Attorney Ref. No. 27694019 TRADEMARK LAW OFFICE 105
Serial No. 77/688,398
Mark: SHANG AND DESIGN

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

____________________________________________________ .._X

In re Application of Shang Licensing, LLC

Serial No. 77/688,398 RESPONSE TO OFFICE ACTION
DATED JUNE 9, 2009
Filed: March 11, 2009

For Mark: SHANG AND DESIGN
___________________________________________________
_ __x

Commissioner for Trademarks
PO. Box 1451
Alexandria, VA 22313-1451

Attention: Anne Farrell, Trademark Examining Attorney
Law Of?ce 105

Shang Licensing, LLC (“Applicant”) respectfully submits this response to the Of?ce

Action dated June 9, 2009 in connection with the above-identi?ed trademark application.

REMARKS

The Examining Attorney has preliminarily refused Applicant’s application under

Trademark Act Section 2(d), 15 U.S.C. § 1052(d) on the ground that Applicant’s mark SHANG

AND DESIGN is likely to be confused with Registration No. 3,608,921 for the mark SHANG

NOODLE HOUSE (the “Cited Registration”). In addition, the Examining Attorney has cited the

following pending applications (the “Cited Applications”) as potential bars to Applicant’s

application under Trademark Act Section 2(d) on the ground that these marks are likely to be

confused with Applicant’s mark SHANG AND DESIGN if they mature to registration:

27694/000/1125622.2
Attorney Ref. No. 27694.019 TRADEMARK LAW OFFICE 105
Serial No. 77/688,398
Mark: SHANG AND DESIGN

Serial No. Class/Services _|
SHANG 78/563,834 43: Bar, café, cafeteria, snack bar, coffee shop, restaurant and
PALACE catering services; providing information relating to restaurants
and bars online from a computer database or via the internet or
extranets; provision of information, consultancy and advisory
services in the ?elds of eating establishments and catering
77/625,122 43: Restaurant and bar services

Applicant notes that the Cited Application for the mark SHANG PALACE (Serial No.

78/563,834), which is not owned by the owner of the SHANG NOODLE HOUSE registration,

was published for opposition on July 25, 2006, and was allowed on October 17, 2009. (A status

printout from the USPTO website is attached as Exhibit A.) Hereinafter, Applicant refers to the

marks covered by the Cited Registrations and the Cited Applications individually and

collectively as the “Cited Marks.”

The Examining Attorney has concluded that Applicant’s mark is likely to be confused

with the Cited Mark SHANG NOODLE HOUSE because of the “similarity of the marks and the

services.” The Examining Attorney has also stated that Applicant’s mark may be confused with

the Cited Mark SHANG PALACE and the Cited Mark UP. Applicant respectfully disagrees

with the Examining Attorney for the reasons set forth below.

I. There Is No Likelihood Of Confusion Between Applicant’s Mark And The
Cited Marks SHANG NOODLE HOUSE and SHANG PALACE

Confusion is not likely between Applicant’s mark SHANG AND DESIGN and the Cited

Marks SHANG NOODLE HOUSE and SHANG PALACE because the respective marks create

different commercial impressions. As noted by the Examining Attorney, the issue of likelihood

of confusion turns on whether marks are confusingly similar in their overall commercial

impressions. In re E.I. DuPont de Nemours & C0,, 177 U.S.P.Q. 563 (C.C.P.A. 1973); Stou?er

2
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Attorney Ref. No. 27694.019 TRADEMARK LAW OFFICE 105
Serial No. 77/688,398
Mark: SHANG AND DESIGN

Corp. v. Health Valley Natural Foods Inc., 1 U.S.P.Q.2d 1900, 1903 (T.T.A.B. 1986). The

marks in question must be viewed in their entireties, giving each component of the marks

appropriate weight in determining the likelihood of confusion, rather than dissecting them into

their component parts. T.M.E.P. § 1207.01(c)(ii); See, e.g., Mr. Hero Sandwich Systems, Inc. v.

Roman Meal Company, 228 U.S.P.Q. 364 (Fed. Cir. 1986) (ROMANBURGER not confusingly

similar to ROMAN or ROMAN MEAL); Marshall Field + Co. v. Mrs. Fields Cookies, 25

U.S.P.Q. 2d 1321 (T.T.A.B. 1992) (MRS. FIELDS not confusingly similar to FIELDS or

MARSHALL FIELDS). In re Hearst Corp, 25 U.S.P.Q.2d 1238, 1239 (Fed. Cir. 1992); Steve’s

Ice Cream, Inc. v. Steve’s Famous Hot Dogs, 3 U.S.P.Q.2d 1477 (T.T.A.B. 1987).

Furthermore, a design is viewed, not spoken, and a stylized letter design cannot be treated

simply as a word mark. See In re Burndy Corp, 300 F.2d 938, 940 (Fed. Cir. 1985). Both

visual and oral indicia must be weighed in the case of stylized letter marks. See In re Electrolyte

Laboratories Inc, 16 U.S.P.Q.2d 1239, 1240 (Fed. Cir. 1990). In Electrolyte, the court held that

the mark K+EFF (combining K+, the chemical symbol for potassium, with “EFF” an

abbreviation for “effervescent”) for an effervescent dietary potassium supplement and the mark

K+ AND DESIGN for a non-effervescent dietary potassium supplement were not confusingly

similar even when used in similar channels of trade, based on distinct differences in their overall

. commercial impressions. Id. at 1240.

It is axiomatic that a mark should not be dissected and considered piecemeal; rather it

must be considered as a whole in determining likelihood of confusion. This “anti-dissection”

rule is based upon the theory that it is the whole mark, rather than its component parts, which

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Attorney Ref. No. 27694019 TRADEMARK LAW OFFICE 105
Serial No. 77/688,398
Mark: SHANG AND DESIGN

makes a commercial impression on the average consumer. See, e. g., J. Thomas McCarthy

TRADEMARKS AND UNFAIR COMPETITION, § 23.15(1)(a) (4th ed. 1996) (citing

cases):

A mark should not be dissected or split up into its component
parts and each part then compared with corresponding parts of
the con?icting mark to determine the likelihood of confusion. It
is the impression that the mark as a whole creates on the average
reasonably prudent buyer and not the parts thereof, that is
important.

Under the overall impression analysis, there is no rule that confusion is automatically

likely if a junior user has a mark that contains in part the whole of another’s mark. See, e. g.,

Colgate Palmolive Co. v. Carter— Wallace, Inc, 432 F.2d 1400 (C.C.P.A. 1970) (PEAK

PERIOD for deodorant not confusingly similar to PEAK for dentifice); In re Merchandising

Motivation, Inc, 184 U.S.P.Q. 364 (T.T.A.B. 1974) (MMI MENSWEAR for fashion

consulting services not confusingly similar to MEN’S WEAR for a magazine); Plus Products

v. General Mills, Inc, 188 U.S.P.Q. 520 (T.T.A.B. 1975) (PROTEIN PLUS for breakfast

cereal not confusingly similar to PLUS for vitamins); Miguel Torres SA. v. Cantine

Mezzacorona S. C.A.R.L., 52 U.S.P.Q.2d 1557 (E.D.Va. 1999) (CORONAS for Wine not

confusingly similar to MEZZACORONA for wine); Bell Laboratories, Inc. v. Colonial

Products, Inc, 644 F. Supp. 542 (SD. Fla. 1986), (FLIP for pesticides not confusingly

similar to FINAL FLIP for pesticides); Gruner + Jahr USA Publishing v. Meredith Corp,

991 F.2d 1072, 26 U.S.P.Q.2.d 1583 (2d Cir. 1993) (PARENTS for magazines not

confusingly similar to PARENTS DIGEST for magazines); Mr. Hero Sandwich Systems, Inc.

27694/000/1 1256222
Attorney Ref. No. 27694019 TRADEMARK LAW OFFICE 105
Serial No. 77/688,398
Mark: SHANG AND DESIGN

v. Roman Meal Ca, 781 F.2d 884, 228 U.S.P.Q. 364 (Fed Cir. 1986) (ROMAN for breakfast

and other foods not confusingly similar to ROMANBURGER for sandwiches).

For example, in Steve ’s Ice Cream, Inc, the Trademark Trial and Appeal Board

(“TTAB”) found that the mark STEVE’S & DESIGN (for restaurant services) has a distinct

commercial impression from STEVE’S in block letters (for retail ice cream store services and for

ice cream for consumption on or off premises), and that there would be no likelihood of

confusion between the marks. 3 U.S.P.Q.2d 1478-1479. Similarly, in In re Broadway Chicken,

Inc., the TTAB found no likelihood of confusion between the mark BROADWAY CHICKEN

and BROADWAY PIZZA for restaurant services, 38 U.S.P.Q. 2d 1559 (T.T.A.B. 1996). See

also, Brennan ’5, Inc. v. Brennan ’5 Restaurant, L.L.C., 69 U.S.P.Q.2d 1939 (2d Cir. 2004) (N0

likelihood of confusion between BRENNAN’S and TERRANCE BRENNAN’S SEAFOOD &

CHOP HOUSE both for restaurant services). Likewise, the marks at issue here, when considered

in their entireties, create distinct commercial impressions and confusion is therefore unlikely.

