HnekEey[é1HHtr0Snyder._w
`ATTORNEYS AT LAW
`28 State Street
`
`» Amy B. Spagnole, Esq.
`aSP0g"0l€@10Sll1W-00m
`Direct (61 7) 3 78-4204
`
`Boston, MA 02109-1775
`TEL: 617.345.9000
`FAX: 617.345.9020
`www.has|aw.c0m
`
`March 22, 2006
`
`VIA FIRST CLASS MAIL
`
`United States Patent and Trademark Office
`
`Trademark Trial and Appeal Board
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
`
`Re:
`
`Notice of Opposition of United States Trademark Application
`Applicant: Roger A. Benham
`Mark: ZONER
`
`Serial No.: 78/571,192
`Class 43
`
`Dear Madam:
`
`The following documents are submitted in connection with U.S. Application Serial No.
`78/571192, filed by Roger A. Benham, for the mark ZONER in International Class 43 on the
`Principal Register:
`
`1. Notice of Opposition with Exhibits 1-2;
`2. Certificate of Mailing dated March 22, 2006;
`3. Fee in the amount of $300.00; and
`
`4. Return postcard.
`
`EXTRA CHARGE AUTHORIZATION
`
`The Commissioner is hereby authorized to charge any additional fees which may be
`required or credit any overpayment to Account No. 50-0485. A duplicate copy of this sheet is
`enclosed.
`
` . Spagnole
`
`Enclosures
`
`cc:
`575052-vl
`
`Deborah L. Benson (w/o Encl.)
`
`1500 Fleet Center, Providence, RI 02903-2393 TEL: 401.274.2000 FAX: 401.277.9600
`43 North Main Street, Concord, NH 03301-4934 TEL: 603.225.4334 FAX: 603.224.8350
`
`Hllllllllllllllll||ll|||||ll|||||||||||||Illlllll
`
`03-24-2006
`u.s. Patent 0. TMOfcITM Mail RcptDt- #2‘?
`
`

`
`IN THE UNITED STATES PATENT & TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No.
`
`Mark:
`Serial No.:
`Classes:
`
`ZONER
`78/571,192
`43
`
`)
`
`) )
`
`) )
`
`)
`>
`)
`)
`)
`)
`
`BARRY l). SEARS Ph.D.,
`
`Opposer,
`
`V-
`
`2
`ROGER A. BENHAM.
`
`Applicant.
`
`
`NOTICE OF OPPOSITION
`
`Barry D. Sears, Ph.D., a United States citizen, with an address of 222 Rosewood Drive,
`
`Suite 500, Danvers, Massachusetts 01923 (hereafter “Opposer” or “Dr. Sears”) believes that he
`
`will be damaged by registration of the mark shown in Application Serial No. 78/571,192 for the
`
`mark ZONER for “restaurant services, catering services, take out food services and cafeteria,” in
`
`International Class 43 on the Principal Register filed on February 19, 2005 by Roger A. Benham,
`
`a United States citizen with an address of P.O. Box 120830, San Diego, California 92112, and
`
`hereby opposes the same. As grounds for this opposition, Opposer alleges as follows:
`
`03/20/2006 GTHBHQSE 00000022 73571192
`
`01 FC:6-402
`
`300.00 09
`
`_
`
`
`FACTS
`
`1.
`
`Opposer is the owner of the trademark ZONE and other marks incorporating
`
`ZONE for health and nutrition products and services.
`
`2.
`
`Opposer uses the trademark ZONE and composite marks, all incorporating ZONE
`
`as the dominant portion thereof, such as ZONE LABS, ZONENET, ZONE CAFE, ZONE
`
`CUISINE, ZONE SKIN CARE, ZONERX, and DR. SEARS ZONE, in connection with a wide
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`#574653
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`variety of branded health and nutrition products and services, including print and electronic
`
`publications, educational and counseling services, meal delivery services, prepared foods,
`
`vitamins and supplements, meal replacements bars and drinks, skin care products and restaurant
`
`and cafe services.
`
`3.
`
`Opposer, Dr. Barry Sears, is the scientist and author who achieved considerable
`
`fame in connection with the lifelong hormonal and insulin control program that he first created
`
`about fifteen (15) years ago. §e_e Declaration of Barry D. Sears (“Sears Decl.”) 1] 1, attached
`
`hereto at Exhibit 1.
`
`4.
`
`Dr. Scars’ program uses food as a drug to help people control and balance their
`
`hormonal and insulin levels to achieve maximum mental productivity and as a means to
`
`improved health. Li. atfl 2.
`
`5.
`
`In 1995, Dr. Sears branded his writing, teaching and consulting on the benefits of
`
`an insulin balanced hormonal control diet with the term “ZONE.” ld_. at 1] 3.
