graduates”, Economic Policy Institute, 2016, Exhibit E-7, Abstract available at http://hdl.voced.edu.au/10707/405080.

See Exhiit G, at uerals ‐.

a) IDEAL MARKET40

Six Stores in Louisiana and plans to open two additional stores. Started over 80 years ago as Ideal

Savings.

Store locations:

1. 3805 Hessmer Ave. Metairie, LA 70002

2. 4421 Airline Dr. Metairie, LA 70001

3. 250 South Broad. New Orleans, LA 70119

4. 653 Terry Parkway. Gretna, LA 70056

5. 1817 S. Sherwood Forest. Baton Rouge, LA 700816

6. 3601 Williams Blvd. Kenner, LA 70065

Soon to be opened markets:

7. 1412 East Tunnel Blvd. Houma, LA 70363

8. 9301 Burbank, Baton Rouge, LA 70820

b) IDEAL MARKET41

Twenty stores in Kentucky. Started over 40 years ago.

Store locations

1. 800 East Center St. Madisonville, KY

2. 600 N Main St. Greenville, KY

3. 162 Hopkinsville Rd. Nortonville, KY

4. 123 Sturgis Rd. Marion, KY

5. 7050 Hanson Rd. Hanson, KY

6. 1000 W Main St. Princeton, KY

40 Ideal Market Home Page, Exhibit F-1, Website available at http://idealmarket.com/

41 Ideal Market, “Store locator”, Exhibit F-2; See also Exhibit E-2 for store listing. Website available at http://idealmarket.us/

7. 830 Main St. Calhoun, KY

8. 260 Veterans Dr. Hanson, KY

9. 1640 N Main St. Madisonville, KY

10. 425 North Morgan Ave. Morganfield, KY

11. 209 N Franklin St. White Plains, KY

12. 738 Princeton Rd. Madisonville, KY

13. 204 S. Railroad St. Earlington, KY

14. 299 Main St. Cadiz, KY

15. 112 N Madisonville Rd. Crofton, KY

16. 2250 Anton Rd. Madisonville, KY

17. 5715 Charleston Rd. Dawson Springs, KY

18. 1150 S Main St. Madisonville, KY

19. 1100 N Main St. Madisonville, KY

20. 55 Industrial Park Rd. Dawson Springs, KY

c) IDEAL MARKET42

One location in Nebraska. Started 70 years ago.

“Our family-owned store was started in 1949 and offers a convenient one-stop shop where you

can find everything you need from the everyday essentials to specialty items from around the

world.”

Store location:

1. 150 W. 4th Street, Superior, NE

42 Ideal Market, “Location”, Exhibit F-3, Website available at https://idealmarket.net/; See also, Nebraska Secretary of State - Corporation and Business Entity Searches for IDEAL GROCERY AND MARKET, Exhibit F-4

d) IDEAL MARKET43

One location in Nebraska. Associated with 4th Street location of Ideal Market.

Store locations:

1. 710 E. 2nd St., Rushville, NE

e) IDEAL GREEN MARKET COOPERATIVE44

One Location in Minnesota.

Store location:

1. 34988 County Road 39, Pequot Lakes, MN 56472.

f) IDEAL MARKET45

Five locations in Pennsylvania. “Shop the Ideal Way Everyday!” Since 1932

Locations:

1. 339 Walnut St. Johnstown, PA 15901

2. 2449 Bedford St. Johnstown, PA 15904

3. 125 West Elm St. Homer City, PA 15748

4. 6858 Route 711. Seward, PA 15954

5. 2690 William Penn Ave. Johnstown, PA 15909

g) IDEAL FOOD BASKET46

“Ideal Food Basket stores are members of America’s Food Basket LLC, a Cooperative of

independent food grocers located in New York, New Jersey, Massachusetts, Connecticut and

43 Ideal Market, “Location”, Exhibit F-5, Website available at https://rushvilleidealmarket.com/

44 Ideal Green Market, “Contact us”, Exhibit F-6, Website available at https://www.idealgreenmarket.com/

Ideal Markets, “Hoe”, Exhiit F‐, Wesite availale at https://idealsuperarket.o/ 46 Ideal Food Basket, “Grocery Store Supermarket , Exhibit F-7, Websites available at http://www.idealfoodbaskets.com/ and https://www.afbasket.com/ (Online listing of stores is contained within interactive element and was extracted for motion, not an interactive element in attached Exhibit F-7.)

Rhode Island. At its inception in 2007, the cooperative started with just three grocery stores

and has now grown to 49 stores. With more growth on the horizon, Ideal Food Basket

grocery stores continue to have a strong mark throughout the neighborhoods of Queens,

Brooklyn, Manhattan & Long Island. As we celebrate our 11th year anniversary, our focus

remains on serving our customers and the communities we are in”47

IDEAL FOOD BASKET store locations:

1. 85 Ackerman Ave. Clifton, NJ 07011

2. 856-874 Merrick Rd. Baldwin, NY 11510

3. 631 Gates Ave. Brooklyn, NY 11221

4. 710 Coney Island Ave. Brooklyn, NY 11218

5. 720 Washington Ave. Brooklyn, NY 11238

6. 830 Lafayette Ave. Brooklyn, NY 11221

7. 1086 Brooklyn Ave. Brooklyn, NY 11203

8. 1410 St Johns Pl. Brooklyn, NY 11213

9. 1488 Pitkin Ave. Brooklyn, NY 11212

10. 1967 Flatbush Ave. Brooklyn, NY 11234

11. 2036 Bedford Ave. Brooklyn, NY 11226

12. 4806 Church Ave. Brooklyn, NY 11203

13. 5817 5th Ave. Brooklyn, NY 11220

14. 99-30 Corona Ave. Corona, NY 11368

15. 108-02 Otis Ave. Corona, NY 11368

16. 918 S Main St. Farmingdale, NY 11735

17. 67-16 Myrtle Ave. Glendale, NY 11385

18. 210 Rt 9W. Haverstraw, NY 10927

47 See, Ideal Food Basket, “About us”, Exhibit E-3. (Emphasis added)

19. 89-30 Sutphin Blvd. Jamaica, NY 11435

20. 142-36 Foch Blvd. Jamaica, NY 11436

21. 148-40 Hillside Ave. Jamaica, NY 11435

22. 169-85 137th Ave. Jamaica, NY 11434

23. 175-35 Hillside Ave. Jamaica, NY 11432

24. 261 N Main St. Liberty, NY 12754

25. 1635 Lexington Ave. New York, NY 10029

26. 640 North 7th St. Lebanon, PA 17046

27. 230 S. Broadway Ave. Yonkers, NY 10705

28. 735 Prospect Ave. Westbury, NY 11590

29. 500 Rte 112. Port Jefferson Station, NY 11776

30. 74 Fairfield Dr. Patterson, NY 12563

31. …

IDEAL MARKET store locations:

1. 1301 Church Ave. Brooklyn, NY 11226

2. 779 Yonkers Ave. Yonkers, NY 10710

IDEAL MARKET PLACE store location:

1. 317 9th Ave. New York, NY 10001

Conclusion

In accordance with the law and arguments in this motion, Opposers respectfully request permission to amend the pleadings. In accordance with the procedures of the Board, Opposers have attached the proposed Second Amended Notice of Opposition pleadings and a redline identifying the changes. If the Board determines that it is not in the interest of justice to allow the requested amendment,

Opposers urge the Board to suspend the ongoing opposition proceedings and remand the application for registration to the Examining Attorney for further review to determine descriptiveness of the “Ideal

Market” mark under § 2(e)(1) of the Trademark Act, 15 U.S.C § 1052(e)(1) and the applicability of the foreign equivalent doctrine.

Respectfully submitted this 30th day of May 2019.

DAVILLIER LAW GROUP, LLC

/s/ George R. Wentz, Jr. George R. Wentz, Jr. Charles F. Zimmer II (La. 26759) Albert A. Thibodeaux 935 Gravier Street, Suite 1702 New Orleans, LA 70112 Phone 504.582.6998 | Fax 504.582.6985 Email: [email protected] Counsel for Opposers: Kaki, Inc., and Muwafak H. Kaki

CERTIFICATE OF SERVICE

______

I hereby certify that a true and correct copy of the foregoing pleading was served via e-mail on May 30th,

2019 on Applicant’s counsel of record listed below:

Wendy C. Larson PIRKEY BARBER PLLC 600 Congress Avenue, Suite 2120 Austin, TX 78701 Telephone: (512) 322-5200 Facsimile: (512) 322-5201 [email protected] [email protected] /s/ George R. Wentz, Jr.

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Follow: Facebook Twitter YouTube Instagram ..,, ｾｾ＠ ...... ＠ •, I Home Mortgage Your dream home for a -~ \, \~ _ ..,.. ) , down payment as low as 3% I 1%\HtH·I ------market noun, often attributive mar·ket | \ ˈmär-kət \ Exhibit A-1 Definition of market

(Entry 1 of 2)

1a(1): a meeting together of people for the purpose of trade by private purchase and sale and usually not by auction (2): the people assembled at such a meeting b(1): a public place where a market is held especially : a place where provisions are sold at wholesale a farmers' market (2): a retail establishment usually of a specified kind a fish market 2archaic : the act or an instance of buying and selling 3: the rate or price offered for a commodity or security 4a(1): a geographic area of demand for commodities or services sell in the southern market (2): a specified category of potential buyers the youth market b: the course of commercial activity by which the exchange of commodities is effected : extent of demand the market is dull c(1): an opportunity for selling a good market for used cars (2): the available supply of or potential demand for specified goods or services the labor market d: the area of economic activity in which buyers and sellers come together and the forces of supply and demand affect prices producing goods for market rather than for consumption in the market : in the position of being a potential buyer in the market for a house on the market : available for purchase also : up for sale put their house on the market market verb marketed; marketing; markets

Definition of market (Entry 2 of 2) transitive verb

1: to expose for sale in a market 2: sell intransitive verb

: to deal in a market Synonyms & Antonyms More Example Sentences Learn More about market

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Synonyms & Antonyms for market

Synonyms: Noun call, demand, request

Synonyms: Verb deal (in), merchandise (also ------merchandize), put up, retail, sell, vend Antonyms: Verb buy, purchase

----Visit the Thesaurus for More ® Examples of market in a Sentence Noun

I stopped at the market on the way home for some juice. They are trying to develop foreign markets for American cotton. See More

Recent Examples on the Web: Noun

Ray announced the digital market place at a celebration during South by Southwest (SXSW). — Nicole Saunders, Harper's BAZAAR, "Rachael Ray Launches Fashion E-Commerce Site Featuring Female-Founded Brands," 22 Mar. 2019 The news media has touted the park’s transformation from a bustling open-air drug market to one of the most beautiful fields in the country. — Kate Morgan, Woman's Day, "A New Jersey Softball Team Is Lifting Its City's Spirits," 21 Mar. 2019

These example sentences are selected automatically from various online news sources to reflect current usage of the word 'market.' Views expressed in the examples do not represent the opinion of Merriam-Webster or its editors. Send us feedback.

First Known Use of market

Noun

12th century, in the meaning defined at sense 1a(1)

Verb

15th century, in the meaning defined at transitive sense 1

History and Etymology for market

Noun and Verb

Middle English, probably from Continental Germanic; akin to Old Saxon markat marketplace, Old High German marcāt, both ultimately from Latin mercatus trade, marketplace, from mercari to trade, from merc-, merx merchandise

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Learn More about market

Share market 00 Resources for market

® Time______Traveler! Explore the year a word first appeared o Dictionary Entries near market marker marker bed marker gene market Price S1.-pply 2 I I I I I I

Demand

Producers advertise goods and services to consumers in a market in order to generate demand. Also, the term "market" is closely associated with financial assets and securities prices (for example, the stock market or the bond market).

Why It Matters

A market facilitates transactions between buyers and sellers (financial markets) and producers and consumers (consumer goods and services market). Markets experience fluctuations and price shifts resulting from changes in supply and demand. These changes result from fluctuations in many variables including, but not limited to, consumer preferences and perceptions, the availability of materials, and external sociopolitical events (for example, wars, government spending, and unemployment).

Source: Investing Answers market noun

English Language Learners Definition of market

(Entry 1 of 2)

: a place where products are bought and sold US : a store where foods and often household items are sold : an area (such as a country or part of a country) where a product or service can be sold market verb

English Language Learners Definition of market (Entry 2 of 2)

: to do things that cause people to know about and want to buy (something) : to offer (something) for sale in a market

See the full definition for market in the English Language Learners Dictionary market noun mar·ket | \ ˈmär-kət (I) \

Kids Definition of market

(Entry 1 of 2)

1: a public place where people gather to buy and sell things 2: a store where foods are sold to the public a meat market

ef the English Languag

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i·de·al (ī-dē əl, ī-dēl ) Share: Tweet n. 1. A conception of something in its absolute perfection: the ideal of national unity. 2. One that is regarded as a standard or model of perfection or excellence: The restaurant is considered the ideal in fine dining. 3. An ultimate or worthy object of endeavor; a goal: "those who regarded even a rhetorical commitment to the ideal of disarmament as irresponsibly utopian" (James Carroll). adj. 1. Conforming to a standard of perfection or excellence; perfect or highly satisfactory: an ideal work environment. 2. a. Existing only in the mind; imaginary: an ideal world where everything works out fine. b. Lacking practicality or the possibility of realization: an ideal notion of how businesses are run. 3. Philosophy a. Existing as an archetype or pattern, especially as a Platonic idea or perception: the ideal forms. b. Of or relating to idealism.

[From Middle English, pertaining to the divine archetypes of things, from Late Latin ideālis, from Latin idea, idea; see IDEA.]

Synonyms: ideal, exemplar, model, standard, pattern These nouns refer to someone or something worthy of imitation or duplication. An ideal represents a sometimes unattainable level of perfection: "Comic book heroes played a major part in shaping my boyhood ideal of manliness" (Theodore Roszak). An exemplar, like a model, serves as a worthy example by being the best or most admirable of its class: "He is indeed the perfect exemplar of all nobleness" (Jane Porter)."Our fellow countryman is a model of a man" (Charles Dickens). A standard is a basis of comparison or judgment: "Alexander's conquests created a legend that would provide the standard by which other leaders measured their careers" (Eugene N. Borza). A pattern is an example worthy of imitation by reason of being an original or essential form of something: "I will be the pattern of all patience" (Shakespeare).

WIKIPEDIA Delicatessen

A delicatessen or deli is a retail establishment that sells a selection of fine, unusual or foreign prepared foods ("delicacies"). Delicatessen originated in Germany (original: Delikatessen) during the 18th century and spread to the United States in the mid-19th century. European immigrants to the United States, especially Ashkenazi Jews, popularized the delicatessen in American culture beginning in the late 19th century.

Contents

Etymology History By country and region Australia Canada Europe United States See also An array of meats and cheeses at an Italian References delicatessen in Rome Further reading External links

Etymology

Delicatessen is a German loanword which first appeared in English in the late 19th century and is the plural of Delikatesse.[1] The German form was lent from the French délicatesse, which itself was lent from Italian delicatezza, from delicato, of which the root word is the Latin adjective delicatus, meaning "giving pleasure, delightful, pleasing".[2] The first Americanized short version of this word, deli, came into existence ca. 1954.[3]

History

Exhibit A-3 The German food company Dallmayr is credited with being the first delicatessen created. In 1700,[4] it became the first store to import bananas, mangoes, and plums to the German population from faraway places such as the Canary Islands and China. Over 300 years later, it remains the largest business of its kind in Europe.[5]

The first delicatessens to appear in the United States were in New York City in the mid-1800s, with the first known use of this word occurring in 1885.[6] These catered to the German immigrant population living there.[7]

As the German-Jewish population increased in New York City during the mid- to late 1800s, kosher delicatessens began to open; the first was founded in 1889.[7][8][9]

In the United States, by the late 20th to early 21st centuries, supermarkets, French delicacies sold in local economy stores, and fast food outlets began using the word (often delicatessens: foie gras and Sauternes abbreviated as "deli") to describe sections of their stores.[10] The decline of the deli as an independent retail establishment was most noted in New York [11] City: from a high in the 1930s of about 1,500 Jewish-- delicatessens, only 15 still existed in 2015. By country and region

Australia In most of Australia, the term "delicatessen" retains its European meaning of high-quality, expensive foods and stores. Large supermarket chains often have a deli department, and independent delicatessens exist throughout the country. Both types of deli offer a variety of cured meats, sausages, pickled vegetables, dips, breads and olives.

An Italian-style delicatessen in Five Dock, Sydney "Deli" also denotes a small convenience store or milk bar in Western Australia, New South Wales and South Australia, and some businesses use "deli" as part of their business name. Traditional delicatessens also exist in these states, with "continental delicatessen" sometimes used to indicate the European version.

Canada In Canada, both meanings of "delicatessen" are used. Customers of European origin often use the term in a manner consistent with its original German meaning but, as in the United States, delis can be a combined grocery store and restaurant.

Europe In Europe "delicatessen" means high-quality, expensive foods and stores. In German-speaking countries a common synonym is Feinkost (fine food), and shops which sell it are called Feinkostläden (delicacy stores). Department stores often have a Delikatessenabteilung (delicacy Various delicatessen foods The fish counter at Harrods department). European in London delicatessens include Fauchon in Paris, Dallmayr in Munich, Julius Meinl am Graben in Vienna, Harrods[12][13] and Fortnum & Mason in London, Peck in Milan and Jelmoli in Zurich.

Although U.S.-style delicatessens are also found in Europe, they appeal to the luxury market. In Russia, shops and supermarket sections approximating US-style delis are called kulinariya and offer salads and main courses. Delicate meats and cheeses, cold-cut and sliced hot, are sold in a separate section. The Eliseevsky food store in central Moscow, with its fin de siècle decor, is similar to a European delicatessen. From the Tsarist era, it was preserved by the Soviets as an outlet for difficult-to-obtain Russian delicacies. Delicatessens may also provide foods from other countries and cultures which is not readily available in local food stores. In Italy, the deli can be called gastronomia, negozio di specialità gastronomiche, bottega alimentare and more recently salumeria. In France it is nowadays known as a traiteur or épicerie fine.

United States In the United States, a delicatessen (or deli) is often a combined grocery store and restaurant. Delis offer a broader, fresher menu than fast-food chains, rarely employing fryers (except for chicken) and routinely preparing sandwiches to order. They may also serve hot foods from a steam table, similar to a cafeteria. American delis sell cold cuts by weight and prepare party trays. Although delicatessens vary in size, they are typically smaller than grocery stores. In addition to made-to-order sandwiches, many U.S. delicatessens offer made-to-order green salads. Equally common is a selection of prepared pasta, potato, chicken, tuna, shrimp or other salads, displayed under the counter and sold by weight. Precooked chicken (usually roasted or fried), shrimp, cheese or eggplant dishes (fried or parmigiana style) are also sold. Delis may be either strictly take- out, a sit-down restaurant or both.

Delicatessens offer a variety of beverages, such as pre-packaged soft drinks, coffee, tea and milk. Potato chips and similar products, A typical deli in the United States newspapers and small items such as candy and mints are also usually available.

Menus vary according to regional ethnic diversity. Although urban delis rely on ethnic meats (such as pastrami, corned beef and salami), supermarket delis rely on meats similar to their packaged meats (primarily ham, turkey and American bologna).

Delicatessens have a number of cultural traditions. In the United States, many are Jewish, Italian, and Greek, both kosher and "kosher style". The American equivalent of a European delicatessen may be known as a gourmet food store. North American delicatessen distribution is primarily in older, pedestrian friendly cities.

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optimal, fitting, quintessential, excellent, unattainable, unreal, goal, perfection, standard, classical, classic, representative, Shangri-la, absolute, abstract, visionary, intellectual, utopian, hypothetical, imaginary

Nearby words

1. idea hamster, 2. idea man, 3. idea of pure reason, 4. idea of reference, 5. ideaistic, 6. ideal crystal, 7. ideal element, 8. ideal gas, 9. ideal gas law, 0. ideal of pure reason

Origin of ideal

From the Late Latin word ideālis, dating back to 1605–15. See idea, -al1 Related forms i·de·al·ness , noun qua·si-i·de·al , adjective qua·si-i·de·al·ly , adverb sub·i·de·al , adjective, noun su·per·i·de·al , adjective, noun su·per·i·de·al·ly , adverb un·i·de·al , adjective SEE MORE RELATED FORMS SEE FEWER RELATED FORMS

Synonyms for ideal

SEE MORE SYNONYMS FOR ideal ON THESAURUS.COM 1, 2. epitome. 4. intention, objective. 7. perfect, consummate, complete. 9. illusory, imaginary, fanciful, fantastic.

Synonym study

1, 2. Ideal, example, model refer to something considered as a standard to strive toward or something considered worthy of imitation. An ideal is a concept or standard of perfection, existing merely as an image in the mind, or based upon a person or upon conduct: We admire the high ideals of a religious person. Sir Philip Sidney was considered the ideal in gentlemanly conduct. An example is a person or the conduct or achievements of a person regarded as worthy of being followed or imitated in a general way; or sometimes, as properly to be avoided: an example of courage; a bad example to one's children. A model is primarily a physical shape to be closely copied, but is also a pattern for exact imitation in conduct or character: They took their leader as a model. Dictionary.com Unabridged Based on the Random House Unabridged Dictionary, © Random House, Inc. 2019

Examples from the Web for ideal

• The land at Easter Elchies was the ideal place for Reid to set up his business. Ester Elchies, The Estate Built By Whiskey||December 10, 2014|DAILY BEAST

• I reached out with heartfelt pleas, and spoke to people that I felt were ideal —and I was right in most cases.

Idris Elba on Eric Garner, ‘Mi Mandela,’ and Selling Weed to Dave Chappelle|Marlow Stern|December 6, 2014|DAILY BEAST

• The problem comes at this point because the liquid loses its potency within an hour even in ideal conditions.

Powdered Measles Vaccine Could Be Huge for Developing World|Kent Sepkowitz|December 2, 2014| DAILY BEAST

• If I said “refugees,” that stood for the ideal of everything I did when I ran for president.

Wyclef Jean Talks Lauryn Hill, the Yele Haiti Controversy, and Chris Christie|Marlow Stern|November 20, 2014|DAILY BEAST

• Artists now consider the Ideal Palace a piece of “naive” or “outsider” art.

The Postman Who Built a Palace in France…by Hand|Nina Strochlic|November 20, 2014|DAILY BEAST

• The banks on each side were high and steep, making it far from an ideal fording place.

The Pony Rider Boys in Texas|Frank Gee Patchin

• It can therefore no longer call forth reverence, or be treated as an independent aim and ideal .

Ethics and Modern Thought|Rudolf Eucken

• In this material and in such forms, the ideal as concrete spirituality does not admit of being realized.

The Introduction to Hegel's Philosophy of Fine Arts|Georg Hegel

• Like our ideal magnets, they approach each other for a time as wholes.

Six Lectures on Light|John Tyndall

• The modern European ideal of a torpedo boat is a craft 152 feet long, with a beam of 15¼ feet.

Last Words|Stephen Crane SEE MORE EXAMPLES SEE FEWER EXAMPLES

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British Dictionary definitions for ideal ideal noun

1 a conception of something that is perfect, esp that which one seeks to attain a person or thing considered to represent perfection he's her ideal something existing only as an idea a pattern or model, esp of ethical behaviour adjective conforming to an ideal of, involving, or existing in the form of an idea philosophy 1. of or relating to a highly desirable and possible state of affairs 2. of or relating to idealism

Derived Forms ideality ( ˌaɪdɪˈælɪtɪ ), noun ideally , adverb idealness , noun Collins English Dictionary - Complete & Unabridged 2012 Digital Edition © William Collins Sons & Co. Ltd. 1979, 1986 © HarperCollins Publishers 1998, 2000, 2003, 2005, 2006, 2007, 2009, 2012 Word Origin and History for ideal adj. early 15c., "pertaining to an archetype or model," from Late Latin idealis "existing in idea," from Latin idea in the Platonic sense (see idea). Sense of "perfect" first recorded 1610s. n.

"perfect person or thing," 1796, in a translation of Kant, from ideal (adj.).

Online Etymology Dictionary, © 2010 Douglas Harper Medicine definitions for ideal ideal [ī-dē′əl, ī-dēl′] n. A conception of something in its absolute perfection. One that is regarded as a standard or model of perfection or excellence.

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Trending: Barr: ideal 'Redacted' Report adjective Coming in April ide·al | \ ī-ˈdē(-ə)l , ˈī-ˌdē(-ə)l\ Exhibit A-20 Definition of ideal

(Entry 1 of 2)

1a: of, relating to, or embodying an ideal ideal beauty b: conforming exactly to an ideal, law, or standard : perfect an ideal gas — compare real sense 1c(3) 2a: existing as a mental image or in fancy or imagination only broadly : lacking practicality b: relating to or constituting mental images, ideas, or conceptions 3: of or relating to philosophical idealism 4: existing as an archetypal idea ideal noun

Definition of ideal (Entry 2 of 2)

1: a standard of perfection, beauty, or excellence 2: one regarded as exemplifying an ideal and often taken as a model for imitation 3: an ultimate object or aim of endeavor : goal 4: a subset of a mathematical ring that is closed under addition and subtraction and contains the products of any given element of the subset with each element of the ring Other Words from ideal Synonyms & Antonyms Choose the Right Synonym More Example Sentences Learn More about ideal

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Other Words from ideal

Noun idealless \ ī-ˈdē(-ə)l-ləs \ adjective

Synonyms & Antonyms for ideal

Synonyms: Adjective abstract, conceptual, ideational, metaphysical, notional, theoretical (also theoretic)

Synonyms: Noun beau ideal, classic, eidolon, exemplar, idea, model, nonesuch, nonpareil, paragon, patron saint LEARN MORE FROM M-W＠

Antonyms: Adjective concrete, nonabstract Visit------the Thesaurus for More ® Choose the Right Synonym for ideal

Noun Trending: Barr: model, example, pattern, exemplar, ideal mean someone or something set before one for guidance'Redacted' or imitation. modelReport applies to something taken or proposed as worthy of imitation. a decor that is a model of good taste exampleComing applies in to aApril person to be imitated or in some contexts on no account to be imitated but to be regarded as a warning. children tend to follow the example of their parents pattern suggests a clear and detailed archetype or prototype. American industry set a pattern for others to follow exemplar suggests either a faultless example to be emulated or a perfect typification. cited Joan of Arc as the exemplar of courage ideal implies the best possible exemplification either in reality or in conception. never found a job that matched his ideal

Examples of ideal in a Sentence

Adjective

It was an ideal spot for a vacation. She is an ideal candidate for the job. The conference provided us with an ideal opportunity to meet new people.