A. Differences Among the Marks

Here, Applicant’s mark SHANG AND DESIGN and the Cited Marks SHANG NOODLE

HOUSE and SHANG PALACE share only the common term SHANG. The only meaning of the

word “shang” in English is as the name of the well-known Chinese dynasty (traditionally dated

1766-1122 BC.) whose reign was marked by a highly developed social structure, advanced

writing, and the use of bronze. See Exhibit B. Moreover, there are obvious differences between

Applicant’s mark and the Cited Marks. The appearance, sound, sight, and connotation of the

word portion of Applicant’s mark SHANG AND DESIGN differs signi?cantly from the

27694/000/1125622.2
Attorney Ref. No. 27694019 TRADEMARK LAW OFFICE 105
Serial No. 77/688,398
Mark: SHANG AND DESIGN

appearance, sound, sight and connotation of the word portion of the Cited Marks SHANG

NOODLE HOUSE and SHANG PALACE. These Cited Marks are composite marks that

combine the words NOODLE and HOUSE with the word SHANG and the word PALACE with

the word SHANG, respectively. By contrast, the Applicant’s mark is a composite mark that

combines the word SHANG with a distinctive Chinese character. Consequently, each mark has

an entirely different appearance, connotation and sound.

In addition to the aforementioned differences between the word portions of Applicant’s

mark and the Cited Marks SHANG NOODLE HOUSE and SHANG PALACE, the stylization

and design portion of Applicant’s mark creates a distinctive commercial impression. Applicant’s

mark SHANG AND DESIGN is a composite mark consisting of a large stylized Chinese

character above the word SHANG. The Chinese character is larger than any one of the

individual characters of the word SHANG and is very prominent in its placement above the word

SHANG. Further, the bottom portion of the letters “S,” “A,” “N,” and “G” are cutoff, resulting

in a very distinctive stylization. Moreover, there is an unusual amount of space between each

letter, which deemphasizes the word portion of the mark and places greater emphasis on each

individual character of the mark, as well as the Chinese character at the top of the mark. In

contrast to the SHANG AND DESIGN mark, the Cited Marks do not contain any design

elements. These differences are particularly relevant given the fact that, as discussed below,

there are many other SHANG formative marks in the food and restaurant ?elds.

27694/000/1125622.2
Attorney Ref. No. 27694.019 TRADEMARK LAW OFFICE 105
Serial No. 77/688,398
Mark: SHANG AND DESIGN

Therefore, the totality of the differences between Applicant’s mark SHANG AND

DESIGN and the Cited Marks SHANG NOODLE HOUSE and SHANG PALACE obviates any

likelihood of confusion between Applicant’s mark and the Cited Marks.

B. Applicant’s Mark Should Be Allowed To Co-Exist With The Cited Marks
SHANG NOODLE HOUSE And SHANG PALACE

The number and nature of similar marks in use on similar goods/services helps determine

that the Cited Marks are weak and not entitled to a broad scope of protection. In re Hamilton

Bank, 222 U.S.P.Q. 174 (T.T.A.B. 1984); In re Dayco Products-Eaglemotive, Inc., 9 U.S.P.Q. 3d

1910 (T.T.A.B. 1988). Further, evidence of third-party registrations shows that others in a

particular area of commerce have adopted and registered marks incorporating a particular word

or phrase, thus, suggesting that consumers are not confused as a result of common terms, and

that the remaining portions of the respective marks are suf?cient to distinguish the marks as a

whole from one another. American Hosp. Supply Corp. v. Air Prods. & Chems. Inc., 194

U.S.P.Q. 340 (T.T.A.B. 1977).

As set forth above, the United States Patent and Trademark Of?ce (the “USPTO”)

approved for publication the Cited Mark SHANG PALACE. Further, the owner of the Cited

Mark SHANG NOODLE HOUSE did not oppose registration of the mark SHANG PALACE.

Applicant respectfully submits that if the Cited Mark SHANG PALACE can coexist on

the register with the Cited Mark SHANG NOODLE HOUSE for related services in Class 43,

then the Applicant’s mark SHANG AND DESIGN should also be allowed to coexist on the

register with these Cited Marks; the consuming public will be able to distinguish among these

marks, especially given the aforementioned differences between the marks.

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Attorney Ref. No. 27694019 TRADEMARK LAW OFFICE 105
Serial No. 77/688,398
Mark: SHANG AND DESIGN

Furthermore, not only do the Cited Marks SHANG NOODLE HOUSE and SHANG

PALACE co-exist with one another, they also coexist with multiple other marks containing the

word SHANG in connection with goods and/or services broadly related to the restaurant and

food industries as set forth below:

Mark Reg. No. Class/Goods and Services

I—SHANG TEA 77-472916 30: White tea, red tea, green tea, black tea,
PREMIUM jasmine tea, herbal tea, fruit tea.
LOOSE LEAF
TEAS
‘EHANG PIN 2,995,002 31; fresh vegetables.
THANG PIN J 2,989,778 29: Meat; cut fruits and vegetables.

SHANG PIN 2,995,001 3: Soap; multi-purpose cleaners; ?oor and wall
cleaners and polishes; cleansers for restroom
?xtures; oven cleaners; grill cleaners; deep
fryer cleaners; multi-purpose institutional
degreasing cleaning preparations; ?atware
detergents, laundry detergents; presoak
preparations for cleaning ?atware; rinse
additive for use in kitchen utensils; ?atware,
tableware; delimers; stain removers.
SHANG CHI: 2,762,000 16: Publications, namely comic books and
MASTER OF comic magazines and stories in illustrated form
KUNG FU featured in books and magazines.
SHANG PIN 2,891,876 30: Fortune cookies.
SHANG HIGH 3,661,406 3: Hair care products, namely, shampoos,
conditioners and styling preparations, and skin
creams and body lotions.
SHANG PIN _‘ 3,460,022 35: Retail store services featuringlfurniture,
including but not limited to antique furniture.

Attached as Exhibit C are status printouts of the above marks from the USPTO website.

27694/000/1125622.2
Attorney Ref. No. 27694.019 TRADEMARK LAW OFFICE 105
Serial No. 77/688,398
Mark: SHANG AND DESIGN

This coexistence indicates that the Cited Marks are not entitled to the broad scope of

protection afforded by the Examining Attorney, and that purchasers will be able to differentiate

between the respective marks based upon differences between the marks and the sophistication

of consumers. It can also be inferred from these coexisting marks that both the public and a

number of knowledgeable and experienced business people, including the owners of the Cited

Marks, are able to distinguish between the various SHANG marks, which can be used and

registered side-by—side without a likelihood of confusion, provided that there is some difference

between the marks as a whole. Just as the registered and allowed SHANG marks can co-exist

without a likelihood of confusion by the public, customers will be able to continue to distinguish

between the Applicant’s mark as well.

II. There is N0 Likelihood Of Confusion Between Applicant’s Mark And The Cited
Mark UP

As set forth above, the Examining Attorney has indicated that the Cited Mark UP, Serial

No. 77/625,122, is likely to be confused with Applicant’s mark. Applicant respectfully submits,

however, that no likelihood of confusion exists between Applicant’s mark and the Cited Mark

UP.

As set forth more fully below, the doctrine of foreign equivalents should not be applied in

the instant case as even a potential bar to registration of Applicant’s mark. In the event that the

doctrine of foreign equivalents is applied, however, a comparison of Applicant’s mark and the

Cited Mark UP reveals that nothing about their respective connotations, appearances or sounds

render Applicant’s mark confusingly similar to the Cited Mark UP.

27694/000/1125622.2
Attorney Ref No. 27694.019 TRADEMARK LAW OFFICE 105
Serial No. 77/688,398
Mark: SHANG AND DESIGN

A. The Doctrine of Foreign Equivalents Has No Applicability

“[T]he doctrine of foreign equivalents is not an absolute rule and should be viewed

merely as a guideline.” Palm Bay Imports, Inc. v. Veuve Clicquot Ponsardz’n Maison Fo
ndee En

I 772, 396 F.3d 1369, 1377 (Fed. Cir. 2005). Applicant respectfully submits, however, that such

doctrine should not be applied in this examination of Applicant’s mark since the doctrine
only

applies “when it is likely that the ordinary American purchaser would stop and translate [the

word] into its English equivalent.” Id. In this instance, the term “ordinary American purc
haser”

refers to one who is knowledgeable in, presumably, Chinese. See In re Thomas, 79 U.S.
P.Q.2d
1021, 1024 (T.T.A.B. 2006) (“ordinary American purchaser . . . refers to the ordinary Am
erican

purchaser who is knowledgeable in the foreign language”).

