Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA298783
`ESTTA Tracking number:
`08/03/2009
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91185473
`Plaintiff
`Bayer Aktiengesellschaft
`Jennifer Fraser
`Connolly Bove Lodge & Hutz LLP
`P.O. Box 2207
`Wilmington, DE 19899
`UNITED STATES
`trademarks@cblh.com, chillson@cblh.com, bstaley@cblh.com
`Plaintiff's Notice of Reliance
`Christina M. Hillson
`trademarks@cblh.com, chillson@cblh.com, bstaley@cblh.com
`/cmh/
`08/03/2009
`ORGANIC ASPIRIN NoticeofReliance.pdf ( 11 pages )(281918 bytes )
`ORGANIC ASPIRIN NoticeofReliance att1.pdf ( 112 pages )(3062052 bytes )
`ORGANIC ASPIRIN NoticeofReliance att2.pdf ( 21 pages )(1273044 bytes )
`ORGANIC ASPIRIN NoticeofReliance att3.pdf ( 15 pages )(4304145 bytes )
`ORGANIC ASPIRIN NoticeofReliance att4.pdf ( 13 pages )(2110844 bytes )
`ORGANIC ASPIRIN NoticeofReliance att5.pdf ( 21 pages )(4354032 bytes )
`ORGANIC ASPIRIN NoticeofReliance att6.pdf ( 23 pages )(1923995 bytes )
`ORGANIC ASPIRIN NoticeofReliance att7.pdf ( 71 pages )(1948939 bytes )
`ORGANIC ASPIRIN NoticeofReliance att8.pdf ( 100 pages )(3498684 bytes )
`ORGANIC ASPIRIN NoticeofReliance att9.pdf ( 25 pages )(2843931 bytes )
`ORGANIC ASPIRIN NoticeofReliance att10.pdf ( 28 pages )(3273911 bytes )
`ORGANIC ASPIRIN NoticeofReliance att11.pdf ( 93 pages )(4113587 bytes )
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In re:
`
`Trademark Application Serial No.: 77/208,071
`
`Fiied: June 17, 2007
`
`Mark:
`
`ORGANIC ASPIRIN
`
`Opposition No; 91185473
`
`Published in the
`
`Official Gazette:
`
`June 3, 2008
`
`BAYER AKTIENGESELLSCHAFT,
`
`Opposer,
`
`v.
`
`STAMATIOS MOURATIDIS,
`
`Applicant.
`
`Attorney Docket No. 1426-1 735
`
`OPPOSER’S NOTICE OF RELIANCE
`
`Opposer, by its undersigned attorney, pursuant to 37 C.F.R. §§ 2.122(3), 2.122(d),
`
`2.122(e), 2.1200), 2.120(i)(3)(i), Fed. R. of Evidence 201, and by stipulation of the parties,
`
`hereby gives notice of its intent to rely on the following evidence, which includes Printed
`
`Publications, Interrogatory Responses, Admissions, Documents Produced by Applicant, and Web
`
`Page Print~outs:
`
`Registrations
`
`0
`
`o
`
`Certified Copy of US. Registration No. 2,063,685 for the mark BAYER &
`
`Design. B00600—601.
`
`Certified Copy ofU.S. Registration No. 3,345,876 for the mark BAYER
`
`NUTRITIONAL SCIENCE. B0O6()2—603.
`
`

`
`Certified Copy of US. Registration No. 2,065,441 for the mark BAYER.
`
`B00604—605.
`
`Printed Publications
`
`m Generally, the following references show the prevalence of organic supplements
`that consumers are exposed to and/or which are available in the marketplace.
`The relevant page numbers are identified below.
`
`Celebrate “Planet Healthy’ at the Vitamin Shoppe: Stores Offer Health and
`
`Wellness on Earth Day (Market Wire). April 17, 2008. B00293—296.
`
`Frozen Food Digest (Frozen Food Digest, Vol. 23, Issue 2). December 2007.
`
`B00297—298.
`
`From Perfect Season to Perfect Balance? (Ft. Worth Star-Teiegrain). November
`
`7, 2007. B00299-310.
`
`Supplements Seal Natural Fate (Drug Store News 74). June 23, 2008. E00311-
`
`313.
`
`Real Food Organics (Brandweek 14, Vol. 49, Issue 25). June 23, 2008. 1300314»
`
`317.
`
`Ex—boxer Busy as a Retiree (Ft. Worth Star-Telegram). October 2, 2006.
`
`B00323-326.
`
`Trend Impacts Personal Care (MMR Tr. J ., Vol. 24, Issue 10). June 18, 2007.
`
`B00327—329.
`
`Section: Community Report (Allentown Morning Call). June 13, 2007. E00330-
`
`333.
`
`Take your Vitamins — but with a Grain of Salt (Virginia Pilot and Ledger~Star,
`
`Norfolk, VA). March 1, 2007. B00334—337.
`
`