Noun an ideal of romantic love He hasn't lived up to his high ideals. She considers the actress her ideal. See Lesse

Recent Examples on the Web: Adjective

Salicylic acid is really only ideal for blackheads and whiteheads. — Kat Suico, Allure, "The 21 Best Skin-Care Tips of All Time, According to Dermatologists," 23 Mar. 2019 The main compartment features a sewn-in drawstring closure, which is ideal for loading up with treats and toys for the park, and the elastic mesh pocket in front fits my iPhone perfectly. — Jessica Teich, Good Housekeeping, "This $16 Pouch Is Like a Diaper Bag for Dog Moms," 15 Mar. 2019 While the immediate reduction and eventual elimination of police violence is ideal for many voters, there is a lingering concern on whether police-reform activists could provide substantive economic policy or find ways to curb city spending. — Lincoln Anthony Blades, Teen Vogue, "Stevante Clark is Running for Mayor of Sacramento," 3 Jan. 2019 First, there’s an ideal location near Oswego Lake, a 420-acre recreation destination that’s the star of the small, charming town of Lake Oswego. — Megan Barber, Curbed, "A-frame midcentury home with gorgeous atrium asks $700K," 14 Dec. 2018 Hotel Commonwealth, BostonHotel Commonwealth is cozy, newly redone in the last few years, and right by Fenway Park and the Museum of Fine Arts—an ideal location for a long weekend in Boston. — Bridget Hallinan, Condé Nast Traveler, "The Best Cyber Monday Travel Deals of 2018," 26 Nov. 2018 The shopping center was the ideal location for the restaurant because of the area’s limited competition in the Mexican food category, the owners said in a press release. — Anna Muckerman, baltimoresun.com, "New restaurant Jose Tequilas Mexican Grill and Cantina coming to Owings Mills Square," 13 July 2018 Advertisement For 16 years, Carissa Carpenter has peddled her glitzy dream of building a massive movie studio in the rural reaches of Northern California, hopscotching from town to town in search of the ideal location. — Sam Stanton, sacbee, "Curtains for Carissa Carpenter: She pleads guilty in Dixon movie studio scheme," 12 July 2018 The city's mayor Alex Morse believes Holyoke is the ideal location for the cannabis industry in Massachusetts -- and possibly the country. — CBS News, "Holyoke, Massachusetts, is ready to welcome the marijuana industry with open arms," 30 June 2018

Recent Examples on the Web: Noun

As an Asian-American immigrant, my views were aligned with liberal ideals, and in that diverse arts school, filled with immigrants, feminists, and members of the LGBTQ community, I was surrounded by people with political voices similar to mine. — Yoonie Yang, Teen Vogue "What Ha ens When You Lose Your Political Voice in a New Environment " 8 Jan. 2019 The Duchess of Cambridge is, in many ways, the epitome of the royal ideal. — Kayleigh Roberts, Marie Claire Middleton Was Reportedly Very Hurt by Queen Elizabeth's Early Criticisms of Her Lifestyle," LEARN9 Feb. 2019MORE That FROM ideal M-W has been fractured into a million pieces and scattered beyond all recognition. — Joelle Monique, Teen Vogue, ""If Beale Street Could Talk" Highlights the Power of Love in a World Designed for Black People to Fail," 9 Jan. 2019 The same ideals were known to and shared by our founding fathers. — Caroline Hallemann, Town & Country, "Read the Full Transcript of Jim Baker's Eulogy for His Close Friend, George H.W. Bush," 6 Dec. 2018 Even before that, though, hashtags like #ImNoAngel, #WeAreAlltheFantasy, #WeAreAllAngels, and #BeautyBeyondSize have emerged to challenge the narrow beauty and body ideals promoted by the show's casting. — Halie Lesavage, Glamour, "Body-Positive Influencers Respond to the Victoria's Secret Fashion Show With Their Own Lingerie Photos," 3 Dec. 2018 Building a brand that speaks to a changing market Design often plateaus once the platonic ideal of a product becomes established—like mobile phones have all become slight variations on slim glass rectangles. — Diana Budds, Curbed, "The rise of the direct-to-consumer home," 21 Dec. 2018 The two ideals of liberal democracy are liberty and equality. — Sean Illing, Vox, "A Yale philosopher on fascism, truth, and Donald Trump.," 15 Dec. 2018 First came Jalakara in 2016, the platonic ideal of the chic jungleTrending: hideaway, on the Barr: crown of a hill in the island’s rugged interior and thoughtfully accessorized with items procured by the British'Redacted' owners during Report their adventures all over India. — Klara Glowczewska, Town & Country, "The Best Places to TravelComing in 2019," 7 Dec.in April 2018 These example sentences are selected automatically from various online news sources to reflect current usage of the word 'ideal.' Views expressed in the examples do not represent the opinion of Merriam-Webster or its editors. Send us feedback. ideal ideal engine ideal gas ideal-gas law

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More Definitions for ideal ideal adjective

English Language Learners Definition of ideal (Entry 1 of 2) ＠ : exactly right for a particular purpose, situation, or person LEARN MORE FROM M-W ideal noun

English Language Learners Definition of ideal (Entry 2 of 2)

: an idea or standard of perfection or excellence : someone or something that is believed to be perfect : someone or something that you admire and want to imitate

See the full definition for ideal in the English Language Learners Dictionary Trending: Barr: ideal 'Redacted' Report adjective Coming in April ide·al | \ ī-ˈdē-əl 0 \ Kids Definition of ideal

(Entry 1 of 2)

: having no flaw : perfect ideal weather

Other Words from ideal ideally adverb ideal noun

Kids Definition of ideal (Entry 2 of 2)

1: a standard of perfection, beauty, or excellence He couldn't live up to his own ideals. 2: someone who deserves to be imitated or admired She considered the older woman her ideal. ideal adjective ide·al | \ ī-ˈdē(-ə)l , ˈī-ˌ \

Medical Definition of ideal

(Entry 1 of 2)

1: existing as an archetypal idea 2a: existing as a mental image or in fancy or imagination only b: relating to or constituting mental images, ideas, or conceptions ideal noun

Medical Definition of ideal (Entry 2 of 2)

: a standard of perfection, beauty, or excellence self-criticism and the formation of ideals are…the essential manifestations of the superego— G. S. Blum

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Rhyming Dictionary: Words that rhyme with ideal

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Spanish Central: Translation of ideal

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Britannica.com: Encyclopedia article about ideal Trending: Barr: 'Redacted' Report Comments on ideal Coming in April

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Learner: idealVideoEnglish: idealAmerican: idealExample sentencesTrendsTranslations ® Word Frequency ideal

(aɪdiːəl ) Word forms: plural ideals 1. countable noun An ideal is a principle, idea, or standard that seems very good and worth trying to achieve. The party has drifted too far from its socialist ideals. I tried to live up to my ideal of myself. [Also + of] Synonyms: principle, standard, ideology, morals More Synonyms of ideal 2. singular noun [oft poss NOUN] Your ideal of something is the person or thing that seems to you to be the best possible example of it. ...the Japanese ideal of beauty. [+ of] Throughout his career she remained his feminine ideal. Synonyms: epitome, standard, dream, pattern More Synonyms of ideal

3. adjective The ideal person or thing for a particular task or purpose is the best possible person or thing for it. She decided that I was the ideal person to take over the job. I really love the area and see it as an ideal place to start my managerial career. Exhibit A-21 The conditions were ideal for racing. Synonyms: perfect, best, model, classic More Synonyms of ideal 4. adjective [ADJECTIVE noun] An ideal society or world is the best possible one that you can imagine. We do not live in an ideal world. In an ideal world, there would be no such thing as rubbish. Their ideal society collapsed around them into the Terror and then into the Counterrevolution. Synonyms: imaginary, impractical, Utopian, romantic More Synonyms of ideal [l>X Curious about investing?

A::%1-eM" --.~r- cr.1111'::l:i,.er :e·C"k~ tni:l.gn Fl~ !!S..J.- fl"'!': ·,e F~FV,. p a.:!~ o•• LEARN MORE So Fi :i~. More Synonyms of ideal COBUILD Advanced English Dictionary. Copyright © HarperCollins Publishers

Video: pronunciation of 'ideal' How toa pronounce IDEAL i…

Word Frequency ideal in British

(aɪˈdɪəl ) noun 1. a conception of something that is perfect, esp that which one seeks to attain 2. a person or thing considered to represent perfection he's her ideal 3. something existing only as an idea 4. a pattern or model, esp of ethical behaviour adjective 5. conforming to an ideal 6. of, involving, or existing in the form of an idea ι. philosophy a. of or relating to a highly desirable and possible state of affairs b. of or relating to idealism Collins English Dictionary. Copyright © HarperCollins Publishers Derived forms ideality (ˌaɪdɪˈælɪtɪ ) noun ideally (iˈdeally) adverb idealness (iˈdealness) noun Word Frequency ideal in American

(aɪˈdiəl ; aɪˈdil ; ˈaɪˌdiəl ; ˈaɪˌdil ) adjective 1. existing as an idea, model, or archetype; consisting of ideas see also idea (sense ι) 2. thought of as perfect or as a perfect model; exactly as one would wish; of a perfect kind 3. of, or having the nature of, an idea or conception; identifying or illustrating an idea or conception; conceptual 4. existing only in the mind as an image, fancy, or concept; visionary; imaginary 5. Philosophy of idealism; idealistic noun 6. a conception of something in its most excellent or perfect form ι. a person or thing regarded as fulfilling this conception; perfect model κ. something that exists only in the mind 9. a goal or principle, esp. one of a noble character Webster’s New World College Dictionary, 4th Edition. Copyright © 2010 by Houghton Mifflin Harcourt. All rights reserved. Word origin of 'ideal' Fr idéal < LL idealis, existing in idea, ideal < L idea: see idea

Example sentences containing 'ideal'

These examples have been automatically selected and may contain sensitive content. Read more… By coincidence we have an ideal opportunity to judge. Times, Sunday Times (201ι) He combined socialist ideals with a deep practical experience of how most people lived and thought. Times, Sunday Times (2016) Working with schools and colleges also provides an ideal opportunity to help to shape the skills of a future generation. Times, Sunday Times (2016) In an ideal world, a producer would give this piece a longer life. Times, Sunday Times (201ι) Alas, this is not an ideal world. Times, Sunday Times (2016) The final trend reduces the shortlist to the ideal number - one! The Sun (2016) Its location in the Midlands near the motorway network makes it an ideal meeting place for people coming from different parts of the country. Times, Sunday Times (2016) The UK government’s spending review would be an ideal place to do that. Computing (2010) It nonetheless represents an ideal toward which to strive.Tompkins, Jonathan Human Resource Management in Government (1995) Your ideal love has a gift for interpreting dreams. The Sun (2011) Show more... ll>X Say yes to investing• forfree.

Quotations The ideal has many names, and beauty is but one of themW. Somerset Maugham Cakes and Ale

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Translations for 'ideal'

British English: ideal /aɪˈdɪəl/ ADJECTIVE The ideal person or thing for a particular purpose is the best one for it. He is the ideal person for the job.

• American English: ideal ِﻣ ﺜَ ﻟﺎ ِ ﱞﻲ :Arabic• • Brazilian Portuguese: ideal • Chinese: 理想的 • Croatian: idealan • Czech: ideální • Danish: ideel • Dutch: ideaal • European Spanish: ideal • Finnish: ihanteellinen • French: idéal • German: ideal • Greek: δανός • Italian: ideale • Japanese: 理想的な • Korean: 이상적인 • Norwegian: ideell • Polish: idealny • European Portuguese: ideal • Romanian: ideal • Russian: алн • Latin American Spanish: ideal • Swedish: ideal • Thai: ดเลศ • Turkish: ideal • Ukrainian: іалн • Vietnamese: lý tưởng

British English: ideal NOUN An ideal is a principle, idea, or standard that seems very good and worth trying to achieve. The businessman stayed true to his ideals.

• American English: ideal • Brazilian Portuguese: ideal • Chinese: 理想 • European Spanish: ideal • French: idéal • German: Ideal • Italian: ideale () ideal - English-French Dictionary WordReference.com http://www.wordreference.com/enfr/ideal

Word Reference .com I Dictionnaires de langue en ligne English-French Dictionary I ideal

IL_E_n_g_lis_h_-_F_re_n_c_h___ ~] 0 Forums Publicites Voir egalement : ideal LISTEN: us [ar'dral] ICU icy definition I Synonymes anglais I collocations anglaises I Conjugaison [FR] I icy cold Conjugator [EN] en contexte images ID I I id ID badge Collins WR Reverse (18) ID card J WordReference Ida. WordReference English-French Dictionary © 2019: IDD idea Principales traductions ideal idealise Anglais Francais idealism ideal adj (perfect) (parfait) ideal adj idealist In an ideal world we would all be healthy. idealistic Dans un monde ideal , nous serions taus en bonne sante. idealization Word of the day: how I pun idealize idealized Publicites Traductions supplementaires ideally ideation Anglais Francais ideational ideal adj (best) (meilleur) ideal adj The compromise was an ideal solution for both sides. Parametres : Le compromis eta it la solution ideale pour les deux parties. ideal adj (maths: number) (Mathematiques) ideal adj Cliquer sur le mot: We need to consider ideal numbers as well as real ones. @ donne une traduction Nous devons tenir compte autant des ideaux que des nombres reels. 0 ne donne rien ideal n (perfection) (perfection) ideal nm Recherches recentes : Venus represents an ideal of beauty. 0 Enregistrer Venus represente unideal de beaute. l'historique ideal n (model) (mode/e) ideal nm ideal Greek columns have been an artistic ideal for centuries. ideal Les colonnes grecques ant ete un ideal artistique pendant des siecles. ideal ideal n (ultimate aim) (but, reve) ideal nm ideal ideal My ideal is to compete in the Olympic Games. ideal Mon ideal serait de participer aux Jeux olympiques. ideal ideal n (imaginary concept) (Philosophie) ideal nm ideal Escher's illusions are ideals that could never be realized. ideal Signalez une publicite qui vous semble abusive. ideal Les illusions d'Escher sont des ideaux irrealisables. ideal Un oubli important? Signalez une erreur ou suggerez une amelioration. Devenez parrain de WordReference pour voir le site ideal sans publicites. ideal Utilisateurs Firefox : utilisez les raccourcis de Voirtout WordReference English-French Dictionary © 2019: recherche pour une recherche plus rapide de Formes composees WordReference. Liens: Anglais Francais 0 Preferences ideal gas n (physics: hypothetical gas that perfectly obeys gaz parfait nm Abreviations laws) Symboles phonetiques ideal point (mathematics) (Mths) point ideal, point a l'infini nm Subjonctif franc;ais ideal type n (concept in sociology) type ideal nm Soutenez WR Charle de confidentialite type parfait nm Forums romantic ideal (idea of perfect love) ideal romantique nm Suggestions n Un oubli important? Signalez une erreur ou suggerez une amelioration.

'ideal' egalement trouve dans ces entrees : Dans la description anglaise : all-American - American dream - Aryan - as it ought to be - body image - cause - democracy - dharma - dream house - dream job - dream life - Exhibit A-22 example - exemplary - fairy tale - Gibson girl - idealize - ideally - master race - model - perfect - perfect combination - picture-perfect - Platonism - Prince Charming - utopia

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ideal - Dizionario inglese-italiano WordReference http://www.wordreference.com/enit/ideal

Word Reference .com I Dizionari di lingua online English-Italian Dictionary I ideal

IL_E_n_g_lis_h_-_it_a_li_a_n ___~] 0 Forum Pubblicita Vedere Anche: ideal LISTEN: us [ar'dral]

ICR ICRC definizione I Sinonimi inglesi I collocazioni inglesi I in spagnolo I Coniugatore [IT] I ictus Conjugator [EN] nel contesto immagini ICU I I icy ID Collins WR Reverse (10) id J WordReference ID card WordReference English-Italiano Dictionary © 2019: IDD idea Principal Translations/Traduzioni principali ideal idealism Inglese Italiano idealist ideal adj (perfect) ideale, perfetto agg idealistic In an ideal world we would all be healthy. idealization In un mondo ideale saremmo tutti in buona salute. idealize Word of the day: how I pun ideally ideation Pubblicita Traduzioni aggiuntive ideationa1 idem Inglese Italiano identic ideal adj (best) ideale, perfetto, ottimo agg The compromise was an ideal solution for both sides. lmpostazioni: II compromesso e stata una soluzione idea le per entrambe le parti. ideal adj (maths: number) (matematica) ideale agg Un clic sulla parola: We need to consider ideal numbers as well as real ones. @ la traduce Dobbiamo considerare sia i numeri ideali che quelli reali. 0 non fa niente ideal n (perfection) ideale nm Ricerche recenti: idea nf 0 Salva la cronologia Venus represents an ideal of beauty. ideal Venere rappresenta un ideale di bellezza. ideal ideal n (model) modello nm ideal ideale nm ideal Greek columns have been an artistic ideal for centuries. ideal ideal La colonne greche sono state un model lo artistico per secoli. ideal ideal n (ultimate aim) ideale, massimo, sogno nm ideal aspirazione nf ideal My ideal is to compete in the Olympic Games. ideal Segnala una pubblicita inappropriata. ideal II mio ideale sarebbe gareggiare alle Olimpiadi. ideal ideal n (imaginary concept) idea nf Diventa un Sostenitore di WordReference per vedere ii ideal Escher's illusions are ideals that could never be realized. silo senza pubblicita. Mostra tutti Le illusioni di Escher sono idee che non potrebbero mai essere realizzate. Utenti di Firefox: usate le scorciatoie per una ricerca Manca qualcosa di importante? Segnala un errore o suggerisci miglioramenti piu veloce su WordReference. Link:

@ Preferences WordReference English-Italiano Dictionary © 2019: Abbreviazioni Simboli di pronuncia Compound Forms/Forme composte Sostieni WR Inglese Italiano Regole sulla privacy Forum ideal gas n (physics: hypothetical gas that perfectly obeys gas ideale nm Suggestions/ Contattaci laws) II gas idea lee un gas ipotetico per cui valgono le Ire leggi fisiche dei gas perfetti. ideal point (mathematics) punto all'infinito nm ideal type n (concept in sociology) idealtipo nm tipo ideale nm romantic ideal (idea of perfect love) ideale romantico nm n Manca qualcosa di importante? Segnala un errore o suggerisci miglioramenti Exhibit A-23 'ideal' si trova anche in questi elementi:

1 de 2 07/04/2019 12:03 ideal - Definición - WordReference.com http://www.wordreference.com/definicion/ideal

Word Reference.com I Online Language Dictionaries Diccionario de la lengua espaiiola I ideal

IL_E_s_p_a_n_o_l :_d_e_f_in_i_c_io_· n__ ~] 0 Foros Publicidad Ver Tambien: ideal ESCUCHAR: MEXICO

icosaedro ictericia sin6nimos I definici6n RAE I Gramatica I en ingles I en trances I conjugar verbos I icti6fago en contexto imagenes ictiologia I icti61ogo ictiosauro lnflexiones de 'ideal' (nm): mpl: ideales ictus lnflexiones de 'ideal' (adj): pl : ideales ida idea Diccionario de la lengua espafiola © 2005 Espasa-Calpe: ideaci6n ideal ideal idealismo idealista idealizaci6n 1. adj. De la idea o relative a ella. idealizar 2. Que no es real , sino que esta solo en la mente: idear los meridianos terrestres son lfneas idea/es. Word of the day: how I pun ideario idem 3. Excelente, perfecta: Publicidad identico esta casa es ideal para nosotros. identidad 4. m. Prototipo, modelo de perfecci6n: identificaci6n Amadis represent6 el ideal de/ caballero. 5. Conjunto de convicciones o creencias. Mas en pl.: Opciones: /uch6 por sus idea/es hasta el final.

Clic en una palabra: 'ideal' aparece tambien en las siguientes entradas: @ la traduce 0 no hace nada amor - arma - arquetipo - asignatura - biblia - canon - causa - color - deserci6n - efigie - esfera - iluminado - imaginar - imago - jauja - lugar - BUsquedas recientes: mero - plat6nico - principe - prosa - sex symbol - superego - 0 Guardar historial superhombre

ideal ideal ideal Preguntas en los foros con la(s) palabra(s) 'ideal' en el titulo: ideal ideal cascabeleo ideal ideal ideal el dia 31 de enero de 2019, a las 17:00 horas, seria ideal para tener ideal una junta ideal en no se que cascabeleo ideal. .. ideal locura ideal lnf6rmanos de las anuncios inapropiados. ideal mariposas blancas / alimento ideal ideal Mi profesi6n ideal es ... Convierte en un Patrocinador de Word Reference para ideal l,Ouien mas quiere contarnos c6mo es su dia ideal? - la tilde ver este sitio sin anuncios. View All to ideal Usuario de Firefox: usa accesos directos para • Visita el foro S61o Espanol. acelerar tus busquedas en Word Reference. Enlaces: • Ayuda a WordReference: Pregunta tu mismo.

@ Preferences Abreviaturas En otros idiomas: Frances I Portugues I Italiano I Aleman I Holandes I Sueco I Polaco I ApoyarWR Rumano I Checo I Griego I Turco I Chino I Japones I Coreano I Arabe I Ingles Privacy Policy Foros Sugerencias

Exhibit A-24

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WordReference.com | Online Language Dictionaries English Dictionary | ideal

..,AOWE~): @ Rf/ MAX" Toby Atencio --i RE/MAX In Action North Idaho Real Estate \ 'F~ ,, Sandpoint, ID

'--C____ 7_J LIEnglish __ definition __J vl[] LlForums Advertisements See Also: ideal ....._c_r'-----LISTEN: US 3 [aɪˈdɪəl] Idaho Idaho Falls in Spanish | in French | English synonyms | English Collocations | English Usage | IDB Conjugator in context images iddhi | | IDE idea idea hamster WordReference Random House Learner's Dictionary of American English © 2019 idea man i•de•al /aɪˈdiəl, aɪˈdil/ idea of pure reason n. [countable] ideaistic ideal 1. an idea or notion of something perfect: ideal element democracy existing as an ideal. ideal gas 2. a person or thing thought of as being a perfect example of something: ideal gas law I thought of him as the ideal of teachers everywhere. ideal of pure reason ideal point 3. an ultimate object, esp. one of high or noble character: Word of the day: friendly | beckon ideal type Don't compromise your ideals. Advertisements idealism 4. something that exists only in the imagination. idealist idealistic ideality adj. 5. being or making up a standard of excellence: [before a noun] Settings: ideal beauty. BECAUSE SOMEDAY 6. perfect of its kind: Click on word: an ideal spot for a home. I want to go where ® gets translation 7. wonderful; 0 does nothing the wind takes me. excellent; Recent searches: best: Save history It would be ideal if you could stay.

޺޻޼޽޾Preferences 2. a standard of perfection or excellence. Report an inappropriate ad. Abbreviations 3. a person or thing conceived as embodying such a conception or Pron. Symbols conforming to such a standard, and taken as a model for imitation: Become a WordReference Supporter to view the site Support WR Thomas Jefferson was his ideal. ad-free. Privacy Policy Forums 4. an ultimate object or aim of endeavor, esp. one of high or noble Chrome users: Use search shortcuts for the fastest Suggestions character: search of WordReference. He refuses to compromise any of his ideals. 5. something that exists only in the imagination: To achieve the ideal is almost hopeless. 6. a subring of a ring, any element of which when Mathematics multiplied by any element of the ring results in an element of the subring.

adj. 7. conceived as constituting a standard of perfection or excellence: ideal beauty. 8. regarded as perfect of its kind: an ideal spot for a home. 9. existing only in the imagination; not real or actual: Nature is real; beauty is ideal. 10. advantageous; excellent; best: It would be ideal if she could accompany us as she knows the way. 11. based upon an ideal or ideals: Exhibit A-25 the ideal theory of numbers. 12.

◾ pertaining to a possible state of affairs considered as Philosophy highly desirable. ◾ pertaining to or of the nature of idealism. i•de′al•ness, n.

Etymology ide lis. 1 ➜ Late Latin ā See , - ➜ 1605–15

Synonyms 1, 2. epitome. I, , refer to something considered as a standard to strive toward or something considered worthy of imitation. An is a concept or standard of perfection, existing merely as an image in the mind, or based upon a person or upon conduct: We admire the high ideals of a religious person. Sir Philip Sidney was considered the ideal in gentlemanly conduct. An is a person or the conduct or achievements of a person regarded as worthy of being followed or imitated in a general way; or sometimes, as properly to be avoided: an example of courage; a bad example to one's children. A is primarily a physical shape to be closely copied, but is also a pattern for exact imitation in conduct or character: They took their leader as a model. 4. intention, objective. 7. perfect, consummate, complete. 9. illusory, imaginary, fanciful, fantastic.