`
`6.
`
`Dr. Sears adopted the term ZONE as his trademark to analogize the health
`
`benefits of his products and services compliant with his hormonal control program for ordinary
`
`dieters to that of the “flow” achieved by superior athletes during sports participation. L91, at 1] 4.
`
`7.
`
`The terms “flow” or “zone” have been used to denote a heightened state of
`
`consciousness during sports participation during which an athlete performs to the best of his or
`
`her ability. An article discussing this concept is attached at Exhibit 2.
`
`8.
`
`The term ZONE in Dr. Sears’ ZONE trademark and his composite marks
`
`incorporating ZONE is not used in its ordinary sense to mean “an area” -- e.g., “play zone”
`
`describing a specific area dedicated to playing.
`
`9.
`
`ZONE as used by Dr. Sears is fanciful.
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`10.
`
`Dr. Sears is well known as the source of ZONE branded products and services.
`
`11.
`
`Dr. Sears has authored numerous ZONE branded books which are premised upon
`
`using food as a drug to control and balance hormonal and insulin levels, including The Zone,
`
`Mastering the Zone, Zone Food Blocks, The Anti-Aging Zone, A Week in the Zone, The Soy Zone,
`
`The Top One Hundred Zone Foods, The OmegaRx Zone and The Anti-Inflammatory Zone. Sears
`
`Decl. at 1] 5.
`
`12.
`
`Several of these books have appeared on The New York Times bestseller list.
`
`l_cL
`
`at 1] 6.
`
`13.
`
`Dr. Sears’ The Zone was number one on The New York Times bestseller list in
`
`1996 and remained on that list for approximately twenty (20) weeks.
`
`I_cL at 1] 7.
`
`14.
`
`More than _fi\I_e _r_n_il1i_o_n hard cover copies of Dr. Sears’ ZONE branded books have
`
`been sold in the United States alone. E, at {I 8.
`
`15.
`
`Dr. Sears’ works have been translated into 2_2 languages and are sold in at least fl
`
`foreign countries. E, at 1] 9.
`
`16.
`
`In addition to his ZONE branded books, Dr. Sears and his ZONE branded health
`
`and nutrition products and services are widely known from his numerous and frequent live and
`
`taped appearances, including seminars, conferences, radio shows, and network television
`
`interviews, throughout the country. Sears Decl. at 1] 10.
`
`17.
`
`In promoting his ZONE branded health and nutrition products and services, Dr.
`
`Sears has appeared on nationally-broadcast television shows, including The Today Show in 1996
`
`and again in January 2005, 20/20 in 1999, Good Morning America on June 9, 2000, June 15,
`
`2000 and again in May 2002, Dateline in July 2002, CBS Evening News on May 21, 2003, The
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`Montel Williams Show on April 1, 2004 and Live With Regis and Kelly on February 2, 2005.
`
`I_d_.
`
`at 1] 1 1.
`
`18.
`
`Additionally, each year since 1998, Dr. Sears has conducted a week long ZONE
`
`branded seminar aboard a cruise ship, providing a series of presentations and demonstrations on
`
`mastering his hormonal and insulin control program. kg at 11 12.
`
`19.
`
`Since at least as early as 1998, Dr. Sears has used the trademarks ZONE, ZONE
`
`DIET, ZONE CRUISE and ZONE CONSULTANTS in connection with education and
`
`counseling services in the fields of diet, health and nutrition including, meal planning services,
`
`diet and nutrition counseling and providing information in the fields of diet, health and nutrition.
`
`1; at 11 13.
`
`20.
`
`Dr. Sears is well and favorably known throughout the United States and has built
`
`up valuable goodwill and reputation in the trademark ZONE.
`
`I_CL at 1] 14.
`
`21.
`
`The widespread recognition, fame and goodwill associated with ZONE for
`
`products and services in the health and nutrition marketplace is a result of the Opposer’s
`
`continuous marketing efforts, national media attention, the expenditure of considerable amounts
`
`of money for advertising and promotional activities and by virtue of the high quality of the
`
`Opposer’s ZONE branded products and services.
`
`22.
`
`Dr. Sears provides a wide array of health and nutrition products and services that
`
`are compliant with his hormonal control/insulin balanced program under the trademark ZONE
`
`and composite trademarks all containing ZONE as the dominant portion thereof, including, but
`
`not limited to, ZONE, ZONE CUISINE, ZONE CAFE, ZONE SKIN CARE, ZONERX, ZONE
`
`LABS, ZONENET and ZONE SHAKES (the “ZONE Family of Marks”).
`
`lg, at 11 15.