`
`Entrepreneur’s 2007 Hot List of Business Trends: What to get in on Now (AP
`
`Alert — Entertainment). December 13, 2006. BO0342~346.
`
`More Consumers are Buying Organics, But Price and Availability Remain
`
`Barriers to Purchase (Research Alert, Vol. 24, issue 22). November 17, 2006.
`
`B00347—354.
`
`O ORGANICS Debuts Grocery Retail Industry’s Most Comprehensive Line of
`
`USDA Certified Organic Suppiements (Business Wire). September 25, 2008.
`
`1300355358.
`
`New Report Reveals Details from Manufacturers, Retailers and Analysts on the
`
`Organic Market (Business Wire). September 8, 2008. B00359~362.
`
`Trend has Impact on PL Brands (MIVIR, Tr. 31, Vol. 25). October 6, 2008.
`
`B00367-369.
`
`Product Spotlights (Better Nutrition, Vol. 70, Issue 10). October 1, 2008.
`
`B00370—3’72.
`
`Easy to Swallow: No Choking Here ~ Despite the Troubled Economy, Demand
`
`for Vitamins and Supplements Remains Strong (Private Label Buyer 46, Vol. 22).
`
`October 1, 2008. B00373—379.
`
`Pioneering Supplements Manufacturer Enzymatic Therapy Joins Better Living
`
`Brands Aliiance (Medical Devices & Surgicai Technology Week 512). December
`
`7, 2008. B003 80-383.
`
`Q1 2009 United Naturai E_Q_<_)_c_i§ Earnings Conference Call — Final (Fair Disclosure
`
`Wire). November 25, 2008. B00384-401.
`
`Learn About the Nutritional Supplements in the U.S. (Market Wire). October 9,
`
`

`
`2008. B00405—414.
`
`Generally, the foilowing references show the health benefits of aspirin and the
`consumer perception of the same. The relevant page numbers are identified
`below.
`
`U.S.C. School of Dentistry Researchers Uncover Benefits of Aspirin for Treating
`
`Osteoporosis (Medical Letter on the CDC & FDA 78). July 27, 2008. B004l6—
`
`419.
`
`Aspirin May Help Fight Against Osteoporosis (Hindustan Times). July 10, 2008.
`
`B00420-423.
`
`Health Briefs: Fasprin, Helps Prevent Blood Clots (Kansas City Star, Section E).
`
`Aprii 19, 2008. B00424—426.
`
`Aspirin Foundation of America Welcomes finding that Aspirin Reduces Risk of
`
`Stroke Among Women (PR Newswire Europe). March 9, 2005. B00430-/432.
`
`Findings Indicate that Aspirin Reduces Risk of Stroke Among Women (Obesity,
`
`Fitness & Wellness Week). April 9, 2005. B00433—435.
`
`Study: Aspirin Reduces Stroke Risk in Older Women (Drug Industry Daily Vol. 4,
`
`Issue 47). March 7, 2005. B00436~438.
`
`An Aspirin a Day May Keep Breast Cancer Away (Obesity, Fitness & Wellness
`
`Week). June 19, 2004. B00439-443.
`
`Aspirin May I-Ieip Women at High Hea;rt—Health Risk (USA Today). March 2,
`
`2004. B00444.
`
`Generally, the following references show the presence of aspirin and no-n—aspirin
`over—the—counter products in the market place, including Opposer’s. The relevant
`page numbers are identified below.
`
`1991 Physicians Desk Referencefor Nonprescription Drugs excerpt. B00524-
`
`

`
`526.
`
`1992 Physicians Desk Referencefor Nonprescription Drugs excerpt.
`
`B00527-
`
`530.
`
`1993 Physicians Desk Reference for Nonprescription Drugs excerpt.
`
`B00531»
`
`535.
`
`1994 Physicians Desk Referencefor Nonprescription Drugs excerpt.
`
`B00536-
`
`538.
`
`1995 Physicians Desk Referencefor Nonprescription Drugs excerpt.
`
`B00539»
`
`541.
`
`1996 Physicians Desk Referencefor Nonprescription Drugs excerpt.
`
`B00542»
`
`543.
`
`1998 Physicians Desk Referencefor Nonprescription Drugs excerpt.
`
`B00544-
`
`545.
`
`2002 Physicians Desk Reference for Nonprescription Drugs and Dietary
`
`Supplements excerpt. B00546—550.
`
`2003 Physicians Desk Referencefor Nonprescription Drugs and Dietary
`
`Supplements excerpt. B00551-554.
`
`2004 Physicians Desk Referencefor Nonprescription Drugs and Dietary
`
`Supplements excerpt. B00555—0558.
`
`2007 Physicians Desk Referencefor Nonprescription Drugs, Dietary
`
`Supplements, and Herbs excerpts. B00575-579; 580691.
`
`2008 Physicians Desk Referencefor Nonprescription Drugs, Dietary
`
`Supplements, and Herbs excerpts. B00592—596; 597-599
`
`

`
`Interrogatogjy Responses*
`
`0
`
`Appiicanfs Responses to Opposer’s First Set of Interrogatories to Applicant (Nos.
`
`l.—35). Dated May 26, 2009. Opposer will rely upon Response No. 11 and has
`
`included this excerpt. Opposer will provide the entire document upon request of
`
`the Board.
`
`-
`
`Applicant’s Supplemental Responses to Opposer’s First Set of Iriterrogatories to
`
`Applicant (Nos. 2~5; 10; 12-15; 17-19; 24-28; 3435). Dated May 6, 2009.
`
`Opposer will rely upon Response Nos. 2, 10, 14, 15, and 25 and has included
`
`these excerpts. Opposer will provide the entire document upon request of the
`
`Board.
`
`-
`
`Applicanfs Responses to Oppose-r’s Second Set of Interrogatories to Applicant
`
`(Nos. 36-56). Dated May 6, 2009. Opposer will reiy upon Response No. 54 and
`
`has inctuded this excerpt. Opposer will provide the entire document upon request
`
`of the Board.
`
`I
`
`Applicanfs Supplemental Responses to Opposer’s Second Set of Interrogatories
`
`to Applicant (Nos. 40, 42 and 45). Dated May 26, 2009. Opposer will rely upon
`
`Response Nos. 40 and 42 and has included these excerpts. Opposer will provide
`
`the entire document upon request of the Board.
`
`Adrnissions*
`
`0
`
`Applicant’s Responses to Opposer’s First Requests for Admissions (Nos. 1»85).
`
`Dated May 26, 2009. Opposer will rely upon Response Nos. 3-4, 7-10, 14-15, 29-
`
`* The date May 26, 2009 reflects the date Applicant submitted corrected Responses to Opposefis First Set of
`
`6
`
`

