Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA472746
`ESTTA Tracking number:
`05/16/2012
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`Opposer Information
`
`Name
`Granted to Date
`of previous
`extension
`Address
`
`Party who filed
`Extension of time
`to oppose
`Relationship to
`party who filed
`Extension of time
`to oppose
`
`DSM IP ASSETS B.V.
`05/20/2012
`
`HET OVERLOON 1
`HEERLEN, 6411TE
`NETHERLANDS
`
`Martek Biosciences Corporation
`
`Martek Biosciences Corporation was acquired by DSM IP ASSETS B.V., as
`evidenced in the assignment recorded on 03/28/2012 under reel/frame no.
`4744/0616.
`
`Attorney
`information
`
`Monica Riva Talley, Esq.
`Sterne, Kessler, Goldstein & Fox
`1100 New York Ave. NW
`Washington, DC 20005
`UNITED STATES
`tm@skgf.com, mtalley@skgf.com Phone:202-371-2600
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`International
`Registration No.
`Applicant
`
`77558956
`05/16/2012
`
`NONE
`
`Publication date
`Opposition
`Period Ends
`International
`Registration Date
`
`11/22/2011
`05/20/2012
`
`NONE
`
`911979 Alberta Ltd.
`2305 - 29 Street N.E.
`Calgary, T1Y 0A4
`CANADA
`Goods/Services Affected by Opposition
`
`Class 005.
`All goods and services in the class are opposed, namely: (Based on Section 44(e), Canadian Reg.
`No. TMA 457,618) Throat lozenges and medical throat sprays; preparations for treating cough and
`cold, namely, cough and cold capsules, cough and cold powders, cough and cold preparations with
`codeine, nasal spray preparations, antihistamines; antacids and nausea treatment preparations,
`laxatives, anti-diarrheal liquid medication; multivitamin preparations, mineral supplements, calcium
`supplements; dietary health food supplements, namely, brewer's yeast for medical purposes, calcium
`and magnesium supplements, garlic and parsley supplements for medical use, garlic capsules for
`
`

`
`medical use, odorless garlic oil capsules for medical use, gelatin capsules sold empty for
`pharmaceuticals, ginseng capsules for medical use, lecithin for use as a dietary supplement, oat bran
`fibre for use as a dietary supplement and wheat germ capsules for use as a dietary supplement; eye,
`ear and nose remedies and accessories, namely, ear ache drops, saline solution for medical use;
`alcohol and alcohol pads for topical use; medical adhesive tape, gauze bandages, topical first aid
`cream, ointment and liquids; absorbent cotton for medical use; medicinal products, namely, witch
`hazel, hydrogen peroxide, rubbing alcohol, castor oil, glycerine, epsom salts, all of the foregoing used
`for medical purposes; disposable incontinence products, namely, briefs, underwear shields,
`undergarments, tampons, maxi-pads, sanitary napkins, panty shields and liners; diaper pail
`deodorizers; (Based on Section 44(e), Canadian Reg. Nos. TMA 192,911 and TMA 204,542)
`pharmaceuticals comprising analgesics, sedatives, cough and cold remedies, dermatological
`pharmaceutical preparations, liniments, antacids, antiseptics, antibiotics, antibiotic ointments, anti-
`inflammatory ointments, anti-itch ointments, medicated diaper rash ointments, mentholated ointment
`for medical use; (Based on Section 44(e), Canadian Reg. No. TMA 204,542) pharmaceuticals
`comprising nutritional herbal tonic supplements, herbal supplement tonics for the support of immune
`system function; medicinal minerals; vitamins; surgical dressings; (Based on Section 44(e), Canadian
`Reg. No. TMA 192,911) pharmaceutical preparations for treating wounds
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act section 2(d)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`3486595
`
`08/12/2008
`
`LIFE'S DHA
`
`Application Date
`
`07/31/2006
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 005. First use: First Use: 2007/09/00 First Use In Commerce: 2007/09/00
`Nutritional supplements; dietary supplements; food for babies; nutritional food
`bars for meal replacement and for medicinal purposes, namely, dietetic bars,
`diabetic bars, high protein bars, energy bars, low glycemic bars and low
`carbohydrate bars; foods for medically restricted diets; nutritionally fortified
`beverages; foods for restricted diets and for weight reduction
`Class 016. First use: First Use: 2007/01/00 First Use In Commerce: 2007/01/00
`Printed guides containing information about the benefits of DHA and omega-3
`fatty acids; printed instructional and educational materials containing information
`about the benefits of DHA and omega-3 fatty acids; informational flyers about
`the benefits of DHA
`Class 029. First use: First Use: 2007/06/00 First Use In Commerce: 2007/06/00
`Eggs; dairy products excluding ice cream, ice milk and frozen yogurt; dairy-
`
`