Collins Concise English Dictionary © HarperCollins Publishers:: ideal /aɪˈdɪəl/ 1. a conception of something that is perfect, esp that which one seeks to attain 2. a person or thing considered to represent perfection 3. something existing only as an idea 4. a pattern or model, esp of ethical behaviour 1. conforming to an ideal 2. of, involving, or existing in the form of an idea 3. of or relating to a highly desirable and possible state of affairs 4. of or relating to idealism

• iˈdeally

• iˈdealness

'ideal' also found in these entries: Avogadro's law - Beatrice - Boyle's law - Carnot cycle - Castiglione - Coverley - Darby and Joan - Gay-Lussac's law - Harrington - Jerusalem - Kelvin scale - More - Utopia - Utopian - anarchy - apotheosis - approximate - attachment - beau ideal - beautiful - behavior - cakravartin - card-carrying - cause - chivalry - crystallographic axis - cult - dedicated - dedication - deromanticize - dharma - disegno - dream - dream ticket - ego ideal - eidolon - erect - espouse - exalted - example - exemplar - fanatic - fantasize - fantasy - fantasyland - fight - follow - follower - gas equation - gas law

Synonymes: prototypical, model, archetypical, typical, consummate, more...

To: Strauzer, David S ([email protected]) Subject: U.S. TRADEMARK APPLICATION NO. 86546325 - ABSOLUT IDEAL - N/A Sent: 6/3/2015 7:47:19 AM Sent As: [email protected] Attachments: Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 Attachment - 17 Attachment - 18 Attachment - 19 Attachment - 20 Attachment - 21 Attachment - 22 Attachment - 23 Attachment - 24 Attachment - 25 Attachment - 26 Attachment - 27 Attachment - 28

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

U.S. APPLICATION SERIAL NO. 86546325

MARK: ABSOLUT IDEAL *86546325* CORRESPONDENT ADDRESS: STRAUZER, DAVID S CLICK HERE TO RESPOND TO THIS LETTER: 201 E 66th St Apt 5H http://www.uspto.gov/trademarks/teas/response_forms.jsp New York, NY 10065-6455 VIEW YOUR APPLICATION FILE

APPLICANT: Strauzer, David S

CORRESPONDENT’S REFERENCE/DOCKET NO : N/A CORRESPONDENT E-MAIL ADDRESS: [email protected] Exhibit B-1 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, 1026 (Fed. Cir. 1988).

Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration.

DISCLAIMER REQUIRED

Applicant must disclaim the wording “IDEAL” because it merely describes an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s goods and/or services, and thus is an unregistrable component of the mark. See 15 U.S.C. §§1052(e)(1), 1056(a); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012) (quoting In re Oppedahl & Larson LLP, 373 F.3d 1171, 1173, 71 USPQ2d 1370, 1371 (Fed. Cir. 2004)); TMEP §§1213, 1213.03(a).

The USPTO has already determined that IDEAL is a descriptive term when used in connection with jewelry. See attached third-party registrations with IDEAL disclaimed and/or registered on the supplemental register. Third-party registrations featuring goods and/or services the same as or similar to applicant’s goods and/or services are probative evidence on the issue of descriptiveness where the relevant word or term is disclaimed, registered under Trademark Act Section 2(f) based on acquired distinctiveness, or registered on the Supplemental Register. See Inst. Nat’l des Appellations D’Origine v. Vintners Int’l Co. , 958 F.2d 1574, 1581-82, 22 USPQ2d 1190, 1196 (Fed. Cir. 1992); In re Box Solutions Corp., 79 USPQ2d 1953, 1955 (TTAB 2006); In re Finisar Corp., 78 USPQ2d 1618, 1621 (TTAB 2006).

An applicant may not claim exclusive rights to terms that others may need to use to describe their goods and/or services in the marketplace. See Dena Corp. v. Belvedere Int’l, Inc. , 950 F.2d 1555, 1560, 21 USPQ2d 1047, 1051 (Fed. Cir. 1991); In re Aug. Storck KG, 218 USPQ 823, 825 (TTAB 1983). A disclaimer of unregistrable matter does not affect the appearance of the mark; that is, a disclaimer does not physically remove the disclaimed matter from the mark. See Schwarzkopf v. John H. Breck, Inc., 340 F.2d 978, 978, 144 USPQ 433, 433 (C.C.P.A. 1965); TMEP §1213.

If applicant does not provide the required disclaimer, the USPTO may refuse to register the entire mark. See In re Stereotaxis Inc., 429 F.3d 1039, 1040-41, 77 USPQ2d 1087, 1088-89 (Fed. Cir. 2005); TMEP §1213.01(b).

Applicant should submit a disclaimer in the following standardized format:

No claim is made to the exclusive right to use “IDEAL” apart from the mark as shown.

For an overview of disclaimers and instructions on how to satisfy this disclaimer requirement online using the Trademark Electronic Application System (TEAS) form, please go to http://www.uspto.gov/trademarks/law/disclaimer.jsp.

TRANSLATION REQUIRED

Applicant must submit an English translation of all foreign wording in the mark. 37 C.F.R. §2.32(a)(9); see TMEP §809. In the present case, the wording “ABSOLUT” requires translation.

The following translation statement is suggested:

The English translation of the word “ABSOLUT” in the mark is “absolute”.

TMEP §809.03. See attached translation evidence.

If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney directly at the number below.

TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $50 per international class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone without

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 09/20/2020) Response to Office Action

The table below presents the data as entered.

Input Field Entered SERIAL NUMBER 87699674 LAW OFFICE ASSIGNED LAW OFFICE 105 MARK SECTION

MARK https://tmng-al.uspto.gov/resting2/api/img/87699674/large

LITERAL ELEMENT IDEAL

STANDARD CHARACTERS YES

USPTO-GENERATED IMAGE YES The mark consists of standard characters, without claim to any particular font style, MARK STATEMENT size or color. ARGUMENT(S)

Applicant has applied for registration of IDEAL for “Ammunition reloading devices, namely, reloading presses for pistol and rifle ammunition cartridges.” Applicant’s goods are a manually activated press used by firearms ammunition reloaders to shape ammunition cartridge cases for reloading. Typically, the press acts on a cartridge case that is placed in a die. When pressed into a first die the ammunition case is resized and decapped, in a second die the case mouth is expanded, and a third die a bullet is seated and crimped in the case.

The Examining Attorney has refused registration of Applicant's mark under Section 2(d) of the Lanham Act, 15 U.S.C. § 1052(d), on the ground that Applicant’s mark so resembles a registered mark as to be likely to cause confusion. The details of the registered mark cited by the Examining Attorney is as follows:

- U.S. Registration No. 5443857 for IDEAL CONCEAL for “firearms.”

A determination of likelihood of confusion under Section 2(d) is based upon an analysis of all of the probative facts in evidence that are relevant to the factors bearing on the issue of likelihood of confusion. In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 177 USPQ 563, 567 (CCPA 1973). See also, In re Majestic Distilling Co., 315 F.3d 1311, 65 USPQ2d 1201, 1203 (Fed. Cir. 2003). In determining a likelihood of confusion, the Examining Attorney must consider the following factors, when relevant: similarity of the marks; similarity of the goods/services; similarity of the channels of trade; fame of the registered mark; conditions of purchase; third party usage of similar marks for similar goods; instances of actual confusion; concurrent use of marks without actual confusion; range of goods on which registrant uses mark; market interface between applicant and registrant; right to exclude other from use of the mark; extent of potential confusion; and, any other established probative fact.

IDEAL is a Weak Mark

IDEAL means “a standard of perfection or excellence.” (See Dictionary.com definition submitted herewith). As such, the term IDEAL has is a common term used in many trademarks, and is essentially a laudatory term. At the present time there are 558 registered trademarks containing the term IDEAL. (See attached page 1 printout of the TESS Search of “(ideal)[BI] and (live)[LD] and (not "0")[rn]”). In particular, IDEAL has a fairly common usage in connection with metal working tools. See e.g. IDEAL, Reg. No. 2787951 owned by Ideal Industries, Inc. which includes power-operated wire processing apparatus, namely, wire strippers, thermal strippers in the nature of electrically-powered tools that use heat to remove the insulation from conductive wire, pneumatic cable strippers, wire measuring and cutting machines, powered cable cutters and powered wire strippers and cutters; maintenance equipment, namely, machine tool parts in the nature of precision grinder bases; Exhibit B-2 power-operated hole saws, hole saw arbors and step drills; IDEAL, Reg. No. 4738171 owned by W. R. Pabich Mfg. Co. Inc. for wire stitching machines; IDEALDRILLS, Application no. 88060597 (examined and published for opposition) owned by Shanghai LX International Trading Co., Ltd. for Electric screwdrivers; power operated emery grinding wheels; bits for power drills; table saws; dies for use with machine tools; power-driven screw wrenches; power-driven screw-thread cutters; cemented carbide cutting tools; Scraper to aid in skinning an animal operated by an external power source; hollowing bits for power drill; power saw blades; and IDEALCUT, Application no. 87244866 (examined, published for opposition, and allowed) owned by Lincoln Global, Inc. for plasma cutting machines; cutting machines, namely, computer-numerical controlled plasma cutting tables. (TESS Records attached).

The cited mark that is the basis for refusal is IDEAL CONCEAL (with “CONCEAL” disclaimed), which relates to a collapsible concealable handgun. It is clear that the term IDEAL in the cited mark is used in its descriptive meaning as a standard of excellence (e.g. a handgun that provides an ideal ability to be concealed). IDEAL CONCEAL is at best a weakly suggestive mark.

Weak designations are entitled to a narrower scope of protection than an entirely arbitrary or coined word. See Palm Bay Imps., Inc. v. Veuve Clicquot Ponsardin Maison Fondee en 1772, 396 F.3d 1369, 1373, 73 USPQ2d 1689, 1693 (Fed. Cir. 2005); Giersch v. Scripps Networks, Inc., 90 USPQ2d 1020, 1026 (TTAB 2009); In re Box Solutions Corp., 79 USPQ2d 1953, 1957-58 (TTAB 2006); In re Cent. Soya Co., 220 USPQ 914, 916 (TTAB 1984). T.M.E.P. § 1207.01(b)(ix). Third-party registrations such as submitted with this response are relevant to show that a mark or a portion of a mark is descriptive, suggestive, or so commonly used that the public will look to other elements to distinguish the source of the goods or services. See, e.g., In re Hartz Hotel Servs., Inc., 102 USPQ2d 1150, 1153-54 (TTAB 2012); In re Melville Corp., 18 USPQ2d 1386, 1388 (TTAB 1991); In re Dayco Products-Eaglemotive Inc., 9 USPQ2d 1910, 1911-12 (TTAB 1988); Plus Prods. v. Star-Kist Foods, Inc., 220 USPQ 541, 544 (TTAB 1983). Evidence of third-party use falls under the sixth du Pont factor – the “number and nature of similar marks in use on similar goods.” In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973). If the consuming public is exposed to third-party use of similar marks on similar goods, it “is relevant to show that a mark is relatively weak and entitled to only a narrow scope of protection.” Palm Bay Imps., Inc. v. Veuve Clicquot Ponsardin Maison Fondee en 1772, 396 F.3d 1369, 1373-74, 73 USPQ2d 1689, 1693 (Fed. Cir. 2005). See T.M.E.P. § 1207.01(d)(iii).

The approach to likelihood of confusion in this case should recognize that the analysis is an analysis of weakly suggestive marks. The presence of weakly suggestive terms in two trademarks is an insufficient basis on which to find a likelihood of confusion when there are differences between the marks and/or goods. For example, the decisions in Plus Products v. Star Kist Foods, Inc., 220 U.S.P.Q. 541 (T.T.A.B. 1983) (PLUS for pet vitamins and pet food supplements not confusingly similar to MEAT PLUS for pet food); Burger King Systems, Inc. v. Sandwich Chef, Inc., 203 U.S.P.Q. 733 (C.C.P.A. 1979) (SANDWICH CHEF not confusingly similar to BURGER CHEF for restaurant services); In re Box Solutions Corp., 79 USPQ2d 1953 (TTAB 2006) (BOX SOLUTIONS and Design for servers not confusingly similar to BOX and design for computers); In re Farm Fresh Catfish Co., 231 USPQ 495 (TTAB 1986) (CATFISH BOBBERS (with "CATFISH" disclaimed) for fish held not likely to be confused with BOBBER for restaurant services); and In re Shawnee Milling Co., 225 USPQ 747 (TTAB 1985) (GOLDEN CRUST for flour held not likely to be confused with ADOLPH'S GOLD'N CRUST and design (with "GOLD'N CRUST" disclaimed) for coating and seasoning for food items); show that the mere use of common words among trademarks is an insufficient basis on which to find a likelihood of confusion when the marks are weakly suggestive marks. There are numerous Board cases finding no likelihood of confusion between even identical marks for goods or services used in a common industry, where the goods and/or services at issue differ from each other and there is insufficient evidence to establish a reasonable basis for assuming that they would be encountered by the same purchasers. See, Borg-Warner Chemicals, Inc. v. Helena Chemical Co., 225 USPQ 222, 224 (TTAB 1983) (no likelihood of confusion between BLEND EX for stabilizing chemical composition for fertilizers and pesticides versus BLENDEX for synthetic resins used in the industrial arts - "while both products are chemical compositions, said products neither overlap nor move in common trade channels"); In re Fesco, 219 USPQ 437 (TTAB 1983) (no likelihood of confusion between FESCO & Design for distributorship services in the field of farm machinery and equipment versus FESCO for a variety of fertilizer processing and machinery and equipment); Chase Brass & Copper Co., Inc. v. Special Springs, Inc., 199 USPQ 243 (TTAB 1978) (no likelihood of confusion between BLUE DOT for springs for engine distributors versus BLUE DOT for brass rods, both products used in new automobile manufacture); Autac, Inc. v. Walco Sys., Inc., 195 USPQ 11 (TTAB 1977) (no likelihood of confusion between AUTAC for thermocouple automatic temperature regulators for brushless wire preheaters versus AUTAC for retractile electric cords, both products used in the wire manufacturing industry); Hi-Country Foods Corp. v. Hi Country Beef Jerky, 4 USPQ2d 1169 (TTAB 1987) (no likelihood of confusion between HI-COUNTRY & Design for various fruit juices versus HI-COUNTRY (stylized) for meat snack foods in the nature of jerky and sausage).

To: Yost, Richard ([email protected]) Subject: U.S. TRADEMARK APPLICATION NO. 86305141 - IDEAL 420 SOIL - N/A Sent: 9/29/2014 10:51:39 AM Sent As: [email protected] Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

U.S. APPLICATION SERIAL NO. 86305141

MARK: IDEAL 420 SOIL *86305141* CORRESPONDENT ADDRESS: BRIAN MURPHY CLICK HERE TO RESPOND TO THIS LETTER: 234 LAFAYETTE RD http://www.uspto.gov/trademarks/teas/response_forms.jsp HAMPTON, NH 03842-4105 VIEW YOUR APPLICATION FILE

APPLICANT: Yost, Richard

CORRESPONDENT’S REFERENCE/DOCKET NO : N/A CORRESPONDENT E-MAIL ADDRESS: [email protected]

OFFICE ACTION

ISSUE/MAILING DATE: 9/29/2014

The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

SEARCH OF OFFICE’S DATABASE OF MARKS The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).

OTHER REQUIREMENTS Although registration has not been refused, Applicant must address the following requirements.

SIGNIFICANCE OF THE MARK Applicant must explain whether “420 ” has any meaning or significance in the industry in which the goods are manufactured, or if “420” is a “term of art” within applicant’s industry. Applicant must also explain whether this number has any meaning in connection with the identified goods. See 37 C.F.R. §2.61(b); TMEP §814.

Failure to respond to a request for information is an additional ground for refusing registration. See In re Cheezwhse.com, Inc., 85 USPQ2d 1917, 1919 (TTAB 2008); In re DTI P’ship LLP , 67 USPQ2d 1699, 1701 (TTAB 2003); TMEP §814. DISCLAIMER REQUIRED Applicant must disclaim the wording “IDEAL” and “SOIL” because it merely describes an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s goods and/or services, and thus is an unregistrable component of the mark. See 15 U.S.C. §§1052(e)(1), 1056(a); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012) (quoting In re Oppedahl & Larson LLP, 373 F.3d 1171, 1173, 71 USPQ2d 1370, 1371 (Fed. Cir. 2004)); TMEP §§1213, 1213.03(a). Exhibit B-3 The word SOIL is a generic term for the identified goods, that is SOIL. The word IDEAL describes the high quality of the soil. IDEAL describes the character of the goods. IDEAL soil is soil that is perfect for the particular application. Therefore, the wording IDEAL and SOIL merely describes the identified goods.

An applicant may not claim exclusive rights to terms that others may need to use to describe their goods and/or services in the marketplace. See Dena Corp. v. Belvedere Int’l, Inc., 950 F.2d 1555, 1560, 21 USPQ2d 1047, 1051 (Fed. Cir. 1991); In re Aug. Storck KG, 218 USPQ 823, 825 (TTAB 1983). A disclaimer of unregistrable matter does not affect the appearance of the mark; that is, a disclaimer does not physically remove the disclaimed matter from the mark. See Schwarzkopf v. John H. Breck, Inc., 340 F.2d 978, 978, 144 USPQ 433, 433 (C.C.P.A. 1965); TMEP §1213.

Applicant should submit a disclaimer in the following standardized format:

No claim is made to the exclusive right to use “IDEAL” and “SOIL” apart from the mark as shown.

SPECIMEN REQUIRED Registration is refused because the specimen consists of material used by applicant to conduct its business transactions and thus does not show the applied-for mark in use in commerce. 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a). Generally, materials for conducting an applicant’s internal business or carrying out business dealings are not acceptable as specimens to show use in commerce for goods. See 15 U.S.C. §1127; 37 C.F.R. §2.56(b)(1); In re Chi. Rawhide Mfg. Co., 455 F.2d 563, 565, 173 USPQ 8, 9 (C.C.P.A. 1972); In re Bright of Am., Inc., 205 USPQ 63, 71 (TTAB 1979); TMEP §§904.03, 904.04(b), (c).

Specifically, the specimen consists of what appears to be letterhead with the proposed mark appearing at the top.

An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark in use in commerce for each international class of goods and/or services identified in the application or amendment to allege use. 15 U.S.C. §1051(a)(1); 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).

Examples of specimens for goods may include tags, labels, instruction manuals, containers, and photographs that show the mark on the actual goods or packaging, or displays associated with the actual goods at their point of sale. See TMEP §§904.03 et seq. Webpages may also be acceptable specimens for goods when they include a picture or textual description of the goods associated with the mark and the means to order the goods. TMEP §904.03(i).

Applicant may respond to this refusal by satisfying one of the following:

(1) Submit a different specimen (a verified “substitute” specimen) that (a) was in actual use in commerce at least as early as the filing date of the application or prior to the filing of an amendment to allege use and (b) shows the mark in actual use in commerce for the goods identified in the application or amendment to allege use.

(2) Amend the filing basis to intent to use under Section 1(b), for which no specimen is required. This option will later necessitate additional fee(s) and filing requirements such as providing a specimen at a subsequent date.

For an overview of both response options referenced above and instructions on how to satisfy either option online using the Trademark Electronic Application System (TEAS) form, please go to http://www.uspto.gov/trademarks/law/specimen.jsp.

If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney.

Please note: All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §2.191; TMEP §§304.01-.02, 709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.

/Wendy B. Goodman, Esq./ Trademark Attorney

To: Heron, Lesley ([email protected]) Subject: U.S. TRADEMARK APPLICATION NO. 87300499 - IDEAL BARTENDER - N/A Sent: 3/16/2017 5:02:51 PM Sent As: [email protected] Attachments: Attachment - 1 Attachment - 2 Attachment - 3

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

U.S. APPLICATION SERIAL NO. 87300499

MARK: IDEAL BARTENDER *87300499* CORRESPONDENT ADDRESS: HERON, LESLEY CLICK HERE TO RESPOND TO THIS LETTER: 1121 E. WASHINGTON ST http://www.uspto.gov/trademarks/teas/response_forms.jsp LOUISVILLE, KY 40206

VIEW YOUR APPLICATION FILE

APPLICANT: Heron, Lesley

CORRESPONDENT’S REFERENCE/DOCKET NO : N/A CORRESPONDENT E-MAIL ADDRESS: [email protected]

OFFICE ACTION

STRICT DEADLINE TO RESPOND TO THIS LETTER TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW. A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.

ISSUE/MAILING DATE: 3/16/2017

The assigned trademark examining attorney has reviewed the referenced application and has determined the following:

SEARCH CONDUCTED

The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that Exhibit B-4 would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).

REGISTRATION REFUSED UNDER TRADEMARK ACT SECTION 2(e)(1)

Registration of the mark IDEAL BARTENDER is refused because the applied-for mark merely describes the nature and characteristics of applicant’s 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 Trademark Trial and Appeal Board has determined that “if the word ‘super’ is combined with a word [that] names the goods or services, or a principal component, grade or size thereof, then the composite term is considered merely descriptive of the goods or services.” In re Phillips-Van Heusen Corp., 63 USPQ2d 1047, 1052 (TTAB 2002) (holding SUPER SILK merely laudatory and descriptive of applicant’s shirts being of an excellent, first-rate, or superior grade of silk fabric), quoted in In re Positec Grp. Ltd., 108 USPQ2d 1161, 1172 (TTAB 2013) (holding SUPERJAWS merely descriptive of applicant’s various machine tools, hand tools, and heavy-duty workbench accessories as superior vice systems for grasping and holding work pieces); see In re Carter-Wallace, Inc., 222 USPQ 729, 730 (TTAB 1984) (holding SUPER GEL merely laudatory and descriptive of applicant’s shaving gel being of superior quality).

Here, the attached dictionary definition from American Heritage Dictionary shows that the word “ideal” means conforming to “a standard of perfection or excellence; perfect or highly satisfactory.” Applicant’s services consist of bartending. Thus, the combined wording “ideal bartender” is laudatory and descriptive of the nature and quality of applicant’s services, i.e., bartender services of a purportedly high quality.

Therefore, since the applied-for mark merely describes the applicant’s services, registration is refused in accordance with the Trademark Act. Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq.

SUPPLEMENTAL REGISTER OPTION NOT AVAILABLE

Although an amendment to the Supplemental Register would normally be an appropriate response to this refusal, such a response is not appropriate in the present case. The instant application was filed under Trademark Act Section 1(b), 15 U.S.C. §1051(b), and is not eligible for registration on the Supplemental Register until an acceptable amendment to allege use under 37 C.F.R. §2.76 has been timely filed. 37 C.F.R. §2.47(d); TMEP §§815.02, 816.02 and 1102.03.

If applicant files an amendment to allege use and also amends to the Supplemental Register, please note that the effective filing date of the application will then be the date of filing of the amendment to allege use. 37 C.F.R. §2.75(b); TMEP §§206.01 and 816.02.

DISCLAIMER ADVISORY

Applicant is advised that, if the application is amended to seek registration on the Principal Register under Trademark Act Section 2(f) or on the Supplemental Register, applicant will be required to disclaim “BARTENDER” because such wording appears to be generic in the context of applicant’s goods and/or services. See 15 U.S.C. §1056(a); In re Wella Corp., 565 F.2d 143, 144, 196 USPQ 7, 8 (C.C.P.A. 1977); In re Creative Goldsmiths of Wash., Inc., 229 USPQ 766, 768 (TTAB 1986); TMEP §1213.03(b).

The following is the standardized format for a disclaimer: No claim is made to the exclusive right to use “BARTENDER” apart from the mark as shown.

TMEP §1213.08(a)(i).

REQUIREMENT FOR ADDITIONAL INFORMATION

This information is necessary to evaluate accurately and fully the registrability of the applicant’s proposed designation. 37 C.F.R. Section 2.61(b); TMEP Section 814. If the applicant does not provide the information required herein, registration may be refused. The Trademark Rules of Practice have the effect of law and failure to comply with a request for information is grounds for refusal of registration. See, e.g., In re Joseph Edward Page, 1999 TTAB LEXIS 229 (TTAB 1999); In re Babies Beat, Inc., 13 USPQ2d 1729 (TTAB 1990); In re Big Daddy's Lounges, Inc., 200 USPQ 371 (TTAB 1978); In re Air Products and Chemicals, Inc., 192 USPQ2d 84, 85-86 (TTAB 1976); and In re Morrison Industries, Inc., 178 USPQ 432, 433-34 (TTAB 1973).

By presenting to the Office any paper, including a response, the practitioner is certifying that all statements made therein of the party’s own knowledge are true and are, to the best of the party's knowledge, information and belief, formed after an inquiry reasonable under the circumstances, made with the knowledge that any practitioner who knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or material fact, or knowingly and willfully makes any false, fictitious, or fraudulent statements or representations, or knowingly and willfully makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall be subject to the penalties set forth under 18 U.S.C. 1001 and any other applicable criminal statute, and violations of the provisions of this section may jeopardize the probative value of the paper. See 37 CFR 11.18(b)(2).

RESPONSE GUIDELINES

Because of the legal technicalities and strict deadlines involved in the USPTO application process, applicant may wish to hire a private attorney specializing in trademark matters to represent applicant in this process and provide legal advice. Although the undersigned trademark examining attorney is permitted to help an applicant understand the contents of an Office action as well as the application process in general, no USPTO attorney or staff is permitted to give an applicant legal advice or statements about an applicant’s legal rights. TMEP §§705.02, 709.06.