`
`0
`
`0
`
`34, 39, 41, 43-44, and 53-7 8 and has included these excerpts. Opposer will
`
`provide the entire document upon request of the Board.
`
`App1icant’s Supplemental Responses to Opposer’s First Requests for Admissions
`
`(No. 80). Dated May 6, 2009.
`
`App1icant’s Responses to 0pposer’s Second Requests for Admissions (Nos. 86-
`
`108). Dated May 6, 2009. Opposer will rely upon Response Nos. 86-91, 93-95,
`
`98, and 100-104 and has included these excerpts. Opposer will provide the entire
`
`document upon request of the Board.
`
`Documents Produced by Applicant
`
`0
`
`II
`
`0
`
`0
`
`OA0002, authenticated at Admission No. 98.
`
`OA0004, authenticated at Admission No. 100.
`
`OA0005, authenticated at Admission Nos. 101-102.
`
`OA0006, authenticated at Admission Nos. 103-104.
`
`Web Page Print—Outs
`
`— Applicant and Opposer have stipulated to the introduction of Internet Web Page
`Print-Outs with appropriate address footer and date.
`
`AppEicant’s website at www.organicaspirin.com. B0O063~64; 66-90; 168-9.
`
`“Aspirin: Questions and Answers” from the U.S. hood and Drug Administration
`
`website, at www.fda.gov/cder/news/aspirin/aspiran gahtrn. B00001-4.
`
`FDA Approves New Prescribed Uses for Aspirin, at
`
`www.fda.gov/bbs/topics/ANSWERS/ANS00919.htrn1. B00005-6.
`
`Dietary Supplements Overview section from the U.S. Food and Drug
`
`0
`
`II
`
`0
`
`0
`
` m.....j_..
`
`Interrogatories and First Requests for Admissions.
`
`

`
`Administration website at www.cfsan.fda.gov/~drns/suppimnthtml and
`
`www.cfsan.fda.gov/~dms/ds-oview.htm1. B00007—14.
`
`Label Claims Overview from the US. Food and Drug Administration website at
`
`www.cfsar1.fda.gov/~dms/1ab~h1th.htrni. B00015—18.
`
`“An Aspirin a Day’ — Just Another Cliche?” from the US. Food and Drug
`
`Administration website at ww“w.fda.gov/FDAC/features/1999/299 asghtml.
`
`B00180—84.
`
`Drug search on the US. Food and Drug Administration website at
`
`wwwaccessdata.fda.gov/Scrigts/cder/DrugsatFDA. B00i85—89.
`
`Recalls, Market Withdrawal and Safety Alerts from the US. Food and Drug
`
`Administration website at www.fda.gov/opacom/7aierts.HT1\/IL. B00190—233.
`
`The Constituents of Organic Drugs from http://chestofhookscom. B00029—34.
`
`The Benefits of Organic Skin Care Products from www.ghchea1th.co1n. B00049»
`
`52.
`
`The Advantages of Organic Food from www.organicfoodinfo.net. B00053—56.
`
`Butter Buds takes advantage of organic growth from www.foodnavigator—
`
`use.com. B00057.
`
`Organic Store found at www.mothernature.con1. B00058—62.
`
`Definition from www.rnerriani—webster.oom. B00099-101.
`
`Inflammation: What you need to know from http://rny.clevelandciinicorg.
`
`B00102-106.
`
`Stroke Notes from http://strokenotes.b1ogspot.con1 regarding “FDA approved
`
`indications for aspirin.” B00290—292.
`
`

`
`0
`
`0
`
`0
`
`0
`
`u
`
`0
`
`¢
`
`0
`
`0
`
`0
`
`Oregon Tilth certification website at www.ti1th.org. B00107-162.
`
`Recall information atw"ww.reca1is.gov/foodhtmi. B00244.
`
`FDA recalls using Twitter athttp://twitter.com/FDA1'ecal1s. B00287-289.
`
`Aspirin Foundation website at www.aspirin.org. B00245——282.
`
`Bayer Aspirin web pages at www.aspirin.com and www.wonderdrug.com.
`
`B00508-513; B00514~523.
`
`Wayback Machine web pages for Applicanfis website at
`
`www.organicaspirin.com. B00445—451
`
`GOOGLE search for “organic supplements” showing 1,190,000 hits. 800559--
`
`561.
`
`Web pages showing organic supplements at www.doctorsorganicvitarnins.com.
`
`B00562—566.
`
`Web pages showing organic supplements at WWW.getallorganicvitarnins.com.
`
`B00567—570
`
`Web pages showing organic supplements at www.mothernature.corn. B00571-
`
`574.
`
`Judicial Notice
`
`—~ Opposer also respectfully requests the Board take judicial notice of the following:
`
`0
`
`The term “organic” means “simple, healthful, and close to nature: an organic
`
`lifestyle.” (See The American Heritage Dicrionaryfor the English Language,
`
`Fourth Edition, Houghton Mifflin Company, attached).
`
`0
`
`The term “aspirin” means “[a] white, crystalline compound,
`
`CI-I3COOC6H4COOI-I, derived from salicylic acid and commonly used in table
`
`