`
`based beverages; soy-based food beverages used as a milk substitute; dairy
`analogues, namely, soy milk, flavored soy milk; flavored dairy analogue drinks in
`the nature of dairy food beverages; flavored milk-based drinks; yogurt based
`beverages; yogurt; egg substitutes; prepared entrees consisting primarily of
`vegetables
`Class 030. First use: First Use: 2007/03/00 First Use In Commerce: 2007/03/00
`Cereal products, namely, cereal-based snack food and ready to eat cereal-
`derived food bars; prepared entrees consisting primarily of rice
`Class 032. First use: First Use: 2007/10/00 First Use In Commerce: 2007/10/00
`Beverages, namely, fruit juices; soft drinks
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`3948040
`
`04/19/2011
`
`LIFE'S DHA
`
`Application Date
`
`12/05/2006
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 005. First use: First Use: 2007/09/00 First Use In Commerce: 2007/09/00
`NUTRITIONAL SUPPLEMENTS; DIETARY SUPPLEMENTS; FOOD FOR
`BABIES; FOOD ADDITIVES FOR USE AS NUTRITIONAL SUPPLEMENTS;
`NUTRITIONALLY FORTIFIED BEVERAGES (09/00/2007); DIETARY
`SUPPLEMENT DRINKS
`Class 029. First use: First Use: 2007/01/00 First Use In Commerce: 2007/01/00
`FOOD, NAMELY, EGGS; DAIRY PRODUCTS EXCLUDING ICE CREAM, ICE
`MILK AND FROZEN YOGURT; DAIRY-BASED BEVERAGES; DAIRY
`ANALOGUES, NAMELY, SOY MILK, FLAVORED SOY MILK, SOY YOGURT,
`SOY SPREAD, SOY CHEESE; YOGURT BASED BEVERAGES; CHEESE;
`YOGURT (01/00/2007); SALAD OIL
`Class 030. First use: First Use: 2009/02/00 First Use In Commerce: 2009/02/00
`BAKERY GOODS, NAMELY, BREAD, BREAD ROLLS, BREAD LOAVES,
`CRISP BREADS, BISCUITS, PASTRIES, CAKES, COOKIES, TARTS AND
`PIES; OATMEAL (02/00/2009)
`Class 032. First use: First Use: 2007/09/00 First Use In Commerce: 2007/09/00
`BEVERAGES, NAMELY, FRUIT JUICES; FRUIT DRINKS
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`
`3930068
`
`Application Date
`
`08/14/2006
`
`03/08/2011
`
`Foreign Priority
`Date
`LIFE'S DHA HEALTHY BRAIN, EYES, HEART
`
`NONE
`
`

`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the words "LIFE'S DHA HEALTHY BRAIN, EYES, HEART"
`in a stylized font inside a stylized rectangle.
`Class 005. First use: First Use: 2006/10/00 First Use In Commerce: 2006/10/00
`Nutritional drinks for use as a meal replacement; nutritional supplements; dietary
`supplements; infant formula; food for babies; food additives for use as nutritional
`supplements; nutritional food bars for meal replacement and for medicinal
`purposes, namely, dietetic bars, diabetic bars, high protein bars, energy bars,
`low glycemic bars and low carbohydrate bars; foods for medically restricted
`diets; nutritionally fortified beverages; dietary supplement drinks; oils, namely,
`nutritional oils not for cosmetic purposes
`Class 016. First use: First Use: 2007/03/00 First Use In Commerce: 2007/03/00
`PRINTED GUIDES CONTAINING INFORMATION ABOUT THE BENEFITS OF
`DHA AND OMEGA-3 FATTY ACIDS; PRINTED INSTRUCTIONAL AND
`EDUCATIONAL MATERIALS CONTAINING INFORMATION ABOUT THE
`BENEFITS OF DHA AND OMEGA-3 FATTY ACIDS; INFORMATIONAL
`FLYERS ABOUT THE BENEFITS OF DHA
`Class 029. First use: First Use: 2005/03/00 First Use In Commerce: 2005/03/00
`Eggs; dairy products excluding ice cream, ice milk and frozen yogurt; dairy-
`based beverages; soy-based food beverages used as a milk substitute; dairy
`analogues, namely, soy milk, flavored soy milk, soy yogurt, soy spread, soy
`cheese; flavored milk-based drinks; butter; spreadable edible fat; dairy-based
`spreads; yogurt; milk; fish; salad oil
`Class 030. First use: First Use: 2008/03/00 First Use In Commerce: 2008/03/00
`frozen dairy deserts, namely, ice cream, flavored ices, ice milk and frozen
`yogurt; bakery goods, namely, bread, bread rolls, bread loaves, crisp breads,
`biscuits, pastries, cakes, cookies, tarts and pies; confectioneries, namely, candy
`and chocolate candy; sauces; rice products, namely, puffed rice, rice bread and
`rice cakes
`Class 032. First use: First Use: 2008/06/01 First Use In Commerce: 2008/06/01
`Beverages, namely, fruit juices; fruit drinks
`
`Attachments
`
`78980348#TMSN.jpeg ( 1 page )( bytes )
`77057636#TMSN.jpeg ( 1 page )( bytes )
`78951186#TMSN.jpeg ( 1 page )( bytes )
`3715.228opt1 Notice of Opposition.pdf ( 34 pages )(3847307 bytes )
`
`The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their address
`record by First Class Mail on this date.
`
`Certificate of Service
`
`