For attorney referral information, applicant may consult the American Bar Association’s Consumers’ Guide to Legal Help at http://www.abanet.org/legalservices/findlegalhelp/home.cfm, an attorney referral service of a state or local bar association, or a local telephone directory. The USPTO may not assist an applicant in the selection of a private attorney. 37 C.F.R. §2.11.

E-mail may not be used to file responses to Office actions. These documents may be filed electronically using TEAS. TMEP § 304.02. Further, e-mail may not be used to request an advisory opinion as to the likelihood of overcoming a refusal or requirement.

If applicant has problems viewing or responding to this Office action, please contact the Trademark Assistance Center at 800.786.9199.

TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.

To: Heron, Lesley ([email protected]) Subject: U.S. TRADEMARK APPLICATION NO. 87300489 - IDEAL BARTENDER SCHOOL - N/A Sent: 3/16/2017 5:09:33 PM Sent As: [email protected] Attachments: Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 Attachment - 17 Attachment - 18 Attachment - 19 Attachment - 20 Attachment - 21 Attachment - 22 Attachment - 23 Attachment - 24 Attachment - 25

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

U.S. APPLICATION SERIAL NO. 87300489

MARK: IDEAL BARTENDER SCHOOL *87300489* CORRESPONDENT ADDRESS: HERON, LESLEY CLICK HERE TO RESPOND TO THIS LETTER: 1121 E. WASHINGTON ST http://www.uspto.gov/trademarks/teas/response_forms.jsp LOUISVILLE, KY 40206

VIEW YOUR APPLICATION FILE

APPLICANT: Heron, Lesley Exhibit B-5 N/A CORRESPONDENT E-MAIL ADDRESS: [email protected]

OFFICE ACTION

ISSUE/MAILING DATE: 3/16/2017

The assigned trademark examining attorney has reviewed the referenced application and has determined the following:

SEARCH CONDUCTED

The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).

REGISTRATION REFUSED UNDER TRADEMARK ACT SECTION 2(e)(1)

Registration of the mark IDEAL BARTENDER SCHOOL is refused because the applied-for mark merely describes the nature and characteristics of applicant’s services. Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq.

Here, the attached dictionary definitions from American Heritage Dictionary shows that the word “ideal” means conforming to “a standard of perfection or excellence; perfect or highly satisfactory,” and the word “school” means an institution for instruction in a skill or business.” The attached third-party Internet evidence shows use of the term “bartender school” and “bartending school” to refer to a type of school featuring bartending instruction and information and/or certification. This evidence includes pages from the following Internet sites: https://www.riversidebartendingschool.com/ https://www.bartendingonline.com/index.html http://www.abcbartending.com/index.php http://nationalbartenders.com/ http://www.bartending-school.com/ https://bartenderschool.com/

Applicant’s services consist of providing information and instruction concerning bartending, which is the primary function of a bartending school. Thus, the combined wording “ideal bartender school” is laudatory and descriptive of the nature, quality, and subject matter of applicant’s services.

SUPPLEMENTAL REGISTER OPTION NOT AVAILABLE

DISCLAIMER ADVISORY

Applicant is advised that, if the application is amended to seek registration on the Principal Register under Trademark Act Section 2(f) or on the Supplemental Register, applicant will be required to disclaim “BARTENDING SCHOOL” because such wording appears to be generic in the context of applicant’s goods and/or services. See 15 U.S.C. §1056(a); In re Wella Corp., 565 F.2d 143, 144, 196 USPQ 7, 8 (C.C.P.A. 1977); In re Creative Goldsmiths of Wash., Inc., 229 USPQ 766, 768 (TTAB 1986); TMEP §1213.03(b).

The following is the standardized format for a disclaimer:

No claim is made to the exclusive right to use “BARTENDER SCHOOL” apart from the mark as shown.

TMEP §1213.08(a)(i).

If applicant responds to the refusal(s), applicant must also respond to the requirement(s) set forth below.

REQUIREMENT FOR ADDITIONAL INFORMATION

The applicant must respond to the following questions for the application record: 1) What is the meaning and significance of the wording “ideal” in relation to applicant’s services? 2) Are applicant’s services excellent or exemplary? a. If so, please explain and provide examples. 3) Does the applicant provide information related to instruction in the field of bartending or how to tend a bar or bartend? a. If so, please explain and provide examples with any applicable URLs or website addresses where the information appears.

RESPONSE GUIDELINES

If applicant has problems viewing or responding to this Office action, please contact the Trademark Assistance Center at 800.786.9199.

TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.

/efennessy/ Edward Fennessy Examining Attorney, Law Office 114 571-272-8804

To: The Galley, LLC ([email protected]) Subject: U.S. TRADEMARK APPLICATION NO. 87588277 - IDEAL KITCHEN WORKSTATION - 410313.02060 Sent: 12/7/2017 4:39:50 PM Sent As: [email protected] Attachments: Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 Attachment - 17 Attachment - 18 Attachment - 19 Attachment - 20 Attachment - 21 Attachment - 22 Attachment - 23 Attachment - 24 Attachment - 25 Attachment - 26 Attachment - 27 Attachment - 28 Attachment - 29 Attachment - 30 Attachment - 31 Attachment - 32 Attachment - 33 Attachment - 34 Attachment - 35 Attachment - 36 Attachment - 37 Attachment - 38 Attachment - 39

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION Exhibit B-6 U.S. APPLICATION SERIAL NO. 87588277

MARK: IDEAL KITCHEN *87588277* WORKSTATION

CORRESPONDENT ADDRESS: CLICK HERE TO RESPOND TO THIS MICHAEL H. LETTER: SMITH http://www.uspto.gov/trademarks/teas/response_forms.jsp HALL ESTILL HARDWICK GABLE VIEW YOUR APPLICATION FILE GOLDEN & NELS 100 NORTH BROADWAY, SUITE 2900 OKLAHOMA CITY, OK 73102

APPLICANT: The Galley, LLC

CORRESPONDENT’S REFERENCE/DOCKET NO: 410313.02060 CORRESPONDENT E-MAIL ADDRESS:

[email protected]

OFFICE ACTION

STRICT DEADLINE TO RESPOND TO THIS LETTER

TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW. A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.

ISSUE/MAILING DATE: 12/7/2017

The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

Summary of Issues Discussed in the Office Action · Search of Office’s Database of Marks – No Conflicting Marks · Duplicate Registrations Not Permitted · Refusal under Trademark Act Section 2(e)(1) – Mark is Merely Descriptive · Specimen of Record Unacceptable

Search of Office’s Database of Marks – No Conflicting Marks

However, the applicant must address the following refusals and requirements.

Duplicate Registrations Not Permitted

Registration is refused because this application appears to be essentially an exact duplicate of U.S. Registration No. 4831897. 37 C.F.R. §2.48; TMEP §703. See the attached registration. The USPTO will not issue duplicate registrations. 37 C.F.R. §2.48; TMEP §703. Applicant may respond to this refusal by abandoning the application or surrendering the registration.

The applicant must also address the following grounds for refusal.

Refusal under Trademark Act Section 2(e)(1) – Mark is Merely Descriptive

Registration is refused because the applied-for mark, “IDEAL KITCHEN WORKSTATION”, merely describes the nature, purpose, and qualities of the applicant’s goods. Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq.

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); In re Digital Research Inc., 4 USPQ2d 1242, 1243-44 (TTAB 1987) (finding CONCURRENT PC-DOS and CONCURRENT DOS merely descriptive of “computer programs recorded on disk” where the relevant trade used the denomination “concurrent” as a descriptor of a particular type of operating system).

“Whether consumers could guess what the product [or service] is from consideration of the mark alone is not the test.” In re Am. Greetings Corp., 226 USPQ 365, 366 (TTAB 1985). The question is not whether someone presented only with the mark could guess what the goods and/or services are, but “whether someone who knows what the goods and[/or] services are will understand the mark to convey information about them.” DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1254, 103 USPQ2d 1753, 1757 (Fed. Cir. 2012) (quoting In re Tower Tech, Inc., 64 USPQ2d 1314, 1316-17 (TTAB 2002)); In re Franklin Cnty. Historical Soc’y , 104 USPQ2d 1085, 1087 (TTAB 2012).

Three major reasons for not protecting descriptive marks are (1) to protect only marks that are capable of being distinguished by consumers as indicators of unique source; (2) to prevent the owner of a descriptive mark from inhibiting competition in the marketplace; and (3) to avoid the possibility of costly infringement suits brought by the trademark or service mark owner. In re Abcor Dev. Corp., 588 F.2d 811, 813, 200 USPQ 215, 217 (C.C.P.A. 1978); TMEP §1209. Businesses and competitors should be free to use descriptive language when describing their own goods and/or services to the public in advertising and marketing materials. See In re Styleclick.com Inc., 58 USPQ2d 1523, 1527 (TTAB 2001).

Analysis of the Applicant’s Mark in the Context of the Identified Goods

The applicant seeks to register its mark “IDEAL KITCHEN WORKSTATION” for goods in the nature of sinks. The mark merely describes the nature, purpose, and qualities of the goods.

The attached evidence from the Merriam-Webster online dictionary shows the meanings of the common terms in the mark. The word “IDEAL” is defined as “conforming exactly to an ideal, law, or standard” and “perfect.” In this sense, the word is laudatory of the quality and convenience of the goods. “Marks that are merely laudatory and descriptive of the alleged merit of a product [or service] are . . . regarded as being descriptive” because “[s]elf-laudatory or puffing marks are regarded as a condensed form of describing the character or quality of the goods [or services].” DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1256, 103 USPQ2d 1753, 1759 (Fed. Cir. 2012) (quoting In re The Boston Beer Co., 198 F.3d 1370, 1373, 53 USPQ2d 1056, 1058 (Fed. Cir. 1999)); see In re Nett Designs, Inc., 236 F.3d 1339, 1342, 57 USPQ2d 1564, 1566 (Fed. Cir. 2001) (holding THE ULTIMATE BIKE RACK merely laudatory and descriptive of applicant’s bicycle racks being of superior quality); In re The Boston Beer Co., 198 F.3d at 1373-74, 53 USPQ2d at 1058-59 (holding THE BEST BEER IN AMERICA merely laudatory and descriptive of applicant’s beer and ale being of superior quality); TMEP §1209.03(k). In fact, “puffing, if anything, is more likely to render a mark merely descriptive, not less so.” DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d at 1256, 103 USPQ2d at 1759.

The word “KITCHEN” in the mark merely describes the purpose of the goods in that the sinks are used in kitchens. The word is defined as “a place (such as a room) with cooking facilities.” The applicant’s specimen clearly shows the use of the goods in kitchens and the specimen and application expressly identify the goods as “kitchen skinks”.

The word “WORKSTATION” in the mark merely describes the nature and purpose of the goods in that they function as places in kitchens alongside sinks for doing cooking prep work. The wording means “an area with equipment for the performance of a specialized task usually by a single individual.” The applicant’s specimen and prior registrations clearly treat the word as merely descriptive of the purpose of the goods: “The Galley is a super-functional workstation.” Taken together, the terms comprising the mark are not inherently distinctive, as rather than perceive the wording as indicating a particular, unique source, consumers would merely perceive the wording as describing the nature and purpose of the underlying goods and attributing desirable qualities to them. Therefore, registration is refused.

Although applicant’s mark has been refused registration, applicant may respond to the refusal by submitting evidence and arguments in support of registration.

The applicant must also address the following grounds for refusal and associated requirements.

Specimen of Record Unacceptable

Registration is refused because the specimen fails to show the applied-for mark in proper use in commerce with the goods identified in the application. Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a), 1301.04(f)(i), (g)(i). An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark in use in commerce for each international class of goods and/or services identified in the application or amendment to allege use. 15 U.S.C. §1051(a)(1); 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).

In this case, the applicant seeks to register its mark “IDEAL KITCHEN WORKSTATION” for goods in the nature of sinks. Examples of specimens for goods include tags, labels, instruction manuals, containers, photographs that show the mark on the actual goods or packaging, and displays associated with the actual goods at their point of sale. See TMEP §§904.03 et seq. Webpages may also be specimens for goods when they include a picture or textual description of the goods associated with the mark and the means to order the goods. TMEP §904.03(i). Finally, in appropriate cases, catalogs are acceptable specimens of trademark use. See Lands’ End Inc. v. Manbeck, 797 F. Supp. 511, 24 USPQ2d 1314 (E.D. Va. 1992). The Court in Lands’ End evaluated a catalog specimen as follows:

A customer can identify a listing and make a decision to purchase by filling out the sales form and sending it in or by calling in a purchase by phone. A customer can easily associate the product with the word "KETCH" in the display . . . . The point of sale nature of this display, when combined with the prominent display of the alleged mark with the product, leads this court to conclude that this mark constitutes a display associated with the goods.

24 USPQ2d at 1316.

In the present case, the specimen shows images from a catalog that feature the mark. However, the catalog does not feature sufficient information to function as a proper specimen for goods. The catalog images do not show discrete products that consumers can choose from, does not list particular product numbers or specifications, does not show pricing information, and does not show information used to place an order. In the absence of all of such information, the specimen at best is mere advertising for goods. Therefore, registration is refused.

Applicant may respond to this refusal by satisfying one of the following:

(1) Submit a different specimen (a verified “substitute” specimen) that (a) was in actual use in commerce at least as early as the filing date of the application, and (b) shows the mark in actual use in commerce for the goods identified in the application. A “verified substitute specimen” is a specimen that is accompanied by the following statement made in a signed affidavit or supported by a declaration under 37 C.F.R. §2.20: “The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application or prior to the filing of the amendment to allege use.” The substitute specimen cannot be accepted without this statement.

/Cory Boone/ Cory Boone Trademark Examining Attorney Law Office 104 Phone: (571) 270-1510 [email protected]

To: Worldwide Diamond Trademarks, Ltd. ([email protected]) Subject: U.S. TRADEMARK APPLICATION NO. 86128417 - IDEAL SQUARE - DE2195 Sent: 3/10/2014 12:33:04 PM Sent As: [email protected] Attachments: Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 Attachment - 17 Attachment - 18 Attachment - 19 Attachment - 20 Attachment - 21 Attachment - 22

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

U.S. APPLICATION SERIAL NO. 86128417

MARK: IDEAL SQUARE *86128417* CORRESPONDENT ADDRESS: DAVID A. EINHORN CLICK HERE TO RESPOND TO THIS LETTER: BAKER HOSTETLER http://www.uspto.gov/trademarks/teas/response_forms.jsp 45 ROCKEFELLER PLZ FL 10 NEW YORK, NY 10111-0230

APPLICANT: Worldwide Diamond Trademarks, Ltd.

CORRESPONDENT’S REFERENCE/DOCKET NO: DE2195 CORRESPONDENT E-MAIL ADDRESS: [email protected]

OFFICE ACTION Exhibit B-7 STRICT DEADLINE TO RESPOND TO THIS LETTER TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.

ISSUE/MAILING DATE: 3/10/2014

SEARCH OF OFFICE’S DATABASE OF MARKS

DISCLAIMER REQUIRED

Applicant must disclaim the descriptive wording “IDEAL SQUARE” apart from the mark as shown because it merely describes an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s goods. See 15 U.S.C. §§1052(e)(1), 1056(a); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., ___ F.3d ___, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012) (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); TMEP §§1213, 1213.03(a).

Specifically, the word “ideal” is laudatory in that it refers to something that is “considered the best of its kind.” Please see attached dictionary definition. Please see attached registrations in which the term IDEAL has been held merely descriptive and disclaimed for similar or related goods.

“ Marks that are merely laudatory and descriptive of the alleged merit of a product [or service] are . . . regarded as being descriptive” because “[s]elf-laudatory or puffing marks are regarded as a condensed form of describing the character or quality of the goods [or services].” DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1256, 103 USPQ2d 1753, 1759 (Fed. Cir. 2012) (quoting In re The Boston Beer Co., 198 F.3d 1370, 1373, 53 USPQ2d 1056, 1058 (Fed. Cir. 1999)); see In re Nett Designs, Inc., 236 F.3d 1339, 1342, 57 USPQ2d 1564, 1566 (Fed. Cir. 2001) (holding THE ULTIMATE BIKE RACK merely laudatory and descriptive of applicant’s bicycle racks being of superior quality); In re The Boston Beer Co., 198 F.3d at 1373-74, 53 USPQ2d at 1058-59 (holding THE BEST BEER IN AMERICA merely laudatory and descriptive of applicant’s beer and ale being of superior quality); TMEP §1209.03(k). In fact, “puffing, if anything, is more likely to render a mark merely descriptive, not less so.” DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d at 1256, 103 USPQ2d at 1759.

The word “square,” in the context of diamonds is merely descriptive of the shape in which the diamond is shaped or cut. It is merely descriptive of a characteristic of the diamond and diamond jewelry. Please see attached article on square cut diamond and Google search results on cushion cut diamond and diamond jewelry.

Applicant may submit the following standardized format for a disclaimer:

No claim is made to the exclusive right to use “IDEAL SQUARE” apart from the mark as shown.

TMEP §1213.08(a)(i); see In re Owatonna Tool Co., 231 USPQ 493 (Comm’r Pats. 1983).

A “disclaimer” is a statement in the application record that applicant does not claim exclusive rights to an unregistrable component of a mark; a disclaimer does not affect the appearance of the mark or physically remove disclaimed matter from the mark. TMEP §§1213, 1213.10. An unregistrable component of a mark includes wording and designs that are merely descriptive of an applicant’s goods. 15 U.S.C. §1052(e); see TMEP §§1209.03(f), 1213.03 et seq. Such words or designs need to be freely available for other businesses to market comparable goods or services and should not become the proprietary domain of any one party. See Dena Corp. v. Belvedere Int’l, Inc. , 950 F.2d 1555, 1560, 21 USPQ2d 1047, 1051 (Fed. Cir. 1991); In re Aug. Storck KG, 218 USPQ 823, 825 (TTAB 1983).

Description Amendment Required – Description Vague

The description of the mark uses broad, vague language that does not accurately describe the applied-for mark. Applications for marks not in standard characters must include an accurate and concise description that identifies all literal elements as well as any design elements in the mark. See 37 C.F.R. §2.37; TMEP §808.02.

To: IdealSpot, Inc ([email protected]) Subject: U.S. TRADEMARK APPLICATION NO. 87621610 - IDEALSPOT - N/A Sent: 1/8/2018 1:29:54 PM Sent As: [email protected] Attachments: Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 Attachment - 17 Attachment - 18 Attachment - 19 Attachment - 20 Attachment - 21 Attachment - 22 Attachment - 23 Attachment - 24 Attachment - 25

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

U.S. APPLICATION SERIAL NO. 87621610

MARK: IDEALSPOT *87621610*

CORRESPONDENT ADDRESS: CLICK HERE TO RESPOND TO THIS IDEALSPOT, INC LETTER: IDEALSPOT, INC http://www.uspto.gov/trademarks/teas/response_forms.jsp 902 EAST 5TH STREET, SUITE 201 VIEW YOUR APPLICATION FILE 902 EAST 5TH STREET, SUITE 201 AUSTIN, TX 78701 Exhibit B-8 Inc

CORRESPONDENT’S REFERENCE/DOCKET NO: N/A CORRESPONDENT E-MAIL ADDRESS: [email protected]

OFFICE ACTION

ISSUE/MAILING DATE: 1/8/2018

TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.

Registration Refused—Merely Descriptive of Feature of Services under Section 2 (e )(1):

Registration is refused because the applied-for mark merely describes the feature /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.

The term “ideal spot” is frequently used by third parties in a descriptive manner, identifying a perfect location for particular types of businesses or meetings. ( see enclosed internet website articles).

Given the primary purpose of the services being to provide information on specific business locations for certain types of businesses, this term possesses the same descriptive meaning as use in the third party internet articles.

The fact that the applicant has combined these words into a single phrase does not lessen the descriptive significance of the term as a whole.

Generally, if the individual components of a mark retain their descriptive meaning in relation to the goods and/or services, the combination results in a composite mark that is itself descriptive and not registrable. In re Fat Boys Water Sports LLC, 118 USPQ2d 1511, 1516 (TTAB 2016) (citing In re Tower Tech, Inc., 64 USPQ2d 1314, 1317-18 (TTAB (2002)); TMEP §1209.03(d); see, e.g., Apollo Med. Extrusion Techs., Inc. v. Med. Extrusion Techs., Inc., 123 USPQ2d 1844, 1851 (TTAB 2017) (holding MEDICAL EXTRUSION TECHNOLOGIES merely descriptive of medical extrusion goods produced by employing medical extrusion technologies); In re Cannon Safe, Inc., 116 USPQ2d 1348, 1351 (TTAB 2015) (holding SMART SERIES merely descriptive of metal gun safes); In re King Koil Licensing Co., 79 USPQ2d 1048, 1052 (TTAB 2006) (holding THE BREATHABLE MATTRESS merely descriptive of beds, mattresses, box springs, and pillows).

Only where the combination of descriptive terms creates a unitary mark with a unique, incongruous, or otherwise nondescriptive meaning in relation to the goods and/or services is the combined mark registrable. See In re Colonial Stores, Inc., 394 F.2d 549, 551, 157 USPQ 382, 384 (C.C.P.A. 1968); In re Positec Grp. Ltd., 108 USPQ2d 1161, 1162-63 (TTAB 2013).

In this case, both the individual components and the composite result are descriptive of applicant’s services and do not create a unique, incongruous, or nondescriptive meaning in relation to the goods and/or services. Specifically, the term IDEALSPOT conveys the same descriptive significance—a physical spot which is ideal for establishment of a particular business .

In re Petroglyph Games, Inc., 91 USPQ2d 1332, 1341 (TTAB 2009) (holding BATTLECAM merely descriptive of computer game software with a feature that involve battles and provides the player with the option to utilize various views of the battlefield); In re Cox Enters., 82 USPQ2d 1040, 1043 (TTAB 2007) (holding THEATL merely descriptive of publications featuring news and information about Atlanta where THEATL was the equivalent of the nickname THE ATL for the city of Atlanta); In re Tower Tech, Inc., 64 USPQ2d 1314, 1317-18 (TTAB 2002) (holding SMARTTOWER merely descriptive of highly automated cooling towers); In re Sun Microsystems, Inc., 59 USPQ2d 1084, 1085 (TTAB 2001) (holding AGENTBEANS merely descriptive of computer software for use in developing and deploying application programs on a global computer network).

For these reasons, registration on the Principal Register is refused under the provisions of Section 2 (e )(1) of the Trademark Act.

Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration.

Since the term is now used in commerce with the identified services, an alternate method of registration is suggested:

Supplemental Register:

The applied-for mark has been refused registration on the Principal Register. Applicant may respond to the refusal by submitting evidence and arguments in support of registration and/or by amending the application to seek registration on the Supplemental Register. See 15 U.S.C. §1091; 37 C.F.R. §§2.47, 2.75(a); TMEP §§801.02(b), 816. Amending to the Supplemental Register does not preclude applicant from submitting evidence and arguments against the refusal(s). TMEP §816.04.

Prior Filed Application May Bar Registration of Applicant’s Mark:

To: Sullivan Lavin Associates, LLC ([email protected]) Subject: U.S. TRADEMARK APPLICATION NO. 86145766 - THE IDEAL PLAN - N/A Sent: 4/1/2014 12:17:17 PM Sent As: [email protected] Attachments: Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

U.S. APPLICATION SERIAL NO. 86145766

MARK: THE IDEAL PLAN *86145766* CORRESPONDENT ADDRESS: SULLIVAN LAVIN ASSOCIATES, LLC CLICK HERE TO RESPOND TO THIS LETTER: SULLIVAN LAVIN ASSOCIATES, LLC http://www.uspto.gov/trademarks/teas/response_forms.jsp 220 NEWPORT CENTER DR # 11-295 NEWPORT BEACH, CA 92660-7506

APPLICANT: Sullivan Lavin Associates, LLC

CORRESPONDENT’S REFERENCE/DOCKET NO : N/A CORRESPONDENT E-MAIL ADDRESS: [email protected]

OFFICE ACTION

ISSUE/MAILING DATE: 4/1/2014

Summary of Issues that Applicant Must Address

• Refusal under Section 2(e)(1) • Prior Pending Application • Advisory – Supplemental Register/Disclaimer Exhibit B-9 Refusal under Section 2(e)(1) – Primarily Merely Descriptive

Registration is refused because the applied-for mark merely describes the 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. The applicant applied to register the mark THE IDEAL PLAN for, “Business consulting, management, planning and supervision.” The proposed mark merely corresponds to wording which is not arbitrary, but bears a logical relationship to the goods/services provided by the applicant. The term IDEAL is defined as “Satisfying one’s conception of what is perfect; most suitable.” The term PLAN is defined as “A scheme for the regular payment of contributions toward a pension, savings account, or insurance policy.” Please see attached definition(s)/article(s) obtained from the Internet on March 31, 2014. The term IDEAL is laudatory. “ Marks that are merely laudatory and descriptive of the alleged merit of a product [or service] are . . . regarded as being descriptive” because “[s]elf-laudatory or puffing marks are regarded as a condensed form of describing the character or quality of the goods [or services].” DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1256, 103 USPQ2d 1753, 1759 (Fed. Cir. 2012) (quoting In re The Boston Beer Co., 198 F.3d 1370, 1373, 53 USPQ2d 1056, 1058 (Fed. Cir. 1999)); see In re Nett Designs, Inc., 236 F.3d 1339, 1342, 57 USPQ2d 1564, 1566 (Fed. Cir. 2001) (holding THE ULTIMATE BIKE RACK merely laudatory and descriptive of applicant’s bicycle racks being of superior quality); In re The Boston Beer Co., 198 F.3d at 1373-74, 53 USPQ2d at 1058-59 (holding THE BEST BEER IN AMERICA merely laudatory and descriptive of applicant’s beer and ale being of superior quality); TMEP §1209.03(k). In fact, “puffing, if anything, is more likely to render a mark merely descriptive, not less so.” DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d at 1256, 103 USPQ2d at 1759.