`
`form to relieve pain and reduce fever and inflammation. It is also used as an
`
`antiplatelet agent. Also called acetylsalicylic acid.” (See The American Heritage
`
`Dictionaryfor the English Language, Fourth Edition, Houghton Mifflin
`
`Company, attached).
`
`
`
`Christina M. Hillson
`
`Connolly Bove Lodge & Hntz LL19
`The Nemours Building
`1007 North Orange Street
`Wilmington, Delaware 19899
`(302) 658-9141
`Attorneysfor Opposer
`
`6913§4_l.DOC
`
`Enclosures:
`
`1. Party Registrations
`2. Printed Publications
`
`Interrogatory Responses
`3.
`4. Admissions
`
`5. Documents Produced by Applicant and authenticated by Admissions
`6. Web Page Print~outs stipulated by the Parties
`7. Dictionary Pages.
`
`10
`
`

`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing Opposer’s Notice of
`
`Retiance was served today, A;1 Lg § , 2009, byFirst Class Mail (with Enclosures),
`
`postage prepaid, and Email (without Enclosures) on:
`
`Stamatios Mouratidis
`
`10399 Tiger Paw
`San Antonio, TX 78251
`
`(956) 319 0761
`stamioa@yahoo.com
`
`
`
`11
`
`

`
`
`
`715G117
`
`
`
`_ —-5..
`'li||EHl|l {INN
`
`1
`
`UNITED STATES DEPARTMENT OF COMIVIERCE
`
`United States Patent and Trademark Office
`
`June 26, 2009
`
`THE ATTACHED U.S. TRADEMARK REGISTRATION 2,063,685 IS
`CERTIFIED TO BE A TRUE COPY WHICH IS IN FULL FORCE AND
`EFFECT WITH NOTATIONS OF ALL STATUTORY ACTIONS TAKEN
`THEREON AS DISCLOSED BY THE RECORDS OF THE UNITED STATES
`
`PATENT AND TRADEMARK OFFICE.
`
`REGISTERED FOR A TERM OF 10 YEARS FROM May 20, 1997
`Isl‘ RENEWAL FOR A TERM OF 10 YEARS FROM May 20, 2007
`
`
`
`
`
`
`
`
`SECTION 8 & 15
`
`LESS GOODS
`
`SAID RECORDS SHOW TITLE TO BE IN:
`REGISTRANT
`
`
`
`
`
`~
`
`-<-
`
` 3aLI\3<3a$aan:;__‘._‘-"I
`
`
`
`
`
`AWu,,;._.,....m_.,,..;..~,..m,m.;.;,.;..g,;,;c.
`
`
`
`
`By Authority of the
`Under Secretary of Commerce for Intellectuai Property
`and Director of the United States Patent and Trademark Office
`
`
`
`/'\\0 bQQU»3l\.0/V\c.r2o
`
`T. ‘LAWRENCE
`
`Certifying Officer
`
`
`
`
`
` ‘-agagamas-swung:names:asanmnagamumssuu-xmama:-.1-sam-mu:musamnaamm. mmu-
`
`

`
`Int. CL: 5
`
`Prior _U.S. £715.: 6, 18, 44, 46, 51, and 52
`
`_
`
`United States Patent" and Trademark Office I
`
`Reg. No. 2,063,685
`Registered May 20, I997
`
`TRADEMARK 7
`PRINCIPAL REGISTER
`
`
`
`BAYER AKTIENGESELLSCHAFT (FED REP
`GERMANY JOINT STOCK COMPANY)
`51368 LEVERKUSEN-BAYERWERK, FED REP
`GERMANY
`
`FOR: PHARMACEUTICAL PREPARATIONS.
`NAMELY ANTI-FUNGALS, ANTI-INFECTIVES
`AND ANTI-HYPERTENSIVES; VITAMIN AND
`MINERAL SUPPLEMENTS; &F66B
`S AND DIAGNOSTIC REA-
`
`GENTS FOR MEDICAL USE, IN _CLASS 5 ((3.8.
`CLS. 6, I8,_4-4, 46, 51 AND 52).
`FIRST USE 9-30-1995;
`9-30-1995.
`OWNER OF U.s. REG.
`1,434,362, AND 1,531,469.
`
`IN COMMERCE
`
`"Nos.
`
`1,482,868,
`
`SN 74#572,752, FILED 9-124994.
`
`BARNEY CHARLON, EXAMINING ATTORNEY
`
`
`
`B00601
`
`

`
`T190117
`
`
`
`"1_l@)A1i_‘__L'!14:3)"W§Ji3.EE"1_l.H__.._.,_.'E‘SE‘ 13-R_.,E§.!M§} §ii:‘h‘,I?L;1: 3
`UNITED STATES DEPARTMENT OF COMIVIERCE
`
`United States Patent and Trademark Office
`
`June 25, 2009
`
`
`
`-‘-.."=y,-‘;.:m'-4'.'_“
`
`A:...4,,
`
`
`
`REGISTERED ‘FOR A TERM OF I 0 YEARS FROM November 27, 2007
`SAID RECORDS SHOW TITLE TO BE IN: Registrant
`
`By Authority of the
`Under Secretary of Commerce for Intellectual Property
`and Director of the United S tes Patent and Trademark Office
`
`.
`
`0'
`
`Certifying Officer
`
`
`
`
`
`THE ATTACHED U.S. TRADEMARK REGISTRATION 3,345,876 IS
`CERTIFIED TO BE A TRUE COPY OF THE REGISTRATION ISSUED BY
`THE UNITED STATES PATENT AND TRADEMARK OFFICE WHICH
`REGISTRATION IS IN FULL FORCE AND EFFECT.
`
`“-.r,:‘Ea2s..‘.e.'de».-‘~.«I-.1‘-'.\.A
`
`
`
`
`
`
`.
`_§-‘$7:
`
`
`
`