`
`Signature
`Name
`Date
`
`/Monica Riva Talley/
`Monica Riva Talley, Esq.
`05/16/2012
`
`

`
`Attorney Docket: 3715.228OPT1
`
`IN THE !.H'€|TED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`DSM IP Assets B.V. (and its predecessor
`in interest, Martek Biosciences
`Corporation),
`
`V.
`
`911979 Alberta Ltd.,
`
`Opposer,
`
`Applicant.
`
`Opposition No.:
`
`Mark: LIFE BRAND
`
`Serial No.: 77558956
`Filed: August 29, 2008
`
`i\5OTICE OF OPPOSITION
`
`DSM IP Assets B.V. ("Opposer"), a Netherlands limited liability company having
`
`a principal place of business at Het Overloon 1, Heerlen, Netherlands 6411TE, believes
`
`that it is being and will be damaged by the registration of the above-identified trademark
`
`shown in Application Serial No. 77558956 and hereby opposes grant of the registration
`
`in Class 5. As grounds for opposition, Opposer alleges that, upon actual knowledge
`
`with respect to Opposer‘s own acts, and upon information and belief as to other matters:
`
`Oggoser and its LIFE'S DHA iiélarks
`
`1.
`
`Since at least as early as October 2006, Opposer (and its predecessor in
`
`interest, Martek Biosciences Corporation) has used the trademark LIFE'S DHA, and
`
`variations thereof (the "L|FE'S DHA Trademarks"), throughout the United States in
`
`connection with a variety of nutritional and dietary supplements, baby foods, nutritional
`
`

`
`Notice of Opposition
`DSM lP Assets B.V. v. 911979 Alberta Ltd.
`Serial No. 77558956
`Mark: LIFE BRAND
`
`bars, nutritionally fortified beverages, and foods for restricted diets and weight
`
`reduction.
`
`2.
`
`Opposer has used its LlFE'S DHA Trademarks in the United States since
`
`prior to the filing date of Applicant's application (August 29, 2008). As a result of such
`
`use of the LlFE'S DHA Trademarks, Opposer has acquired valuable rights and goodwill
`
`for its marks for a variety of goods and services, including nutritional and dietary
`
`products and baby food products.
`
`3.
`
`Opposer is the owner of the following United States trademark
`
`registrations for its LlFE'S DHA Trademarks (printouts from the PTO TESS, TARR, and
`
`Assignment database are attached as Exhibit A):
`
`Reg.
`Date
`
`First Use
`in
`
`Commerce
`
`Class 5 Goods
`
`LlFE'S D!-EA
`
`(disclaims DHA)
`
`3486595
`
`12, 2008
`
`September Class 5 -- Nutritional supplements; dietary
`2007
`supplements; food for babies; nutritional
`food bars for meal replacement and for
`medicinal purposes, namely, dietetic
`bars, diabetic bars, higr: protein bars,
`energy bars, low glycemic bars and low
`carbohydrate bars; foods for reedically
`restricted diets; nutritionally fortified
`beverages; foods for restricted diets and
`for wei ht reduction
`
`April 19,
`2011
`
`September Class 5 -- nutritional supplements; dietary
`2007
`supplements; food for babies; food
`
`additives for use as nutritional
`
`supplements; nutritionally fortified
`beverages; dietary supplement drinks
`
`D
`
`*
`
`llfe
`
`(disclaims DHA)
`
`3948040
`
`