In re Duvernoy & Sons, Inc., 212 F.2d 202, 204, 101 USPQ 288, 289 (C.C.P.A. 1954) (holding CONSISTENTLY SUPERIOR merely laudatory and descriptive of applicant’s bakery products always being of superior quality); In re The Place, Inc., 76 USPQ2d 1467, 1468 (TTAB 2006) (holding THE GREATEST BAR merely laudatory and descriptive of applicant’s restaurant being markedly superior in character or quality to other restaurants and bars); In re Dos Padres, Inc., 49 USPQ2d 1860, 1862 (TTAB 1998) (holding QUESO QUESADILLA SUPREME merely laudatory and descriptive of applicant’s cheese being of superior quality); In re Inter-State Oil Co., 219 USPQ 1229, 1230 (TTAB 1983) (holding PREFERRED merely laudatory and descriptive of applicant’s bird and squirrel repellant being liked better than other similar products).

The wording THE IDEAL PLAN is merely descriptive of the applicant’s goods/services, namely, providing business consulting and management concerning tax benefits plans that are advertised as perfect or ideal for it customers. The mark immediately names the exact nature of the goods/services and does nothing else. Accordingly, the mark is refused registration on the Principal Register under Section 2 (e) (1).

Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration.

Applicant must respond to the requirement(s) set forth below.

Prior Pending Application

The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no similar registered mark that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d). However, a mark in a prior-filed pending application may present a bar to registration of applicant’s mark.

The filing date of pending U.S. Application Serial No. 85854535 precedes applicant’s filing date. See attached referenced application. If the mark in the referenced application registers, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion between the two marks. See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq. Therefore, upon receipt of applicant’s response to this Office action, action on this application may be suspended pending final disposition of the earlier-filed referenced application.

In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.

Advisory – Supplemental Register/Disclaimer

The applied-for mark has been refused registration on the Principal Register. Applicant may respond by submitting evidence and arguments against the refusal. In addition, applicant may respond by doing one of the following: (1) amending the application to seek registration under Trademark Act Section 2(f), or (2) amending the application to seek registration on the Supplemental Register. See 15 U.S.C. §§1052(f), 1091.

Applicant can amend its application to seek registration on the Principal Register based on a claim of acquired distinctiveness by (1) submitting actual evidence that the mark has acquired distinctiveness of applicant’s goods and/or services, (2) claiming ownership of a prior U.S. registration for the same mark and the same or related goods and/or services, or (3) providing the following verified statement: “ The mark has become distinctive of the goods and/or services through applicant’s substantially exclusive and continuous use in commerce for at least five years immediately before the date of this statement.” See 15 U.S.C. §1052(f); 37 C.F.R. §2.41; TMEP §§1212 et seq.

To amend the application to the Supplemental Register, applicant must request such an amendment. TMEP §816.01; see 15 U.S.C. §1091; 37

To: AmeriGlide, Inc. ([email protected]) Subject: U.S. TRADEMARK APPLICATION NO. 87195948 - THE IDEAL SLEEP CHAIR - N/A Sent: 1/19/2017 3:33:57 PM Sent As: [email protected] Attachments: Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

U.S. APPLICATION SERIAL NO. 87195948

MARK: THE IDEAL SLEEP CHAIR *87195948* CORRESPONDENT ADDRESS: AMERIGLIDE, INC. CLICK HERE TO RESPOND TO THIS LETTER: AMERIGLIDE, INC. http://www.uspto.gov/trademarks/teas/response_forms.jsp 3901 COMMERCE PARK DRIVE 3901 COMMERCE PARK DRIVE VIEW YOUR APPLICATION FILE RALEIGH, NC 27610 APPLICANT: AmeriGlide, Inc.

CORRESPONDENT’S REFERENCE/DOCKET NO : N/A CORRESPONDENT E-MAIL ADDRESS: [email protected]

OFFICE ACTION

ISSUE/MAILING DATE: 1/19/2017

SUMMARY OF ISSUES: • Section 2(e)(1) Refusal – Merely Descriptive • Advisory of Prior-Filed Application

SECTION 2(e)(1) REFUSAL – MERELY DESCRIPTIVE

Registration is refused because the applied-for mark merely describes a feature, characteristic, and purpose of applicant’s goods. Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq. Exhibit B-10 Applicant’s mark is THE IDEAL SLEEP CHAIR for “Recliners; Reclining armchairs; Reclining chairs ” in Class 20.

A mark is merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose, or use of an applicant’s 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 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 Digital Research Inc., 4 USPQ2d 1242, 1243-44 (TTAB 1987) (finding CONCURRENT PC-DOS and CONCURRENT DOS merely descriptive of “computer programs recorded on disk” where the relevant trade used the denomination “concurrent” as a descriptor of a particular type of operating system).

Here, applicant’s goods are recliners and reclining chairs. Competitors commonly use the term “sleep chair” to describe their recliners. See the attached web pages for The Perfect Sleep Chair, La-Z-Boy Sleep Chair, Reliance Sleeper Lift Chair, and Med Mart Sleep Chair. Specifically, Med Mart states, “This chair is a recliner” which is “the perfect sleep chair.” See http://medmartonline.com/queen-city-sleep- chair. Additionally, there is a reclining sleeper chair industry in the U.S., evidencing that there are many sources of these goods and that “sleep chair” is a term commonly used in the industry to describe recliners that can be adjusted to allow for sleep. See http://www.acutemarketreports.com/report/united-states-reclining-sleeper-chair-industry-2016-market-research-report.

“Marks that are merely laudatory and descriptive of the alleged merit of a product [or service] are . . . regarded as being descriptive” because “[s]elf-laudatory or puffing marks are regarded as a condensed form of describing the character or quality of the goods [or services].” DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1256, 103 USPQ2d 1753, 1759 (Fed. Cir. 2012) (quoting In re The Boston Beer Co., 198 F.3d 1370, 1373, 53 USPQ2d 1056, 1058 (Fed. Cir. 1999)); see In re Nett Designs, Inc., 236 F.3d 1339, 1342, 57 USPQ2d 1564, 1566 (Fed. Cir. 2001) (holding THE ULTIMATE BIKE RACK merely laudatory and descriptive of applicant’s bicycle racks being of superior quality); In re Dos Padres, Inc., 49 USPQ2d 1860, 1862 (TTAB 1998) (holding QUESO QUESADILLA SUPREME merely laudatory and descriptive of applicant’s cheese being of superior quality); In re Inter-State Oil Co., 219 USPQ 1229, 1230 (TTAB 1983) (holding PREFERRED merely laudatory and descriptive of applicant’s bird and squirrel repellant being liked better than other similar products) ; TMEP §1209.03(k). In fact, “puffing, if anything, is more likely to render a mark merely descriptive, not less so.” DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d at 1256, 103 USPQ2d at 1759.

“IDEAL” is defined as “one that is regarded as a standard model of perfection or excellence.” See https://www.ahdictionary.com/word/search.html?q=ideal. In this case, applicant implies that its sleep chair is absolute perfection and excellent, which describes a feature and quality of the goods.

Thus, the mark, THE IDEAL SLEEP CHAIR, describes a feature, quality, characteristic, and purpose of applicant’s goods.

Although applicant’s mark has been refused registration, applicant may respond to the refusal by submitting evidence and arguments in support of registration. In addition, applicant should note the following advisory.

PRIOR-FILED APPLICATION

The filing date of pending U.S. Application Serial No. 87115168 precedes applicant’s filing date. See attached referenced application. If the mark in the referenced application registers, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion between the two marks. See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq. Therefore, upon receipt of applicant’s response to this Office action, action on this application may be suspended pending final disposition of the earlier-filed referenced application.

RESPONSE GUIDELINES

For this application to proceed further, applicant must explicitly address each refusal and requirement raised in this Office action. If the action includes a refusal, applicant may provide arguments and/or evidence as to why the refusal should be withdrawn and the mark should register. Applicant may also have other options specified in this Office action for responding to a refusal and should consider those options carefully. To respond to requirements and certain refusal response options, applicant should set forth in writing the required changes or statements. For more information and general tips on responding to USPTO Office actions, response options, and how to file a response online, see “ Responding to Office Actions” on the USPTO’s website.

To: Industrias Lecheras de Puerto Rico, Inc. ([email protected]) Subject: U.S. TRADEMARK APPLICATION NO. 85065330 - IDEAL SELECT BLENDS - N/A Sent: 9/27/10 8:57:24 AM Sent As: [email protected] Attachments: Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

APPLICATION SERIAL NO. 85065330

MARK: IDEAL SELECT BLENDS *85065330* CORRESPONDENT ADDRESS: VANESSA MEDINA-ROMERO CLICK HERE TO RESPOND TO THIS LETTER: MARICHAL & HERNANDEZ PSC http://www.uspto.gov/teas/eTEASpageD.htm BOLIVIA 33 ST. SUITE 301 SAN JUAN, PR 00917

APPLICANT: Industrias Lecheras de Puerto Rico, Inc.

CORRESPONDENT’S REFERENCE/DOCKET NO : N/A CORRESPONDENT E-MAIL ADDRESS: [email protected]

OFFICE ACTION

ISSUE/MAILING DATE: 9/27/2010

TEAS PLUS APPLICANTS MUST SUBMIT DOCUMENTS ELECTRONICALLY OR SUBMIT FEE: Applicants who filed their application online using the reduced-fee TEAS Plus application must continue to submit certain documents online using TEAS, including responses to Office actions. See 37 C.F.R. §2.23(a)(1). For a complete list of these documents, see TMEP §819.02(b). In addition, such applicants must accept correspondence from the Office via e-mail throughout the examination process and must maintain a valid e-mail address. 37 C.F.R. §2.23(a)(2); TMEP §§819, 819.02(a). TEAS Plus applicants who do not meet these requirements must submit an additional fee of $50 per international class of goods and/or services. 37 C.F.R. §2.6(a)(1)(iv); TMEP §819.04. In appropriate situations and where all issues can be resolved by amendment, responding by telephone to authorize an examiner’s amendment will not incur this additional fee.

Disclaimer Applicant must disclaim the descriptive wording “IDEAL SELECT BLENDS” apart from the mark as shown because it merely describes the nature of the goods and the quality of those goods. See 15 U.S.C. §1056(a); TMEP §§1213, 1213.03(a). Exhibit B-11 IDEAL is defined as, “the best: serving as the best or most perfect example.” SELECT is defined as, “of good quality: chosen on grounds of particularly high quality,” and a BLEND is defined as, “a mixture: something formed by using together two or more things of different types; a food or drink mixture: a food or beverage created by mixing different types of the same substance.” The applicant’s goods are, “dried milk powder; milk based beverages containing fruit juice; milk powder; fruit drinks; fruit drinks and juices.” In other words, the applicant’s goods are the best or IDEAL SELECT fruit mixtures or BLENDS. As such, IDEAL SELECT BLENDS describes the nature of the goods and the quality of those goods. Please see the attached definitions from the Encarta World English Dictionary, North American Edition (http://encarta.msn.com/).

A “disclaimer” is a statement that applicant does not claim exclusive rights to an unregistrable component of a mark; it does not affect the appearance of the mark. TMEP §1213. An unregistrable component of a mark includes wording and designs that are merely descriptive of the goods and/or services, and is wording or an illustration that others would need to use to describe or show their goods and services in the marketplace. 15 U.S.C. §1052(e); see TMEP §§1209.03(f), 1212.02(a), 1213.03 et seq.

The computerized printing format for the Office’s Trademark Official Gazette requires a standardized format for a disclaimer. TMEP §1213.08(a)(i). The following is the standard format used by the Office:

No claim is made to the exclusive right to use “IDEAL SELECT BLENDS” apart from the mark as shown.

TMEP §1213.08(a)(i); see In re Owatonna Tool Co., 231 USPQ 493 (Comm’r Pats. 1983).

Search Results The Office records have been searched and there are no similar registered or pending marks that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.

/Inga Ervin/ Trademark Examining Attorney United States Patent & Trademark Office Law Office 111 571 272-9379

TO RESPOND TO THIS LETTER: Use the Trademark Electronic Application System (TEAS) response form at http://teasroa.uspto.gov/roa/. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application. For technical assistance with online forms, e-mail [email protected].

WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.

PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using Trademark Applications and Registrations Retrieval (TARR) at http://tarr.uspto.gov/. Please keep a copy of the complete TARR screen. If TARR shows no change for more than six months, call 1-800-786-9199. For more information on checking status, see http://www.uspto.gov/trademarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.uspto.gov/teas/eTEASpageE.htm.

To: Timothy Ward ([email protected]) Subject: U.S. TRADEMARK APPLICATION NO. 85851318 - IDEAL SOIL - N/A Sent: 6/10/2013 12:47:21 PM Sent As: [email protected] Attachments: Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 Attachment - 17 Attachment - 18 Attachment - 19 Attachment - 20 Attachment - 21 Attachment - 22 Attachment - 23

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

U.S. APPLICATION SERIAL NO. 85851318

MARK: IDEAL SOIL *85851318* CORRESPONDENT ADDRESS: BRIAN J.X. MURPHY CLICK HERE TO RESPOND TO THIS LETTER: 234 LAFAYETTE RD http://www.uspto.gov/trademarks/teas/response_forms.jsp HAMPTON, NH 03842-4105

APPLICANT: Timothy Ward

CORRESPONDENT’S REFERENCE/DOCKET NO: N/A CORRESPONDENT E-MAIL ADDRESS: [email protected]

OFFICE ACTION Exhibit B-12 STRICT DEADLINE TO RESPOND TO THIS LETTER TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.

ISSUE/MAILING DATE: 6/10/2013

SEARCH OF OFFICE’S DATABASE OF MARKS

SECTION 2(e)(1) REFUSAL – MERELY DESCRIPTIVE

Registration is refused because the applied-for mark merely describes a quality of applicant’s goods. Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq.

The applied-for mark is IDEAL SOIL, for planting soil and soil improving preparations. A mark is merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose or use of the specified goods. TMEP §1209.01(b); see In re Steelbuilding.com, 415 F.3d 1293, 1297, 75 USPQ2d 1420, 1421 (Fed. Cir. 2005); In re Gyulay, 820 F.2d 1216, 1217-18, 3 USPQ2d 1009, 1010 (Fed. Cir. 1987). In this case, the applied-for mark is descriptive because it is laudatory and describes a quality of the goods – the applicant’s soil is the ideal soil for planting.

A laudatory term attributes quality or excellence to an applicant’s goods, and as such, these terms are descriptive under Trademark Act §2(e)(1). “ Marks that are merely laudatory and descriptive of the alleged merit of a product [or service] are . . . regarded as being descriptive” because “[s]elf-laudatory or puffing marks are regarded as a condensed form of describing the character or quality of the goods [or services].” DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1256, 103 USPQ2d 1753, 1759 (Fed. Cir. 2012) (quoting In re The Boston Beer Co., 198 F.3d 1370, 1373, 53 USPQ2d 1056, 1058 (Fed. Cir. 1999)); see In re Nett Designs, Inc., 236 F.3d 1339, 1342, 57 USPQ2d 1564, 1566 (Fed. Cir. 2001) (holding THE ULTIMATE BIKE RACK merely laudatory and descriptive of applicant’s bicycle racks being of superior quality); In re The Boston Beer Co., 198 F.3d at 1373-74, 53 USPQ2d at 1058-59 (holding THE BEST BEER IN AMERICA merely laudatory and descriptive of applicant’s beer and ale being of superior quality); TMEP §1209.03(k). In fact, “puffing, if anything, is more likely to render a mark merely descriptive, not less so.” DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d at 1256, 103 USPQ2d at 1759. In re Duvernoy & Sons, Inc., 212 F.2d 202, 204, 101 USPQ 288, 289 (C.C.P.A. 1954) (holding CONSISTENTLY SUPERIOR merely laudatory and descriptive of applicant’s bakery products always being of superior quality); In re Dos Padres, Inc., 49 USPQ2d 1860, 1862 (TTAB 1998) (holding QUESO QUESADILLA SUPREME merely laudatory and descriptive of applicant’s cheese being of superior quality); In re Inter-State Oil Co., 219 USPQ 1229, 1230 (TTAB 1983) (holding PREFERRED merely laudatory and descriptive of applicant’s bird and squirrel repellant being liked better than other similar products).

As the enclosed definitions show, “ideal” means “considered the best of its kind” and “conforming to an ultimate form or standard of perfection or excellence.” When combined with the generic word “soil,” this identifies a feature of the applicant’s goods – it is the best soil for the job. As the enclosed evidence shows, “ideal soil” is something that is sought out. The applicant’s specimens reinforce the laudatory and descriptive meaning of the mark. The specimen states:

“We have linked over 30 specific components to an IDEAL SOIL balance… IDEAL SOIL allows your plant to thrive beyond any level of vitality most gardeners have ever witnessed. It is far superior than anything in the bagged soil marketplace.”

“IDEAL SOIL is the first AND ONLY brand available in the marketplace that provides growers with an IDEAL SOIL designed around 30 functioning systems to bring high levels changes to any grow operation.”

Applicant’s soil is far superior – it is the ideal soil. Because the mark is laudatory, it is descriptive and registration is refused.

Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration.

Applicant must respond to the requirement(s) set forth below.

SPECIMEN REQUIRED

To: Industria Lechera de Puerto Rico, Inc. ([email protected]) Subject: U.S. TRADEMARK APPLICATION NO. 85197045 - INDULAC IDEAL PARA FREIR QUESO DEL - N/A Sent: 3/23/2011 1:47:43 PM Sent As: [email protected] Attachments: Attachment - 1 Attachment - 2 Attachment - 3

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

APPLICATION SERIAL NO. 85197045

MARK: INDULAC IDEAL PARA FREIR QUESO DEL *85197045* CORRESPONDENT ADDRESS: MARÍA D. TRELLES-HERNANDEZ CLICK HERE TO RESPOND TO THIS LETTER: PIETRANTONI MENDEZ & ALVAREZ LLP http://www.uspto.gov/teas/eTEASpageD.htm BANCO POPULAR CENTER 209 MUNOZ RIVERA AVE, SUITE 1901 SAN JUAN, PR 00918 APPLICANT: Industria Lechera de Puerto Rico, Inc.

CORRESPONDENT’S REFERENCE/DOCKET NO : N/A CORRESPONDENT E-MAIL ADDRESS: [email protected]

OFFICE ACTION

ISSUE/MAILING DATE: 3/23/2011

The Office records have been searched and there are no similar registered or pending marks that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.

ENGLISH TRANSLATION REQUIRED FOR ALL FOREIGN WORDING

Applicant must submit an English translation of all foreign wording in the mark. 37 C.F.R. §2.32(a)(9); see TMEP §809. In the present case, the wording “IDEAL PARA FREIR” requires translation.

The following translation statement is suggested: “The English translation of IDEAL PARA FREIR in the mark is IDEAL FOR FRYING.” TMEP §809.03. Exhibit B-13 DISCLAIMER Applicant must disclaim the descriptive wording “IDEAL PARA FREIR and QUESO DEL PAIS WHITE CHEESE/LATIN STYLE” apart from the mark as shown because its translation merely describes an ingredient, quality, characteristic, function, feature, purpose or use of applicant’s goods. See 15 U.S.C. §§1052(e)(1), 1056(a); In re Steelbuilding.com, 415 F.3d 1293, 1297, 75 USPQ2d 1420, 1421 (Fed. Cir. 2005); In re Gyulay, 820 F.2d 1216, 1217-18, 3 USPQ2d 1009, 1010 (Fed. Cir. 1987); TMEP §§1213, 1213.03(a).

Specifically, the attached evidence shows this wording is commonly used in connection with applicant’s type of goods to mean white, local cheese that is good for frying. Therefore, the wording merely describes the nature of and a feature of the goods.

The English translation of non-English wording that is descriptive is an unregistrable component of the mark. TMEP §1213.08(d); see Bausch & Lomb Optical Co. v. Overseas Fin. & Trading Co., 112 USPQ 6, 8 (Comm’r Pats. 1956). Therefore, it is subject to a proper disclaimer requirement in the same way that the English version of such wording would be subject to a disclaimer. See TMEP §§1213.03(a), 1213.08(d).

The format for the disclaimer statement must refer to the actual non-English wording that appears in the mark, not the English translation of that wording. TMEP §1213.08(d). A properly worded disclaimer would thus read as follows:

No claim is made to the exclusive right to use “IDEAL PARA FREIR and QUESO DEL PAIS WHITE CHEESE/LATIN STYLE” apart from the mark as shown.

See TMEP §1213.08(a)(i).

New Drawing Applicant must submit a new drawing with all extraneous material deleted because it is not part of the mark. See TMEP §§807.02, 807.14(a). Specifically, everything below the wording “White Cheese/Latin Style” must be deleted as informational and not part of the mark.

New Description and Color Claim The color(s) black, blue, yellow, red, and white is/are claimed as a feature of the mark.

The description of the mark is accurate but incomplete because it does not describe all the significant aspects of the applied-for mark. Applications for marks not in standard characters must include an accurate and concise description of the entire mark that identifies literal elements as well as any design elements. See 37 C.F.R. §2.37; TMEP §§808 et seq.

Therefore, applicant must provide a more complete description of the applied-for mark. The following is suggested:

The mark consists of the wording “Ideal Para Freir” in red capital letters on a yellow banner outlined in light blue, to the left of the word “Indulac” in dark blue stylized letters over a light blue semi-circular background design with three daisies on top with white petals and yellow interior outlined in black, underneath the phrase in caps and red letters "Queso del Pais" and immediately underneath that the black phrase "white cheese/ latin style," over a yellow rectangular background.

Claimed Registrations Will Not be Printed Applicant’s claim of ownership of U.S. Registration Nos. 0799208 and 1809376 will not be printed on any registration which may issue from this application because Office records show that the claimed registrations are expired. Only claims of ownership of active registrations are printed. See 37 C.F.R. §2.36; TMEP §812.

/Ann Sappenfield/ Trademark Examining Attorney Law Office 117 (571) 272-9215

TO RESPOND TO THIS LETTER: Go to http://www.uspto.gov/teas/eTEASpageD.htm. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application. For technical assistance with online forms, e-mail [email protected]. For questions about the Office action itself, please contact the assigned examining attorney. Do not respond to this Office action by e-mail; the USPTO does not accept e-mailed responses.