`
`B00603.
`
`Int. C1,: 5
`
`Prior U.S. 03.: 6, 18, 44, 46, 51, and 52
`
`United States Patent and Trademark Office
`
`Reg. No. 3,345,876
`Registered Nov. 27, 2007
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`
`
`BAYER AKTIENGESELLSCHAFT (FED REP
`GERMANY JOINT STOCK COMPANY)
`D-51368
`LEVERKUSEN-BAYERWERK, FED REP GERMA-
`NY
`FOR: NUTRITIONAL SUPPLEMENTS, IN CLASS
`5 (U.S. CLS. 5, 13, 44, 45, 51 AND 52).
`
`_
`
`OWNER OF U.S. REG. NOS. 2,063,635 AND
`;;,065,441_
`
`H
`NO CLAIM IS MADE‘. TO THE EXCLUSIVE
`§IR%I§g$§§Jf,E,RKr'UASIMS1HIgI,§,‘§L SCIENCE.’ APART
`'
`
`FIRST USE 12-15-2006; IN COMIMLERCE 12-15-2006.
`
`SN 7&842,917, FILED 3_22_2006‘
`
`THE MARK CONSISTS OF STANDARD CHAR-
`ACTERS WITHOUT CLAIM TO ANY PARTICULAR
`FONT, STYLE, SIZE, OR COLOR_
`
`IRA J. GOODSAID, EXAMDIING ATTORNEY
`
` \
`
`

`
`7150117
`
`
`
`mania!ranLnuu:fimW|ixflnmiIiJH|1Imn:|fiIrumlirrinmn'hnmWfiIrs:
`
`
`
`
`
`
`17.‘L9)r;\?IA_1I£;’17L§l;)‘3v‘?§‘.?';!.!i‘lW____.._aiESW“x‘ §RE.t,3._.,S‘;13;.kiEll§5 S_.__HMi1-'.‘_".;@..M._.0I ‘F933
`UNITED STATES DEPARTNIENT OF COMIVIERCE
`United States Patent and Trademark Office
`
`
`
`June 26, 2309
`
`THE ATTACHED U.S. TRADEMARK REGISTRATION 2,065,441 IS
`CERTIFIED TO BE A TRUE COPY WHICH IS IN FULL FORCE AND
`EFFECT WITH NOTATIONS OF ALL STATUTORY ACTIONS TAKEN
`THEREON AS DISCLOSED BY THE RECORDS OF THE UNITED STATES
`PATENT AND TRADEMARK OFFICE.
`
`REGISTERED FOR A TERM OF I 0 YEARS FROM May 27’, 1997
`1st RENEWAL FOR A TERM OF 10 YEARS FROM May 27, 2007
`SECTION 8 & 15
`
`LESS GOODS
`SAID RECORDS SHOW TITLE TO BE IN:
`REGIS TRANT
`
`
`
`By Authority of the
`Under Secretary of Commerce for Intellectual Property
`and Director of the United States Patent and Trademark Office
`
`
`
`'._.._._..._-L...-4..¢_.u_-....u..~...a_u..__.......___....___,..
`
`Certifying Officer
`
`
`
`
`
`
`
`I_;:5¢15u_r_:u.-.L___I‘.."_:a»,..,
`
`_‘...‘..tr-.v~
`
`
`
`u«'9«3Er:Iu_t1Bn
`.3}:ELsemen:
`
`

`
`Int. CL: 5
`
`Prior U.S. Cls.: 6, 18, 44, 46, 51, and 52
`
`United States Patent and Trademark Office
`
`Reg. No. 2,065,441
`Registered May 27, 199'!
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`BAYER
`
`BAYER ATKIENGESELLSCHAFT (FED REP
`GERMANY JOINT STOCK COMPANY)
`51368 LEVERKUSEN-BAYERWERK, FED REP
`GERMANY
`
`FOR: PHARMACEUTICAL PREPARATIONS,
`NAMELY,
`ANTI-FUNGALS,
`ANTI-IN1'-'EC-
`TIVES AND ANTI-HYPERTENSIVES; VITA-
`MIN AND MINERAL SUPPLEMENTS; =
` ; AND DIAGNOSTIC
`
`REAGENTS FOR MEDICAL USE, IN CLASS 5
`(us. CLS. 6, 13, 44, 46. 51 AND 52).
`FIRST USE 9-30-1995; m CDMMERCE.
`9—3o~1995.
`OWNER or: U.s. REG. NOS. 155,512, 1,432,868,
`AND 1,434,352.
`SEC.-2(F).
`
`SN 74—572,76D, FILED 9-12-1994.
`
`BARNEY CI-IARLON, EXAMINING ATTORNEY
`
`B00605
`
`