`
`E£Al.‘fi:¥¥ Willi. EVE5. HEAR!
`
`(disclaims DHA)
`
`3930§68
`
`Notice of Opposition
`DSM IP Assets B.V. v. 911979 Alberta Ltd.
`Serial No. 77558956
`Mark: LIFE BRAND
`
`Class 5 -- Nutritional drinks for use as a
`
`meal replacement; nutritional
`
`supplemeéts; dietary supplements; infant
`
`formula; food for babies; food additives
`for use as nutritional supplements;
`nutritional food bars for meal replacement
`and for medicinal purposes, namely,
`dietetic bars, diabetic bars, high protein
`bars, energy bars, low glycemic bars and
`low carbohydrate bars; foods for
`medically restricted diets; nutritionally
`fortified beverages; dietary supplement
`drinks; sits, namely, nutritional oils not for
`cosmetic purposes
`
`‘
`
`fit
`
`I! QSDHA
`
`
`
`4.
`
`The foregoing registrations in Paragraph 3 are valid and subsisting and
`
`constitute prima facie evidence of the validity of the marks and registrations, of
`
`Opposer's ownership of and exclusive right to use the marks in commerce, and provide
`
`constructive notice of ownership thereof by Opposer.
`
`Agglicant and its LIFE BRAND Agglication
`
`5.
`
`Upon information and belief, Applicant 911979 Alberta Ltd. ("Applicant"), is
`
`a Canadian corporation with an address of 2305-29 Street N.E. Calgary Ca zada T1Y
`
`OA4.
`
`6.
`
`Applicant is the listed owner of Application Serial No. 77558956 filed
`
`August 29, 2008, for the mark LIFE BRAND for goods in Classes 3, 5, 8, and 10,
`
`including the following goods in Class 5:
`
`Throat lozenges and medical throat sprays; preparations for treating cough and
`cold, namely, cough and cold capsules, cough and cold powders, cough and cold
`preparations with codeine, nasal spray preparations, antihistamines; antacids
`and nausea treatment preparations, laxatives, anti-diarrheal liquid medication;
`multivitamin preparations, mineral supplements, calcium supplements; dietary
`health food supplements, namely, brewer's yeast for medical purposes, calcium
`
`

`
`Notice of Opposition
`DSM IP Assets av. v. 911979 Alberta Ltd.
`Serial No. 77558956
`Mark: LIFE BRAND
`
`and magnesium supplements, garlic and parsley supplements for medical use,
`garlic capsules for medical use, odorless garlic oil capsules for medical use,
`gelatin capsules sold empty for pharmaceuticals, ginseng capsules for medical
`use, lecithin for use as a dietary supplement, oat bran fibre for use as a dietary
`supplement and wheat germ capsules for use as a dietary supplement; eye, ear
`and nose remedies and accessories, namely, ear ache drops, saline solution for
`medical use; alcohol and alcohol pads for topical use; medical adhesive tape,
`gauze bandages, topical first aid cream, ointment and liquids; absorbent cotton
`for medical use; medicinal products, namely, witch hazel, hydrogen peroxide,
`rubbing alcohol, castor oil, glycerine, Epsom salts, all of the foregoing used for
`medical purposes; disposable incontinence products, namely, briefs, undenNear
`shields, undergarments, tampons, maxi—pads, sanitary napkins, panty shields
`and liners; diaper pail deodorizers; pharmaceuticals comprising analgesics,
`sedatives, cough and cold remedies, dermatological pharmaceutical
`preparations, liniments, antacids, antiseptics, antibiotics, antibiotic ointments,
`anti-inflammatory ointments, anti-itch ointments, medicated diaper rash
`ointments, mentéolated ointment for medical use; pharmaceuticals comprising
`nutritional herbal tonic supplements, herbal supplement tonics for the support of
`immune system function; medicinal minerals; vitamins; surgical dressings;
`pharmaceutical preparations for treating wounds
`
`Applicant has disclaimed the term "BRAND" apart from the mark as shown.
`
`Likelihood of Confusion, 15 U.S.C. §1052[d)
`
`7.
`
`8.
`
`Opposer repeats and realleges each and every allegation set forth above.
`
`Opposer has used its L|FE'S DHA Trademarks in commerce since prior to
`
`the filing date of the subject Application Serial No. 77558956.
`
`9.
`
`Opposer also has priority based on its pleaded valid and subsisting
`
`registrations.
`
`10.
`
`Applicant's LIFE BRAND trademark is substantially similar in sound,
`
`appearance, and connotation to Opposer's LlFE'S DHA Trademarks. The term LIFE is
`
`the most dominant portion of both Opposer's and Applicant's marks. Further, the goods
`
`identified in the opposed application are identical and very closely related to the goods
`
`

