MINE Opinions 11/09/2014 06:36:12 $MINE Vitabuzz is

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Jake13
MINE Opinions 11/09/2014 06:36:12 $MINE
Vitabuzz is published for opposition already.
DO NOT EXPECT "THE HERBAL COLLECTION" ANY TIME SOON

http://tsdr.uspto.gov/#caseNumber=86208571&am...mentSearch

You may receive news on "The Herbal Collection" the first of the year but that is all, just news, any production will come much later for "The Herbal Collection". Not to say however that a THC line may pop up under a different trademark such as VitaBuzz.

It seems Vanis has been reluctant to respond to necessary correspondence requested by USPTO concerning moving forward the trademark for "The Herbal Collection". Vanis has until Feb 19, 2015 to respond but each day he delays response delays the finalization of the trademark.

Once the trademark receives go ahead by USPTO the mark must be published in the Official Gazette for 30 days and without rebuttal another 11 weeks following the end of the posting is possible and likely.

See the following correspondence with Trademark attorney::


From
Paul Szulak

To
me

Oct 2

Hi redacted,

Please the prior correspondence below as we have been waiting on a reply.

Please review Ms. Hammack’s email and provide a response to the answers and we will file a timely response with the USPTO.

Please let me know if you have any questions.

Best Regards,

Paul Szulak

Research and Applications Specialist

The Trademark Company, PLLC

2703 Jones Franklin Road, Suite 206

Cary, NC 27518

Phone (800) 906-8626 x102

Fax (877) 351-5480

www.TheTrademarkCompany.com



From: Ann Hammack [mailto:annh@thetrademarkcompany.com]
Sent: Thursday, August 28, 2014 4:32 PM
To: 'scott.vanis@minercoresources.com'
Cc: pauls@thetrademarkcompany.com
Subject: In re: your trademark application for THE HERBAL COLLECTION



Dear Mr. Vanis,

The examining attorney at the USPTO has accepted the specimen to show use of your mark THE HERBAL COLLECTION. However, he has requested additional information regarding your product. You must submit additional information about the goods which should include fact sheets, brochures, advertisements, and/or similar materials relating to the goods. If such materials are not available, you must provide a detailed factual description of the goods. Any information submitted in response to this requirement must clearly and accurately indicate the nature of the goods identified in the application.

In addition, you must submit a written statement indicating whether the goods identified in the application comply with the Controlled Substances Act (CSA), 21 U.S.C. §§801-971. The CSA prohibits, among other things, manufacturing, distributing, dispensing, or possessing certain controlled substances, including marijuana and marijuana-based preparations. 21 U.S.C. §§812, 841(a)(1), 844(a); see also 21 U.S.C. §802(16) (defining “[marijuana]”). The CSA also makes it unlawful to sell, offer for sale, or use any facility of interstate commerce to transport drug paraphernalia, i.e., “any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, possession of which is unlawful under [the CSA].” 21 U.S.C. §863.

Finally, you must provide written responses to the following questions:
1.Do applicant’s identified goods include marijuana, cannabis, hemp, marijuana-based, cannabis-based or hemp-based preparations, or marijuana, cannabis or hemp-based extracts or derivatives, synthetic marijuana, or any other illegal controlled substances?
2.Do applicant’s identified goods include tetrahydrocannabinol “THC” as an ingredient?
3.Do applicant’s identified goods include cannabidiol (CBD) as an ingredient?
4.If the goods contain “CBD,” state the source of the CBD, e.g., whether extracted from marijuana or from oil of the seeds of industrial hemp plants imported to the United States.
5.Are the applicant’s goods/services lawful pursuant to the Controlled Substances Act?

Once you address the questions of the examining attorney, we can forward your responses on to him.



Sincerely,



Ann Hammack

Administrative Paralegal

The Trademark Company, PLLC

2703 Jones Franklin Road, Suite 206

Cary, NC 27518

Phone (800) 906-8626 x110

www.TheTrademarkCompany.com



Matthew H. Swyers

To
me

CC
'Paul Szulak'



Oct 2







No oversight and you always get a direct response. It appears the office action is still outstanding. We will look into it and get back to you shortly.