`
`We'st['avv;
`
`4/17/08 INTERNETWERE 00:00:00
`
`rmsaoom
`
`Page 1
`
`4/17/08 Internet Wire 00:00:00
`
`Market Wire
`
`Copyright 2008 Market Wire,
`
`Incorporated
`
`April 17, 2008
`
`Celebrate "Planet Healthy" at the Vitamin Shoppe
`Stores Offer Health and Wellness on Earth Day
`
`NORTH BERGEN, NJ O4/17/O8 NORTH BERGEN, NJ, April 17 / MARKET WIRE/
`
`-—
`
`Earth Day is quickly approaching on April 22, and The Vitamin Shoppe will be
`celebrating "Planet Healthy" at all 350 store locations and online at
`www.vitaminshoppe-com.
`
`"Earth Day is a perfect time to launch our new recyclable shopping bags," said
`Tony Truesdale, President of The Vitamin Shoppe.
`"Our customers are looking for
`easy ways to help our planet, and our eco-friendly bags are made of 80% recycled
`material and also recyclable themselves."
`
`_Vitamin Shoppe stores and the website will be offering a free recyclable shopping
`bag with any $50 purchase on Earth Day. Additional bags can also be purchased for
`$.99 each.
`
`To further encourage consumers to support "Planet Healthy," a copy of the book
`"Living Green" by Author Greg Horn will be given free to customers with every pur-
`chase at the stores on Earth Day. "'Living Green‘
`is a wonderful book packed with
`great ideas for making easy changes to live a more sustainable lifestyle," said
`Truesdale.
`
`Stores are also helping to save the rainforest through a promotion with Save Your
`Skin products. Green wrist bands can be purchased for $5 throughout April in all
`stores outside of New York City.
`Each wrist band sold saves one acre of rainforest
`for one year with 100% of the profit donated directly to the rainforest conserva-
`tion concession.
`
`"The Vitamin Shoppe has always offered a number of organic supplements and natural
`alternatives for those interested in their own health and wellness regime," said
`Truesdale.
`"Earth Day is a great day to remind us all to reinvest in our planet
`and in ourselves."
`
`About Vitamin Shoppe Industries Inc.
`
`© 2009 Thomson Reuters. No Claim to Orig. US Gov. Works.
`
`B00293
`
`

`
`4/17/08 WTERNETWIRE 00:00:00
`
`Page 2
`
`Vitamin Shoppe is a leading specialty retailer and direct marketer of nutritional
`products based in North Bergen, New Jersey.
`The company sells vitamins, minerals,
`nutritional supplements, herbs, sports nutrition formulas, homeopathic remedies,
`and other health and beauty aids to customers located primarily in the United
`States.
`The company carries national brand products as well as exclusive products
`under the Vitamin Shoppe, BodyTech, MD Select, and VS Basics proprietary brands.
`The Vitamin Shoppe conducts business through more than 350 company—owned retail
`stores, national mail order catalogs, and two Web sites, www.vitaminshoppe.com and
`www.Bodytech.com.
`
`Add to Digg Bookmark with del.icio.us Add to Newsvine
`
`Contacts:
`
`Susan McLaughlin
`Vitamin Shoppe
`Email Contact
`1-866~92l—4443
`
`COMPANY: VITAMIN SHOPPE INDUSTRIES
`
`——~~ INDEX REFERENCES ————
`
`NEWS SUBJECT:
`(1NU67))
`
`(Health & Family (lHE30); Vitamins & Supplements
`
`(lVI80); Nutrition
`
`(Food & Beverage Production (lFO79); Retailers (lRE64); Chain Stores
`INDUSTRY:
`(lCH45); Retail
`(IRES2); Nutraceuticals & Health Foods
`(lNU55); Personal Care &
`Beauty Aids (lPE87))
`
`REGION:
`
`(North America (1NO39); Americas
`
`(1AM92); USA (1US73))
`
`Language:
`
`EN
`
`(BASICS; CONTACTS :SUSAN MCLAUGHLIN VITAMIN; STORES; VITAMIN
`OTHER INDEXING:
`SHOPPE; VITAMIN SHOPPE INDUSTRIES INC; VITAMIN SHOPPE STORES OFFER HEALTH)
`(Addi-
`tional; Author Greg Horn; BodyTech, MD Select; Celebrate "Planet Healthy; Earth
`Day; Green; Living Green; Planet Healthy; Tony Truesdale; Truesdale)
`(NORTH BER-
`GEN, NJ)
`(NORTH BERGEN, NJ)
`
`(Medical and Health-
`(Lifestyle and Leisure:Personal Care/Fitness);
`KEYWORDS:
`care:Health and Nutrition);
`(Medical and Healthcare:AlternatiVe);
`(Retail:E—
`Commerce);
`(Retailzcosmetics and Accessories);
`(Retail:Supermarkets);
`(Rem
`tailzconsumer Interest)
`
`COMPANY TERMS: VITAMIN SHOPPE (THE)
`
`Word Count: 487
`
`© 2009 Thomson Reuters. No Claim to Orig. US Gov. Works.
`
`B00294
`
`

`
`4/17/08 WTERNETWYRE 00:00:00
`
`Page 3
`
`4/17/08 INTEIRNETWIRE 00:00:00
`END OF DOCUMENT
`
`© 2009 Thomson Reuters. No Claim to Orig. US Gov. Works.
`
`B00295
`
`

`
`4/17/08 INTERNETWIRE 00:00:00
`
`Page 4
`
`© 2009 Thomson Reuters. No Claim to Orig. US Gov. Works.
`
`B00295
`
`

`
`12/1/07 FRZNFDIG 6
`
`Page 1
`
`12/1/07 Frozen Food Dig.
`2007 WLNR 25936811
`
`6
`
`Frozen Food Digest
`Copyright © 2003 The Gale Group. All rights reserved.Copyright 2007 Frozen Food Di"
`gest Inc.
`
`December 2007
`
`Volume 23;
`
`Issue 2
`
`$17.6 billion in organic sales.
`
`U.S. sales of organic products grew overall by 21% in 2006 to reach $17.656 bil~
`lion, according to the Organic Trade Association's 2007 Manufacturer Survey.
`
`U.S. sales of organic food and beverages grew by 20.9% during 2006 to reach $l6.718
`billion, up from $l3.831 billion in 2005. This represents approximately 2.8% of
`all U.S. retail sales of
`food and beverages.
`
`supplements , per-
`organic
`Meanwhile, U.S. sales of nonfood organic products (
`flowers, and fiber
`sonal care products, household products and cleaners, pet food,
`products such as linens and clothing) grew from $744 million in 2003 to $938 mil-
`lion in 2006, reflecting a 26% growth
`rate.
`
`Language:
`
`EN
`
`~—-— INDEX REFERENCES ————
`
`(Meanwhile)
`(ORGANIC TRADE ASSOCIATION)
`OTHER INDEXING:
`Sales)
`(North America (NOAX); United States (USA))
`
`(All market information;
`
`COMPANY TERMS: ORGANIC TRADE ASSOCIATION
`
`PRODUCT: Food and kindred products200000
`
`Word Count: 129
`l2/1/O7 FRZNFDIG 6
`END OF DOCUMENT
`
`© 2009 Thomson Reuters. No Claim to Orig. US Gov. Works.
`
`B00297‘
`
`