There is no basis even to presume that the ordinary American purchaser who is

knowledgeable in Chinese “would stop and translate” any of the SHANG Marks — which
are
registered in connection with restaurant and food—related services — into any “English

equivalent,” particularly the word “UP.” Indeed, it is recognized that “there are foreig
n

expressions that even those familiar with the language will not translate, accepting the te
rm as it

is.” In re Tia Maria, Inc, 188 U.S.P.Q. 524, 525 (T.T.A.B. 1975) (?nding that consumer
s will

not translate TIA MARIA as the name of a Mexican restaurant because the marketplace make
s it

unfeasible for them to do so). See also In re Pan Tex Hotel Corp, 190 U.S.P.Q. 109, 11
0

(T.T.A.B. 1976) (?nding that consumers are unlikely to translate LA POSADA when us
ed as the

name of a motor hotel into its English equivalent of “the inn,” because “la posada” create
sa

different commercial impression in English than it does in Spanish).

10
27694/000/1125622.2
Attorney Ref. No. 27694019 TRADEMARK LAW OFFICE 105
Serial No. 77/688,398
Mark: SHANG AND DESIGN

Further, the commercial setting of a restaurant in which the Cited Mark UP is used

provides no impetus for consumers to translate the UP Mark into Chinese, or conversely, to

translate the Applicant’s mark into English. It is unlikely that the ordinary purchaser of

restaurant services would do so, let alone decisively settle on “UP” as the sole translation of the

term SHANG, given the existence of multiple English translations that would equally apply.

Thus, just like the Mexican restaurant at issue in Tz’a Maria, which bore a Spanish mark that was

found not likely to be translated, so too is SHANG for a hi gh-end restaurant unlikely to be

translated in the instant case. Tia Maria, 188 U.S.P.Q. at 525-26. See also Continental Nut Co.

v. Le Cordon Bleu, 494 F.2d 1395, 1396 (C.C.P.A. 1974) (declining to apply the doctrine of

foreign equivalents where the words “blue ribbon” and “cordon bleu” do not have the same

signi?cance to the American public based on dictionary de?nitions, and they create distinct

commercial impressions).

Furthermore, it is unlikely that the ordinary American purchaser who is knowledgeable in

Chinese and encounters the Cited Mark UP would take the next step of thinking of Applicant’s

SHANG restaurant and wonder if it originates from, or is sponsored by, the owner of the Cited

Mark. Believing that consumers knowledgeable in Chinese would do so “stretches a person’s

credulity much too far.” Tia Maria, 188 U.S.P.Q. at 525.

As a result, the discretionary doctrine of foreign equivalents should not be applied here,

and Applicant’s mark should be entitled to registration.

11
27694/000/1125622.2
Attorney Ref. No. 27694.019 TRADEMARK LAW OFFICE 105
Serial No. 77/688,398
Mark: SHANG AND DESIGN

B. Even If The Doctrine Of Foreign Equivalents Is Applied, There Is
No Likelihood Of Confusion Between The Parties’ Respective Marks

As previously noted, “the doctrine of foreign equivalents is not an absolute rule and

should be viewed merely as a guideline.” Palm Bay Imports, 396 F.3d at 1377. Under the

doctrine of foreign equivalents, to ascertain confusing similarity between a foreign mark and a

mark consisting of its alleged English equivalent, the Examining Attorney must engage in “the

sound, sight, and meaning trilogy of analysis.” Horn ’s Inc. v. Sano? Beaute, Inc, 963 F. Supp.

318, 323 (S.D.N.Y. 1997). Upon analyzing marks in terms of these three factors, examination

may then turn to a consideration of other foundational factors, such as similarity of the goods or

services to which the marks are applied. In re Buckner Enter. Corp, 6 U.S.P.Q.2d 1316, 1317

(T.T.A.B. 1987). In this case, the parties’ respective marks are not exact synonyms, look nothing

alike, and sound nothing alike.

1. Connotations Of The Marks

Although not speci?cally stated, the Examining Attomey’s potential refusal to register

Applicant’s mark is probably based on the incorrect assumption that Applicant’s mark

necessarily translates to the word “UP” in English and that this renders Applicant’s mark

confusingly similar to the cited Mark UP in terms of connotation or meaning. The Chinese word

“SHANG” has multiple English translations, only one of which is “UP.” See Exhibit D.

Moreover, as set forth above, its principle meaning in English is of the SHANG dynasty. See

Exhibit B.

The case of Buckner is instructive on this point since, in that case, the Board reversed a

refusal to register the mark DOVE for fuel burning stoves and furnaces where the Spanish mark

12
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Attorney Ref. No. 27694.019 TRADEMARK LAW OFFICE 105
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Mark: SHANG AND DESIGN

PALOMA for gas heaters and gas heating furnaces was already registered. In re Buckner, 6

U.S.P.Q.2d at 1317. In analyzing the meaning or connotation of the word “paloma,” the Board

found that, although it could translate to the English word “dove,” it could also mean “pigeon.”

Id. Thus, because “paloma” had a broader meaning than “dove,” the words were found not to be

exact synonyms, and, therefore, the Board did not ?nd the connotation prong of analysis to

weigh in the registrant’s favor either, but instead, in favor of the applicant. Id.

Just as the meaning of “paloma” is broader than “dove,” so too is the meaning of “shang”

broader than “UP,” rendering them not exact synonyms. Accordingly, the connotation prong of

analysis weighs in favor of Applicant, rather than the Cited Mark UP.

In addition, it is noteworthy that the USPTO has not cited any of the existing SHANG

marks set forth above against the Cited Mark UP.

2. Appearances of the Marks

Similarity in connotation or meaning is not enough to support a finding of likelihood of

confusion under the doctrine of foreign equivalents. Indeed, the Examining Attorney must

weigh similarity in connotation against any dissimilarity in appearance and sound to support a

?nding of likelihood of confusion. In re Sarkli, Ltd., 721 F.2d 353, 354 (Fed. Cir. 1983).

Therefore, in the instant case, the Examining Attorney would be required to analyze whether the

parties’ respective marks look alike. Id.; see also In re L ’Oreal SA, 222 U.S.P.Q. 925, 926

(T.T.A.B. 1984) (“The similarity in connotation must be viewed as but a single factor in the

overall evaluation of likelihood of confusion”). If the Examining Attorney does so, it will be

13
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Mark: SHANG AND DESIGN

clear that there is no similarity in appearance between Applicant’s mark and the Ci
ted Mark UP.

Accordingly, this factor also weighs in favor of Applicant.

3. Sounds of the Marks

Just as there is no similarity in their respective connotations or appearances, there
is no
similarity in the sounds of the respective marks. Indeed, SHANG and UP sound no
thing alike,
and, thus, this factor also weighs in favor of Applicant.

C. Other “SHANG” and “UP” Marks Coexist On The Register

As set forth above, the USPTO has registered, or at least found no similar regi
stered or

pending mark that would bar registration for, numerous marks comprised of SHAN
G for similar
or related goods and services. Further the USPTO did not cite any of the prior re
gistrations or

pending application for the Cited Marks SHANG NOODLE HOUSE or SHANG
PALACE

against the pending application for the Cited Mark UP. As such, the Examining
Attorney should

similarly allow Applicant’s mark and the Cited Mark UP to coexist.

III. There Is No Likelihood of Confusion Between Applicant’s Mark
And The Cited Marks Because Restaurant Patrons Who
Frequent Fine Dining Establishments Are Sophisticated Consumers

This is not the kind of case where low-priced items used for the same purpose ar
e
marketed side by side and purchased with a minimum degree of care. In determin
ing whether

there is a likelihood of confusion, everything hinges on whether there is a probabil
ity that
confusion will arise in the minds of an appreciable number of reasonably prud
ent buyers.

Standard Brands, Inc. v. Smia’ler, 151 F.2d 34 (2d Cir. 1945). A reasonably pruden
t purchaser is

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Mark: SHANG AND DESIGN

expected to exercise the degree of care and caution appropriate to the choice the purchaser faces

in the market place. Volkswagen Aktiengesellscha? v. Church, 411 F.2d 350 (9th Cir. 1969).

In this case, there is no likelihood of confusion because restaurant patrons who frequent

?ne dining establishments are sophisticated customers who exercise deliberateness when

choosing a restaurant. T.M.E.P. § 1207.01(d)(vii); Electronic Design & Sales, Inc. v. Electronic

Data Sys. Corp, 21 U.S.P.Q.2d 1388, 1392 (Fed. Cir. 1992) (emphasizing that purchasers’

“sophistication is important and often dispositive” because they are expected to use greater care).

Applicant’s restaurant is a high-end restaurant located in a boutique luxury hotel. See articles

about Applicant’s restaurant attached as Exhibit E. Patrons of high-end restaurants such as

Applicant’s restaurant have a particular awareness as to the name behind the restaurants they go

to and are not likely to confuse Applicant’s mark with the Cited Marks. See Brennan’s Inc, 69

U.S.P.Q.2d at 1945. Indeed, it is clear from the attached articles that restaurant patrons and food

critics associate the mark SHANG AND DESIGN with Applicant and its high-end restaurant

services.

Thus, confusion between Applicant’s mark SHANG AND DESIGN and the Cited Marks

is highly unlikely.