Thank you for the email.,





Matthew H. Swyers

The Trademark Company, PLLC

344 Maple Avenue West, PBM 151

Vienna, VA 22180 USA

Phone (800) 906-8626 x100

Facsimile (270) 477-4574

www.TheTrademarkCompany.com



Only thing is that with the misinformation in the News of October 6, how many of the positives given at a later date can one believe as fact?
There is talk about a rush production run, not an emergency production run by mid October in paragraph one. There is no mention of any other production run until paragraph five. Paragraph 5 addresses "This third run", no other way to read the article as multiple future runs are not included in the entire rhetoric of the article "This third run" of 30000 cases did not occur by mid October and had not occurred at release of the letter to shareholders on Nov 7, however Amazon.com consumer demand was mysteriously restocked without the need of "This third run" production run. Either Minerico allowed the needs of Amazon.com inventories to be neglected via current available product, omitted a smaller production run in the Oct 6 article, or pumped the public and investors with unachieved or non anticipated volume "This third run" production quantities.

By the way, I have not found a bottler that will carry out a production run for a quantity of less than 52000 bottles.



And yes the third run is mentioned right there in paragraph five!

Should I carry forward with other discrepancies revealed in the Letter to Investors?


Minerco/Level 5 Schedule Rush Production Run to Meet Consumer Demand

HOUSTON, Oct. 6, 2014 (GLOBE NEWSWIRE) -- Level 5 Beverage Company, Inc., a subsidiary ofMinerco Resources, Inc. (OTCQB:MINE), announces today it has scheduled a rush production run in mid-October for one of the original flavors of its functional sparkling waters, VitaminFIZZ(R), to meet the robust demand of their Amazon.com store customers. Sales for the Strawberry Watermelon flavor of VitaminFIZZ have far exceeded the expectations of Level 5 and currently this popular flavor is sold out online. Strawberry Watermelon is still available at retail outlets in the New York and Southern California markets, which can be found through the new online locator at www.vitamin-fizz.com.

"We knew we had a great product with VitaminFIZZ but just didn't realize how popular it would be online," said V. Scott Vanis, Minerco's Chairman and CEO. "Keeping up with the online demand for VitaminFIZZ has been a bit of a challenge, but one we really like having."

Due to strong sales and positive consumer feedback, Level 5 will expand the variety of flavor offerings on the Amazon store. Beginning the week of October 6, 2014, VitaminFIZZ fans can try the latest flavors of Black Raspberry and Strawberry Lemonade while they wait for Watermelon Strawberry to return. Level 5 will also be offering free shipping to Amazon Prime subscribers.

"We have received a tremendous amount of great feedback on the flavor of VitaminFIZZ. Although this isn't a big surprise, we are still very pleased with the results," said Darin Ezra, CEO of Power Brands. "The growing demand will have a positive effect on the fast growing distribution of this amazing new brand."

This third run will produce approximately 30,000 cases of VitaminFIZZ. In August, the first run of VitaminFIZZ produced 18,000 cases in the three original flavors. The second run was also ahead of schedule and produced 5,000 cases in six flavors. In addition to the Amazon store, VitaminFIZZ is currently being distributed to retail outlets in New York and Southern California through Drink King and Avanzar, respectively.

About VitaminFIZZ

VitaminFIZZ is a lightly sparkling, flavor-filled, refreshing beverage with an awesome boost of essential vitamins developed to quench your thirst, naturally. VitaminFIZZ is caffeine free, is Non GMO, has zero calories and contains 100% of recommended daily Vitamin B and Vitamin C. Awaken your taste buds. Now that's refreshing. VitaminFIZZ comes in six flavors: Orange Mango, Strawberry Watermelon, Lemon Lime, Black Raspberry, Strawberry Lemonade and Pineapple Coconut. See more at: www.vitamin-fizz.com, www.twitter.com/vitaminfizz and www.facebook.com/drinkvitaminfizz.

About Minerco Resources, Inc.