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`Dr. Sears’ trademark ZONE and the ZONE Family of Marks have been
`
`extensively advertised and promoted in connection with Dr. Sears’ goods and services together
`
`in such a manner as to establish the ZONE Family of Marks as a family of marks, with “ZONE”
`
`being the family surname.
`
`24.
`
`Opposer is the owner of approximately seventy (70) plus trademarks and service
`
`marks comprising or containing “ZONE” which are included in the ZONE Family of Marks for a
`
`wide array of health and nutrition products and services.
`
`Id_. at ‘H 16.
`
`By way of example, Opposer owns the following United States Trademark
`
`Registrations comprising the ZONE Family of Marks:
`
`Mark:
`
`ZONE
`
`Registration No.:
`Registration Date:
`App. Date:
`Date of First Use:
`
`Date of First Use
`
`In Commerce:
`
`Goods:
`
`2,689,749
`February 25, 2003
`May 22, 2000
`May 1995
`
`May 1995
`Publications, namely a series of books in the field of diet
`and nutrition.
`
`Mark:
`
`ZONERX
`
`Registration No.:
`Registration Date:
`App. Date:
`Date of First Use:
`
`Date of First Use
`In Commerce:
`
`Goods:
`
`2,929,836
`March 1, 2005
`September 17, 2003
`April 23, 2002
`
`April 23, 2002
`Workbooks and printed guides about diet, health, and
`nutrition.
`
`Mark:
`
`Registration No.:
`Registration Date:
`App. Date:
`Date of First Use:
`
`Date of First Use
`In Commerce:
`
`ZONE CUISINE
`
`2,997,305
`September 20, 2005
`March 1, 2004
`September 2003
`
`September 2003
`
`#574653
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`
`Goods:
`
`Mark:
`
`Registration No.:
`App. Date:
`Registration Date:
`Date of First Use:
`
`Date of First Use
`
`In Commerce:
`
`Goods:
`
`Mark:
`
`Registration No.:
`Registration Date:
`App. Date:
`Date of First Use:
`
`Date of First Use
`
`In Commerce:
`
`Goods:
`
`1
`
`Mark:
`
`Registration No.:
`App. Date:
`Registration Date:
`Date of First Use:
`
`Date of First Use
`
`In Commerce:
`
`Goods:
`
`Mark:
`
`Registration No.:
`App. Date:
`Registration Date:
`Services:
`
`Prepared and packaged entrees consisting primarily of
`meat, fish, poultry, or vegetables.
`
`ZONE CUISINE
`
`2,968,210
`December 13, 2002
`
`July 12, 2005
`September 2003
`
`September 2003
`Catering services.
`
`ZONE SKIN CARE
`
`2,623,974
`September 24, 2002
`March 30, 2001
`June 2000
`
`June 2000
`Skin care products, namely soaps, lotions, creams, and oils
`for the face, body, and hair.
`
`OMEGAZONE
`
`2,863,212
`November 1, 2001
`July 13, 2004
`March 1, 2002
`
`March 1, 2002
`Nutritional food bars
`
`DR. SEARS ZONE APPROVED
`
`3,060,942
`September 18, 2003
`February 21, 2006
`Providing on-line magazines, newsletters, bulletins, in the
`fields of diet, health, and nutrition; providing on-line
`newsletters in the fields of diet,health and nutrition by e-
`mail; catering services; restaurant, cafe and snack bar
`services; computer services, namely, providing counseling
`services, information, and educational information in the
`fields of health and nutrition via the Internet; counseling
`services in the field of diet, health and nutrition, providing
`information in the fields of diet, health, and nutrition via e-
`mail.
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`Mark:
`
`DR. SEARS ZONE
`
`Registration No.2
`App. Date:
`Registration Date:
`Services:
`
`3,059,308
`October 3, 2003
`February 14, 2006
`Providing on-line magazines, newsletters, bulletins, in the
`fields of diet, health, and nutrition; providing on-line
`newsletters in the fields of diet,health and nutrition by e-
`mail; catering services; restaurant, cafe and snack bar
`services; computer services, namely, providing counseling
`services, information, and educational information in the
`fields of health and nutrition via the Internet; counseling
`services in the field of diet, health and nutrition, providing
`information in the fields of diet, health, and nutrition via e-
`mail.
`
`Mark:
`
`DR. SEARS ZONE
`
`Registration No.:
`App. Date:
`Registration Date:
`Services:
`
`Mark:
`
`Registration No.:
`App. Date:
`Registration Date:
`Date of First Use:
`
`Date of First Use
`
`In Commerce:
`
`Services:
`
`3,066,468
`January 24, 2005
`March 7, 2006
`Retail store, catalog and mail order services featuring
`vitamins and nutritional supplements, nutritional food bars,
`health foods, and publications in the field of diet, health
`and nutrition.