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Mark: SHANG AND DESIGN

CONCLUSION

Based upon the foregoing amendment and remarks, Applicant respectfully requests that

its mark SHANG AND DESIGN be passed to publication.

Dated: New York, New York
October 19, 2009
Respectfully submitted,

COWAN, LIEBOWITZ & LATMAN, PC.
Attorneys for Applicant

By: /Joel Karni Schmidt/
Joel Karni Schmidt
1133 Avenue of the Americas
New York, New York 10036-6799
(212) 790—9200

16
27694/000/1125622.2
EXHIBIT A

27694/000/1125622.2
Latest Status Info Page 1 of 4

Thank you for your request. Here are the latest results from the TARR web server.

This page was generated by the TARR system on 2009-10-19 10:14:50 ET

Serial Number: 78563834 Assignment Information ‘ Trademark Document Retrieval

Registration Number: (NOT AVAILABLE)

Mark

SHANG PALACE

(words only): SHANG PALACE

Standard Character claim: Yes

Current Status: A request for the ?fth extension of time to file a statement of use has been granted.

Date of Status: 2009-03—19

Filing Date: 2005-02-09

The Notice of Allowance Date is: 2006-10-17

Transformed into a National Application: No

Registration Date: (DATE NOT AVAILABLE)

Register: Principal

Law Of?ce Assigned: LAW OFFICE 116

Attorney Assigned:
BENMAMAN ALICE MEDINA

Current Location: 450 -Petitions Of?ce

Date In Location: 2009—10-1 6

LAST APPLICANT(S)/OWNER(S) OF RECORD

1. Shangri-La International Hotel Management Limited

Address:

http ://tarr.uspt0. gov/tarr?regser=serial&entry=785 63 834 1 0/ 1 9/2009
Latest Status Info Page 2 of 4

Shangri—La International Hotel Management Limited
Trident Chambers, PO. Box 146
Road Town Tortola
Br. Virgin Islands
Legal Entity Type: Corporation
State or Country of Incorporation: Br. Virgin Islands

GOODS AND/OR SERVICES

International Class: 035
Class Status: Active
Business management of bar, cafe, cafeteria, coffee shop, catering, restaurants, wine club, cocktail
lounges and snack bars for others
Basis: 1(b)
First Use Date: (DATE NOT AVAILABLE)
First Use in Commerce Date: (DATE NOT AVAILABLE)

International Class: 043
Class Status: Active
Bar, cafe’, cafeteria, snack bar, coffee shop, restaurant and catering services; providing information
relating to restaurants and bars online from a computer database or via the Internet or extranets;
provision of information, consultancy and advisory services in the ?elds of eating establishments and
catering
Basis: 1(b)
First Use Date: (DATE NOT AVAILABLE)
First Use in Commerce Date: (DATE NOT AVAILABLE)

ADDITIONAL INFORMATION

(NOT AVAILABLE)

MADRID PROTOCOL INFORMATION

(NOT AVAILABLE)

PROSECUTION HISTORY

NOTE: To view any document referenced below, click on the link to “Trademark Document
Retrieval” shown near the top of this page.

2009—10—09 – Petition To Director — Change Basis – Received

2009-10—09 – PAPER RECEIVED

2009-03-19 – Extension 5 granted

2009-03-19 – Extension 5 ?led

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Latest Status Info Page 3 of 4

2009-03-19 – TEAS Extension Received

2008-10-02 – Extension 4 granted

2008-10-02 – Extension 4 ?led

2008-10-02 – TEAS Extension Received

2008-04—14 – Extension 3 granted

2008-04-14 — Extension 3 ?led

2008-04-14 – TEAS Extension Received

2007-09-27 — Extension 2 granted

2007-09-27 – Extension 2 ?led

2007-09—27 – TEAS Extension Received

2007-01—23 – Extension 1 granted

2007-01-23 – Extension I ?led

2007-01—23 – TEAS Extension Received

2006—10-17 – Noa Mailed – SOU Required From Applicant

2006—07-25 – Published for opposition

2006-07-05 – Notice of publication

2006-06—02 – Law Of?ce Publication Review Completed

2006-05-19 — Assigned To LIE

2006-05-15 — Examiner’s amendment mailed

2006-05-15 – Approved for Pub – Principal Register (Initial exam)

2006-05-15 – Examiner’s Amendment Entered

2006-05-15 – Examiners Amendment -Written

2006-04-10 – Amendment From Applicant Entered

2006-03-06 – Communication received from applicant

2006-03-06 – PAPER RECEIVED

2005-09-14 – Non—?nal action mailed

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Latest Status Info Page 4 of 4

2005-09-14 – Non—Final Action Written

2005-09-07 – Assigned To Examiner

2005-02-18 – New Application Entered In Tram

ATTORNEY/CORRESPONDENT INFORMATION

Attorney of Record
Paula J. Krasny

Correspondent
PAULA J. KRASNY
BAKER & MCKENZIE
SUITE 3500
ONE PRUDENTIAL PLAZA 130 E. RANDOLPH DR
CHICAGO, IL 60601
Phone Number: 312-861-2822
Fax Number: 312-698—2241

Domestic Representative
Paula J. Krasny
Phone Number: 312—861-2822
Fax Number: 312—698—2241

http ://tarr.uspto. gov/tarr?regser=seria1&entry=78563 834 1 0/19/2009
EXHIBIT B

27694/000/1 1256222
MyDictionary.com Page 1 of 2

Registerl Log In| Help
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shang Summatiery

Dictionary Thesaurus Resources Web

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Found 1 definition
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-Ads by Google- Dictionary com Spanish Word Word Opposites Web Dictionary W Linkedln Blog

NOUN

1. the imperial dynasty ruling China from about the 18th to the 12th centuries BC [syn: shang
dynasty]

Source: WordNet 3.0

“r’i?b’?i’ié’

Gram Plans
Su ‘maries
Quizzes
E) and More!

Aboutl Privacy Policy | Terms of Use | Link to Us | Contact Us

http ://mydictionary.myresources.com/browse.php?word=shang 10/ 1 9/2009
EXHIBIT C

27694/000/1 1256222
Latest Status Info Page 1 of 4

Thank you for your request. Here are the latest results from the TARR web server.

This page was generated by the TARR system on 2009-10-19 10:34:00 ET

Serial Number: 77472916 Assignment Information Trademark Document Retrieval

Registration Number: (NOT AVAILABLE)

Mark

. gamma,

(words only): SHANG TEA PREMIUM LOOSE LEAF TEAS

Standard Character claim: No

Current Status: Opposition period completed, a Notice of Allowance has been issued.

Date of Status: 2009-07-28

Filing Date: 2008—05-13

The Notice of Allowance Date is: 2009-07-28

Transformed into a National Application: No

Registration Date: (DATE NOT AVAILABLE)

Register: Principal

Law Of?ce Assigned: LAW OFFICE 104

Attorney Assigned:
CHARLON BARNEY LAWRENCE

Current Location: 700 -Intent To Use Section

Date In Location: 2009—07—28

LAST APPLICANT(S)/OWNER(S) OF RECORD

1. Shang, Zehua

DBA/AKA/TA/Formerly: DBA /Shang Tea Co.

http://tarr.uspto.gov/tan?regser=serial&entry=77472916 10/19/2009
Latest Status Info Page 2 of 4

Address:
Shang, Zehua
9825 Hocker
Merriam, KS 66203
United States
Legal Entity Type: Individual
Country of Citizenship: China
Phone Number: 816—868-3298
Fax Number: 816-421-2588

2. Donohoe-Shang, Shannon

DBA/AKA/TA/Formerly: DBA Shang Tea Co
Address:
Donohoe-Shang, Shannon
9825 Hocker
Merriam, KS 66203
United States
Legal Entity Type: Individual
Country of Citizenship: United States
Phone Number: 913-302-1152

GOODS AND/OR SERVICES

International Class: 021
Class Status: Active
non-electric tea pot and teapot not of precious metal, glass tea cups with ?lters, plastic tea cup with
?lter, tea cup with ?lter, tea cup with infusers, tea mugs, tea mug with infuser, tea cups, tea infusers, tea
balls
Basis: 1(b)
First Use Date: (DATE NOT AVAILABLE)
First Use in Commerce Date: (DATE NOT AVAILABLE)

International Class: 030
Class Status: Active
white tea, red tea, green tea, black tea, jasmine tea, herbal tea, fruit tea
Basis: 1(b)
First Use Date: (DATE NOT AVAILABLE)
First Use in Commerce Date: (DATE NOT AVAILABLE)

ADDITIONAL INFORMATION

Color(s) Claimed: The color(s) light green and dark green is/are claimed as a feature of the mark.

Disclaimer: “TEA” AND “PREMIUM LOOSE LEAF TEAS”

Description of Mark: The mark consists of colors light green and dark green with the color light green
appearing in the wording “SHANG TEA PREMIUM LOOSE LEAF TEAS”, in the non-latin character
and in the ornamental design feature; the color dark green appears in the leaf design.

http://tarr.uspto.gov/tarr?regser=serial&entry=77472916 10/ l 9/2009
Latest Status Info Page 3 of 4

Translation: The foreign wording in the mark translates into English as the surname “SHANG” and has
no other meaning in english.

