LKK Health Products Group Limited

Trademark Trial and Appeal Board

Oct 9, 2020

88161010 (T.T.A.B. Oct. 9, 2020)

THIS ORDER IS NOT A
PRECEDENT OF THE TTAB

Mailed: October 9, 2020

UNITED STATES PATENT AND TRADEMARK OFFICE
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Trademark Trial and Appeal Board
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In re LKK Health Products Group Limited
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Serial Nos. 88160772, 88160995, 88161010,
88161037, 88161043, 88161047
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Charles P. LaPolla of Amster, Rothstein & Ebenstein LLP,
for LKK Health Products Group Limited.

Laura D. Golden, Trademark Examining Attorney, Law Office 103,
Stacy Wahlberg, Managing Attorney.
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Before Zervas, Wolfson and Lynch,
Administrative Trademark Judges.

By Wolfson, Administrative Trademark Judge:
LKK Health Products Group Limited (“Applicant”) seeks registration of the mark
ORIHERB (in standard characters) on the Principal Register for various vitamins,
minerals and supplements in International Class 5.1 Applicant also seeks registration

1 Application Serial No. 88161010 was filed on October 18, 2018 under Section 1(b) of the
Trademark Act, 15 U.S.C. § 1051(b), based on Applicant’s allegation of its bona fide intent to
use the mark in commerce.

Serial Nos. 88161010, 88161043, 88161047, 88160772, 88160995, 88161037
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of the composite marks depicted below:2
Serial No. Mark
88160772
Filed under § 1(b)

88160995
Filed under § 1(b)

88161043
Filed under § 1(b)

88161047
Filed under § 1(b)

88161037
Filed under § 1(b)

Each application includes the following goods in International Class 5.
Vitamin preparations; cod liver oil; tonics being medicines,
namely, pharmaceutical preparations for the treatment of
immune diseases, disorders of immune system and skin
diseases; medicinal drinks; dietary fiber being dietary
supplements; royal jelly for medicinal use; ginseng for medicinal
use; dried goji berry for medicinal use, namely, medical herbs in
dried form; starch for pharmaceutical purposes; starch for

2 The composite marks were also filed on October 18, 2018 under Trademark Act Section 1(b).
Serial Nos. 88161010, 88161043, 88161047, 88160772, 88160995, 88161037
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dietetic purposes, adapted for medical use; asthmatic tea;
medicinal tea; by-products of the processing of cereals for
medical purposes; by-products of the processing of cereals for
dietetic purposes, adapted for medical purposes; slimming pills,
namely, medicinal preparations for slimming purposes;
antioxidant pills, namely, nutritional supplements containing
antioxidants; slimming tea for medical purposes;
pharmaceutical preparations for skin care; dietetic substances
being dietetic food, namely, pasta and crackers adapted for
medical use; mineral food supplements; nutritional
supplements; albumin dietary supplements; flaxseed dietary
supplements; flaxseed oil dietary supplements; wheat germ
dietary supplements; royal jelly dietary supplements; propolis
dietary supplements; pollen dietary supplements; enzyme
dietary supplements; glucose dietary supplements; lecithin
dietary supplements; alginate dietary supplements; casein
dietary supplements; protein dietary supplements; food for
babies; depuratives, namely, purgatives; dietary supplements
for animals; pesticides; antisepsis paper, namely, antiseptic
wipes; medicine health bag being medicinal herbs for general
health and well-being contained in a small bag; rubber for
dental purposes; diapers for pets; medicinal herbs; malted milk
drinks for medicinal purposes; tortoise herb jelly for medicinal
purposes; medicated confectionery.”3
Four of these proceedings were consolidated on August 24, 2020.4 Because the
additional two proceedings involve common questions of law and fact, we hereby
consolidate all six cases.

3 Applicant has described the marks that include Chinese characters as consisting “of three
Chinese characters appearing above the term ‘oriherb’ in stylized font. The third Chinese
character is enclosed in a circle with a cloud motif appearing inside the lower right edge of
the circle.” The composite mark without Chinese characters is described as “the term ‘oriherb’
in stylized characters. The letter ‘b’ is enclosed in a circle with a cloud motif appearing inside
the lower right edge of the circle.” Color is not claimed as a feature in any of the marks.
The transliteration statement in the marks with Chinese characters is: “The non-Latin
characters in the mark transliterate to ‘Yang,’ ‘Gu’ and ‘Jian’ and this means ‘foster, raise’;
‘firm, stable’; ‘strong, be good at’ respectively in English.”
4 Serial Nos. 88160772, 88160995, 88161043, and 88161047.
Serial Nos. 88161010, 88161043, 88161047, 88160772, 88160995, 88161037
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The Examining Attorney refused registration of all marks under Trademark Act
Section 2(d), 15 U.S.C. § 1052(d), based on a prior registration for the mark depicted
below for “cosmetics; non-medicated skin care preparation” in International Class 3
and “dietary supplements” in International Class 5:5

When the refusals were made final, Applicant filed a Request for Reconsideration
in each case and appealed to this Board. Following denials of Applicant’s Request for
Reconsideration, the appeals resumed.6
It has come to the attention of the Board that a petition to cancel Reg. No. 5450131
was filed on September 11, 2020, by an unrelated third party. The cancellation
proceeding was instituted on September 15, 2020, under Can. No. 92075205.
Registrant is allowed until October 25, 2020 to file an answer in that case.
In view of the change in status of the cited registration, proceedings are hereby
suspended pending final disposition of Can. No. 92075205. See TRADEMARK BOARD
MANUAL OF EXAMINING PROCEDURE (TBMP) § 1213 (2020) (Board may “sua sponte

5 Reg. No. 5450131 issued April 17, 2018. The description of the mark reads: “The mark
consists of the stylized letters ‘ORI’ stacked above the words [sic] ‘HEALTHY’. There is a line
coming out of the letter ‘O’ in ‘ORI’.” The term “HEALTHY” is disclaimed. Color is not claimed
as a feature of the mark.
6 Each application includes goods in International Classes 5 and 30. The refusals are directed
to those goods in International Class 5 only, based on the inclusion of “dietary supplements”
in the goods of the cited registration.
Serial Nos. 88161010, 88161043, 88161047, 88160772, 88160995, 88161037
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suspend proceedings if the Board is aware of a pending civil action, an appeal of a
Board decision, or a Board inter partes proceeding or another appeal that may be
dispositive of or have a direct bearing on the issues in the appeal.”).
If Applicant wishes the Board to render a decision now (in which case the cited
registration must be treated as existing and valid and the pending cancellation will
have no bearing on the decision), Applicant should so advise the Board within twenty
days of this suspension order.
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