`
`ZONENET
`
`3,058,099
`June 14, 2004
`February 7, 2006
`March 2004
`
`March 2004
`Distributorship and retail services by direct solicitation by
`independent sales representatives, door to door retail
`merchandising, mail order services and online retail store
`services all featuring vitamins and nutritional supplements,
`nutritional food bars, health food, edible oils and fats, skin
`care preparations and cosmetics; business consultation in
`the nature of rendering assistance to others in connection
`with the establishment and operation of distributorships in
`the field of diet, health and nutrition
`
`Mark:
`
`Registration No.:
`App. Date:
`Registration Date:
`Date of First Use:
`
`ZONE SHAKE
`
`3,038,265
`June 14, 2004
`January 3, 2006
`June 1, 2004
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`Date of First Use
`
`In Commerce:
`Goods:
`
`June 1, 2004
`Meal replacement drink mix
`
`Collectively the “ZONE Registered Marks”.
`
`26.
`
`Dr. Sears owns the following U.S. trademark applications for his ZONE Family
`
`of Marks:
`
`TRADEMARK
`DR. SEARS ZONE
`
`APP. NO.
`78/783,017
`78/783,031
`
`
`
`APP. DATE
`12/30/05
`12/30/05
`
`GOODS AND/OR SERVICES
`-Breakfast cereals, in Class 30.
`-Breakfast cereals, in Class 30.
`
`
`
`
`
`
`
`
`
`
`
`-Non-medicated skin care preparations and cosmetics;
`non-medicated skin care preparations for animals,
`namely, shampoos, lotions, oils, ointments, creams,
`soaps and conditioners, in Class 3
`-Vitamins, nutritional supplements, nutritional food bars
`for use as a nutritional supplement or meal replacement
`and medicated cosmetics; feed supplements for pets, in
`Class 5
`
`76/553,546
`
`10/03/03
`
`
`
`
`
`-Electronic publications, namely, magazines, a series of
`books, newsletters and bulletins, all recorded on
`
`computer media, in the fields of diet, health and
`
`nutrition, in Class-9
`
`-Printed materials, namely newsletters, magazines and a
`
`series of books, all in the field of diet, health and
`
`nutrition, in Class 16
`
`-Prepared entrees consisting primarily of meat, fish
`poultry, or vegetable; edible oils and fats, nutritional
`food bars, namely, protein based nutrient-dense meal
`relacement and snack bars, in Class 29
`-Bakery goods, namely, brownies, snack cakes, cookies,
`
`
`biscuits, baking chocolate, cocoa, cocoa mixes, ice
`cream, frozen yogurt, sorbet, ice cream sandwiches,
`
`
`frozen confections, in Class 30
`-Non-medicated skin care preparations and cosmetics;
`
`
`non-medicated skin care preparations for animals,
`namely, shampoos, lotions, oils, ointments, creams,
`
`soaps, and conditioners, in Class 3
`
`-Vitamins, nutritional supplements; medicated skin care
`preparations in the nature of medicated cosmetics;
`
`protein based, nutrient dense meal replacement bars;
`
`feed supplements for pets, in Class 5
`
`-Electronic publications, namely, magazines, a series of
`
`books, newsletters, and bulletins, all recorded on
`
`computer media, in the fields of diet, health and
`nutrition, in Class 9
`
`-Printed materials, namely newsletters, magazines and
`
`series of books, all in the field of diet, health and
`
`
`
`
`
`
`
`
`
`76/613,070
`
`09/20/04
`
`DR. SEARS ZONE APPROVED
`
`78/302,038
`
`09/18/03
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`
`
`nutrition, in Class 16
`-Prepared entrees consisting primarily of meat, fish,
`poultry or vegetables; edible oils and fats; protein based,
`nutrient dense snack bars, in Class 29
`—Retail store, catalog and mail order services featuring
`vitamins and nutritional supplements, nutritional food
`bars, health foods, computer software and publications in
`the fields of diet, health and nutrition, in Class 35
`-Bakery goods, namely, brownies, snack cakes, cookies,
`biscuits, baking chocolate, cocoa, cocoa mixes, ice
`cream, frozen yogurt sorbet, ice cream sandwiches,
`frozen confections and - izza, in Class 30
`
`-Hot and cold cereal, in Class 30
`
`
`
`Non-medicated skin care preparations and cosmetics;
`non-medicated skin care preparations for animals,
`namely, shampoos, lotions, oils, ointments, creams,
`soaps, and conditioners, in Class 3
`-Vitamins; nutritional supplements; protein based
`nutrient dense meal replacement bars; medicated skin