Transliteration: The non-Latin character(s) in the mark transliterates into the phonetic sound “shang”,
and this means the chinese surname “Shang” in English.

Design Search Code(s):
05.03.25 – Leaf, single; Other leaves
26.11.03 – Incomplete rectangles; Rectangles (incomplete)
26.11.07 – Rectangles with a decorative border, including scalloped, ruf?ed and zig—zag edges
26.17.01 – Bands, straight; Bars, straight; Lines, straight; Straight line(s), band(s) or bar(s)
26.17.05 – Bands, horizontal; Bars, horizontal; Horizontal line(s), band(s) or bar(s); Lines, horizontal
26.17.13 – Letters or words underlined and/or overlined by one or more strokes or lines; Overlined
words or letters; Underlined words or letters
28.01.03 – Asian characters; Chinese characters; Japanese characters

MADRID PROTOCOL INFORMATION

(NOT AVAILABLE)

PROSECUTION HISTORY

NOTE: To View any document referenced below, click on the link to “Trademark Document
Retrieval” shown near the top of this page.

2009-07-28 – Noa Mailed – SOU Required From Applicant

2009-06-19 – Review Of Correspondence Complete

2009-06-16 – Assigned To Petition Staff

2009-05-23 – TEAS Post Publication Amendment Received

2009-05-23 – TEAS Post Publication Amendment Received

2009-05-05 – Published for opposition

2009-04-15 – Notice of publication

2009-04-01 – Law Of?ce Publication Review Completed

2009—03-27 – Approved for Pub – Principal Register (Initial exam)

2009-03-27 – Examiner’s Amendment Entered

2009-03-27 – Examiner’s Amendment Entered

2009-03-27 – Notification Of Examiners Amendment E-Mailed

http://tarr.uspto.gov/tarr?regser=serial&entry=77472916 10/l 9/2009
Latest Status Info Page 4 of 4

2009-03-27 – EXAMINERS AMENDMENT E-MAILED

2009-03-27 – Examiners Amendment -Written

2008-10-23 – Noti?cation Of Final Refusal Emailed

2008-10-23 — Final refusal e—mailed

2008-10-23 – Final Refusal Written

2008-10-02 – Teas/Email Correspondence Entered

2008-10-02 – Communication received from applicant

2008-10-02 – Assigned To LIE

2008-09-22 – TEAS Response to Of?ce Action Received

2008-08-28 — Noti?cation Of Non-Final Action E-Mailed

2008-08-28 – Non-?nal action e-mailed

2008-08-28 – Non—Final Action Written

2008-08-28 – Assigned To Examiner

2008-05-17 – Notice Of Design Search Code Mailed

2008-05~16 – New Application Entered In Tram

ATTORNEY/CORRESPONDENT INFORMATION

Correspondent
ZEHUA SHANG
ZEHUA SHANG
9825 HOCKER DR
MERRIAM, KS 66203—2535
Phone Number: 816—868-3298
Fax Number: 816-421-2588

http://tarr.uspto. gov/tarr?regse1=serial&entry=774729l6 10/19/2009
Latest Status Info Page 1 of 3

Thank you for your request. Here are the latest results from the TARR web server.

This page was generated by the TARR system on 2009-10-19 10:34:16 ET

Serial Number: 78450287 Assignment Information Trademark Document Retrieval

Registration Number: 2995002

Mark

PIN

(words only): SHANG PIN

Standard Character claim: Yes

Current Status: Registered.

Date of Status: 2005-09-13

Filing Date: 2004-07-14

Transformed into a National Application: No

Registration Date: 2005-09—13

Register: Principal

Law Of?ce Assigned: LAW OFFICE 108

If you are the applicant or applicant’s attorney and have questions about this ?le, please contact
the Trademark Assistance Center at [email protected]

Current Location: 650 —Publication And Issue Section

Date In Location: 2005-09-13

LAST APPLICANT(S)/OWNER(S) OF RECORD

1. Sysco Corporation

Address:
Sysco Corporation
1390 Enclave Parkway

http ://tarr.uspto. gov/tarr?regser=registration&entry=2995 002 1 0/19/2009
Latest Status Info Page 2 of 3

Houston, TX 770771390
United States
Legal Entity Type: Corporation
State or Country of Incorporation: Delaware
Phone Number: (281) 584-2546
Fax Number: (281) 584-2510

GOODS AND/OR SERVICES

International Class: 031
Class Status: Active
Fresh vegetables
Basis: 1(a)
First Use Date: 2004-05-01
First Use in Commerce Date: 2004-05-01

ADDITIONAL INFORMATION

Translation: The English translation of the term SHANG PIN is BETTER THAN THE BEST.

Prior Registration Number(s):
2891 876

MADRID PROTOCOL INFORMATION

(NOT AVAILABLE)

PROSECUTION HISTORY

NOTE: To View any document referenced below, click on the link to “Trademark Document
Retrieval” shown near the top of this page.

2007-11-28 – TEAS Change Of Correspondence Received

2005-09-13 – Registered – Principal Register

2005-06-21 – Published for opposition

2005-06-01 – Notice of publication

2005—03-05 – Law Of?ce Publication Review Completed

2005-03-02 – Assigned To LIE

2005-02-23 – Approved for Pub – Principal Register (Initial exam)

2005-02-22 – Examiner’s Amendment Entered

http://tarr.uspto. gov/tarr?regser=registration&entry=2995002 1 0/l 9/2009
Latest Status Info Page 3 of 3

2005-02-22 — EXAMINERS AMENDMENT E-MAILED

2005-02-22 – Examiners Amendment -Written

2005-02-18 – Non-final action e-mailed

2005-02-18 – Non-Final Action Written

2005-02-17 — Assigned To Examiner

2004-07-21 – New Application Entered In Tram

ATTORNEY/CORRESPONDENT INFORMATION

Attorney of Record
Nathan C. Belzer

Correspondent
Nathan C. Belzer
Belzer PC
2905 Bull Street
Savannah GA 31405
Phone Number: 912-236-3001
Fax Number: 912-236-3003

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Thank you for your request. Here are the latest results from the TARR web server.

This page was generated by the TARR system on 2009-10-19 10:34:32 ET

Serial Number: 78450286 Assignment Information Trademark Document Retrieval

Registration Number: 2989778

Mark

PIN

(words only): SHANG PIN

Standard Character claim: Yes

Current Status: Registered.

Date of Status: 2005—08—30

Filing Date: 2004-07-14

Transformed into a National Application: No

Registration Date: 2005-08-30

Register: Principal

Law Office Assigned: LAW OFFICE 105

If you are the applicant or applicant’s attorney and have questions about this ?le, please contact
the Trademark Assistance Center at [email protected]

Current Location: 650 —Pub1icati0n And Issue Section

Date In Location: 2005-08-30

LAST APPLICANT(S)/OWNER(S) OF RECORD

1. Sysco Corporation

Address:
Sysco Corporation
1390 Enclave Parkway

http ://tarr.uspto. gov/tarr?regser=registration&entry=2989778 1 0/1 9/2009
Latest Status Info Page 2 of 3

Houston, TX 7707713 90
United States
Legal Entity Type: Corporation
State or Country of Incorporation: Delaware
Phone Number: (281) 584-2546
Fax Number: (281) 584—2510

GOODS AND/OR SERVICES

International Class: 029
Class Status: Active
Meat; cut fruits and vegetables
Basis: 1(a)
First Use Date: 2002-12-01
First Use in Commerce Date: 2002-12-01

ADDITIONAL INFORMATION

Translation: The English translation of SHANG PIN is BETTER THAN THE BEST.

Prior Registration Number(s):
2891876

MADRID PROTOCOL INFORMATION

(NOT AVAILABLE)

PROSECUTION HISTORY

NOTE: To View any document referenced below, click on the link to “Trademark Document
Retrieval” shown near the top of this page.

2007-11-28 – TEAS Change Of Correspondence Received

2005-08-30 – Registered — Principal Register

2005-06-07 – Published for opposition

2005-05-18 – Notice of publication

2005-02-22 – Law Of?ce Publication Review Completed

2005-02-18 – Assigned To LIE

2005-02-17 — Approved for Pub – Principal Register (Initial exam)

2005—02-17 – Examiners amendment e-mailed

http ://tarr.uspto. gov/tarr?regser=registration&entry=2989778 10/19/2009
Latest Status Info Page 3 of 3

2005—02—17 – Examiners Amendment -Written

2005-02-17 – Assigned To Examiner

2004-07-21 – New Application Entered In Tram

ATTORNEY/CORRESPONDENT INFORMATION

Attorney of Record
Nathan C. Belzer

Correspondent
Nathan C. Belzer
Belzer PC
2905 Bull Street
Savannah GA 31405
Phone Number: 912-23 6-3 001
Fax Number: 912-23 6-3 003

http ://tarr.uspto. gov/tarr?regser=registration&entry=2989778 1 0/1 9/2009
Latest Status Info Page 1 of 3

Thank you for your request. Here are the latest results from the TARR web server.