Table 1. Detailed Languages Spoken at Home and Ability to Speak English for the Population 5 Years and Over for United States: 2009-2013 Release Date: October 2015

Speak English Number of less than "Very speakers1 Margin of Error2 Well"1 Margin of Error2 .Population 5 years and over 291,484,482 3,346 25,148,900 63,553 Speak only English at home 231,122,908 108,816 (X) (X)

Speak a language other than English at home 60,361,574 107,227 25,148,900 63,553

SPANISH AND SPANISH CREOLE 37,458,624 64,494 16,344,473 40,610 ..Spanish 37,458,470 64,494 16,344,440 40,610 ..Ladino 130 62 25 23 ..Pachuco (D) (D) (D) (D)

OTHER INDO-EUROPEAN LANGUAGES 10,737,607 37,771 3,424,558 22,396 .French (incl. Patois, Cajun) 1,307,742 10,490 266,120 4,546 ..French 1,253,560 10,278 258,730 4,421 ..Patois 32,900 1,658 4,695 558 ..Cajun 21,285 1,152 2,695 344 .French Creole 739,725 11,244 323,689 6,652 .Italian 708,966 7,910 191,724 3,380 .Portuguese (incl. Portuguese Creole) 693,469 9,721 269,805 5,692 ..Portuguese 692,500 9,692 269,615 5,681 ..Papia Mentae 970 244 190 98 .German (incl. Luxembourgian) 1,063,773 9,107 174,758 2,680 ..German 1,063,275 9,084 174,735 2,679 ..Luxembourgian 500 160 25 23 .Yiddish 155,582 4,119 53,116 2,156 .Other West Germanic languages 298,287 5,640 71,112 2,264 ..Pennsylvania Dutch 133,190 4,050 44,075 1,856 ..Dutch 141,580 3,609 25,030 1,466 ..Afrikaans 23,010 1,525 1,885 318 ..Frisian 510 171 120 65 .Scandinavian languages 128,339 3,694 13,312 901 ..Swedish 55,735 2,458 5,045 494 ..Danish 28,285 1,453 3,030 479 ..Norwegian 39,430 1,684 4,675 483 ..Icelandic 4,865 552 565 161 ..Faroese 30 32 (B) -- .Greek 304,932 5,423 75,799 2,576 .Russian 879,434 11,909 416,526 6,732 .Polish 580,153 7,412 235,241 3,866 .Serbo-Croatian languages 267,979 7,071 103,432 3,261 ..Serbocroatian 144,675 5,055 62,965 2,703 ..Croatian 53,040 2,104 15,930 1,057 ..Serbian 70,260 3,323 24,540 1,549 .Other Slavic languages 316,501 6,944 120,594 3,743 ..Bielorussian 1,805 410 1,035 261 ..Ukrainian 152,325 4,959 71,915 2,753

United States Page: 1 of Pages: 9 Exhibit C Speak English Number of less than "Very speakers1 Margin of Error2 Well"1 Margin of Error2 ..Czech 47,385 2,026 11,235 977 ..Lusatian (D) (D) (B) -- ..Slovak 27,930 1,486 7,125 749 ..Bulgarian 57,785 2,567 19,455 1,382 ..Macedonian 22,885 1,707 8,125 789 ..Slovene 6,370 622 1,705 285 .Armenian 237,840 5,378 106,794 2,839 .Persian 391,113 7,265 144,876 3,812 .Hindi 643,337 9,342 132,631 3,943 .Gujarati 373,253 7,314 132,572 4,200 .Urdu 397,502 9,850 116,566 3,583 .Other Indic languages 800,364 11,771 315,196 6,256 ..India n.e.c.3 61,385 3,120 20,575 1,553 ..Bengali 257,740 5,364 105,180 2,827 ..Panjabi 253,740 7,521 104,750 3,479 ..Marathi 73,630 3,164 10,525 1,018 ..Bihari 595 305 260 258 ..Rajasthani 715 420 215 142 ..Oriya 5,385 610 910 259 ..Assamese 1,305 322 100 57 ..Kashmiri 1,775 490 285 152 ..Nepali 94,220 4,413 56,650 3,282 ..Sindhi 8,965 1,125 1,775 370 ..Pakistan n.e.c.3 12,605 1,511 5,145 765 ..Sinhalese 26,745 1,927 8,350 989 ..Romany 1,555 457 480 226 .Other Indo-European languages 449,316 8,375 160,695 3,825 ..Jamaican Creole 21,965 1,558 5,965 794 ..Krio 10,560 1,240 2,820 718 ..Hawaiian Pidgin 365 210 30 25 ..Pidgin 4,445 636 1,100 352 ..Gullah 385 143 150 82 ..Saramacca 35 42 (B) -- ..Catalonian 2,325 375 500 153 ..Romanian 154,625 4,288 55,550 2,123 ..Rhaeto-Romanic (D) (D) (B) -- ..Welsh 2,235 318 235 97 ..Irish Gaelic 20,590 1,291 2,505 384 ..Scottic Gaelic 1,635 264 190 125 ..Albanian 133,870 5,513 58,820 2,710 ..Lithuanian 39,790 2,080 12,370 1,070 ..Latvian 16,035 966 3,300 465 ..Pashto 22,760 2,595 9,840 1,320 ..Kurdish 17,020 1,830 6,870 740 ..Balochi 185 182 85 96 ..Tadzhik 435 347 350 270 ..Ossete 50 48 (D) (D)

ASIAN AND PACIFIC ISLAND LANGUAGES 9,539,099 23,440 4,570,035 17,435

United States Page: 2 of Pages: 9 Speak English Number of less than "Very speakers1 Margin of Error2 Well"1 Margin of Error2 .Chinese (incl. Cantonese, Mandarin, other Chinese languages4) 2,896,766 13,255 1,600,886 8,527 ..Chinese 1,867,485 13,875 1,054,885 8,578 ..Hakka 1,350 307 840 263 ..Kan, Hsiang 50 65 (D) (D) ..Cantonese 458,840 6,487 257,625 4,433 ..Mandarin 487,250 7,953 240,810 5,571 ..Fuchow 1,450 455 1,175 418 ..Formosan 77,675 2,687 44,140 1,939 ..Wu 2,670 466 1,375 287 .Japanese 449,475 7,214 194,436 4,164 .Korean 1,117,343 11,453 617,905 7,120 .Mon-Khmer, Cambodian 212,167 6,281 109,633 4,140 .Hmong 214,943 5,719 92,861 3,459 .Thai 152,649 4,111 79,746 2,794 .Laotian 152,647 4,370 75,885 2,526 .Vietnamese 1,399,936 14,387 839,237 8,589 .Other Asian languages 908,314 10,777 282,138 5,947 ..Karakalpak (D) (D) (B) -- ..Kazakh 1,480 382 750 254 ..Kirghiz 550 243 305 188 ..Karachay 420 196 140 100 ..Uighur 8,905 1,288 5,895 886 ..Azerbaijani 2,085 596 1,025 364 ..Turkish 116,515 3,904 43,495 2,084 ..Turkmen 205 113 75 51 ..Mongolian 10,180 1,208 5,430 763 ..Tungus 235 149 120 104 ..Dravidian 1,150 356 160 131 ..Gondi 1,470 424 270 137 ..Telugu 247,760 5,508 51,635 2,104 ..Kannada 48,620 2,191 7,425 967 ..Malayalam 146,310 4,254 41,535 1,840 ..Tamil 190,685 4,415 33,885 1,935 ..Munda 2,030 504 235 134 ..Burushaski 95 122 (D) (D) ..Tibetan 16,730 1,571 9,735 1,072 ..Burmese 62,645 3,308 44,530 2,657 ..Karen 30,185 2,426 26,440 2,238 ..Kachin 520 280 415 241 ..Mien 19,010 2,201 8,220 1,066 ..Paleo-siberian 530 329 385 274 .Tagalog 1,613,346 13,019 516,522 6,649 .Other Pacific Island languages 421,513 6,555 160,786 3,972 ..Indonesian 67,410 3,220 29,400 1,702 ..Achinese (D) (D) (D) (D) ..Balinese 795 437 160 136 ..Cham 1,050 403 500 234 ..Javanese 495 250 135 104 ..Malagasy 720 231 225 101

United States Page: 3 of Pages: 9 Speak English Number of less than "Very speakers1 Margin of Error2 Well"1 Margin of Error2 ..Malay 14,580 1,285 4,910 618 ..Minangkabau 15 21 (D) (D) ..Sundanese 35 39 35 39 ..Bisayan 29,800 1,858 11,505 1,134 ..Sebuano 15,700 1,364 4,935 620 ..Pangasinan 2,265 504 1,115 338 ..Ilocano 85,755 3,320 47,250 2,472 ..Bikol 695 213 200 95 ..Pampangan 5,620 750 2,460 474 ..Micronesian 7,830 1,409 3,435 777 ..Carolinian 945 389 545 310 ..Chamorro 19,780 1,473 3,195 443 ..Gilbertese 170 104 85 70 ..Kusaiean 1,165 467 445 218 ..Marshallese 18,485 1,838 9,545 1,069 ..Mokilese 500 250 190 141 ..Mortlockese (D) (D) (D) (D) ..Nauruan (D) (D) (D) (D) ..Palau 4,140 704 1,290 340 ..Ponapean 3,525 809 1,495 401 ..Trukese 8,790 1,146 5,200 867 ..Ulithean 40 41 (D) (D) ..Woleai-Ulithi 140 142 (D) (D) ..Yapese 720 266 350 178 ..Melanesian 1,305 338 295 154 ..Polynesian 435 166 160 83 ..Samoan 64,135 2,669 16,905 1,277 ..Tongan 31,440 2,677 8,855 968 ..Niuean (D) (D) (B) -- ..Tokelauan 125 91 (D) (D) ..Fijian 5,755 884 1,360 377 ..Marquesan 135 85 (B) -- ..Rarotongan 95 87 (B) -- ..Maori 460 235 145 139 ..Nukuoro 210 143 85 89 ..Hawaiian 26,205 1,599 4,280 647

ALL OTHER LANGUAGES 2,626,244 22,243 809,834 8,898 .Navajo 166,826 2,493 35,250 1,340 .Other Native North American languages 197,505 3,118 29,548 1,198 ..Aleut 995 184 170 81 ..Pacific Gulf Yupik 70 51 (B) -- ..Eskimo 1,270 250 265 77 ..Inupik 6,740 417 1,365 192 ..St. Lawrence Island Yupik 1,070 124 285 54 ..Yupik 19,750 897 5,930 421 ..Algonquian 1,030 323 265 193 ..Arapaho 1,065 223 50 27 ..Atsina 55 48 (B) --

United States Page: 4 of Pages: 9 Speak English Number of less than "Very speakers1 Margin of Error2 Well"1 Margin of Error2 ..Blackfoot 1,450 231 65 42 ..Cheyenne 1,920 347 175 88 ..Cree 870 231 190 117 ..Delaware 240 109 60 71 ..Fox 400 119 75 36 ..Kickapoo 820 189 220 84 ..Menomini 405 152 85 57 ..French Cree 170 125 120 120 ..Miami 115 130 55 103 ..Micmac 205 71 40 39 ..Ojibwa 9,735 659 1,110 247 ..Ottawa 965 315 155 97 ..Passamaquoddy 845 130 55 27 ..Penobscot 75 41 (D) (D) ..Abnaki 55 31 (D) (D) ..Potawatomi 985 196 60 37 ..Shawnee 255 134 (D) (D) ..Yurok 350 110 25 25 ..Kutenai 215 151 (D) (D) ..Makah 150 108 80 87 ..Kwakiutl 175 103 (D) (D) ..Nootka (D) (D) (B) -- ..Upper Chehalis 4 8 (D) (D) ..Clallam 145 94 (D) (D) ..Coeur d'Alene 95 59 (B) -- ..Columbia (D) (D) (B) -- ..Salish 1,350 252 100 49 ..Okanogan 230 152 110 100 ..Puget Sound Salish 215 92 (D) (D) ..Quinault 145 89 (D) (D) ..Tillamook (D) (D) (B) -- ..Twana (D) (D) (D) (D) ..Haida 180 103 (D) (D) ..Athapascan 1,265 172 170 44 ..Ahtena 45 33 (D) (D) ..Han 60 91 40 60 ..Ingalit 15 12 (D) (D) ..Koyukon 65 43 (D) (D) ..Kuchin 1,285 322 305 95 ..Upper Kuskokwim (D) (D) (B) -- ..Tanaina 90 58 (D) (D) ..Tanana (D) (D) (B) -- ..Upper Tanana (D) (D) (B) -- ..Chasta Costa 165 106 (D) (D) ..Hupa 70 39 (B) -- ..Other Athapascan-Eyak 25 34 (B) -- ..Apache 13,445 825 1,595 277 ..Kiowa 750 224 30 24 ..Tlingit 1,240 239 130 56

United States Page: 5 of Pages: 9 Speak English Number of less than "Very speakers1 Margin of Error2 Well"1 Margin of Error2 ..Mountain Maidu 200 148 (D) (D) ..Northwest Maidu (D) (D) (B) -- ..Southern Maidu (D) (D) (B) -- ..Sierra Miwok 155 105 (B) -- ..Nomlaki (D) (D) (D) (D) ..Patwin 4 6 (B) -- ..Wintun 135 105 40 70 ..Foothill North Yokuts 225 133 85 76 ..Tachi (D) (D) (B) -- ..Santiam 55 46 (D) (D) ..Siuslaw 10 14 (D) (D) ..Klamath 205 136 (D) (D) ..Nez Perce 805 173 40 30 ..Sahaptian 1,295 384 110 52 ..Upper Chinook 270 151 50 63 ..Tsimshian 40 26 15 21 ..Achumawi (D) (D) (D) (D) ..Atsugewi (D) (D) (B) -- ..Karok 445 200 100 106 ..Pomo 485 204 70 65 ..Washo 215 74 45 38 ..Cocomaricopa 35 30 (B) -- ..Mohave 200 62 35 30 ..Yuma 290 126 80 62 ..Diegueno 295 180 40 48 ..Delta River Yuman 365 154 10 10 ..Havasupai 145 99 4 10 ..Walapai 300 92 4 10 ..Yavapai 245 114 20 16 ..Chumash (D) (D) (B) -- ..Tonkawa 50 64 (D) (D) ..Yuchi 165 138 (B) -- ..Crow 4,160 519 215 166 ..Hidatsa 625 169 50 42 ..Mandan 75 70 20 25 ..Dakota 17,855 1,091 1,330 232 ..Chiwere 105 64 25 21 ..Winnebago 1,720 293 185 74 ..Kansa 20 26 (B) -- ..Omaha 480 162 15 9 ..Osage 420 155 (D) (D) ..Ponca 305 145 25 26 ..Quapaw (D) (D) (B) -- ..Alabama 370 141 70 44 ..Choctaw 9,635 747 1,425 256 ..Mikasuki 290 134 65 49 ..Koasati 365 135 25 21 ..Muskogee 4,465 477 710 202 ..Chetemacha 65 43 (D) (D)

United States Page: 6 of Pages: 9 Speak English Number of less than "Very speakers1 Margin of Error2 Well"1 Margin of Error2 ..Keres 13,190 730 2,295 339 ..Iroquois 165 140 65 101 ..Mohawk 1,945 431 225 92 ..Oneida 770 224 65 59 ..Onondaga 75 94 (B) -- ..Cayuga (D) (D) (B) -- ..Seneca 1,015 232 210 88 ..Tuscarora 240 131 40 31 ..Wyandot 30 34 (B) -- ..Cherokee 11,465 941 1,460 240 ..Arikara 155 66 40 27 ..Caddo 115 110 (B) -- ..Pawnee 95 52 (D) (D) ..Wichita (D) (D) (B) -- ..Comanche 1,015 258 90 58 ..Mono 355 226 105 112 ..Paiute 1,305 264 200 76 ..Northern Paiute 30 24 (D) (D) ..Southern Paiute (D) (D) (D) (D) ..Chemehuevi (D) (D) (B) -- ..Kawaiisu (D) (D) (B) -- ..Ute 1,895 287 145 58 ..Shoshoni 2,000 257 180 66 ..Hopi 6,075 767 1,525 367 ..Cahuilla 60 36 (B) -- ..Cupeno 20 23 (D) (D) ..Luiseno 75 61 15 21 ..Serrano (D) (D) (B) -- ..Pima 6,990 687 720 193 ..Yaqui 640 252 55 51 ..Picuris 155 133 (D) (D) ..Tiwa 2,180 344 100 55 ..Sandia (D) (D) (B) -- ..Tewa 4,620 480 360 135 ..Towa 1,925 350 535 236 ..Zuni 9,615 1,127 1,240 305 ..Chinook Jargon 45 25 (D) (D) ..American Indian 7,110 683 1,175 271 ..Jicarilla 510 178 30 20 ..Chiricahua 155 56 20 20 ..San Carlos 360 159 30 26 ..Kalispel 30 28 (B) -- ..Spokane (D) (D) (B) -- .Hungarian 86,406 2,446 25,983 1,374 .Arabic 924,374 13,743 341,425 5,888 .Hebrew 212,747 4,707 34,912 1,591 .African languages 894,499 11,901 284,099 5,638 ..Amharic 195,260 6,368 81,385 3,479 ..Berber 2,940 756 1,630 472

United States Page: 7 of Pages: 9 Speak English Number of less than "Very speakers1 Margin of Error2 Well"1 Margin of Error2 ..Chadic 8,565 991 2,275 426 ..Cushite 122,445 4,437 59,495 2,817 ..Sudanic 8,510 1,317 3,935 710 ..Nilotic 6,890 1,184 2,235 490 ..Nilo-Hamitic 1,275 644 575 327 ..Nubian 305 234 185 175 ..Saharan 80 95 (D) (D) ..Nilo-Saharan 270 183 155 127 ..Khoisan 55 89 20 32 ..Swahili 88,685 3,414 22,055 1,913 ..Bantu 56,685 2,641 16,635 1,574 ..Mande 29,835 2,461 10,370 1,171 ..Fulani 30,475 2,022 11,745 1,193 ..Gur 1,310 529 405 272 ..Kru, Ibo, Yoruba 322,255 7,681 64,690 2,487 ..Efik 5,620 775 905 305 ..Mbum (and related) 715 353 370 269 ..African 12,320 1,508 5,000 997 .Other and unspecified languages 143,887 4,166 58,617 2,664 ..Finnish 25,805 1,198 4,350 447 ..Estonian 6,035 775 1,335 274 ..Lapp (D) (D) (B) -- ..Other Uralic languages 20 22 (B) -- ..Caucasian 8,980 1,034 4,280 674 ..Basque 1,860 451 635 160 ..Syriac 74,725 3,878 33,600 2,206 ..Aztecan 720 267 400 193 ..Sonoran 60 68 60 68 ..Misumalpan 95 78 35 37 ..Mayan languages 7,650 1,273 5,730 941 ..Tarascan 60 54 40 40 ..Mapuche 210 267 195 246 ..Oto - Manguen 5,100 1,161 4,425 976 ..Quechua 1,300 465 1,000 438 ..Arawakian 3,150 765 925 253 ..Chibchan 1,095 515 865 413 ..Tupi-Guarani 245 102 155 67 ..Uncodable 6,760 571 595 163

Notes: 1 Detailed-language estimates are rounded to the nearest multiple of five. Aggregate estimates (bold-face entries) are unrounded and appear in table B16001 (http://factfinder.census.gov/bkmk/table/1.0/en/ACS/13_5YR/B16001/0100000US). Detailed-language estimates may not sum to aggregate estimates because of rounding.

2 Data are based on a sample and are subject to sampling variability. The degree of uncertainty for an estimate arising from sampling variability is represented through the use of a margin of error. The value shown here is the 90 percent margin of error. The margin of error can be interpreted roughly as providing a 90 percent probability that the interval defined by the estimate minus the margin of error and the estimate plus the margin of error (the lower and upper confidence bounds) contains the true value. In addition to sampling variability, the ACS estimates are subject to nonsampling error (for a discussion of nonsampling variability, see Accuracy of the Data at http://www2.census.gov/programs-surveys/acs/tech_docs/accuracy/MultiyearACSAccuracyofData2013.pdf). The effect of nonsampling error is not represented in these tables.

United States Page: 8 of Pages: 9 Speak English Number of less than "Very speakers1 Margin of Error2 Well"1 Margin of Error2 3 N.E.C. stands for not elsewhere classified. These are languages where respondents indicated they spoke either Indian or Pakistan. For Indian, it cannot be determined if the respondent spoke a native American language or spoke a language from India. For Pakistan, respondents wrote in Pakistan but it cannot be determined which one of the languages spoken in Pakistan is actually being spoken. To distinguish these languages, n.e.c. is used to indicated they are not classified in any other language code. 4 This category includes literal write-ins of Chinese as well as Hakka, Kan, Hsiang, Cantonese, Mandarin, Fuchow, Formosan, and Wu. (D) Data withheld to avoid disclosure. (B) Either no sample observations or too few sample observations were available to compute an estimate. (X) Question does not apply.

-- Either no sample observations or too few sample observations were available to compute a standard error and thus the margin of error. A statistical test is not appropriate. Source: U.S. Census Bureau, 2009-2013 American Community Survey

United States Page: 9 of Pages: 9

Generated on: This page was generated by TSDR on 2019-04-07 15:54:27 EDT Mark: IDEAL MARKET

IDEAL MARKET

US Serial Number: 86457431 Application Filing Nov. 18, 2014 Date: Filed as TEAS Yes Currently TEAS Yes Plus: Plus: Register: Principal Mark Type: Service Mark TM5 Common Status LIVE/APPLICATION/Opposition Pending Descriptor: The pending trademark application has been examined by the Office and was published for opposition, at which time one or more oppositions were filed but they have not yet been decided.

Status: An opposition after publication is pending at the Trademark Trial and Appeal Board. For further information, see TTABVUE on the Trademark Trial and Appeal Board web page. Status Date: Oct. 05, 2015 Publication Date: Apr. 07, 2015

Mark Information

Mark Literal IDEAL MARKET Elements: Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Claim: Mark Drawing 4 - STANDARD CHARACTER MARK Type: Disclaimer: "MARKET" Goods and Services

Note: The following symbols indicate that the registrant/owner has amended the goods/services: • Brackets [..] indicate deleted goods/services; • Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and • Asterisks *..* identify additional (new) wording in the goods/services.

For: Retail bakery shops; Retail delicatessen services; Retail grocery stores International 035 - Primary Class U.S Class(es): 100, 101, 102 Class(es): Class Status: ACTIVE Basis: 1(a) First Use: 1940 Use in Commerce: 1940 Basis Information (Case Level)

Filed Use: Yes Currently Use: Yes Filed ITU: No Currently ITU: No Filed 44D: No Currently 44E: No Filed 44E: No Currently 66A: No Filed 66A: No Currently No Basis: No Filed No Basis: No Current Owner(s) Information Exhibit D CITIZENSHIP Delaware I I COMPOSED OF WFM IP Management, Inc., a Delaware corporation

GOODS AND SERVICES

INTERNATIONAL CLASS 035

DESCRIPTION TEXT Retail bakery shops; Retail delicatessen services; Retail grocery stores

GOODS AND SERVICES CLASSIFICATION

INTERNATIONAL 035 FIRST USE DATE 00/00/1940 FIRST USE IN 00/00/1940 CLASS STATUS 6-ACTIVE CLASS COMMERCE DATE

MISCELLANEOUS INFORMATION/STATEMENTS

CHANGE IN REGISTRATION NO

DISCLAIMER W/PREDETER TXT "MARKET"

PROSECUTION HISTORY

DATE ENT CD ENT TYPE DESCRIPTION ENT NUM

02/27/2015 PREV O LAW OFFICE PUBLICATION REVIEW COMPLETED 013

02/24/2015 CNSA O APPROVED FOR PUB - PRINCIPAL REGISTER 012

02/23/2015 XAEC I EXAMINER'S AMENDMENT ENTERED 011

02/23/2015 ALIE A ASSIGNED TO LIE 010

02/23/2015 GNEN O NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 009

02/23/2015 GNEA O EXAMINERS AMENDMENT E-MAILED 008

02/23/2015 CNEA R EXAMINERS AMENDMENT -WRITTEN 007

02/18/2015 GNRN O NOTIFICATION OF NON-FINAL ACTION E-MAILED 006

02/18/2015 GNRT F NON-FINAL ACTION E-MAILED 005

02/18/2015 CNRT R NON-FINAL ACTION WRITTEN 004

02/18/2015 DOCK D ASSIGNED TO EXAMINER 003

11/24/2014 NWOS I NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM 002

11/21/2014 NWAP I NEW APPLICATION ENTERED IN TRAM 001

CURRENT CORRESPONDENCE INFORMATION

ATTORNEY Christopher L. Graff

CORRESPONDENCE ADDRESS CHRISTOPHER L. GRAFF PIRKEY BARBER PLLC 600 CONGRESS AVE STE 2120 AUSTIN, TX 78701

DOMESTIC REPRESENTATIVE NONE CITIZENSHIP Delaware I I COMPOSED OF WFM IP Management, Inc., a Delaware corporation

GOODS AND SERVICES

INTERNATIONAL CLASS 035

DESCRIPTION TEXT Retail bakery shops; Retail delicatessen services; Retail grocery stores

GOODS AND SERVICES CLASSIFICATION

INTERNATIONAL 035 FIRST USE DATE 00/00/1940 FIRST USE IN 00/00/1940 CLASS STATUS 6-ACTIVE CLASS COMMERCE DATE

MISCELLANEOUS INFORMATION/STATEMENTS

CHANGE IN REGISTRATION NO

DISCLAIMER W/PREDETER TXT "MARKET"

PROSECUTION HISTORY

DATE ENT CD ENT TYPE DESCRIPTION ENT NUM

02/24/2015 CNSA O APPROVED FOR PUB - PRINCIPAL REGISTER 012

02/23/2015 XAEC I EXAMINER'S AMENDMENT ENTERED 011

02/23/2015 ALIE A ASSIGNED TO LIE 010

02/23/2015 GNEN O NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 009

02/23/2015 GNEA O EXAMINERS AMENDMENT E-MAILED 008

02/23/2015 CNEA R EXAMINERS AMENDMENT -WRITTEN 007

02/18/2015 GNRN O NOTIFICATION OF NON-FINAL ACTION E-MAILED 006

02/18/2015 GNRT F NON-FINAL ACTION E-MAILED 005

02/18/2015 CNRT R NON-FINAL ACTION WRITTEN 004

02/18/2015 DOCK D ASSIGNED TO EXAMINER 003

11/24/2014 NWOS I NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM 002

11/21/2014 NWAP I NEW APPLICATION ENTERED IN TRAM 001

CURRENT CORRESPONDENCE INFORMATION

ATTORNEY Christopher L. Graff

CORRESPONDENCE ADDRESS CHRISTOPHER L. GRAFF PIRKEY BARBER PLLC 600 CONGRESS AVE STE 2120 AUSTIN, TX 78701

DOMESTIC REPRESENTATIVE NONE To: Whole Foods Market IP, L.P. ([email protected]) Subject: U.S. TRADEMARK APPLICATION NO. 86457431 - IDEAL MARKET - WFMJ091US Sent: 2/23/2015 11:12:49 AM Sent As: [email protected] Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

U.S. APPLICATION SERIAL NO. 86457431

MARK: IDEAL MARKET *86457431* CORRESPONDENT ADDRESS: CHRISTOPHER L. GRAFF GENERAL TRADEMARK INFORMATION: PIRKEY BARBER PLLC http://www.uspto.gov/trademarks/index.jsp 600 CONGRESS AVE STE 2120 AUSTIN, TX 78701-2973 VIEW YOUR APPLICATION FILE

APPLICANT: Whole Foods Market IP, L.P.

CORRESPONDENT’S REFERENCE/DOCKET NO : WFMJ091US CORRESPONDENT E-MAIL ADDRESS: [email protected]

EXAMINER’S AMENDMENT

ISSUE/MAILING DATE: 2/23/2015

DATABASE SEARCH: The trademark examining attorney has searched the USPTO’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).

APPLICATION HAS BEEN AMENDED: In accordance with the authorization granted by Mr. Graff on 2-20-2015, the trademark examining attorney has amended the application as indicated below. Please advise the undersigned immediately of any objections. Otherwise, no response is necessary. TMEP §707. Any amendments to the identification of goods and/or services may clarify or limit the goods and/or services, but may not add to or broaden the scope of the goods and/or services. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.

The following disclaimer statement is added to the record:

No claim is made to the exclusive right to use “MARKET” apart from the mark as shown.

See 15 U.S.C. §1056(a); TMEP §§1213, 1213.08(a)(i).