`
`Notice of Opposition
`DSM IP Assets B.V. v. 911979 Alberta Ltd.
`SenalNo.77558956
`Mark: LIFE BRAND
`
`advertised, offered, and sold by Opposer in connection with its L|FE'S DHA
`
`Trademarks.
`
`11.
`
`Applicant's LIFE BRAND mark so resembles Opposer's registered and
`
`prior used L|FE'S DHA Trademarks as to be likely, wleen used in corenection with
`
`Applicant's goods in Class 5, to cause confusion, or to cause mistake, or to deceive
`
`under Section 2(d) of the Lanham Act, as amended, 15 U.S.C. § 1052(d).
`
`12.
`
`For these reasons, Opposer is being and will be damaged by the
`
`registration of Applicant's LIFE BRAND mark shown in Application Serial No. 77558956.
`
`WHEREFORE, Opposer respectfully requests that this opposition be sustained in
`
`favor of Opposer, and that application Serial No. 77558956 be refused registration in
`
`Class 5.
`
`A filing fee has been submitted electronically.
`
`If the filing fee is found to be
`
`insufficient for any reason, please charge such deficiency to our Deposit Account No.
`
`190036.
`
`Respectfully Submitted,
`
` Dated: May 16, 2012
`
`By:
`
`Mo 'ca Riva Talley
`STERNE, KESSLER, GOLDSTEIN
`& FOX, PLLC
`1100 New York Ave. NW
`
`Washington, DC 20005
`Telephone:
`(202) 772-8688
`Facsimile: (202)371-2540
`Attorneys for Opposer
`DSM IP Assets B.V.
`
`

`
`Notice of Opposition
`DSM IP Assets B.V. v. 911979 Alberta Ltd.
`Serial No. 77558956
`Mark: LIFE BRAND
`
`CERTIFICATE OF SERVICE
`
`I certify that a true and accurate copy of the foregoing NOTICE OF OPPOSITION
`
`was serviced by first class mail, postage prepaid, on this 16th day of Ivéay 2012, upon
`
`counsel for Applicant at the following address of record:
`
`James M. Durlacher
`
`Woodard, Emhardt, Moriarty, McNett & Hen
`Suite 3700
`
`111 Monument Cir.
`
`Indianapolis, Indiana 46204-5107
`
`—
`
`

`
`Notice of Opposition
`DSM IP Assets B.V. v. 911979 Alberta Ltd.
`Serial No. 77558956
`Mark: LIFE BRAND
`
`Notice of Opposition
`DSM IP Assets B.V. v. 911979 Alberta Ltd.
`
`Serial No. 77558956
`Mark: LIFE BRAND
`
`Exhibit A
`
`

`
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`Browser to return to TESS)
`
`LIFE’S DHA
`
`( Use the "Back" button of the Internet
`
`Word Mark
`
`LlFE'S DHA
`
`Goods and
`Services
`
`IC 005. US 006 018 044 046 051 052. G & S: Nutritional supplements; dietary supplements; food
`for babies; nutritional food bars for meal replacement and for medicinal purposes, namely, dietetic
`bars, diabetic bars, high protein bars, energy bars, low glycemic bars and low carbohydrate bars;
`foods for medically restricted diets; nutritionally fortified beverages; foods for restricted diets and for
`weight reduction. FIRST USE: 20070900. FIRST USE IN COMMERCE: 20070900
`
`IC 016. US 002 005 022 023 029 037 038 050. G & S: Printed guides containing information about
`the benefits of DHA and omega-3 fatty acids; printed instructional and educational materials
`containing information about the benefits of DHA and omega-3 fatty acids; informational flyers
`about the benefits of DHA. FIRST USE: 20070100. FIRST USE IN COMMERCE: 20070100
`
`IC 029. US 046. G & S: Eggs; dairy products excluding ice cream, ice milk and frozen yogurt; dairy-
`based beverages; soy-based food beverages used as a milk substitute; dairy analogues, namely,
`soy milk, flavored soy milk; flavored dairy analogue drinks in the nature of dairy food beverages;
`flavored milk-based drinks; yogurt based beverages; yogurt; egg substitutes; prepared entrees
`consisting primarily of vegetables. FIRST USE: 20070600. FIRST USE IN COMMERCE: 20070600
`
`IC 030. US 046. G & S: Cereal products, namely, cereal-based snack food and ready to eat cereal-
`derived food bars; prepared entrees consisting primarily of rice. FIRST USE: 20070300. FIRST
`USE IN COMMERCE: 20070300
`
`IC 032. US 045 046 048. G & S: Beverages, namely, fruit juices; soft drinks. FIRST USE:
`20071000. FIRST USE IN COMMERCE: 20071000
`
`Standard
`Characters
`Claimed
`
`Mark Drawing
`
`http://tess2.uspto.gov/bin/showfie1d?f=doc&state=4009:q1lrml .2.1
`
`5/16/2012
`
`