This page was generated by the TARR system on 2009-10-19 10:34:45 ET

Serial Number: 78450285 Assignment Information Trademark Document Retrieval

Registration Number: 2995001

Mark

PIN

(words only): SHANG PIN

Standard Character claim: Yes

Current Status: Registered.

Date of Status: 2005-09—13

Filing Date: 2004-07-14

Transformed into a National Application: No

Registration Date: 2005-09—13

Register: Principal

Law Of?ce Assigned: LAW OFFICE 111

If you are the applicant or applicant’s attorney and have questions about this ?le, please contact
the Trademark Assistance Center at [email protected]

Current Location: 650 -Pub1ication And Issue Section

Date In Location: 2005-09-13

LAST APPLICANT(S)/OWNER(S) OF RECORD

1. Sysco Corporation

Address:
Sysco Corporation
1390 Enclave Parkway

http ://tarr.uspto. gov/tarr?regser=registration&entry=2995001 1 0/ 1 9/2009
Latest Status Info Page 2 of 3

Houston, TX 770771390
United States
Legal Entity Type: Corporation
State or Country of Incorporation: Delaware
Phone Number: (281) 584-2546
Fax Number: (281) 584-2510

GOODS AND/OR SERVICES

International Class: 003
Class Status: Active
Soap; multi-purpose cleaners; ?oor and wall cleaners and polishes; cleansers for restroom ?xtures; oven
cleaners; grill cleaners; deep fryer cleaners; multi-purpose institutional degreasing cleaning preparations;
?atware detergents, laundry detergents; presoak preparations for cleaning ?atware; rinse additive for use
in kitchen utensils, ?atware, tableware; delimers; stain removers
Basis: 1(a)
First Use Date: 2003-01-01
First Use in Commerce Date: 2003-01-01

ADDITIONAL INFORMATION

Translation: The English translation of the wording “SHANG PIN” is “BETTER THAN THE BEST.”

MADRID PROTOCOL INFORMATION

(NOT AVAILABLE)

PROSECUTION HISTORY

NOTE: To view any document referenced below, click on the link to “Trademark Document
Retrieval” shown near the top of this page.

2007-11-28 – TEAS Change Of Correspondence Received

2005-09-13 – Registered – Principal Register

2005-06-21 – Published for opposition

2005-06-01 – Notice of publication

2005—03-10 – Law Of?ce Publication Review Completed

2005-03-07 – Assigned To LIE

2005-03-02 – Approved for Pub — Principal Register (Initial exam)

2005-02-22 – Examiner‘s Amendment Entered

http ://tarr.uspto.gov/tarr?regser=registration&entry=2995001 10/ 1 9/2009
Latest Status Info Page 3 of 3

2005-02—17 – EXAMINERS AMENDMENT E-MAILED

2005-02-17 – Examiners Amendment -Written

2005-02-17 – Non-?nal action e-mailed

2005—02— 1 7 – Non-Final Action Written

2005-02—17 – Assigned To Examiner

2004-07-21 – New Application Entered In Tram

ATTORNEY/CORRESPONDENT INFORMATION

Attorney of Record
Nathan C. Belzer

Correspondent
Nathan C. Belzer
Belzer PC
2905 Bull Street
Savannah GA 31405
Phone Number: 9 1 2-23 6-3 001
Fax Number: 9 1 2-236—3 003

Mmummmmwmmm

http://tarr.uspto.gov/tarr?regser=registration&entry=2995001 1 0/19/2009
Latest Status Info Page 1 of 3

Thank you for your request. Here are the latest results from the TARR web server.

This page was generated by the TARR system on 2009-10-19 10:34:58 ET

Serial Number: 78191688 Assignment Information Trademark Document Retrieval

Registration Number: 2762000

Mark (words only): SHANG CHI: MASTER OF KUNG FU

Standard Character claim: No

Current Status: A Section 8 af?davit has been accepted.

Date of Status: 2009-10-17

Filing Date: 2002-12-05

Transformed into a National Application: No

Registration Date: 2003-09-09

Register: Principal

Law Of?ce Assigned: LAW OFFICE 115

If you are the applicant or applicant’s attorney and have questions about this ?le, please contact
the Trademark Assistance Center at [email protected]

Current Location: M60 -TMO Law Of?ce 115

Date In Location: 2009-10—17

LAST APPLICANT(S)/OWNER(S) OF RECORD

1. Marvel Characters, Inc.

Address:
Marvel Characters, Inc.
10474 Santa Monica Blvd. Suite 206
Los Angeles, CA 90025
United States
Legal Entity Type: Corporation
State or Country of Incorporation: Delaware
Phone Number: 212 576-4033
Fax Number: 212 576—8506

GOODS AND/OR SERVICES

http ://tarr.uspto. gov/tarr?regser=registration&entry=2762000 1 0/19/2009
Latest Status Info Page 2 of 3

International Class: 016
Class Status: Active
PUBLICATIONS, NAMELY COMIC BOOKS AND COMIC MAGAZINES AND STORIES IN
ILLUSTRATED FORM FEATURED IN BOOKS AND MAGAZINES
Basis: 1(a)
First Use Date: 2002-09-30
First Use in Commerce Date: 2002—09-30

ADDITIONAL INFORMATION

Name Portrait Consent: The name “SHANG CHI” does not identify a living individual.

Prior Registration Number(s):
1 027903

MADRID PROTOCOL INFORMATION

(NOT AVAILABLE)

PROSECUTION HISTORY

NOTE: To View any document referenced below, click on the link to “Trademark Document
Retrieval” shown near the top of this page.

2009-10—17 – Section 8 (6-year) accepted

2009—10-15 – Case Assigned To Post Registration Paralegal

2009-10-07 – TEAS Section 8 Received

2006-01-03 – TEAS Change Of Correspondence Received

2003—09—09 – Registered – Principal Register

2003-06—17 – Published for opposition

2003—05—28 – Notice of publication

2003—04-21 — Approved for Pub – Principal Register (Initial exam)

2003-04-21 – Examiners amendment e-mailed

2003-04-14 – Assigned To Examiner

ATTORNEY/CORRESPONDENT INFORMATION

Attorney of Record
ELI BARD

http ://tarr.uspt0. gov/tarr?regser=registration&entry=2762000 10/19/2009
Latest Status Info Page 3 of 3

Correspondent
ELI BARD
MARVEL ENTERTAINMENT, INC.
417 FIFTH AVENUE
NEW YORK NY 10016
Phone Number: 212 576—8501
Fax Number: 212 576-8569

http://tarr.uspt0. gov/tarr?regse1=registration&entry=2762000 1 0/19/2009
Latest Status Info Page 1 of 3

Thank you for your request. Here are the latest results from the TARR web server.

This page was generated by the TARR system on 2009-10—19 10:35:10 ET

Serial Number: 78159292 Assignment Information Trademark Document Retrieval

Registration Number: 2891876

Mark (words only): SHANG PIN

Standard Character claim: No

Current Status: Registered.

Date of Status: 2004-10-05

Filing Date: 2002-08-29

Transformed into a National Application: No

Registration Date: 2004-10-05

Register: Principal

Law Of?ce Assigned: LAW OFFICE 114

If you are the applicant or applicant’s attorney and have questions about this ?le, please contact
the Trademark Assistance Center at [email protected]

Current Location: 650 -Pub1ication And Issue Section

Date In Location: 2004-08-25

WW WWWMM

LAST APPLICANT(S)/OWNER(S) OF RECORD

1. SYS CO CORPORATION

Address:
SYSCO CORPORATION
1390 ENCLAVE PARKWAY
HOUSTON, TX 77077
United States
Legal Entity Type: Corporation
State or Country of Incorporation: Delaware

GOODS AND/OR SERVICES

International Class: 030
Class Status: Active

http ://tarr.uspto. gov/tarr?regser=registration&entry=2891 876 10/ 1 9/2009
Latest Status Info Page 2 of 3

Fortune cookies
Basis: 1(a)
First Use Date: 2002-07-01
First Use in Commerce Date: 2002—07-01

ADDITIONAL INFORMATION

Translation: The English translation of “SHANG PIN” is “BETTER THAN THE BEST”.

MADRID PROTOCOL INFORMATION

(NOT AVAILABLE)

PROSECUTION HISTORY

NOTE: To view any document referenced below, click on the link to “Trademark Document
Retrieval” shown near the top of this page.