/lindamickleburgh/ Linda Mickleburgh Examining Attorney Law Office 106 571-272-9198 [email protected]

PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at To: Whole Foods Market IP, L.P. ([email protected]) Subject: U.S. TRADEMARK APPLICATION NO. 86457431 - IDEAL MARKET - WFMJ091US Sent: 2/18/2015 3:15:59 PM Sent As: [email protected] Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

U.S. APPLICATION SERIAL NO. 86457431

MARK: IDEAL MARKET *86457431* CORRESPONDENT ADDRESS: CHRISTOPHER L. GRAFF CLICK HERE TO RESPOND TO THIS LETTER: PIRKEY BARBER PLLC http://www.uspto.gov/trademarks/teas/response_forms.jsp 600 CONGRESS AVE STE 2120 AUSTIN, TX 78701-2973 VIEW YOUR APPLICATION FILE

APPLICANT: Whole Foods Market IP, L.P.

CORRESPONDENT’S REFERENCE/DOCKET NO : WFMJ091US CORRESPONDENT E-MAIL ADDRESS: [email protected]

OFFICE ACTION

ISSUE/MAILING DATE: 2/18/2015

SEARCH RESULTS

DISCLAIMER REQUIRED

Applicant must disclaim MARKET because it merely describes an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s goods and/or services, and thus is an unregistrable component of the mark. See 15 U.S.C. §§1052(e)(1), 1056(a); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012) (quoting In re Oppedahl & Larson LLP, 373 F.3d 1171, 1173, 71 USPQ2d 1370, 1371 (Fed. Cir. 2004)); TMEP §§1213, 1213.03(a).

This wording appears in the specimens and is encompassed by applicant’s identification of services. Therefore, the wording merely describes the services.

An applicant may not claim exclusive rights to terms that others may need to use to describe their goods and/or services in the marketplace. See Dena Corp. v. Belvedere Int’l, Inc., 950 F.2d 1555, 1560, 21 USPQ2d 1047, 1051 (Fed. Cir. 1991); In re Aug. Storck KG, 218 USPQ 823, 825 (TTAB 1983). A disclaimer of unregistrable matter does not affect the appearance of the mark; that is, a disclaimer does not physically remove the disclaimed matter from the mark. See Schwarzkopf v. John H. Breck, Inc., 340 F.2d 978, 978, 144 USPQ 433, 433 (C.C.P.A. 1965); TMEP §1213.

Applicant should submit a disclaimer in the following standardized format:

No claim is made to the exclusive right to use “market” apart from the mark as shown.

RESPONSE GUIDELINES

For this application to proceed toward registration, applicant must explicitly address each refusal and/or requirement raised in this Office action. If the action includes a refusal, applicant may provide arguments and/or evidence as to why the refusal should be withdrawn and the mark should register. Applicant may also have other options for responding to a refusal and should consider such options carefully. To respond to requirements and certain refusal response options, applicant should set forth in writing the required changes or statements.

If applicant does not respond to this Office action within six months of the issue/mailing date, or responds by expressly abandoning the application, the application process will end, the trademark will fail to register, and the application fee will not be refunded. See 15 U.S.C. §1062(b); 37 C.F.R. §§2.65(a), 2.68(a), 2.209(a); TMEP §§405.04, 718.01, 718.02. Where the application has been abandoned for failure to respond to an Office action, applicant’s only option would be to file a timely petition to revive the application, which, if granted, would allow the application to return to live status. See 37 C.F.R. §2.66; TMEP §1714. There is a $100 fee for such petitions. See 37 C.F.R. §§2.6, 2.66(b)(1).

/lindamickleburgh/ Linda Mickleburgh Examining Attorney Law Office 106 571-272-9198 [email protected]

TO RESPOND TO THIS LETTER: Go to http://www.uspto.gov/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail [email protected]. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail. PTO Form 1478 (Rev 9/2006) OMB No. 0651-0009 (Exp 12/31/2014) Trademark/Service Mark Application, Principal Register TEAS Plus Application

Serial Number: 86457431 Filing Date: 11/18/2014

NOTE: Data fields with the * are mandatory under TEAS Plus. The wording "(if applicable)" appears where the field is only mandatory under the facts of the particular application.

The table below presents the data as entered.

Input Field Entered TEAS Plus YES MARK INFORMATION

*MARK IDEAL MARKET

*STANDARD CHARACTERS YES

USPTO-GENERATED IMAGE YES

LITERAL ELEMENT IDEAL MARKET The mark consists of standard characters, without claim to any particular font, *MARK STATEMENT style, size, or color. REGISTER Principal APPLICANT INFORMATION

*OWNER OF MARK Whole Foods Market IP, L.P.

*STREET 550 Bowie Street, 6th Floor

*CITY Austin

*STATE Texas (Required for U.S. applicants)

*COUNTRY United States

*ZIP/POSTAL CODE 78703 (Required for U.S. applicants only) LEGAL ENTITY INFORMATION

*TYPE LIMITED PARTNERSHIP

* STATE/COUNTRY WHERE LEGALLY Delaware ORGANIZED

NAME(S) OF GENERAL PARTNER(S) & WFM IP Management, Inc., a Delaware corporation CITIZENSHIP/INCORPORATION GOODS AND/OR SERVICES AND BASIS INFORMATION

*INTERNATIONAL CLASS 035

*IDENTIFICATION Retail bakery shops; Retail delicatessen services; Retail grocery stores

*FILING BASIS SECTION 1(a)

FIRST USE ANYWHERE DATE At least as early as 00/00/1940 PTO Form 1478 (Rev 9/2006) OMB No. 0651-0009 (Exp 12/31/2014)

Trademark/Service Mark Application, Principal Register

TEAS Plus Application

Serial Number: 86457431 Filing Date: 11/18/2014 To the Commissioner for Trademarks:

MARK: IDEAL MARKET (Standard Characters, see mark) The literal element of the mark consists of IDEAL MARKET. The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, Whole Foods Market IP, L.P., a limited partnership legally organized under the laws of Delaware, comprising of WFM IP Management, Inc., a Delaware corporation, having an address of 550 Bowie Street, 6th Floor Austin, Texas 78703 United States requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

For specific filing basis information for each item, you must view the display within the Input Table. International Class 035: Retail bakery shops; Retail delicatessen services; Retail grocery stores

In International Class 035, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 00/00/1940, and first used in commerce at least as early as 00/00/1940, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) photos of store signage displaying the mark in the course of performing the services; screenshot of website displaying the mark in connection with promotion of services. JPG file(s): Specimen File1 Specimen File2 Original PDF file: SPE0120-66193119230-20141117192725023742_._Ideal_Market_webpage.pdf Converted PDF file(s) (2 pages) Specimen File1 Specimen File2

The applicant's current Attorney Information: Christopher L. Graff and all other attorneys with the firm of Pirkey Barber PLLC 600 Congress Avenue, Suite 2120 Austin, Texas 78701 United States The attorney docket/reference number is WFMJ091US. The applicant's current Correspondence Information: Christopher L. Graff Pirkey Barber PLLC 600 Congress Avenue, Suite 2120 Austin, Texas 78701 512-322-5200(phone)

Home  Market  Stores Near You  About Us  Fleet Fuel  Join the Team

WHO WE ARE  / Who We Are

BRIGHT. SAFE. FRIENDLY. IDEAL.

In the early 1970s our family-owned business, the Rocket Oil Company, opened our rst store in Madisonville – the rst link in our Ideal chain. Turn around twice and it’s 40 years later, with over 20 stores (and counting!) throughout midwest Kentucky communities.

Our mission has remained the same through all these years – to be the best market in town run by the best people in town. At the risk of sounding cheesy, our goal is to continually be a… well… “ideal market.”

That’s why we offer premium Marathon gas – the best of the best – fueling your car and your day.

From our bright, clean and safe store set-up to our friendly team members and top-tier fuels, every aspect of our store is geared toward that simple goal of being the best in town Stop in, we’re excited to meet you. We think we’re ideal, and we hope you agree. Exhibit E-1 -- -

Home  Market  Stores Near You  About Us  Fleet Fuel  Join the Team

JOIN THE TEAM  / Join the Team

WE’RE A BETTER TEAM WITH YOU ON IT. READY TO JOIN?

We strive to be the best store in town driven by the best people, and that goal is fueled by a single, common dream – to push ourselves to be the best team of professionals and community members we can possibly be.

We work each day to make the lives of our customers brighter with a smile, a “hello,” and a well-made cup of joe.

When our customers think “Ideal Market,” we want them to immediately think of their favorite employee who greets them each morning, who asks about their day, who has a large coffee and a sausage biscuit waiting on them when they walk in, who simply makes their day “ideal.”

That employee could be you. What do you say? Exhibit E-2

MY STORE: Choose My Store

Join Our EMAIL LIST

LOCATIONS WEEKLY CIRCULAR GROCERY COUPONS RECIPES ABOUT US CONTACT US

About Us · Photo Gallery About Us

Ideal Food Basket stores are members of America’s Food Basket LLC, a Cooperative of independent food grocers located in New York, New Jersey, Massachusetts, Connecticut and Rhode Island. At its inception in 2007, the cooperative started with just three grocery stores and has now grown to 49 stores. With more growth on the horizon, Ideal Food Basket grocery stores continue to have a strong mark throughout the neighborhoods of Queens, Brooklyn, Manhattan & Long Island. As we celebrate our 11th year anniversary, our focus remains on serving our customers and the communities we are in.

We strive to be your ideal nearby supermarket, providing our customers and partners with a central point of service, fresh products, value and experience. We offer a wide selection of groceries, fresh produce and your favorite organic products! In efforts to serve our communities, many of our grocery stores offer free grocery delivery.

Ideal Food Basket is a proud supporter of Los Rancheros Unidos, Foundation Fighting Blindness & member of the National Supermarket Association.

Explore our website to find an Ideal grocery store near you, create your own grocery list from our weekly circular and print various grocery coupons! ｾ＠ Americas Food Basket . ea Amert~~ ~afb Exhibit E-3

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Social Science & Medicine Volume 39, Issue 10, November 1994, Pages 1413-1424

On the ideal market structure for third-party purchasing of health care

Alain C. Enthoven

1±1 Show more

https://doi.org/10.1016/0277-9536(94)90236-4 Get rights and content

Abstract

The ideal market structure would give each medical care organization effective incentives to produce maximum value for money for enrolled subscribers. It should be based on integrated financing and delivery systems—partnerships that link doctors, hospitals and insurers—with per capita prepayment, with providers at risk for cost of care and cost of poor quality, publicly accountable for quality and per capita costs. The ideal market structure must be managed by active intelligent collective purchasing agents, called sponsors, that contract with health care systems and set the rules of competition. Sponsors structure and manage the enrollment process; they create price-elastic demand; they manage risk selection; and they create and administer equitable rules of coverage. Microeconomic theory tells us what sponsors should do to get the market incentives right. There is no comparable political theory to tell us how their boards of directors should be constituted. The paper offers a list of undesirable political arrangements to be avoided and some desirable features of sponsor constitutions.

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We use cookies to help provide and enhance our service and tailor content and ads. By continuing you agree to the use of cookies. Copyright © 2019 Elsevier B.V. or its licensors or contributors. ScienceDirect ® is a registered trademark of Elsevier B.V. (;tRELX Group™ Exhibit E-4

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Physica A: Statistical Mechanics and its Applications Volume 308, Issues 1–4, 15 May 2002, Pages 420-442

The eﬀect of non-ideal market conditions on option pricing

Josep Perelló, Jaume Masoliver

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https://doi.org/10.1016/S0378-4371(02)00627-1 Get rights and content

Abstract Option pricing is mainly based on ideal market conditions which are well represented by the geometric Brownian motion (GBM) as market model. We study the effect of non-ideal market conditions on the price of the option. We focus our attention on two crucial aspects appearing in real markets: the influence of heavy tails and the effect of colored noise. We will see that both effects have opposite and non-trivial consequences on option pricing.

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Exhibit E-5

IJLBPR ISSN 2250 - 3137 Vol. I, No. 3, July 2012

Inte r nation al Journ al ot Life Sciences Biotechnology and Pharma Research

ntenaional onal of Lie Sciences Biotechnoloy and Pharma Research Hyderabad, INDIA Exhibit E-6

Email : [email protected] or [email protected] Int. J. LifeSc. Bt & Pharm. Res. 2012 lnlernalional Journal olMohammad lffe kiences !iolec~nology Omar Faruque and ~~arma et al., ~esearc~ 2012

ISSN 2250-3137 www.ijlbpr.com Vol. 1, No. 3, July 2012 © 2012 IJLBPR. All Rights Reserved Research Paper STATUS OF AN IDEAL DRY FISH MARKET OF BANGLADESH: A STUDY ON ASADGANJ DRY FISH MARKET, CHITTAGONG

Mohammad Omar Faruque1*, K M Shahriar Nazrul2, Umma Salma Tonny2, Kh Rashadul Islam1, Swapan Chandra Dey3, Samiha Jahan Mona3 and Debasish Saha3

*Corresponding Author: Mohammad Omar Faruque,  [email protected]

The marketing system and value chain of dried fish and the pulling factors enhancing its processing and marketing were studied at Asadganj dry fish market, Chittagong, Bangladesh from January 2011 to June 2011. The study area was purposively selected where activities related to commercial dry fish products were concentrated. Data was collected through survey questions. Several species of coastal and marine dried fish were commonly available in the market. Different stakeholders involved in marine dried fish marketing were selected to address the pulling factors for enhancing marketing of aquatic products. The study revealed that marketing margin as well as marketing profit both was relatively higher in consumer markets followed by primary and secondary markets where beparies and aratdars were involved. Results indicated that high priced fish demanded high marketing cost resulting higher marketing margin and profit compared to low-priced fish. The price of dried marine fish depended on the size, availability, quality of the species, transport, labor and season. The major cause of price exploitation to the producers was dadan (non institutional money lending) that compelled the producers to go for ‘conditional engagement’ in the fish drying business. Bombay duck, having 24.88% was the highest quantity found in this market. Stakeholders of the market faced various problems like inadequate capital, natural calamities, lack of scientific knowledge and technology, price instability, lack of transport facilities, lack of inadequate storage facilities, lack of physical marketing facilities, lack of marketing information, etc.

Keywords: Dry fish, Value chain, Stakeholders

INTRODUCTION in Bangladesh. Being a country of rivers and Fish is an important component of the daily diet floodplains with a high potential of aquatic and the dried fish is an important source of protein resources, fish plays a very important role in the

1 Department of Aquaculture, Bangladesh Agricultural University, Mymensingh-2202, Bangladesh. 2 Department of Fisheries Biology and Genetics, Bangladesh Agricultural University, Mymensingh-2202, Bangladesh. 3 Department of Fisheries and Marine Science, Noakhali Science and Technology University, Noakhali-3202, Bangladesh.

This article can be downloaded from http://www.ijlbpr.com/currentissue.php 214 Int. J. LifeSc. Bt & Pharm. Res. 2012 Mohammad Omar Faruque et al., 2012 is obviously the status, perception and individual infestation of drying and dried fish came to the need of high income groups. For example, in case attention of the Bangladesh authorities and media of dry shrimp, the producer can grade the fish in the mid 1980s. In the early 1990s specific based on size viz. big, medium and small. Then research (Ward, 1992, Cox, 1992) showed that all the three sizes can be included in three cubes insecticides are used in a regular manner. of one package. Such package then can be sold under a brand name at different shopping mall DISCUSSION like Well Mart, Khulshi Mart, Agora, Shop and Save Marketing chain of dried fish from processors to etc. Even the producer can go for contract with consumer passes through a number of Aarong or others of the kind to sell the packaged intermediaries such as beparies, aratdars, dry fish in their store under their brand name. wholesalers and retailers in Asadganj. Ahmed Hygienic Condition (1983) reported the variation in market structure from area to area. There are four types of market Hygiene at dried fish processing sites was poor viz. primary market, secondary market, higher with human faces and fish carcasses strewn secondary market and final consuming market. nearby. Apart from the public health issue, such The fish marketing system is traditional, complex, conditions will promote and maintain a background and less competitive but plays a vital role in population of blowflies, which infest fish during connecting the fishermen and consumers, thus drying, especially in the warmer months when rain contributing significantly in the ‘value adding’ makes drying difficult. Areas of shrub vegetation process which otherwise would have been nearby drying areas provide ideal shade for blowfly unused or underused and consequently in the during periods of sun and heat. earnings of the fisher folk reported by Chowdhury Use of Insecticides (2004). Rahman (2003) also found similar Evidence of the use of insecticides by dried fish findings as the present study in two different processors and traders to combat insect markets of Gazipur district. This might be

Table 2: The Average Daily Income of Fish Marketing Actors

Market actors Daily Income

Tk/day US$/day

Fishermen 1000 14.28

Aratdars (commission agents) 4000 57.14

Beparies (suppliers) 2500 35.71

Wholesalers 3500 50.00

Retailers 300 4.29

Women and Child (small trader, retailer) 200 2.86

Day laborers 120 1.71

Children 60 0.85

This article can be downloaded from http://www.ijlbpr.com/currentissue.php 222

The class of 2016: the labor market is still far from ideal for young graduates

Permanent URL for this page: http://hdl.voced.edu.au/10707/405080.

Author: Kroeger, Teresa; Cooke, Tanyell; Gould, Elise

Abstract:

Young high school and college graduates were hit hard in the Great Recession. While young graduates' economic prospects have brightened in recent years, they still face elevated unemployment rates and stagnant wages. Many groups, including young graduates of color, as well as young high school graduates entering the workforce face particularly difficult economic realities. This report looks at trends in unemployment, underemployment, and wages of young high school and college graduates to paint a picture of the economy facing the Class of 2016.

Published abstract.

Subjects: Youth; Students; Labour market; Employment; Income; Outcomes

Keywords: Youth transitions; Graduates; Transition from education and training to employment; Underemployment; Unemployment; Wage differential; Trend

Geographic subjects: United States; North America

Published: Washington, District of Columbia: Economic Policy Institute, 2016

Physical description: 40 p.

Access item: http://www.epi.org/publication/class-of-2016/

Resource type: Report

Call number: TD/TNC 124.519

Show Extra Info

Exhibit E-7

Home

Departments LOCATIONS Services

Specials mYe 2 1 Livonia ® I"., ® Picayune (§3 Denham Livingston Hammond L .J falaya Springs Covington 1onal Kitchen Menu Baton Rouge '11 Ponchatoula @ dlife Grosse Tete uge CD ~ :: ijj 1817 S. Sherwood Forest, Baton Rouge Pearl River '•. @) Mandeville 225-615-7221 ijj Prairieville Lacombe ｾ＠ @ Bay St Louis Plaquemine @ Akers Community Slidell Gonzales @ Eden Isle ijj Employment @ Donaldsonville (El Laplace ,,_., Gramercy o'~ ® ijj '/1,.e'?> Vach,~rie \_'o Locations CD 36013805 Williams Hessmer Blvd, Kenner,Ave., Metairie LA 70065 504-883- ｾ＠ 44215351 250Airline South Dr., MetairieBroad St., 504-309-9214 New Orleans 504- (1%, 822-8861 x Beach Baldwin <~ 653 Terry Pkwy, Gretna 504-262-8883 @) Contact Us Franklin <;> Thibodaux @ ~j,,el I Delacroix (!) Raceland @ Morgan City @ Gray Google English(English) 20 km Map data ©2019 Google, INEGI

Metairie Metairie New Orleans Westbank Baton Rouge Kenner     504-883-5351 504-309-9214 504-822-8861 504-262-8883 225-615-7221 504-305-2256 ＠ 3805 Hessmer 4421 Airline Dr. 250 South Broad 653 Terry 1817 S. 3601 Williams Ave. Metairie, LA New Orleans, LA Parkway Sherwood Blvd Metairie, LA 70001 70119 Gretna, LA Forest Kenner, LA 70002 70056 Baton Rouge, LA 70065 700816

Search ...  Exhibit F-1

Home  Market  Stores Near You  About Us  Fleet Fuel  Join the Team

STORE LOCATOR  / Store Locator

'-""i' TellCity ® .-..'@ Mt Vernon Newburgh i Default View @ Enter city or zip code Within | 5 mi , West Frankfort ..... / Hawesville ® . \.~·: 1 I ,r Irvington Fort Knox L 0 @ "- I.,) Henderson ~) port Radcliff Lebanon @ Junction Herrin ijj Eldorado ,-- >• Bardstov Hardinsburg Murphysboro Carterville @) Owensboro Carbondale Marion @ Harrisburg Equality @ ~, West Elizabethtown § Carrier Mills @ Morganfield Robards Louisville Whitesville 0 ij; New Haven @ Fordsville ® Lo Makanda Stonefort ® Sebree Falls of Rough Karbers Ridge Hodgenville Sturgis Callioun' ®@i) @) 0 Sonora @ Shawnee Dixon @ ® tas Livermore ｾ＠ National Forest Cave-In-Rock Leitchfield Anna @f Hartford Rosine § Vienna-..... Caneyville @ Providence Beaver Darn w §Golconda .,- ' @ Bonnieville ,J @ c, ij; Marion Mo, ~ville @) Cape ~, @ @) (§3 Girardeau ® • ·al City ® Bee Spring Ullin @) ® Munfordville Earling,•·· ' Greensburg @) Marte 'J P~ erly Scott City Morgantown @ • Greenville ® Brownsville Daw!...: on Nortenvill..! I Springs Me, lis Cave City Mounds Princeton @ @) @i3 enton Eddyville @) ij La Center @ Paducah ' Dunmor ij.i Kuttawa Smiths Grove Lone Oak Calvert City Plum Springs ij; j_ Cairo Glasgow @ Lewisburg Edmonton lifl Wic,kliffe @ Cerulean Bowlin9 Green @ ® (§3 ®@ ij; (ill @ !Stan Bardwell Summer Shade Benton Caoiz @ Hopkinsville Auburn Russellville Woodburn Yesse ' @ @ Marrowbone Land Between @ Elkton the Lakes @) Bl East Prairie ® hews Columbus Hardin National Scottsville Mayfield @9 Recreation ... @i3 Franklin Fountain Run Google I~ Tompkinsville Clinton Fort Camobell @ 10 km Map data ©2019 Google Default View Full Service Ideal Market Subway

 1-270-821-5776  4470 Hanson Road Madisonville, KY 42431 a Rocket Oil Company.  [email protected] Exhibit F-2

Register for exclusive email offers & features <• •• ,.,,.,'}11~ Sign In (/signin) Register (/register) (https://idealmarket.net/)

(/planner/)

OUR LOCATION

IDEAL MARKET

150 W. 4th Street Superior, NE 68978

P: (402) 879-3317 Monday - Friday 7:00 AM to 8:00 PM

Saturday 7:00 AM to 7:00 PM Sunday Exhibit F-3

Nebraska Secretary of State - Corporation and Business Entity Searches https://www.nebraska.gov/sos/corp/corpsearch.cgi?acct-number=0675733

Fri Apr 5 18:14:56 IDEAL GROCERY AND MARKET 2019

SOS Account Number Status 0675733 Inactive

Contact JOHN R MOORE 905 SOUTH 27 STREET LINCOLN, NE 68510

Entity Type Date Filed Trademark May 05 1939

Filed Documents Filed documents for IDEAL GROCERY AND MARKET may be available for purchase and downloading by selecting the checkbox. If no checkbox and price appears, contact Secretary of State's office to request document(s).

Document Date Filed Price

Trademark May 05 1939

Renewal Jun 17 1969

Renewal Mar 26 1979

Renewal Oct 27 1988

＠ Renewal Oct 13 1998 $0.45 = 1 page(s) @ $0.45 per page

Expiration Apr 02 2009

Good Standing Documents

Select All | Select None

t Back to Top

Exhibit F-4

1 de 1 05/04/2019 16:16

Register for exclusive email offers & features 11:11:41. Sign In (/signin) Register (/register) MARKET (https://rushvilleidealmarket.com/) (/digital_coupons) (/rewards)

OUR LOCATION

87 I"'., L, .I I \

1 - c;- 87

IDEAL MARKET

710 E. 2nd St. Rushville, NE 69360

P: (308) 327-2497 Monday - Saturday 9:00 am to 7:00 pm Sunday 9:30 am to 5:00 pm SHARES Exhibit F-5

A GREEN MARKET CO-OP GROCERY AT IDEAL CORNERS

LJ

Ideal Green Market 34988 County Road 39 Pequot Lakes, MN 56472

>>(218) 543-6565 >>Email Us

Our Mission: To provide access to local, sustainable and healthy food and products.

Your name *

Your e-mail address *

Subject *

Message *

SEND MESSAGE

Gardening resources What is GMO? Events and Activities Delicious inspira

Seed Savers Exchange is a non- The Non-GMO Project Event Calendar Cook Smarts profit 501(c)(3) status organization (http://idealgreenmarket.com/calendar-(http://www.cooksma Click here to learn more. dedicated to saving and sharing node-field-event- is designed to educate, ins (http://www.nongmoproject.org/learn- seeds. date/month) nourish. more/what-is-gmo/) http://www.seedsavers.org/ (http://www.seedsavers.org/) Exhibit F-6

MY STORE: Choose My Store

Join Our EMAIL LIST

LOCATIONS WEEKLY CIRCULAR GROCERY COUPONS RECIPES ABOUT US CONTACT US

Find a Grocery Store Near You

Search by Zip Code: -- or -- Search by State and City:

Zip Code: City & State: Any

Radius: 5 mi

Locations Showing 33

Ideal Food Basket 85 Ackerman Ave Clifton, NJ 07011 Phone: (862) 238- v p:----~~:i~J_fiel~ - 8585 : Hartford W Hours: Mon- Sat: 7am-10pm R CONNEOCTICU Sun: 7am-9pm i New Haven Christmas Day: ·. _ o ｾ＠ 8am-6pm -- ~ New Year's Day: 9am-6pm ANIA ,~w 22 ~fork 9 Island Allentown 8 0 Weekly Circular | Store Info | u Directions | My Store arrisburgoHer~h9 _ ｾ＠ Lancaster Ideal Food Basket 0 0 York 856-874 Merrick Rd Baldwin, NY 11510 JERSEY Phone: (516) 546- 2471 Atlantic City Hours: Mon-Sat:

Exhibit F-7

Shop the Ideal Way Everyday! ＠ 

Home Locations Gift Cards Special Orders Menu Ideas Work at Ideal Contact

0

Five Ideal Locations for Quick & Easy Shopping

- r, .,rr•• i .