`
`Trademark Electronic Search System (TESS)
`
`Page 2 of 2
`
`Code
`(4) STANDARD CHARACTER MARK
`ggaatanggtiliw LETTER-3-OR—MORE DHA Combination of three or more letters as part of the mark
`Classification
`NOTATION-SYMBOLS Notation Symbols such as Non-Latin characterspunctuation and
`Code
`mathematical signs,zodiac signs,prescription marks
`Serial Number
`78980348
`
`Filing Date
`Current Basis
`
`July 31, 2006
`1A
`
`Original Filing
`Basis
`Published for
`Opposition
`Registration
`Number
`International
`
`Registration
`Number
`
`R ' t
`t‘
`Diff 'a '°"
`Owner
`
`Assignment
`Recorded
`
`Attorney of
`Record
`Disclaimer
`
`1B
`
`November 20, 2007
`
`3486595
`
`0941792; 1028587
`
`August 12, 2008
`(REGISTRANT) Martek Biosciences Corporation CORPORATION DELAWARE 6480 Dobbin Road
`Columbia MARYLAND 21045
`
`(LAST LISTED OWNER) DSM IP ASSETS B.V. LIMITED LIABILITY COMPANY NETHERLANDS
`HET OVERLOON 1 HEERLEN NETHERLANDS 6411TE
`
`ASSIGNMENT RECORDED
`
`.
`Tracy-Gene G. Durkin
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "DHA" APART FROM THE MARK AS
`SHOWN
`
`Type of Mark
`
`TRADEMARK
`
`Register
`LivelDead
`Indicator
`
`PRINCIPAL
`
`LIVE
`
`in: flaws smumma
`
`
`....
`
`......
`
`...........................................................................................................................................................................................
`
`|,I-IOME I SITE INDEXI SEARCH I eBUS|NESS I HELP i PRIVACY POLICY
`
`http://tess2.uspto.goV/bin/sh0wfie1d?f=doc&state=4009:q1lrml .2.1
`
`5/16/2012
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`

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`Latest Status Info
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`Page 1 of 6
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`Thank you for your request. Here are the latest results from the TARR web server.
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`This page was generated by the TARR system on 2012-05-16 09:04:48 ET
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`Serial Number: 78980348 Ass.is1mncnt §lInfQ"rmati.o11__
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`:lI‘radem.ark Docum.e:nt Retrievai
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`Registration Number: 3486595
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`Mark
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`LlFE’S DHA
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`(words only): LIFE'S DHA
`
`Standard Character claim: Yes
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`Current Status: Registered. The registration date is used to determine when post-registration
`maintenance documents are due.
`
`Date of Status: 2008-08-12
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`Filing Date: 2006-07-31
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`Transformed into a National Application: No
`
`Registration Date: 2008-08-12
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`Register: Principal
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`Law Office Assigned: LAW OFFICE 108
`
`If you are the applicant or applicant's attorney and have questions about this file, please contact
`the Trademark Assistance Center at Igadgmark/As§istance(Ienter6ii2us tosrov
`
`Current Location: 650 -Publication And Issue Section
`
`Date In Location: 2008-07-10
`
`LAST APPLICANT(S)/OWNER(S) OF RECORD
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`1. DSM IP ASSETS B.V.
`
`Address:
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`DSM IP ASSETS B.V.
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`http://tarr.uspto. gov/servlet/ta1r?regser=serial&entry=78980348
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`5/16/2012
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`