2007-11-28 – TEAS Change Of Correspondence Received

2004—10-05 – Registered – Principal Register

2004-08-09 — Assigned To LIE

2004-08—09 – Assigned To LIE

2004-08-06 – Law Of?ce Registration Review Completed

2004-08-06 – Assigned To LIE

2004-07-23 – Allowed for Registration – Principal Register (SOU accepted)

2004-07-20 – Assigned To Examiner

2004-07-16 – Statement of use processing complete

2004-06-23 – Amendment to Use ?led

2004-07-07 – Case File In TICRS

2004-06-23 – TEAS Statement of Use Received

2004-06-07 – TEAS Change Of Correspondence Received

2004—01-16 – Extension 1 granted

2003-12-22 – Extension 1 ?led

2003-12-22 – TEAS Extension Received

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Latest Status Info Page 3 of 3

2003-08—18 – PAPER RECEIVED

2003-06-13 – PAPER RECEIVED

2003-06-24 — Noa Mailed – SOU Required From Applicant

2003—05-23 – TEAS Change Of Correspondence Received

2003-04-01 – Published for opposition

2003-03-12 – Notice of publication

2003-01-28 – Approved for Pub – Principal Register (Initial exam)

2003-01-28 – Examiners amendment e—mailed

2003-01-27 – Assigned To Examiner

ATTORNEY/CORRESPONDENT INFORMATION

Attorney of Record
Jeffrey R. Stone

Correspondent
Nathan C. Belzer
Belzer PC
2905 Bull Street
Savannah GA 31405
Phone Number: 912-236—3001
Fax Number: 912-236-3003

http://tarr.uspto. g0v/tarr?regser=registration&entry=2891 876 10/ 1 9/2009
Latest Status Info Page 1 of 3

Thank you for your request. Here are the latest results from the TARR web server.

This page was generated by the TARR system on 2009-10—19 10:35:25 ET

Serial Number: 77221783 Assignment Information Trademark Document Retrieval

Registration Number: 3661406

SHANG HIGH
(words only): SHANG HIGH

Standard Character claim: Yes

Current Status: Registered.

Date of Status: 2009-07—28

Filing Date: 2007-07-03

Transformed into a National Application: No

Registration Date: 2009—07—28

Register: Principal

Law Of?ce Assigned: LAW OFFICE 107

If you are the applicant or applicant’s attorney and have questions about this ?le, please contact
the Trademark Assistance Center at [email protected]

Current Location: 650 -Pub1ication And Issue Section

Date In Location: 2009-06-25

LAST APPLICANT(S)/OWNER(S) OF RECORD

1. Bubbles, Inc.

Address:
Bubbles, Inc.
1577 Springhill Road, Suite 500

http ://tarr.uspto. gov/tarr?regser=registration&entry=3 661406 10/1 9/2009
Latest Status Info Page 2 of 3

Vienna, VA 22182
United States
Legal Entity Type: Corporation
State or Country of Incorporation: Virginia

GOODS AND/OR SERVICES

International Class: 003
Class Status: Active
HAIR CARE PRODUCTS, NAMELY, SHAMPOOS, CONDITIONERS AND STYLING
PREPARATIONS, AND SKIN CREAMS AND BODY LOTIONS
Basis: 1(a)
First Use Date: 2008-02-19
First Use in Commerce Date: 2008-02-19

ADDITIONAL INFORMATION

(NOT AVAILABLE)

MADRID PROTOCOL INFORMATION

(NOT AVAILABLE)

PROSECUTION HISTORY

NOTE: To view any document referenced below, click on the link to “Trademark Document
Retrieval” shown near the top of this page.

2009-07-28 – Registered – Principal Register

2009-06-25 – Law Of?ce Registration Review Completed

2009-06—24 — Allowed for Registration – Principal Register (SOU accepted)

2009-06-05 – Statement of use processing complete

2009~05-18 – Amendment to Use ?led

2009—06-05 — Case Assigned To Intent To Use Paralegal

2009-05-18 – TEAS Statement of Use Received

2009-03—17 – Noa Mailed – SOU Required From Applicant

2008-12-23 – Published for opposition

2008—12-03 – Notice of publication

http://tarr.uspto. gov/tarr?regse1=registration&entry=3 661406 10/1 9/2009
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2008-11-17 — Law Of?ce Publication Review Completed

2008-11—14 – Approved for Pub — Principal Register (Initial exam)

2008-11—06 – Teas/Email Correspondence Entered

2008-11—06 – Communication received from applicant

2008-11-05 – Assigned To LIE

2008-10-24 – TEAS Request For Reconsideration Received

2008—10-24 – Ex parte appeal – Instituted

2008-10-24 – Jurisdiction Restored To Examining Attorney

2008-10-24 — EXPARTE APPEAL RECEIVED AT TTAB

2008-04-24 – Final refusal mailed

2008-04-23 – Final Refusal Written

2008-04-04 – Teas/Email Correspondence Entered

2008-04-03 — Communication received from applicant

2008-04-03 – TEAS Response to Of?ce Action Received

2007-10-04 – Non-?nal action mailed

2007-10-03 – Non-Final Action Written

2007-10-03 – Assigned To Examiner

2007-07-06 – New Application Entered In Tram

ATTORNEY/CORRESPONDENT INFORMATION

Attorney of Record
Kevin T. Oliveira

Correspondent
KEVIN T. OLIVEIRA
ODIN, FELDMAN & PITTLEMAN, PC
9302 LEE HWY STE 1100
FAIRFAX, VA 22031-1215
Phone Number: 703 -21 8-2138
Fax Number: 703-218-2160

http ://tarr.uspto. g0v/tarr?regser=registration&entry=3 661406 10/ 1 9/2009
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Thank you for your request. Here are the latest results from the TARR web server.

This page was generated by the TARR system on 2009-10-19 10:35:40 ET

Serial Number: 76680968 Assignment Information Trademark Document Retrieval

Registration Number: 3460022

Mark

SHANG PIN
(words only): SHANG PIN

Standard Character claim: Yes

Current Status: Registered.

Date of Status: 2008-07-08

Filing Date: 2007-08-20

Transformed into a National Application: No

Registration Date: 2008-07-08

Register: Principal

Law Of?ce Assigned: LAW OFFICE 110

If you are the applicant or applicant’s attorney and have questions about this ?le, please contact
the Trademark Assistance Center at [email protected]

Current Location: 650 -Pub1ication And Issue Section

Date In Location: 2008-07-08

LAST APPLICANT(S)/OWNER(S) OF RECORD

1. Quaglia, Brian

Address:
Quaglia, Brian
151 Airport Road
Warwick, RI 02886
United States

http ://tarr.uspto. gov/tarr?regser=registration&entry=3460022 1 0/1 9/2009
Latest Status Info Page 2 of 3

Legal Entity Type: Individual
Country of Citizenship: United States

GOODS AND/OR SERVICES

International Class: 035
Class Status: Active
RETAIL STORE SERVICES FEATURING FURNITURE, INCLUDING BUT NOT LIMITED TO
ANTIQUE FURNITURE
Basis: 1(a)
First Use Date: 2007-06-01
First Use in Commerce Date: 2007-06-01

ADDITIONAL INFORMATION

Translation: The English translation of “SHANG PIN” is BETTER THAN THE BEST.

MADRID PROTOCOL INFORMATION

(NOT AVAILABLE)

PROSECUTION HISTORY

NOTE: To view any document referenced below, click on the link to “Trademark Document
Retrieval” shown near the top of this page.

2008—10-29 – Assignment Of Ownership Not Updated Automatically

2008-07-08 – Registered – Principal Register

2008—04-22 – Published for opposition

2008—04—02 — Notice of publication

2008—03-17 – Law Of?ce Publication Review Completed

2008-03-17 – Approved for Pub – Principal Register (Initial exam)

2008-03-13 – Amendment From Applicant Entered

2008-03-13 – Communication received from applicant

2008-03-13 — Assigned To LIE

2008-02-19 – PAPER RECEIVED

2007-11-29 — Non-?nal action mailed

http://tarr.uspto. gov/tarr?regser=registration&entry=3460022 1 0/1 9/2009
Latest Status Info Page 3 of 3

2007-11-29 – Non—Final Action Written

2007-11-28 – Assigned To Examiner

2007-09-01 – Application Filing Receipt Mailed

2007-08-28 – New Application Entered In Tram

ATTORNEY/CORRESPONDENT INFORMATION

Attorney of Record
BRIAN QUAGLIA

Correspondent
BRIAN QUAGLIA
151 AIRPORT ROAD
WARWICK, RI 02886

http ://tarr.uspto. goV/tarr?regseI=registration&entry=3460022 10/l 9/2009
EXHIBIT D

27694/000/1 1256222
MDBG Chinese—English dictionary – Word dictionary – shang Page 1 of 3

Look up Chinese, Pinyin or English?| Look up All Chinese Words in a Text?
Show Legend
‘ Sim “EB—ié‘iié—h?ww Traditional
li ..____. _
definition variant
_….. ,.,, we…» _ . ._ V,_s,_-.._._

u 6h? on top-“I upoanmi-i-rsnt (of multiple parts) Iprevious I
. J: shang -|astl upper I higher / above I to climb I to go into I to 1

_ .rv-

_._.l,-
,. :,..9 9.199. /, .10. 3,39? “9’35? 9E}! FEWEWI ‘ i

i l
E
li
l
l
ishéng isee I Jig”? — w —-~-v—–——~——m—é——~-————–———»—~—~~—-§«-~»–—————~f—j
lg!” ‘ H H i’éb‘i?‘i?’érce‘Iiaéaiiéulii’dh’dtié?t’fé?a’E‘éiéih” §
– W Shang pentatonic scale I 4
“cm” a,” _ _ __. .v_s_._.__,m_, .H“_. A- W_4._._.. was“.