`care preparations in the nature of medicated cosmetics;
`feed supplements for pets; meal replacement drink mix,
`in Class 5
`-Electronic publications, namely, magazines, a series of
`books, newsletters, and bulletins, all recorded on
`computer media, in the fields of diet, health and
`nutrition, in Class 9
`-Printed materials, namely newsletters, magazines, and a
`series of books, all in the field of diet, health and
`nutrition, in Class 16
`-Prepared entrees consisting primarily of meat, fish
`poultry, or vegetable; edible oils and fats; nutritional
`food bars, namely, protein based nutrient dense snack
`bars, in Class 29
`-Ice cream; Bakery goods, namely, brownies, snack
`cakes, cookies, biscuits, in Class 30
`—Animal feed and animal foodstuffs; dog food and edible
`dog treats; cat food and edible cat treats, in Class 31
`-Educational services, namely, conducting workshops,
`seminars, and classes in the fields of health and
`nutrition; providing on-line magazines, newsletters and
`bulletins in the field of diet, health and nutrition via e-
`mail; information about education in the fields of diet,
`health and nutrition via the Internet, in Class 41
`-Catering services; restaurant, cafe and snack bar
`services, in Class 43
`-Providing counseling and information in the fields of
`health and nutrition via the Internet; counseling services
`
`
`in the field of diet, health and nutrition; providing
`
`
`information in the fields of diet, health and nutrition, in
`
`Class 44
`
`
`
`
`
`DR. SEARS ZONE APPROVED
`
`76/628,970
`
`01/24/05
`
`09/20/04
`
`01/30/06
`
`11/15/04
`
`'
`
`'
`
`DR. SEARS ZONE APPROVED
`
`76/612,989
`
`
`
`
`78/802,356
`
`76/620,899
`
`A
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`Os» SE44,’
`V
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`,
`‘ "
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`
`V
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`76/620,861
`
`11/15/04
`
`
`-Non-medicated skin care preparations and cosmetics;
`non—medicated skin care preparations for animals,
`namely, shampoos, lotions, oils, ointments, creams,
`soaps, and conditioners, in Class 3
`
`-Vitamins; nutritional supplements; protein based
`nutrient dense meal replacement bars; medicated skin
`care preparations in the nature of medicated cosmetics;
`feed supplements for pets; meal replacement drink mix,
`in Class 5
`
`-Electronic publications, namely, magazines, a series of
`books, newsletters, and bulletins, all recorded on
`computer media, in the fields of diet, health and
`nutrition, in Class 9
`-Printed materials, namely newsletters, magazines, and a
`series of books, all in the field of diet, health and
`nutrition, in Class 16
`,
`-Prepared entrees consisting primarily of meat, fish
`poultry, or vegetable; edible oils and fats; nutritional
`food bars, namely, protein based nutrient dense snack
`bars, in Class 29
`-Ice cream; Bakery goods, namely, brownies, snack
`cakes, cookies, biscuits, in Class 30
`-Animal feed and animal foodstuffs; dog food and edible
`dog treats; cat food and edible cat treats, in Class 31
`-Educational services, namely, conducting workshops,
`seminars, and classes in the fields of health and
`nutrition; providing on-line magazines, newsletters,
`bulletins, in the field of diet, health and nutrition via e-
`mail; information about education in the fields of diet,
`health and nutrition via the Internet, in Class 41
`-Catering services; restaurant, cafe and snack bar
`services, in Class 43
`-Providing counseling and information in the fields of
`health and nutrition via the Internet; counseling services
`in the field of diet, health and nutrition; providing
`information in the fields of diet, health and nutrition, in
`Class 44
`
`'
`
`
`
`
`
`
`5
`
`
`
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`
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`
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`
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`
`
`
`
`
`-Restaurant, café and snack bar services; Catering
`services, in Class 43
`-Prepared and packaged entrees consisting primarily of
`meat, fish, oultr or ve etables, in Class 30;
`-Food delivpery se);vices,gin Class 39;
`
`
`
`-Caterin services, in Class 43.