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`Latest Status Info
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`HET OVERLOON 1
`
`HEERLEN 641lTE
`Netherlands
`
`Legal Entity Type: Limited Liability Company
`State or Country Where Organized: Netherlands
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`Page 2 of 6
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`GOODS AND/QR SERVICES
`
`International Class: 005
`Class Status: Active
`
`Nutritional supplerreents; dietary supplements; food for babies; nutritional food bars for meal
`replacement and for medicinal purposes, namely, dietetic bars, diabetic bars, higie protein bars, energy
`bars, low glycemic bars and low carbohydrate bars; foods for medically restricted diets; nutritionally
`fortified beverages; foods for restricted diets and for weight reduction
`Basis: 1(a)
`First Use Date: 2007-09-00
`
`First Use in Commerce Date: 2007-09-00
`
`International Class: 016
`Class Status: Active
`
`Printed guides containin.g information about the benefits of DHA and omega-3 fatty acids; printed
`instructional and educational materials containing information about the benefits of DHA and omega-3
`fatty acids; informational flyers about the benefits of DHA
`Basis: 1(a)
`First Use Date: 2007-01-00
`First Use in Commerce Date: 2007-01-00
`
`International Class: 029
`Class Status: Active
`
`Eggs; dairy products excluding ice cream, ice milk and frozen yogurt; dairy-based beverages; soy-based
`food beverages used as a milk substitute; dairy analogues, namely, soy milk, flavored soy milk; flavored
`dairy analogue drinks in the nature of dairy food beverages; flavored milk-based drinks; yogurt based
`beverages; yogurt; egg substitutes; prepared entrees consisting primarily of vegetables
`Basis: 1(a)
`First Use Date: 2007-06-00
`
`First Use in Commerce Date: 2007-06-00
`
`International Class: 030
`Class Status: Active
`
`Cereal products, namely, cereal.-based snack food and ready to eat cereal-derived food bars; prepared
`entrees consisting primarily of race
`Basis: 1(a)
`First Use Date: 2007-03-00
`
`First Use in Commerce Date: 2007-03-00
`
`International Class: 032
`
`Class Status: Active
`
`Beverages, namely, fruit juices; soft drinks
`Basis: 1(a)
`First Use Date: 2007-l 0-00
`
`http://tarr.uspto.gov/servlet/tarr?regser=seria1&entry=78980348
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`5/16/2012
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`Latest Status Info
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`Page 3 of 6
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`First Use in Commerce Date: 2007-10-00
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`Disclaimer: "DHA"
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`ADDITIONAL INFORMATION
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`MADRID PROTOCOL INFORMATION
`
`USPTO Reference Number: A0018408
`
`International Registration Number: 1028587
`International Registration Date: 2010-01-19
`Original Filing Date with USPTO: 2010-01-19
`International Registration Status: Application For IR Registered By IB
`Date of International Registration Status: 2010-02-25
`International Registration Renewal Date: 2020-01-19
`Irregularity Reply by Date: (DATE NOT AVAILABLE)
`
`Madrid History:
`05-11-2012 - 12:43:24 - Change Of Owner Received From IB
`10-13-2010 - 13:09:56 - Ceasing Of Effect Reviewed - No Action Required By Office
`09-23-2010 - 08:00:13 - Partial Ceasing Of Effect To Be Processed
`02-25-2010 - 15:18:25 - Application For IR Registered By [B
`01-21-2010 - 21:02:58 - IR Certified And Sent To IB
`
`01-21-2010 - 06:47:36 - Manually Certified
`01-19-2010 — 19:01 :52 - New Application For IR Received
`
`USPTO Reference Number: A0006934
`
`International Registration Number: 0941792
`International Registration Date: 2007-01-16
`Original Filing Date with USPTO: 2007-01-16
`International Registration Status: Application For IR Registered By IB
`Date of International Registration Status: 2007-11-22
`International Registration Renewal Date: 2017-01-16
`Irregularity Reply by Date: (DATE NOT AVAILABLE)
`
`Madrid History:
`05-11-2012 - 12:48:16 - Change Of Owner Received From IB
`04-27-2012 - 08:00:55 - Ceasing Of Effect Manually Processed
`12-13-2011 - 08:00:55 - Partial Ceasing Of Effect To Be Processed
`12-11-2008 - 14:44:08 - Ceasing Of Effect Reviewed - No Action Required By Office
`1.1-13-2008 - 08:00:23 - Partial Ceasing Of Effect To Be Processed
`06-26-2008 - 19:27:21 - Division Of Base Application Processed By IB
`06-03-2008 - 21:00:57 - Divisional Of Base App Notice Sent To IB
`06-03-2008 - 02:00:16 - Divisional Of Base App Notice Created, To Be Sent To IB
`11-22-2007 - 15:05:16 - Application For IR Registered By IB
`10-02-2007 - 21:03:22 - Irregularity Response Sent To IB
`10-02-2007 - 07:19:53 - Response To Irregularity Reviewed And Accepted
`10-01-2007 - 18:56:52 - Irregularity Response Received From Applicant
`07-24-2007 - 09:02:34 - Irregularity Notice Received From IB (Response Required)
`
`http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=789803 48
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`Latest Status Info
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`Page 4 of 6
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`01-18-2007 - 21:00:36 - IR Certified And Sent To IB
`
`01-18-2007 - 16:54:02 - Manually Certified
`01-16-2007 - 12:40:56 - New Application For IR Received
`
`PROSECUTION HISTORY
`
`NOTE: To view any document referenced below, click on the link to "Trademark Document
`Retrieval" shown near the top of this page.
`
`2012-04-04 - Automatic Update Of Assignment Of Ownership
`
`2010-02-22 — Attorney Revoked And/Or Appointed
`
`2010-02-22 - TEAS Revoke/Appoint Attorney Received
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`2008-08-12 - Registered - Principal Register
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`2008-07-10 - Law Office Registration Review Completed
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`2008-07-10 - Allowed for Registration - Principal Register (SOU accepted)
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`2008-07-09 - Teas/Email Correspondence Entered
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`2008-07-09 - Communication received from applicant
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`2008-07-08 - Assigned To LIE
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`2008-07-07 - TEAS Response to Office Action Received
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`2008-07-01 - Notification Of Non-Final Action E-Mailed
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`2008-07-01 - NON-FINAL ACTION E-MAILED
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`2008-07-01. - SU - Non-Fin.al Action - Written
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`2008-06-02 - Statement Of Use Processing Complete
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`2008-05-27 - Use Amendment Filed
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`2008-06-02 - Divisional processing completed
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`2008-05-27 - Divisional request received
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`2008-05-27 - PAPER RECEIVED
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`2008-02-12 - NOA Mailed - SOU Required From Applicant
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`2007-11-20 - Published for opposition
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`2007-10-31 - Notice of publication
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`http://tarr.uspto. gov/servlet/tarr?regser=serial&entry=78980348
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`5/16/2012
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`Latest Status Info
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`Page 5 of 6
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`2007-10-12 - Law Office Publication Review Completed
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`2007-08-30 - Approved For Pub - Principal Register
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`2007-08-29 - Examiner's Amendment Entered
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`2007-08-29 - Notification Of Examiners Amendment E-Mailed
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`2007-08-29 - EXAMINERS AMENDM'E.NT E-MAILED
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`2007-08-29 - Examiners Amendment -Written
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`2007-08-28 - Previous Allowance Count Withdrawn
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`2007-08-27 - Withdrawn From Pub - Og Review Query
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`2007-08-21 - Law Office Publication Review Completed
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`2007-08-20 - Approved For Pub - Principal Register
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`2007-08-20 - Previous Allowance Count Withdrawn
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`2007-08-17 - Withdrawn From Pub - Managing Attorney Request
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`2007-08-15 - Law Office Publication Review Completed
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`2007-08-15 - Approved For Pub - Principal Register
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`2007-08-09 — Teas/Email Correspondence Entered
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`2007-08-09 - Communication received from applicant
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`2007-08-08 - Notification Of Examiner's Amendment/Priority Action E-Mailed
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`2007'-08-08 - Examiner's Amendment/Priority Action E—Mailed
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`2007-08-08 - Examiners Amendment And/Or Priority Action - Completed
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`2007-08-07 - TEAS Response to Office Action Received
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`2007-07-19 - Teas/Email Correspondence Entered
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`2007-07-19 - Communication received from applicant
`
`2007-07-19 — Assigned To LIE
`
`2007-07-03 - TEAS Response to Office Action Received
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`2007-01-04 — Non-final action e-mailed
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`http://tarr.uspto. gov/servlet/tarr?regser=ser%a1&entry=78980348
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`5/16/2012
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`

