| Serial Number | 79389290 |
| Word Mark | MANUKA HEALTH |
| Filing Date | Friday, November 17, 2023 |
| Status | 661 - RESPONSE AFTER NON-FINAL ACTION - ENTERED |
| Status Date | Wednesday, February 26, 2025 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | NOT AVAILABLE |
| Goods and Services | Flour and preparations made from cereals in the nature of breakfast cereal and cereal-based snack foods; sugar; breakfast cereals made from wheat, oats, rice all including honey; cereal-based energy bars; chewing gum; chocolate; chocolate covered nuts; chocolate powder; confectionery made of sugar; honey bakery desserts; honey based dressings for food; dried raw honey powder; honey based food condiments; gum sweets; non-medicated herbal honey lozenges being confectionery made of sugar; high-protein cereal bars; honey; honey based sauces for salads; ices; non-medicated lozenges; manuka honey; mints for breath freshening; muesli bars; natural honey; propolis for food purposes; raw honey; sweet spreads in the nature of royal jelly for food purposes; honey based sweet spreads; toffees; treacle; the aforementioned goods within this class being made from, or including Manuka honey. |
| Description of Mark | The mark consists of the stylized wording "MANUKA HEALTH" and design. The design consists of a stylized image of a hexagon formed by three interlocking lines. The design is centered above the wording "MANUKA HEALTH". The term "MANUKA" has a short horizontal line above the first letter "A" and centered below the term "MANUKA" is the term "HEALTH". |
| Goods and Services | Pharmaceutical preparations for skin care; acne treatment preparations; tissues or gauzes impregnated with antibacterial preparations; apitoxin for medicinal or therapeutic purposes; bee pollen for use as a dietary food supplement; bee venom for medicinal or therapeutic purposes; medicated cosmeceuticals, namely, cosmetics for the treatment of skin conditions, for therapeutic or medical purposes; cough lozenges; dietary and nutritional supplements; dietary drink mixes for nutritional purposes for use as performance enhancers; dietetic supplements with a cosmetic effect, namely, dietary and nutritional supplements used for skin health; effervescent vitamin tablets; gastro-intestinal treatment preparations; herbal remedies, namely, herbal supplements and medicinal herbal preparations; herbal supplements; liquid nutritional supplements; medical and surgical dressings; medicated lotions and creams for the body, skin, face, and hands; medicated throat sprays; nasal spray preparations; nutraceutical preparations for use as a dietary supplement for therapeutic or medical purposes; nutritional and dietary supplements for strengthening the immune system; nutritional supplement drinks; topical nutritional supplement gels; nutritional supplement food bars; nutritional supplements in capsule form; nutritional supplements in tablet form; pharmaceutical preparations for skincare; pharmaceutical preparations for skin wounds; powdered nutritional supplements; processed bee pollen for medicinal or therapeutic purposes; propolis dietary supplements; propolis for medicinal or therapeutic purposes; royal jelly for nutritional supplement; royal jelly for pharmaceutical purposes; soporifics; syrups for pharmaceutical purposes for the treatment of sore throats, coughs, and cold symptoms; throat lozenges; tissues or gauzes impregnated with antibacterial lotions; tissues and wipes impregnated with pharmaceutical lotions and creams; topical pharmaceutical preparations for the treatment of skin wounds and skin conditions; vitamin and mineral supplements; weight management supplements; dental polish; the aforementioned goods within this class being made from, or including Manuka honey. |
| Section 2(f) Limitation Statement | MANUKA HEALTH has become distinctive of the goods/services, as demonstrated by the attached evidence. MANUKA HEALTH has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement. |
| Goods and Services | Anti-aging non-medicated skincare preparations; antiperspirant and deodorants for personal use; non-medicated skin creams for use in aromatherapy; bath and shower cosmetic preparations; beauty care cosmetics; beauty masks; beauty serums; bee venom for cosmetic purposes, not for medical purposes; breath fresheners in the nature of breath freshening strips and sprays; skin cleansing cream and moisturizing creams, oils, lotions and preparations; colognes; cosmetic non-medicated acne creams; cosmetic creams and lotions for face and body care and hair care; cosmetic masks; cosmetics and non-medicated toiletry preparations; cotton wool and cotton sticks for cosmetic purposes; dentifrices; essential oils for personal use; hair care and hair cleaning preparations; hair masks; hair shampoos and conditioners; non-medicated hand washing preparations; non-medicated herbal cosmetics; non-medicated lip care preparations; lip cosmetics, namely, non-medicated lip balms; non-medicated liquid soaps; make-up and make-up removing preparations; mouthwashes, not for medical purposes; non-medicated personal and body care preparations in the nature of deodorants, face and body cleansers and moisturizers, and body mist; non-medicated toilet preparations; non-medicated oils, creams, balms and lotions for the skin; non-medicated oral care preparations; perfumery, aromatic essential oils, cosmetics, hair lotions; perfumes, including fragrances for household purposes; shaving foam, shaving gel, pre-shaving and after-shaving lotions; pre-moistened cleansing wipes, pads or tissues impregnated with cleaning preparations for cosmetic use; cosmetic preparations for the care of the mouth and the teeth; cosmetic skin care products namely, creams, lotions, gels, toners, cleansers and serums; non-medicated soaps and cleansing gels for cosmetic purposes; non-medicated sun care lotions; non-medicated sun-tanning and sun protection preparations; non-medicated throat sprays; pre-moistened cosmetic tissues or wipes; tooth powder; toothpaste; the aforementioned goods within this class being made from, or including Manuka honey. |
| International Class | 003 - Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. |
| US Class Codes | 001, 004, 006, 050, 051, 052 |
| Class Status Code | 6 - Active |
| Class Status Date | Saturday, February 24, 2024 |
| Primary Code | 003 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 005 - Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. |
| US Class Codes | 005, 006, 018, 044, 046, 051, 052 |
| Class Status Code | 6 - Active |
| Class Status Date | Saturday, February 24, 2024 |
| Primary Code | 005 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 030 - Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces (condiments); spices; ice. |
| US Class Codes | 046 |
| Class Status Code | 6 - Active |
| Class Status Date | Saturday, February 24, 2024 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | MANUKA HEALTH NEW ZEALAND LIMITED |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | NZ |
| Event Date | Event Description |
| Thursday, February 15, 2024 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Saturday, February 24, 2024 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, June 25, 2024 | NON-FINAL ACTION WRITTEN |
| Wednesday, February 28, 2024 | APPLICATION FILING RECEIPT MAILED |
| Saturday, June 22, 2024 | ASSIGNED TO EXAMINER |
| Wednesday, June 26, 2024 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Sunday, August 4, 2024 | REFUSAL PROCESSED BY IB |
| Monday, October 7, 2024 | REFUSAL PROCESSED BY IB |
| Wednesday, July 17, 2024 | REFUSAL PROCESSED BY MPU |
| Wednesday, July 17, 2024 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Wednesday, September 4, 2024 | NON-FINAL ACTION WRITTEN |
| Wednesday, February 26, 2025 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, February 26, 2025 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, February 26, 2025 | TEAS/EMAIL CORRESPONDENCE ENTERED |