`-Bakery desserts; frozen confections; bakery items
`I- elatindesserts, inClass30
`including cookies, cakes, pudding, muffins, brownies;
`
`-Bakery desserts; frozen confections; cookies; cakes;
`
`pudding; muffins; brownies; flavored and sweetened
`gelatin desserts, in Class 30
`
`
`
`
`
`
`
`
`
`78/620,324
`78/646,473
`
`04/29/05
`06/08/05
`
`78/616,374
`
`04/25/05
`
`78/616,393
`
`04/25/05
`
`
`
`
`DR. SEARS ZONE DESSERTS
`
`wMEDesserts
`
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`-Retail bakery shops; food kiosk services, in Class 35
`-Restaurants, cafes and coffee shops, in Class 43
`
`
`
`
`-Bakery desserts; frozen confections; cookies; cakes;
`pudding; muffins; brownies; flavored and sweetened
`gelatin desserts, in Class 30 '
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`78/744,405
`
`11/01/05
`
`78/616,404
`
`04/25/05
`
`78/620,304
`
`04/29/05
`
`78/620,316
`
`04/29/05
`
`
`
`78/376,348
`
`03/01/04
`
`78/565,474
`
`02/11/05
`
`
`
`,,_§mN
`2- Eéiflesserts
`
`“Vane
`wlEDesserts
`
`
`
`'
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`iet Advantage
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`GLCOIII
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`DR. SEARS ZONE EXPRESS
`
`Dr. Sears
`
`Z
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`
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`
`
`Dr. Scars
`
`it
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`DR. SEARS ZONE FITNESS
`
`_1
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`1Ll’1€SS
`
`r.Seara
`
`DR. SEARS ZONE LABS
`
`DR. SEARS ZONE LABS
`
`
`
`78/605,022
`
`04/08/05
`
`78/692,840
`
`08/15/05
`
`78/376,326
`
`03/01/04
`
`78/606,015
`
`04/11/05
`
`78/301,935
`
`09/18/03
`
`78/301,937
`
`09/1 8/03
`
`
`
`
`
`#574653
`
`11
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`-Computer services, namely, providing counseling
`services, information, and educational information in the
`fields of health and nutrition via the Internet; counseling
`services in the fields of diet, health and nutrition,
`providing information in the fields of diet, health and
`nutrition via e-mail, in Class 44
`-Online magazines, newsletters, bulletins, in the fields of
`diet, health, and nutrition; online newsletters in the fields
`of diet, health and nutrition by email; workshops,
`seminars and classes in the fields of diet, health and
`nutrition, in Class 41
`-Catering services; restaurant, café and snack bar
`services, in Class 43
`
`-Nutritional and dietary supplement kits comprising
`.
`.
`.
`protein based nutrient dense meal replacement snack
`bars, meal replacement drink mix and edible oils, in
`
`Class 5
`-Educational services, namely, conducting workshops,
`seminars and classes in the field of diet, health and
`nutrition and distributing course materials in connection
`therewith, in Class 41
`-Providing counseling services and information in the
`field of diet, health and nutrition; providing information
`in the fields of diet, health and nutrition via email, in
`Class 44
`-Providing fitness and exercise facilities; physical fitness
`consulting, training and instruction services, in Class 41
` -Providing fitness and exercise facilities; physical fitness
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`
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`
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`consultation; h sical fitness instruction, in Class 41
`-Prerecorded videotapes, DVDs and audio cassette tapes
`and CDs featuring exercise and fitness instruction in
`Class 9
`
`
`-Providing fitness and exercise facilities; physical fitness
`
`
`consultin and instruction services, in Class 41
`-Non-medicated skin care preparations and cosmetics, in
`
`
`Class 3
`
`-Vitamins, nutritional supplements, and nutritional food
`
`bars for use as a nutritional supplement or meal
`lacement; medicated cosmetics, in Class 5
`-On-line retail store, catalog and mail order services
`featuring vitamins and nutritional supplements,
`
`
`nutritional food bars, health foods, edible oils and fats,
`
`
`
`non-medicated skin care preparations and cosmetics, and
`printed publications in the fields of diet, health and
`
`nutrition, in Class 35
`
`

`
`
`
`
`
`.
`
`78/629,887
`
`05/] 3/05
`
`
`
`
`
`
`-Non-medicated skin care preparations and cosmetics, in
`Class 3;
`
`-Vitamins; nutritional supplements; protein based
`nutrient dense meal replacement bars; meal replacement
`drink mix, in Class 5;
`-Retail store, catalog and mail order services featuring
`vitamins and nutritional supplements, nutritional food
`bars, health foods, computer software and publications in
`the fields of diet, health and nutrition, in Class 35
`
`
`
`
`
`
`
`
`04/11/05
`
`O F‘C C‘)ON0Z rri
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`78/797,132
`
`01/23/06
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`
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`76/376,379
`
`02/28/02
`
`
`
`
`
`
`
`
`
`
`-Providing fitness and exercise facilities; physical fitness
`consultin and instruction services, in Class 41
`-Vitamins; nutritional supplements; nutritional food bars
`for use as a nutritional supplement or meal replacement;
`meal relacement drink mixes, in Class 5
`
`
`-Consulting services in the fields of diet, health, and
`nutrition, in Class 44
`"
`
`
`—Electronic publications, namely, magazines, a series of
`78/795,049
`01/19/05
`books, newsletters, and bulletins, all recorded on
`
`computer media, in the fields of diet, health and
`nutrition, in Class 9
`
`-Printed materials, namely newsletters, magazines, and a
`series of books, all in the field of diet, health and
`
`nutrition, in Class 16
`
`-Educational services, namely, conducting workshops,
`
`seminars and classes in the fields of diet, health and
`
`nutrition; providing on-line magazines, newsletters,
`
`bulletins, in the fields of diet, health, and nutrition;
`providing on-line newsletters in the fields of diet, health
`and nutrition by e-mail, in Class 41
`,
`-Providing information in the fields of diet, health and
`nutrition via e-mail, in Class 44
`-Vitamins, nutritional supplements, nutritional food bars
`for use as a nutritional supplement or meal replacement;
`Feed supplements for pets, in Class 5
`-Prepared entrees consisting primarily of meat, fish
`
`poultry, or vegetables; edible oils and fats; nutritional
`food bars, namely, protein based nutrient-dense meal
`
`snack bars, in Class 29
`-Catering services; restaurant, cafe and snack bar
`services, in Class 43.