Minerco Resources, Inc. (OTCQB:MINE), is the parent company of Level 5 Beverage Company, Inc. (Level 5), a specialty beverage company which develops, produces, markets and distributes a diversified portfolio of forward-thinking, good-for-you consumer brands. The Level 5 brand umbrella includes: VitaminFIZZ(R), Vitamin Creamer(R), Coffee Boost(TM), The Herbal Collection(TM) and LEVEL 5(R). http://minercoresources.com.

Public Disclosure

Details of the Company's business, finances and agreements can be found as part of the Company's continuous public disclosure as a fully reporting issuer under the Securities Exchange Act of 1934 filed with the Securities and Exchange Commission's ("SEC" EDGAR database. For more information, please visit: http://www.minercoresources.com. The above statements have not been evaluated by the Food and Drug Administration (FDA). These products are not intended to diagnose, treat, cure or prevent any disease.

Safe Harbor Statement

This release contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Act of 1934 that are based upon current expectations or beliefs, as well as a number of assumptions about future events. Although we believe that the expectations and assumptions upon which they are based are reasonable, we can give no assurance that such expectations and assumptions will prove to have been correct. Some of these uncertainties include, without limitation, the company's ability to perform under existing contracts or to procure future contracts. The reader is cautioned not to put undue reliance on these forward-looking statements, as these statements are subject to numerous factors and uncertainties, including without limitation, successful implementation of our business strategy and competition, any of which may cause actual results to differ materially from those described in the statements. We undertake no obligation and do not intend to update, revise or otherwise publicly release any revisions to these forward-looking statements to reflect events or circumstances after the date hereof or to reflect the occurrence of any unanticipated events. Although we believe that our expectations are based on reasonable assumptions, we can give no assurance that our expectations will materialize. Many factors could cause actual results to differ materially from our forward-looking statements.

CONTACT: W. Jason Grimley

Spelling Communications

323-309-8714

jasongrimley@spellcom.com



October 06, 2014 09:30 ET (13:30 GMT)



Now THAT would be phenomenol. Thanks for planting that seed. lol
MINE $$$$ LQQKING forward to Whole Foods Distribution coming soooooooon!!!! ))
Dan Ginsberg: Darin, as you likely know, as the former CEO of Red Bull North America, I’m presented with new beverage ideas every week, sometimes several times per week. And although some are intriguing, rarely do I see one that has the consumer appeal to do the heavy lifting that’s required in the crowded and lucrative market.

I do believe, though, VitaminFizz may be one of those contenders because sliding in between water, all be it sparkling water, and the vitamin enhanced products, VitaminFizz is a great tasting product that features a price point that’s attractive to any level of consumer and a margin that affords you promotional flexibility, which is totally required in this day and age. So further, I think it can follow on the heels of the amazingly successful Sparkling Ice brand and the imposters who try to follow it. This one may just have the right stuff to do it.

So although there’s no guarantee in this business, we both know that, it appears to me that VitaminFizz has a very good shot of making it happen. And I’m glad to be a part of team.

Dan is a shareholder in VitaminFizz, and I've asked him to share a few words with us. He directed the statements at me, almost in the form of a conversation that we had, and directly after my discussion now we will be playing a recording that Dan prepared for us.

Anyway, overall the best opportunity, I believe, is not only groundbreaking for Minerco as the major shareholder in Level 5 Beverages, but I believe this is an opportunity that could essentially reshape the beverage industry again. With the support of the CEOs of Red Bull, the CEOs of Big Red, and many other similar national and global strategic partnerships that Power Brands have established over the decade that we've been working in this industry successfully, we believe that this could be the next billion dollar brand.
Not a chance in the world you will have summons
Agree with that! Honesty is not tolerated on this chat
But still not even in two states here
They never said anything about the third production run of 30,000 cases happening in mid October. I think you are referring to the emergency production run in mid October to restock Strawberry Watermelon. But there was never a date given for the 30,000 case run until the letter on Friday.