`
`12/'1/D7 FRZNFDEG 6
`
`Page 2
`
`© 2009 Thomson Reuters. No Claim to Orig. US Gov. Works.
`
`B00298
`
`-
`
`

`
`Wééuavv.
`
`11/7/07 FTWTHST D5
`
`New-sfioom
`
`Page 1
`
`11/7/07 Ft. Worth StareTelegram D5
`2007 WLNR 21961145
`
`Fort Worth Star—Telegram (Fort Worth)
`Copyright 2007 Fort Worth Star—Telegram
`
`November 7, 2007
`
`Section: D
`
`THEN AND NOW I OTTO STOWE
`From perfect season to perfect balance?
`
`RICK HEREIN, Star—Telegram Staff Writer
`
`Otto Stowe played in the NFL only four years. That was all he wanted for his body,
`but,
`in that short time, he packed in some meaningful history.
`
`Stowe, a receiver who played for three teams from l971wl974, played on two Super
`Bowl
`teams,
`including the undefeated l972 Miami Dolphins. He learned from Hall of
`Fame receiver Paul Warfield his first two seasons and started opposite "Bullet" Bob
`Hayes for the l973 Cowboys.
`In that season, Stowe led Dallas in touchdown recep-
`tions, with six, despite playing only seven games before breaking a leg.
`
`Stowe wasn't a typical NFL player. He became a vegetarian and took up yoga while in
`the NFL.
`
`A resident of Santa Barbara, Calif-, for almost 30 years, he now works with profes-
`sional athletes as an organic healthcare consultant, helping heal injuries and pro-
`vide career longevity. He uses, among other things, diet, organic supplements,
`yoga, meditation,
`reflexology and homeopathic remedies.
`
`He said he has worked with about 15 to 20 former and current Cowboys.
`
`I felt at
`Why did you leave the NFL after four years? I figured that was enough.
`that stage, how much could they pay me for my ankle? How much could they pay me for
`my knee? I felt that I had done the things that I wanted to do.
`I would have loved
`to be a Hall of Famer in four years.
`I figured if I kept playing,
`I was going to
`get injured.
`
`I
`Did being a vegetarian help or hurt you in football? It was extremely hard. What
`did have was a lot of stamina.
`I could go forever. As far as getting bigger,
`I knew
`I couldn't, being a vegetarian.
`I felt great, and I didn't have all those [supple—
`ments]
`in my system. You start to get a little anxious before games with all those
`
`© 2009 Thomson Reuters. No Claim to Orig. US Gov. Works.
`
`B00299
`
`

`
`111’?/07 FTW I HST D5
`
`Page 2
`
`I could control my thoughts a little bit better, and I was
`things in your system.
`able to get a lot more for my money so to speak.
`
`Do you think another team will go undefeated in the NFL? Somebody will do it. A
`lot of people don't appreciate what it takes to go undefeated.
`I thought Indianapow
`lis would go undefeated last year. They keep putting up the numbers, but they have~
`n‘t been able to do it. It will be interesting this year if the Patriots can do it.
`it would be great for them.
`
`What was it like being a part of the undefeated 1972 Dolphins? It was a great
`feeling. We all knew while we were doing it that it was history in the making. We
`were very lucky to be undefeated.
`I think we all knew we were going to go unde-
`feated when we went to the playoffs. We were just too close and there was no stop-
`ping us now.
`
`Why did you decide to be a test study for the players‘ association for ex-players
`and postecareer health? As you get older, you gravitate to helping others. It's not
`so much about you; it's about helping someone have a better life. There is nothing
`better than being able to help other people. If a player had a concussion back in
`the day,
`they just patted you on the [rear1 and said everything is going to be OK.
`A concussion is not something you want to play with.
`
`Otto Stowe
`
`Position: Wide receiver
`
`NFL career:Miami Dolphins,
`
`l97l~72; Cowboys, 1973; Denver Broncos, 1974
`
`Age: 58
`
`Residencezsanta Barbara, Calif.
`
`Occupation: Organic health care consultant for pro athletes through company he
`founded, Organic Sports ( www.organicsports.net)
`
`Family: wife, Judie
`
`Notable: Played 36 NFL games.... Had 23 catches for 389 yards and six TDS for 1973
`Cowboys.... Was second~round draft pick by Dolphins in 1971 out of Iowa State....
`Wore No. 82 with Cowboys.... Coached college receivers for five years at Iowa
`State, Washington State and Pittsburgh.
`
`COMPANY: DENVER BRONCOS FOOTBALL CLUB
`
`———— INDEX REFERENCES ————
`
`INDUSTRY:
`
`(Entertainment
`
`(lEN08); Sports (lSP75); U.S. Football
`
`(OAA68))
`
`REGION:
`
`(USA (10873); Americas
`
`(lAM92}; Florida (lFL79}; North America (lNO39);
`
`© 2009 Thomson Reuters. No Claim to Orig. US Gov. Works,
`
`B00300
`
`