`
`
`
`
`
`
`
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`
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`
`‘
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`
`78/794,537
`
`01/19/06
`
`78/794,662
`'
`
`01/19/2006
`
`#574653
`
`12
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`by independent sales representatives, door-to-door retail
`merchandising, mail order services and online retail
`store services all featuring vitamins and nutritional
`supplements, nutritional food bars, health food, edible
`oils and fats, skin care preparations and cosmetics;
`business consultation in the nature of rendering
`assistance to others in connection with the establishment
`
`-Distributorshipandretailservicesbydirectsolicitation
`
`
`and operation of distributorships in the field of diet,
`
`health and nutrition, in Class 35
`
`-Prerecorded videotapes, DVDs and audio cassette tapes
`
`and CDs featuring exercise and fitness instruction in
`
`Class 9
`
`
`
`

`
`
`
`
`
`78/794,598
`
`01/19/2006
`
`76/553,545
`
`10/03/2003
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`-Non-medicated skin care preparations and cosmetics;
`Non-medicated skin care preparations for animals,
`namely, shampoos, lotions, oils, ointments, creams,
`soas, and conditioners, in Class 3.
`-Non-medicated skin care preparations and cosmetics;
`non-medicated skin care preparations for animals,
`namely, shampoos, lotions, oils, ointments, creams,
`soaps and conditioners, in Class 3
`-Vitamins, nutritional supplements, nutritional food bars
`and for use as a nutritional supplement or meal
`replacement and medicated cosmetics; feed supplements
`for pets, in Class 5
`-Electronic publications, namely, magazines, a series of
`books, newsletters and bulletins, all recorded on
`computer media, in the fields of diet, health and
`nutrition, in Class 9
`-Printed materials, namely newsletters, magazines and a
`series of books, all in the field of diet, health and
`nutrition, in Class 16
`-Prepared entrees consisting primarily of meat, fish
`poultry, or vegetable; edible oils and fats; nutritional
`food bars, namely, protein based nutrient-dense meal
`snack bars, in Class 29
`
`—Bakery goods, namely, brownies, snack cakes, cookies,
`biscuits, baking chocolate, cocoa, cocoa mixes, ice
`cream, frozen yogurt, sorbet, ice cream sandwiches,
`frozen confections and izza, in Class 30
`
`
`
`-Retail store, catalog and mail order services featuring
`vitamins and nutritional supplements, nutritional food
`bars, health foods, computer soflware and publications in
`the fields of diet, health and nutrition, in Class 35
`-Educational services, namely, conducting workshops,
`seminars and classes in the fields of diet, heath and
`nutrition; providing on-line magazines, newsletters,
`bulletins, in the fields of diet, health, and nutrition;
`providing on-line newsletters in the fields of diet, health
`and nutrition by e-mail, in Class 41
`-Catering services; restaruant, cafe and snack bar
`services, in Class 43
`-Providing information in the fields of diet, health and
`nutrition via e-mail, in Class 44
`-Bakery desserts; frozen confections; bakery items
`including cookies, cakes, pudding, muffins, brownies;
`gelatin desserts, in Class 30.