-- I~ K'. ..__ • • I . <=a I ~ ~·J11. J

DOWNTOWN GEISTOWN HOMER CITY SEWARD VINCO Ideal Market Ideal Market Ideal Market Ideal Market Ideal Market

339 Walnut St. 2449 Bedford St. 125 West Elm St. 6858 Route 711 2690 William Penn Johnstown, PA Johnstown, PA Homer City, PA Seward, PA Ave. 15901 15904 15748 15954 Johnstown, PA 15909 Call: 814-539-4680 Call: 814-269-3459 Call: 724-479-8065 Call: 814-446-6132 Call: 814-322-1369 Open: Open: Open: Open: Monday – Friday: Monday – Saturday: Monday – Saturday: Monday – Saturday: Open: 7 AM – 7 PM 8 AM – 9 PM 7 AM – 9 PM 8 AM – 9 PM Monday – Saturday: Saturday: Sunday : 9 AM – 6 Sunday: 7 AM – 6 Sunday: 8 AM – 5 PM 7 AM – 9 PM 7 AM – 6 PM PM PM Sunday: 7 AM – 6 Sunday: 9 AM – 5 PM PM

Exhibit F-8 \ Marion Center (El Irvona I"', ,L .J , Westover Coalport y Horne Cherry Tree @ Flinton Elderton ® ~ rajl;n~irnber Clymer Northern Hastings Shelocta Cambria l 8 Patton rg Indiana ~ Penn,Run hdergrift west Lebanon @ Carrolltown 422 \,,.-, ｾ＠ Ashville Ho! ity Colver ® (El Af onr 1ore ( , Altoon ( 1 ·S ＠ Loretto , Salti;bur~ - Black Lick Ebensburg Gallitzin Nanty-Glo ,~(, '\_J?J'vi r--.' ' / @ Cresson

) 1llairsyille'--\ ~olliclays lrnont (3 V New ----l• Alexandria ;, Portage . ' ~~w Florence,

@ Roarin e ( Derry Spring Get DirectionsLaJrobe Beaverdale..(' · Greensburg Lawson Clays burg South ,, Heights / Wilpen Greensburg ,® r Ligonier Forgwoor------:JDriving show options d,, Windber Imler ~ From Enter a location ; L___J~I~ :::::::======R=e=::=:=rg=l il=i11=to7ml ·1 Pleasantville OsterburgMap data ©2019New Google Jennerstown . ~- Enterprise To Enter a location

I I Fishertown Go Central City New Paris ones , s Edie (ill Friedens , ln~ n Lake Schellsburg ) Listie .,,M, ~llsville Seven Springs Shanksville, Bedford QB Somerset Evert Normalville ) Manns Choice \ New Baltimore (. ' @)

Mill Run 1 New Buffalo Mills Centerville ) Ro_ckwood Berlin Clearvil Your neighborhood Ideal overs a wide variety of fresh products. From tomatoes to toothpaste, Ideal is close and convenient.

LOCATIONS GET IN Search ..  ｾ＠ Ideal Market - HOURS TOUCH 1 2.5K likes D D L...--- ｾ＠

Like Page PRIVACY DPOLICY

IN THE UNITED STATE PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

MUWAFAK H. KAKI and KAKI, INC. Applicant.

Op posers, v.

WHOLE FOODS MARKET IP, L.P., Opposition No. 91224191

UNITED STATES OF AMERICA ST ATE OF LOUISIANA PARISH OF ORLEANS SWORN AFFIDAVIT OF LORNA TORRES

NOW BEFORE ME, THE UNDERSIGNED AUTHORITY, did personall y come and appear:

HERMINIA "LORNA" TORRES

Who, being first duly sworn, did depose and say:

I. My name is Herminia "Lorna" Torres. I am of the age of majority and am competent to swear

under oath to the testimony made herein.

2. The statements contained in this Affidavit are based on my personal knowledge and are true and

correct to the best of my knowledge, information and belief.

3. I am the Business Manager for all of our Ideal Market locations including the Ursuline location.

4. I have worked for Kaki, Inc and Ideal Market since March 26th, 2012. I am in charge of

operations, administration, human resources, accounting, marketing, and product/service offerings for

all Ideal Market locations.

5. Since joining Ideal Market, I have personally seen the growth ofldeal Market in the specialty

ethnic grocery market. I have been closely involved in the day to day operation of all the Ideal Market locations since 2012. Accordingly, I know our customers, and interact with them often. Exhibit G 6. I am fluent in the Spanish and English languages and have communicated with our customers in both languages.

7. I have personal knowledge, gained through my interactions with our customers, of the message

and information conveyed to our customers by the Ideal Market brand.

8. Our "Ideal Market" brand is positioned to describe the perfect nature of our market. More

specifically that we have "Ideal" produce (fresh and colorful), "Ideal" bakery goods (ample selection,

freshly baked, Hispanic offerings), "Ideal" selection (one stop shop for busy customers), "Ideal" employees (nice, clean, and attentive), "Ideal" locations (convenient, clean, affordable), "Ideal" services (best Hispanic grocery offerings, ethnic delicatessen, check cashing, bakery), "Ideal" customer service (responsive, trustworthy, empathetic, customer centered, respectful), "Ideal" prices

(lowest for the quality and convenience), and an overall "Ideal" shopping experience.

9. I am aware that there are multiple grocers currently using the name Ideal Market in Kentucky,

Nebraska, Minnesota, Pennsylvania, Massachusetts, Connecticut, Rhode Island, New Jersey, and New

York.

10. I have reviewed the website of Ideal market in Pennsylvania at idealsupermarket.net. Its logo, which reminds me of ours, identifies that they have been in business since 1932.

11. I have reviewed the Nebraska Secretary of State trademark filing by "Ideal Grocery and

1 Market" showing a filed date of May 5 \ 1939.

12. As a bilingual Spanish and English speaker, I know that "ideal" is spelled and conveys the same meaning in both languages.

13. From my experience as a Spanish speaker in the grocery industry, I know that Spanish speakers equate the words "market" with "mercado" and "supermarket" with "supermercado". This is especially obvious when used to describe a grocery store.

14. "Ideal Market" conveys to all our English and Spanish speaking customers the incredibly superb high quality of our market.

15. Our Ursuline Ideal Market is an outlier when compared to our other Ideal Market locations. It is

2 much smaller, and the demographics of its customer base are White and African American versus the

Hispanic American demographics of our remaining locations. As such, we do not perceive the

Ursuline location as being in direct competition with La Morenita or Rouses.

16. We do not list our Ursuline Ideal Market location in our idealmarket.com site. This has been the

case since I joined the company.

17. The reasons we do not list the Ursuline Ideal Market location in our website is that it does not

fit the designed feel, product/service mix, or layout in our business model. It targets the general

market instead of the Hispanic niche market targeted by the locations listed on our website. In other

words, the Ursuline location does not fit the brand experience we have standardized across all the

other Ideal Market locations, hence we do not want to drive our Hispanic target demographic to that

location.

18. Myself and the rest of my team have worked very hard to live up to the expectations of quality

and convenience that our Ideal Market name creates in our customers minds. Our hope is to grow

nationwide by delivering on that promise. We receive requests to bring our Ideal Markets to locations

outside Louisiana, which shows that we are delivering on that promise.

19. We maintain the Ideal Market brand on the Ursuline location because the name has great equity

in the local neighborhood. It is an institution shared by generations of neighborhood residents.

SWORN TO AND SUBSCRIBED BEFORE ME THE UNDE~~GNED Daniel Ernest l)avillie1 NOTARY PUBLIC THIS /1 DAY OF Notary Public State of Louisiana Louisiana Bar Roll #23022 0 ~ ].0~ My Commission is Issued for !.if:: 3 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

Kaki, Inc., and Muwafak H. Kaki * Opposition No.: 91224191 Opposers * * Serial No. 86/457,431 v. * * * Proposed Mark: IDEAL MARKET Whole Foods Market IP, L.P. * Applicant

SECOND AMENDED NOTICE OF OPPOSITION

Kaki, Inc., a corporation organized under the laws of Louisiana, whose address is 2436

Ursulines Avenue, New Orleans, Louisiana, 70119, and Muwafak H. Kaki, an individual and

citizen of the United States, whose address is 2436 Ursulines Avenue, New Orleans, Louisiana,

70119, believe that they and all other grocers will be damaged by the grant of a registration to

Whole Foods Market IP, L.P.. for the proposed mark IDEAL MARKET as set forth in

Application Serial No. 86/457,431 and hereby oppose the same.

As grounds for opposition, Opposers allege as follows:

1. Applicant seeks to register the proposed mark IDEAL MARKET, in standard

characters, in International Class 035 for services identified as “retail bakery shops; retail

delicatessen services; retail grocery stores,” as evidenced by the filing of trademark application

Serial No. 86/457,431 (“the ‘431 Application”) on November 18, 2014 and the publication for

opposition of the ‘431 Application on April 7, 2015.

2. Opposers are the owners of a common-law trademark consisting of the words

IDEAL MARKET used in connection with a variety of goods and services, including (but not limited to) grocery services, bakery services, delicatessen services, confectionary services, and related food items.

3. Opposers own and, through their ancestors-in-title, have continuously used the

IDEAL MARKET service mark in connection with the goods and services described herein since long before the November 18, 2014 filing date of the ‘431 Application.

4. Through the legal doctrine of “tacking” (referred to herein as the “tacking rule”),

Opposers have claim to the mark well prior to 1940, and Opposers hereby specifically rely on the claim of tacking in support of their Opposition. Tacking imparts Kaki’s use of the mark with the priority position of its ancestors-in-title, preceding the alleged use of the mark by Whole Foods’ ancestor-in-title in August of 1940. Kaki’s use of the mark starting in 2000 tacks onto the use of the ancestors-in-title back to Ideal Supermarket, Ideal Food Store and Ideal Grocery &

Confectionary at the same 2436 Ursulines location from at least 1935.

5. Opposers own and, through the tacking rule and their ancestors-in-title, have continuously used the IDEAL MARKET service mark in connection with the services described herein since long before the 1940 date of first use and the 1940 date of first use in commerce recited in the ‘431 Application.

6. By virtue of the substantially exclusive and continuous delivery of the goods and services described herein under the IDEAL MARKET mark by Opposers and, through the tacking rule and their ancestors-in-title, persons familiar with such goods and services have come to recognize the IDEAL MARKET mark as an indication of a unique brand of goods and services. Consequently, Opposers have established valuable good will in the IDEAL MARKET mark. 7. By virtue of the substantially exclusive and continuous use of the IDEAL

MARKET mark in connection with the goods and services described herein, Opposers have acquired and are the owners of common law, state statutory, and other trademark, service mark, trade name, and related rights to the IDEAL MARKET mark.

8. The doctrine of foreign equivalents applies to the term “IDEAL” and American buyers familiar with the Spanish, Portuguese, French, German, Romanian, Swedish, and/or

Turkish languages, would denote its English equivalent: “IDEAL”

Claim 1: Likelihood of Confusion under Trademark Act § 2(d)

9. Opposer repeats and realleges each and every allegation contained in paragraphs

1-8, inclusive, as if fully recited in this paragraph.

10. Applicant’s services identified in the ‘431 Application are identical to the services delivered by Opposers and are sold, distributed, or provided, or likely to be sold, distributed, or provided, through the same or commercially related channels of trade to the same or overlapping classes of purchasers, consumers or users.

11. Persons familiar with Opposers’ goods and services marketed under the IDEAL

MARKET mark, upon seeing advertisements (if any there be) for Applicant’s services sold, distributed, or provided under the IDEAL MARKET mark, would be likely to believe, and would be justified in so believing, that such services originated from Opposers or were produced in association, connection or affiliation with, or under sponsorship, approval or authorization by,

Opposers. Thus, the IDEAL MARKET mark, as used in connection with Applicant’s services, would lead persons familiar with the Opposers’ IDEAL MARKET mark to believe that

Applicant’s services are provided or originated by, sold or distributed in association, connection

or affiliation with, or under sponsorship, approval, authorization or license from Opposers.

12. It is likely that, and Opposers believe that, if Applicant is permitted to register the

IDEAL MARKET mark for the services identified in the ‘431 Application, confusion of the

trade and public would, or likely would, result by reason of Applicant’s use of a mark identical

to the IDEAL MARKET mark owned and used by Opposers. Such confusion would result in

damage and injury to Opposers. Customers, consumers and/or users familiar with the IDEAL

MARKET mark would be likely to purchase, consume, or otherwise use Applicant’s services,

believing them to originate from, be sponsored by, or be under license from Opposers. Any

defect, objection, fault, or adverse publicity in connection with Applicant’s services sold,

distributed or provided under the IDEAL MARKET mark would necessarily reflect on and

seriously injure the reputation that Opposers have established for the IDEAL MARKET mark.

13. If Applicant is granted a registration for the IDEAL MARKET mark for the

services identified in the ‘431 Application, it would obtain thereby at least prima facie exclusive

right to use the IDEAL MARKET mark in connection with such services. Such registration

would be a source of damage and injury to Opposers and Opposers’ customers.

14. Considering that the IDEAL MARKET mark that is the subject of the ‘431

Application is identical to the IDEAL MARKET mark owned and used by Opposers, and

considering that the services recited in the ‘431 Application are identical to the services delivered by Opposers and are highly related to the goods produced by Opposers, Applicant’s registration of the IDEAL MARKET mark is likely to cause confusion, or to cause mistake or to deceive as to the affiliation, connection, or association between the parties or as to the origin, sponsorship, or approval by Opposers of the Applicant’s services.

Claim 2: “Ideal Market” is merely a descriptive mark under § 2(e)(1) of the

Trademark Act, 15 U.S.C § 1052(e)(1)

15. Opposer repeats and realleges each and every allegation contained in paragraphs

1-8, inclusive, as if fully recited in this paragraph.

16. The term “IDEAL” as applied to retail bakery shops, retail delicatessen services, and/or retail grocery stores under Class 035 is merely a laudatory term describing the “Market” and rending the mark descriptive within the meaning of § 2(e)(1) as to the quality of the services, distribution channels, and/or goods applied for.

17. The word MARKET is a generic term for the identified retail services and channel, that is a MARKET. The word IDEAL merely describes the high quality of the

MARKET and the character of the services and goods found in the MARKET.

18. An IDEAL MARKET is a market that is perfect for the particular goods and services offered in trade.

19. IDEAL is a cognate word in the English and Spanish languages.

20. Consumers in the American market are likely to perceive “IDEAL MARKET” as a laudatory description of the services under International Class 035 “retail bakery shops; retail delicatessen services; retail grocery stores”. 21. “IDEAL” is the linguistic functional equivalent of excellent, highest, ultimate,

best, preferred, perfect, super, superb, et al. The laudatory nature of “IDEAL” is consistent

across many worldwide cultures and languages.

22. “IDEAL MARKET” is not a distinctive mark. American consumers do not

immediately associate “IDEAL MARKET” exclusively with Whole Food’s goods and services.

23. There are numerous grocers in the United States that use IDEAL MARKET, or a permutation of IDEAL and a grocery term, in Louisiana, Colorado, Kentucky, Nebraska,

Minnesota, Pennsylvania, Massachusetts, Connecticut, Rhode Island, New Jersey, and New

York.

24. There are over 50 grocery locations, not including Applicant’s, using IDEAL

MARKET, or a permutation of IDEAL and a grocery term, to market their grocery goods to the public in the United States.

25. There is an “IDEAL MARKET” operating in Pennsylvania since 1932.

26. There is an “IDEAL MARKET” operating in Nebraska which filed for and received a State trademark for “Ideal Grocery and Market” in May 5th, 1939.

27. If Applicant is granted a registration for the IDEAL MARKET mark for the services identified in the ‘431 Application, it would obtain thereby at least prima facie exclusive

right to use the IDEAL MARKET mark in connection with such services. Such registration

would foreclose a ubiquitous laudatory descriptor from the marketing lexicon used by grocers in

the United States to describe their goods and services for at least 80 years. 28. Considering that the “IDEAL MARKET” mark that is the subject of the ‘431

Application is merely a laudatory descriptor of Applicant’s applied for services and/or goods

registration must be denied in accordance with the Trademark Act.

WHEREFORE, Opposers, Kaki, Inc., and Muwafak H. Kaki, pray that after due proceedings are had, Applicant’s application Serial No. 86/457,431 be rejected, that registration by Applicant of the IDEAL MARKET mark for “retail bakery shops; retail delicatessen services; retail grocery stores” be denied and refused, and that this opposition be sustained.

Respectfully submitted this 30th day of May 2019.

DAVILLIER LAW GROUP, LLC

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing pleading was served via e-mail on May 30th, 2018 on Applicant’s counsel of record listed below:

Wendy C. Larson S. Erik Combs IV PIRKEY BARBER PLLC 600 Congress Avenue, Suite 2120 Austin, TX 78701 Telephone: (512) 322-5200 Facsimile: (512) 322-5201 [email protected] [email protected]

/s/ George R. Wentz, Jr.

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

Kaki, Inc., and Muwafak H. Kaki * Opposition No.: 91224191 Opposers * * Serial No. 86/457,431 v. * * * Proposed Mark: IDEAL MARKET Whole Foods Market IP, L.P. * Applicant

FIRST SECOND AMENDED NOTICE OF OPPOSITION

Kaki, Inc., a corporation organized under the laws of Louisiana, whose address is 2436

Ursulines Avenue, New Orleans, Louisiana, 70119, and Muwafak H. Kaki, an individual and

citizen of the United States, whose address is 2436 Ursulines Avenue, New Orleans, Louisiana,

70119, believe that they and all other grocers will be damaged by the grant of a registration to

Whole Foods Market IP, L.P.. for the proposed mark IDEAL MARKET as set forth in

Application Serial No. 86/457,431 and hereby oppose the same.

As grounds for opposition, Opposers allege as follows:

1. Applicant seeks to register the proposed mark IDEAL MARKET, in standard characters, in International Class 035 for services identified as “retail bakery shops; retail delicatessen services; retail grocery stores,” as evidenced by the filing of trademark application

Serial No. 86/457,431 (“the ‘431 Application”) on November 18, 2014 and the publication for opposition of the ‘431 Application on April 7, 2015.

2. Opposers are the owners of a common-law trademark consisting of the words

IDEAL MARKET used in connection with a variety of goods and services, including (but not

{DLG00054928.1 } limited to) grocery services, bakery services, delicatessen services, confectionary services, and related food items.

3. Opposers own and, through their ancestors-in-title, have continuously used the

IDEAL MARKET service mark in connection with the goods and services described herein since long before the November 18, 2014 filing date of the ‘431 Application.

4. Through the legal doctrine of “tacking” (referred to herein as the “tacking rule”),

Confectionary at the same 2436 Ursulines location from at least 1935.

45. Opposers own and, through the tacking rule and their ancestors-in-title, have continuously used the IDEAL MARKET service mark in connection with the services described herein since long before the 1940 date of first use and the 1940 date of first use in commerce recited in the ‘431 Application.

56. By virtue of the substantially exclusive and continuous delivery of the goods and services described herein under the IDEAL MARKET mark by Opposers and, through the tacking rule and their ancestors-in-title, persons familiar with such goods and services have come to recognize the IDEAL MARKET mark as an indication of a unique brand of goods and services. Consequently, Opposers have established valuable good will in the IDEAL MARKET mark.

{DLG00054928.1 } 67. By virtue of the substantially exclusive and continuous use of the IDEAL

8. The doctrine of foreign equivalents applies to the term “IDEAL” and American buyers familiar with the Spanish, Portuguese, French, German, Romanian, Swedish, and/or

Turkish languages, would denote its English equivalent: “IDEAL”

Claim 1: Likelihood of Confusion under Trademark Act § 2(d)

79. Opposer repeats and realleges each and every allegation contained in paragraphs

1-8, inclusive, as if fully recited in this paragraph.

811. Persons familiar with Opposers’ goods and services marketed under the IDEAL

Opposers. Thus, the IDEAL MARKET mark, as used in connection with Applicant’s services,

{DLG00054928.1 } would lead persons familiar with the Opposers’ IDEAL MARKET mark to believe that

Applicant’s services are provided or originated by, sold or distributed in association, connection

or affiliation with, or under sponsorship, approval, authorization or license from Opposers.

912. It is likely that, and Opposers believe that, if Applicant is permitted to register the

IDEAL MARKET mark for the services identified in the ‘431 Application, confusion of the trade and public would, or likely would, result by reason of Applicant’s use of a mark identical to the IDEAL MARKET mark owned and used by Opposers. Such confusion would result in damage and injury to Opposers. Customers, consumers and/or users familiar with the IDEAL

MARKET mark would be likely to purchase, consume, or otherwise use Applicant’s services, believing them to originate from, be sponsored by, or be under license from Opposers. Any defect, objection, fault, or adverse publicity in connection with Applicant’s services sold, distributed or provided under the IDEAL MARKET mark would necessarily reflect on and seriously injure the reputation that Opposers have established for the IDEAL MARKET mark.

1013. If Applicant is granted a registration for the IDEAL MARKET mark for the

services identified in the ‘431 Application, it would obtain thereby at least prima facie exclusive right to use the IDEAL MARKET mark in connection with such services. Such registration would be a source of damage and injury to Opposers and Opposers’ customers.

1114. Considering that the IDEAL MARKET mark that is the subject of the ‘431

Application is identical to the IDEAL MARKET mark owned and used by Opposers, and considering that the services recited in the ‘431 Application are identical to the services delivered by Opposers and are highly related to the goods produced by Opposers, Applicant’s registration of the IDEAL MARKET mark is likely to cause confusion, or to cause mistake or to deceive as

{DLG00054928.1 } to the affiliation, connection, or association between the parties or as to the origin, sponsorship, or approval by Opposers of the Applicant’s services.

Claim 2: “Ideal Market” is merely a descriptive mark under § 2(e)(1) of the

Trademark Act, 15 U.S.C § 1052(e)(1)

15. Opposer repeats and realleges each and every allegation contained in paragraphs

1-8, inclusive, as if fully recited in this paragraph.

17. The word MARKET is a generic term for the identified retail services and channel, that is a MARKET. The word IDEAL merely describes the high quality of the

MARKET and the character of the services and goods found in the MARKET.

18. An IDEAL MARKET is a market that is perfect for the particular goods and services offered in trade.

19. IDEAL is a cognate word in the English and Spanish languages.

{DLG00054928.1 } 21. “IDEAL” is the linguistic functional equivalent of excellent, highest, ultimate, best, preferred, perfect, super, superb, et al. The laudatory nature of “IDEAL” is consistent across many worldwide cultures and languages.

22. “IDEAL MARKET” is not a distinctive mark. American consumers do not immediately associate “IDEAL MARKET” exclusively with Whole Food’s goods and services.

23. There are numerous grocers in the United States that use IDEAL MARKET, or a permutation of IDEAL and a grocery term, in Louisiana, Colorado, Kentucky, Nebraska,

Minnesota, Pennsylvania, Massachusetts, Connecticut, Rhode Island, New Jersey, and New

York.

24. There are over 50 grocery locations, not including Applicant’s, using IDEAL

MARKET, or a permutation of IDEAL and a grocery term, to market their grocery goods to the public in the United States.

25. There is an “IDEAL MARKET” operating in Pennsylvania since 1932.

26. There is an “IDEAL MARKET” operating in Nebraska which filed for and received a State trademark for “Ideal Grocery and Market” in May 5th, 1939.

27. If Applicant is granted a registration for the IDEAL MARKET mark for the services identified in the ‘431 Application, it would obtain thereby at least prima facie exclusive right to use the IDEAL MARKET mark in connection with such services. Such registration would foreclose a ubiquitous laudatory descriptor from the marketing lexicon used by grocers in the United States to describe their goods and services for at least 80 years.

{DLG00054928.1 } 28. Considering that the “IDEAL MARKET” mark that is the subject of the ‘431

Application is merely a laudatory descriptor of Applicant’s applied for services and/or goods

registration must be denied in accordance with the Trademark Act.

Respectfully submitted this 430th day of September May 20182019.

DAVILLIER LAW GROUP, LLC

/s/ Charles F. Zimmer IIGeorge R. Wentz, Jr. George R. Wentz, Jr. Charles F. Zimmer II (La. 26759) Albert A. Thibodeaux 935 Gravier Street, Suite 1702 New Orleans, LA 70112 Phone 504.582.6998 | Fax 504.582.6985 Email: [email protected] Counsel for Opposers: Kaki, Inc., and Muwafak H. Kaki

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing pleading was served via e-mail on September 4May 30th, 2018 2019 on Applicant’s counsel of record listed below:

Wendy C. Larson S. Erik Combs IV PIRKEY BARBER PLLC

{DLG00054928.1 } 600 Congress Avenue, Suite 2120 Austin, TX 78701 Telephone: (512) 322-5200 Facsimile: (512) 322-5201 [email protected] [email protected]

/s/ George R. Wentz, Jr.Charles F. Zimmer II

{DLG00054928.1 }