`
`11/7/07 FTVVTI-IST D5
`
`Page 3
`
`Iowa (1IO85}; California (lCA98))
`
`Language:
`
`EN
`
`(DENVER BRONCOS; DOL~
`(Otto Stowe; Paul Warfield; Otto Stowe}
`-OTHER INDEXING:
`PHINS;
`IOWA STATE; MIAMI DOLPHINS; NFL; ORGANIC SPORTS; STOWE)
`(Judie; Otto Stowe;
`Paul Warfield; Stowe; Wide; Wore No.)
`(Dallas; Santa Barbara, Calif; Indianapolis;
`Safita Barbara, Calif; Washington State; Pittsburgh; us; usa; na; us.tx;
`us.tx.frtwrt; us.ca; us.in; us.pa; us.wa; us.Ca.sntaba; us.in.indpol; us.pa.pittbr;
`us.tx.dalias)
`
`KEYWORDS:
`(CT/spo);
`(SL/nfl);
`
`(CT/spo.pro.maj);
`(CT/spo.pro.maj.one);
`(CT/spo.ftb);
`(SL/nfl.miam.dolp);
`(SL/nfl.denv.bron);
`(SL/nfl.denv);
`(CT/spo.str.ftb);
`(CT/spo.str);
`(NT/Sports);
`(SU/nfl)
`
`(CT/spo.pro);
`{SL/nfl.miam);
`
`EDITION: Tarrant
`
`Word Count: 705
`ll/7/O7 FTWTHST D5
`END OF DOCUMENT
`
`© 2009 Thomson Reuters. No Claim to Orig. US Gov. Works.
`
`B00301
`
`

`
`11/'7/07 FTW [HST D5
`
`Page 4
`
`© 2009 Thomson Reuters. N0 Claim to Orig. US Gov. Works.
`
`B00302
`
`

`
`Westlavv.
`
`6/23/08 DSNEWS 74
`
`News?-00m
`
`Page 1
`
`6/23/08 Drug Store News 74
`2008 WLNR,l308272l
`
`Drug Store News
`COPYRIGHT 2008 Reproduced with permission of the copyright holder. Further repro-
`duction or distribution is prohibited without permission.
`
`June 23, 2008
`
`Volume 30;
`
`Issue 7
`
`Supplements seal natural fate.(TRENDS: OVER THE COUNTER)(Brief article)
`
`GREEN BAY, Wis. —— Enzymatic Therapy in June began shipping a new line of six or~
`ganic
`supplements
`called True Organics,
`the only supplements to feature the USDA
`organic seal, with another eight supplements to come by the end of the year, said
`Dave Betrus, Enzymatic vice president of customer development.
`
`It's a moremnatural natural supplement. For example, Enzymatic's calcium supple"
`ment is made from actual egg shells versus other minerals. “For people who really
`want pure organics,
`this is a good alternative," Betrus said.
`"Even though you're
`taking a supplement that claims to be natural,
`there could be chemicals in there
`just on account of the ingredients that are sourced."
`
`The USDA organic seal on Enzymatic Therapy True Organics means at least 95 per-
`cent of the product is organically produced——no pesticides or harmful chemicals.
`
`The products will carry a premium position in the marketplace, given the added
`expense in sourcing the organic ingredients, Betrus noted, priced some 10 percent
`to 15 percent higher than the top-tier brands.
`
`COMPANY: ENZYMATIC THERAPY INC
`
`———— INDEX REFERENCES ————
`
`NEWS SUBJECT:
`(lNU67))
`
`(Health & Family (lHE30); Vitamins & Supplements (lVI80); Nutrition
`
`(Food & Beverage Production (IFO79); Nutraceuticals & Health Foods
`INDUSTRY:
`(lNU55); Personal Care & Beauty Aids (lPE87))
`
`REGION:
`
`(North America (lNO39); Americas
`
`(lAM92); USA (lUS73))
`
`Language:
`
`EN
`
`© 2009 Thomson Reuters. No Claim to Orig. US Gov. Works.
`
`B00311
`
`

`
`6/23/O8 DSNEWS 74
`
`Page 2
`
`(Dietary supplements
`(Betrus; Dave Betrus)
`(TRUE ORGANICS; USDA)
`OTHER INDEXING:
`(Product introduction); Pharmaceutical industry (Product introduction})
`(Trade)
`(True Organics (Dietary supplement)
`(Product introduction))
`(Business (BUSN);
`Pharmaceuticals and cosmetics industries (DRUG); Retail industry (RETL)}
`(Product
`introduction (336))
`
`COMPANY TERMS: ENZYMATIC THERAPY INC (Product introduction)
`
`PRODUCT: Nutrient Preparations; Pharmaceutical preparations; Drugs, proprietaries,
`and sundries; Pharmaceutical Preparation Manufacturing283473O
`
`SIC: 2834; 5122
`
`NAICS CODE: 325412
`
`Word Count: 211
`6/23/08 DSNEWS 74
`END OF DOCUMENT
`
`© 2009 Thomson Reuters. No Claim to Orig. US Gov. Works.
`
`B00312
`
`

`
`6/23/08 DSNEWS 74
`
`Page 3
`
`© 2009 Thomson Reuters. No Claim to Orig. US Gov. Works.
`
`B00313
`
`

`
`6/23/03 BRANDWEEK 14
`
`Page 1
`
`6/23/08 Brandweek 14
`2008 WLNR 13199016
`
`COPYREGHT 2008 Nielsen Business Media,
`
`Inc.
`
`Brandweek
`
`June 23, 2008
`
`Volume 49;
`
`Issue