They are right on time as far as I'm concerned.
Thank you for the info. One of my friends who used to live in KC just moved to NYC and posted a pic on my fb wall saying it's good! So he found it in NYC and he likes it... it's really interesting how things work.
Bought some Vitamin Fizz at Walgreens today and they were out of most of the ones on the shelves. While I was paying one of the employees said she can get more from the back for me and that people keep buying them. I asked for lemon lime and black raspberry because those were gone from the shelves and she brought me a case of each. This stuff really is selling. I know one person who knows nothing about the stock and she has been drinking it.
$MINE IS BUILDING AN EMPIRE THAT WILL STRETCH ACROSS THE GLOBE! VITAMINFIZZ RECENTLY ANNOUNCED IT'S GOING TO EUROPE!!! WOW!!!!
MINE Sells More Shares Than VitaminFizz! Fact. Go MINE! Too The Moon! When Is The Pump&Dump?
$MINE IS ABOUT TO EXPLODE BECAUSE VITAMINFIZZ IS SELLING OUT EVERYWHERE!!!! UP WE GO!!!!
MINE 0.04! After R/S. Go MINE!
SHARES BEING UNLOADED ON U SHEEP ! LOL
MINE SCAM!!
Initial Statement of Beneficial Ownership (3) "Edgar (US Regulatory)" - 11/7/2014 5:19:31 PM
Annual Report (10-k) "Edgar (US Regulatory)" - 11/7/2014 5:19:18 PM
Statement of Changes in Beneficial Ownership (4) "Edgar (US Regulatory)" - 11/7/2014 5:13:50 PM
Statement of Changes in Beneficial Ownership (4) "Edgar (US Regulatory)" - 11/7/2014 5:11:10 PM
Current Report Filing (8-k) "Edgar (US Regulatory)" - 11/5/2014 1:19:39 PM
Notification That Annual Report Will Be Submitted Late (nt 10-k) "Edgar (US Regulatory)" - 10/29/2014 4:16:08 PM
Current Report Filing (8-k) "Edgar (US Regulatory)" - 10/27/2014 1:16:47 PM
Current Report Filing (8-k) "Edgar (US Regulatory)" - 9/3/2014 10:44:53 AM
Minerco's Level 5 Awards VitaminFIZZ® Distribution Deal "InvestorsHub NewsWire" - 8/14/2014 12:34:08 PM
Amended Current Report Filing (8-k/a) "Edgar (US Regulatory)" - 8/7/2014 6:03:29 AM
Current Report Filing (8-k) "Edgar (US Regulatory)" - 8/6/2014 5:27:33 PM
VitaminFizz(R) Starts Full Scale Commercial Production "InvestorsHub NewsWire" - 8/4/2014 6:03:03 PM
VitaminFIZZ® Hits The Production Line in August "PR Newswire (US)" - 7/23/2014 10:00:00 AM
Statement of Changes in Beneficial Ownership (4) "Edgar (US Regulatory)" - 7/21/2014 1:00:56 PM
Statement of Changes in Beneficial Ownership (4) "Edgar (US Regulatory)" - 7/10/2014 9:40:32 AM
Current Report Filing (8-k) "Edgar (US Regulatory)" - 7/10/2014 9:30:34 AM
Information Statement - All Other (definitive) (def 14c) "Edgar (US Regulatory)" - 7/8/2014 5:29:30 PM
Statement of Changes in Beneficial Ownership (4) "Edgar (US Regulatory)" - 6/26/2014 9:30:36 AM
Statement of Changes in Beneficial Ownership (4) "Edgar (US Regulatory)" - 6/25/2014 3:02:20 PM
Current Report Filing (8-k) "Edgar (US Regulatory)" - 6/25/2014 3:00:37 PM
Level 5 Beverage Company Acquires the Vitamin Creamer(R) Trademark and Brand "Marketwired" - 6/25/2014 9:55:00 AM
Current Report Filing (8-k) "Edgar (US Regulatory)" - 6/25/2014 9:45:40 AM
Level 5 Beverage Company Launches VitaminFIZZ(R) in the New York City Market "Marketwired" - 6/24/2014 9:40:00 AM
Proxy Statement - Other Information (preliminary) (pre 14c) "Edgar (US Regulatory)" - 6/24/2014 9:20:21 AM
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