1:? Shéng lthe Shang dynasty, 16th to 11th century BC i 4

‘n IShe‘lng Estill [yet I to value I to esteem I surname Shang !: ‘| 4
Shéng injure I injury / wound 2
‘ L ‘ ‘ “to besi’o’m‘a {seedy/to givé’ito aniniériéB7i67i§?§mew
J shang down I a reward (bestowed by a superior) I to E a 4
.9!§91§i9(p9%!!¥) :

i s’u’r’r’ié’r’?é ‘viii’iriadrié’ h‘i‘n‘§”’i””ay? ”
‘ , E11 _ . . nifé
I x ,Yln lthe Shang dynasty, after their move to meu EX ll];
3 . .. W, , a. inmpdemrlena
a”… a- C%__.
n RFOVi“ a- a- .. _ _.._..

. = ‘ lvariant
i of J: i
Mp a“ . .
‘ferocious mythological animal, the fifth son of the :
Idragon king I zoomorphic mask motif, found on Shangl
and Zhou ritual bronzes I gluttonous I sumptuous ‘
(banqueo
th e; Go ds ; m a j o r w a g ay ’a as ‘i ’y “ ” ’“ i
’ Investiture 6f
. _ ‘ US: féngshén )vernacular novel of’mythology and’fantasy‘, yery
+73“ v lo os el y ba se d on Ki ng W u of Zh ou s Fug } 11 12 i
i ‘j
bang ;overthrow of the Shang, subsequent material for
roperam?’miTV series. .9omputer 9emes…,e_t9 i, , ,. ,, V __.._;.s H M. __ _‘,i__ “w .w. w-,~.,.._ ……___

dé jconcubine of last Shang emperor
. ’_ d!g
. . 21‘ 2th :itiférzuler of Shang (11th century BC), a notorious gid-
E
___ ._… ,

Psi ‘Shéngdéi Egicenprehistoric Shang dynasty (c. 16th-11th century i

?a’é [Shang ~feast I goblet

5W :shéng around noon I

1’ u‘ ishang gentropy
,ég,é,|,.is.t SCthl of, me
7 2h.
.
‘ gFéjié gincluding Shang Yang and Han Feizi

.__ mum,” “m. .._“WW,m..-WmA?atw.-…_a_s___-am
, flit] .shang ivariant of F153, still I yet I to value I to esteem

http://usa.mdbg.net/chindict/chindict.php?page=worddict&wdrst=0&wdqb=shang 10/19/2009
MDBG Chinese~English dictionary – Word dictionary — Shang Page 2 of 3

» .shang gthe moisture content of the soil
; I 5 it Investiture of the ‘Gods,“major Ming dynasty
gféngshén jvernacular novel of mythology and fantasy, very
, j; y H ‘ ‘
v ‘ =|oose|y based on King Wu of Zhou’s ; i
_ X yany’ ,overthrow of the Shang, subsequent material for 3 , 2
‘ ’ lopera, film, TV SSFleS, CQmPH..ter. 9.8.0.13? 9:0, ,, ,_
gJiang Ziya (late Shang
‘ tJién téi idynasty, c. 1100 BC), partly mythical sage adviser of l

t
i 3 g jKing Wen of Zhou purported author of 1
A
‘l

gong ‘ /
‘ Six‘ secret teachings
. militar y classrc 4″“
$51 A?E] I gt
| / t ,t l
also called i : .-.
lL ‘ ._
t,t
t “4 7 ., , . M W»… “in”. ‘._,~ m-AD… ,n……s.v-_…._.._..,_…__~…,,~….._….,._.. ._

1 Shang Yang (0. 390—338 BC), legalist philosopher andl l l
. – – ~ é ,t |
‘ gShang gimportant statesman of Qin state i i 5:3 1 %
~ I {Yéng ‘whose militaristic reforms in 356 and 350 BC played a i i
. . key “3’9 in establishinth pQW9.r,,,..t. , l . ,.
L y:- _ _ jfinal name of the Shang dynasty after their move to
BJX [a YmShang ‘Yinxu in modern Henan province I

IShéngChéo tShang Dynasty (c.1600-1046 BC)

> ‘Xié Shang fXia, Shang and Zhou, the earliest named Chinese
u n zhéu ’dynasties it
niang Ziya (late Shang dynasty, 0…“.00 BC)’, pamy.., .,, ,, .

émythical sage adviser of King Wen of Zhou E
i EJiéng Ziya [purported author of military classic Six secret ‘ il
‘ ;iteachin gs/WFEI i / El IalsocalleEk/
d? A i i—- g H,,

~. , iZhaoge, capital of the Shang dynasty I
t §Zhéogé :Zhaoge town in Qi county Hebi
j | BEE. Henan
, Wu of Zhoul overthrows tyrant Zhou4 of Shang
ESEl’iZ ~ WUwé‘ ngfa’ , King 34% i i
,2 t 3
Qt Zhou :,
Shang Shang Yang’s political reform of Qin state a; l .
– I ._ : ‘ 2 l
_ if Yén biénfé of 356 BC and 350 BC, that put it on the road iii i
g to world domination , , , , _ ,. _
, ‘ , v — Wu Ding (c. 14th century BC), legendary founder and ‘
it T . W” W? . ,L..wi_s_9 rulerof?hansngdyn asty, -c me- i
e v , of the Shang Dynasty (16th—1‘lth
‘oracle inscriptio
, l buc’ , century BC), 0” tortOiseSheHS or animal De?es ,,
~ . g
A4 a
-—L Shang King Zhou of Shang (11th century BC), notorious as a ; A 2“ 5
[a] Zhéuwéng cruel tyrant lipid-E S i

‘ ‘ 7 “ funith tattereéimttvalue05;;t’agteat?arégtazrég
[Shang ,(worth one hectare or 15 m0 EB in parts of northeast E
; tChina, but only 3 or 5 mum northwest China)
‘gJizi, legendary sage from end of Shang dynasty (c. g l I

http://usa.mdbg.net/chindict/chindict.php?page=worddict&wdrst=0&wdqb=shang 10/19/2009
MDBG Chinese-English dictionary – Word dictionary – shang Page 3 of 3

. , I _ l 1

‘ RR 1 _ v 21100 BC), said to have opposed the tyrant Zhbu i i l i
‘ ‘J’Z’ l 1– . _ :1; i ii
_ _ I é‘i then ruled anoient Korea for Zhou El i
2%.,“ ‘ — 3Fu Shuo (c. 14th century BC), legendary sage and :- i l
LT LEE ,Fu Shuo prindpa’ mimSterpf Shang .rU’er W.” Ding a V
.3:- Li ‘_ ‘ Dijun, Shang dynasty protector God / possibly same ; ‘
I I /, v» —|— :1

?t] Duun as legendary Emperor 1 ’FE’% g g .
. .. . .j ,, , . . ,_ _, i . . , , ,7, V . , V,………….V._V ,,_.,…V._V…._.,,_…_.iA…_.._._..g…i.__………..__.”r_-_»-V……….,._..h.”…i_i.»»..i.,.c._%w.£
V ,V . ..

béitéo white pottery (of Shang Dynastry 16—11th century BC) i i

’ :DixTn :another name for Zhou4 I last ruler of Shang i
I i ‘ §(11t.h (Sanitary BC)».famQUS.asatyrantmW,
ithe State of Qi in modern Qi county i i i
; EQYQUO EHenan (0. 1500-445 BC), a small vassal state of
i Shan gand W All Tags

Thompson LES’ Shang Gets a Fly New Website
Where: 190 Allen St Lmap], New York, NY, United States, 10002
June 1, 2009 at 10:44 AM | by Jenna | 0 Comments

http://www.hotelchatter.com/story/2009/6/1/10409/253 50/hotels/Thompson_LES_Shang_. .. 10/9/2009
Thompson LES’ Shang Gets a Fly New Website || HotelChatter Page 2 of 5

“31′ 59C,an 5.752: f .’_ row 13F}; r .A

We told you back in early March that the dudes behind Thompson Hotels had gotten together to form a restaurant
group called Do Not Disturb, which is now managing the restaurant soon to be known as ‘Zentan’ inside DC’s
Donovan House (formerly known as ‘Cha’), the food and nightlife venues at Thompson LES (Shang, Above
Allen), as well as the restos in Gild Hall, the Hollywood Roosevelt and the upcoming Thompson Toronto.

Zentan inside Donovan House is set to open up on June 8th with Susur Lee’s name on the place (as opposed to
Todd English’s, who was originally the face of Cha) — and Susur Lee’s other Thompson restaurant, Shang, now
is showing off a hot, hot new website. It’s got menus, all the requisite look-at-our-celeb-chef promotional
goodness, press clippings and a pretty decent iFrnagegalliry. Was this the first order of business for the Do Not
Disturb group?

Uh, maybe they could go do a bit of work on the Zentan website next. It’s a little bit… naked.

Sha?m
0 Related Stories

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