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`Latest Status Info
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`Page 6 of 6
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`2007-01-04 - Non-Final Action Written
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`2006-12-26 - Assigned To Examiner
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`2006-08-04 - New Application Entered In Tram
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`ATTORNEY/CORRESPONDENT INFORMATION
`
`Attorney of Record
`Tracy-Gene G. Durkin
`
`Correspondent
`Tracy—Gene G. Durkin
`Sterne, Kessler, Goldstein & Fox P.L.L.C
`1100 New York Avenue, N.W.
`Washington DC 20005
`Phone Number: 202-371-2600
`Fax Number: 202-371-2540
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`http://tarr.uspto.goV/servlet/tarr?regser=serial&entry=789803 48
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`5/16/2012
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`

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`USPTO Assignments on the Web
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`Page 1 of 1
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`United fitates ?e'i;e:3i; and Trademark Office
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`Assignments on the Web > Trademark Query
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`Trademark Assignrnerat Abstract of Title
`
`Total Assignments: 1
`Filing Dt: 07/31/2006
`Serial #: Z5i9§9.i‘fi
`Registrant: Martek Biosciences Corporation
`‘Hark: LIFE'S DHA
`
`Assignment: 1
`Received: 03/28/2012
`Reel/Frame; 4744/06.1.6
`Conveyance: ASSIGNS THE ENTIRE INTEREST
`
`Assignor: MARTEK BIOSCIENCES CORPORATION
`
`Assignee: DSM IP ASSETS B.V.
`HET OVERLOON 1
`HEERLEN, NETHERLANDS 6411TE
`
`Correspondent: MONICA R. TALLEY/SKGF PLLC
`1100 NEW YORK AVENUE, NW
`WASHINGTON, DC 20005
`
`Domestic rep: MONICA RIVA TALLEY OF SKGF PLLC
`1100 NEW YORK AVENUE, NW
`WASHINGTON, DC 20005
`
`Reg #: 3486595
`
`Reg. Dt: 08/12/2008
`
`Recorded: 03/28/2012
`
`Pages: 45
`
`Exec Dt: 02/24/2012
`
`Entéty Type: CORPORATION
`Cétizensfiip: DELAWARE
`
`Entity Type: LIMITED LIABILIEY COMPANY
`citizenship: NETHERLANDS
`
`Search Results as of: 05/16/2012 09:03 AM
`If you have any comments or questions concerning the data displayed, contact PRD /Assignments at 571-272-3350. v.2.3.1
`Web interface last modified: Jan 26, 2012 v.2!3.1
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