`-Retail bakery shops; food kiosk services, in Class 35
`
`-Restaurants, cafes and coffee sho s, in Class 43
`-Catering services; restaurant, cafe and snack bar
`services, in Class 43
`
`-Educational services, namely, conducting workshops,
`seminars and classes in the fields of weight loss, weight
`control, health, nutrition and fitness; providing on-line
`magazines, newsletters and bulletins in the field of diet,
`health and nutrition via e-mail; information about
`education in the fields of diet, health and nutrition via
`the Internet, in Class 41
`
`
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`
`76/612,988
`
`09/20/2004
`
`76/628,966
`
`01/24/2005
`
`76/553,544
`
`10/03/2003
`
`
`
`'
`
`ZONE BAKERY
`
`78/802,331
`
`01/30/2006
`
`ZONE CAFE
`
`78/251,008
`
`05/16/2003
`
`78/700,729
`
`03/25/2005
`
`#574653
`
`13
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`
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`

`
`
`
`
`- Providing counseling and information in the fields of
`health, diet and nutrition via the Internet; counseling
`services in the field of diet, health and nutrition;
`providing information in the fields of diet, health and
`nutrition, in Class 44
`
`
`
`
`78/383,282
`76/620,850
`
`03/12/2004
`11/15/2004
`
`services, in Class 39
`-Food deliver
`-Frozen confections, in Class 30
`
`roducts, in Class 30
`
`-Restaurants, cafes and coffee sho s, in Class 43
`
`Class 5
`
`Class 5
`
`-Bakery goods; frozen confections and confectionary
`-Retail bakery shops; food kiosk services, in Class,35
`-Water with dissolved nutritional supplements therein, in
`-Water with dissolved nutritional supplements therein, in
`
`
`
`-Nutritional and dietary supplement kits comprising
`protein based nutrient dense meal replacement snack
`bars, meal replacement drink mix and edible oils, in
`Class 5
`
`
`
`-Educational services, namely, conducting workshops,
`
`
`
`seminars and classes in the field of diet, health and
`nutrition and distributing course materials in connection
`therewith; providing educational information in the
`fields of health and nutrition, in Class 41
`-Providing counseling services, and information;
`counseling services in the field of diet, health and
`nutrition; providing information in the fields of diet,
`health and nutrition via email, in Class 44
`-Providing fitness and exercise facilities; physical fitness
`
`consultin, trainin; and instruction services, in Class 41
`
`
`
`
`
`-Prerecorded videotapes, DVDs and audio cassette tapes
`
`
`and CDs featuring exercise and fitness instruction in
`Class 9
`-Providing fitness and exercise facilities; physical fitness
`
`
`consultin.and instruction services, in Class 41
`-Ice cream, frozen yogurt, sorbet, ice cream sandwiches,
`and frozen confections, in Class 30
`-Caterin services, in Class 42
`-Non-medicated skin care preparations and cosmetics, in
`Chw3
`.
`-Vitamins, nutritional supplements, and nutritional food
`bars; medicated cosmetics, in Class 5
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`-On-line retail store, catalog and mail order services
`featuring vitamins and nutritional supplements,
`nutritional food bars, health foods, edible oils and fats,
`
`
`non-medicated skin care preparations and cosmetics, and
`
`
`printed publications in the fields of diet, health and
`
`
`
`nutrition, in Class 35
`-Educational services, namely, conducting workshops,
`
`seminars and courses in the fields of diet, health, and
`nutrition, in Class 41
`-Water with dissolved nutritional supplements therein, in
`Class 32
`-Water with dissolved nutritional su lements therein in
`
`
`
`ZONE CUISINE
`ZONECUPS
`ZONE DESSERTS
`
`ZONE DESSERTS
`
`ZONE ELIXERS
`
`ZONE ENERGY DRINK
`
`ZONE EZ
`
`78/565,420
`
`02/11/2005
`
`ZONE FAST
`
`78/586,827
`
`3/14/2005
`
`_
`
`ZONE FIT
`
`78/656,839
`
`06/23/2005
`
`ZONE FITNESS
`
`78/604,037
`
`04/07/2005
`
`ZONE ICE CREAM
`
`78/301,941
`
`09/18/2003
`
`ZONE KITCHEN
`ZONE LABS
`
`76/333,635
`78/301,669
`
`11/01/2001
`09/17/2003
`
`ZONE LABS
`
`78/301,931
`
`09/is/2003
`
`ZONERX
`
`78/301,663
`
`09/17/2003
`
`ZONE SMART WATER
`
`76/632,031
`
`02/24/2005
`
`ZONE SPRITZERS
`
`76/632,086
`
`02/24/2005
`
`#574653
`
`14
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`

`
` —-—
`
`
`
`
`76/594,924
`
`05/28/2004
`
`
`
`ZONE ‘WELLNESS CENTER
`.
`A
`
`ZONE TONICS
`
`
`
`—
`
`A
`
`
`
`76/632,032
`
`02/24/2005
`
`-Water with dissolved nutritional supplements therein, in
`Class 5
`
`-Educational services namely conducting workshops,
`seminars and courses in the fiel