Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA563872
`ESTTA Tracking number:
`10/08/2013
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91196216
`Defendant
`Vegamin Corporation
`DAVID GOTTLIEB
`VEGAMIN CORPORATION
`PO BOX 570836
`TARZANA, CA 91357
`UNITED STATES
`trademarks@vegamincorp.com
`Reply in Support of Motion
`david gottlieb
`trademarks@vegamincorp.com
`/dg/
`10/08/2013
`Objection 10-8-2013.pdf(2695191 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding: 91196216; Application No. 77781313 (OXIMIZE)
`
`Applicant:
`
`Vegamin Corporation
`
`Opposer: The Mentholatum Company
`
`Applicant's Objection and Reply to Opposer's Opposition to Applicant's Motion to Dismiss
`Second Amended Notice of Opposition with Prejudice;
`
`
`
`The Applicant, Vegamin Corporation, hereby objects and replies to Opposer's opposition as folows:
`
`I. Opposition is untimely.
`
`
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`The opposition is groundless and late. Not only is it late but is filed after the Board's notice that no other
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`documents will be given consideration.
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`II. Intent of Opposition to cause Financial Hardship.
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`
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`The Opposer is continuing this meritless litigation, not because there is any legal chance of siccess, but
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`to inflict as much hardship on the Applicant as possible hoping that the Applicant will simply trow in the towel.
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`Such conduct is an abuse of process and maintaining meritless actions are a violation of reules of professional
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`conduct.
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`III. False statement by Opposer to decieve the Board.
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`
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`Oppser indicates in the opposition that the discovery howed mark not used in commerce. This
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`statement is not only false but inappropriate. It is intended to cause the Board to consider the Opposer's
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`opposition so that the meritless abuse can continue.
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`IV. Applicant has absolute right to bring a motion to dismiss.
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`
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`Oppposer claims that this motion is previously decided. Such argument is baseless. “Just as a motion
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`to dismiss can be interposed in response to an original pleading, so too can it be interposed in response to an
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`amended pleading” William & Scott Co. v. Earl's Restaurants Ltd., 30 USPQ2d 1870, 1872 (TTAB 1994).
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`
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`Since opppser's opposition fails to state a cause of action. Applicant has absolute right to bring a motion
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`to dismiss and it should be granted as a matter of law since Opposer cannot legaly prevail on any claim.
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`1
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`

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`V.Opposer intends to open the flood gates of litigation
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`Request for Judicial Notice
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`
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`The board is requested to take notice of a sample trademrk application [NARAYANA 3106145]
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`which is hereto attached,(4 pages) and represents tens of thousands of applications on file and registered
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`where the application claims use virtually every possible product in that class. Clearly use of all products in
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`said application and thousands of others like it are not likely.
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`
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`By continuing this litigation the opposer intends to set a precedent that majority of Trademark
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`applications and registration, can now be attcked based on a claim of fraud, where in fact there may be no
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`fraud and the USPTO acceptance of such aplication may have contributed to such confusion.
`
`CONCLUSION
`
`
`
`The Second Amended Opposition fails to state a cause of action where relief can be granted. This
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`action should no longer be maintained because opposer cannot prevail on any claim as a matter of law. Institut
`
`National des Appellations d'Origine v. Brown-Forman Corp., 47 USPQ2d 1875, 1896 (TTAB 1998)
`
`Wherfore, the applicant Vegamin Corporation, respectfully requests that the amended opposition to be
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`dismissed with prejudice and allow the application to proceed its due course.
`
`Respectfully Submitted;
`/David Gottlieb/
`Vegamin Corporation
`
`Certificate
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`of
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`Service
`
`The undersigned hereby certifies that a copy of this Applicant's Objection and Reply to Opposer's
`Opposition to Applicant's Motion to Dismiss Second Amended Notice of Opposition with
`Prejudice; has been served upon all parties at their address of record as indicated below via e-mail on this date
`10/08/2013
`
`Llindquist@sughrue.com / Leigh Ann Lindquist
`Sughrue Law Firm
`2100 Pennsylvania Ave. NW
`Washington, DC 20037
`
`/David Gottlieb/
`
`2
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`

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`United States Patent and Trademark Dffice
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`NARAYANA
`
`erd Mark NARAYANA
`
`ends and
`entices
`
`IC 003. US U01 0021 U05 U50 U51 052. G 8. 8: After sun creams. Alter-shaye balms After-shaye creams. Alter-shaue emulsions. Alter—shaye gel. Alter—shaue
`lotions. Alter-sun lotions. Age retardant gel. Age retardant lotion. Age spot reducing creams. Alcohol for cleaning purposes. All purpose cleaning preparations.
`All—purpose cleaners. Almond soaps. [Ambergris. ] Anti-aging cream. Antibacterial skin soaps. Anti-bacterial soap, Anti—freckle creams. Antiperspirants for
`personal use. Antiperspirants. Anti-wrinkle creams Aromatherapy creams Aromatherapy lotions. Aromatherapy oils [Aromatherapy pillows comprising
`potpourri in fabric containers. ] Astringents forcosmetic purposes. Automatic dishwashing detergents. Baby hairconditioner. Baby lotion. Baby oil. Baby oils
`Baby powder. Baby powders. Baby shampoo Baby wipes. Bath beads. Bath crystals. Bath foam. Bath foams. Bath gel. Bath gels. Bath lotion. Bath milks.
`Bath oil. Bath oils for cosmetic purposes Bath oils [ Bath pearls. ] Bath powder. Bath salts non-medicated Bath salts. Bath soaps in liquid. solid or gel form.
`Bathing lotions. Beauty creams for body care, Beauty creams, Beauty gels. Beauty lotions. Beauty masks. Beauty milks. Beauty serums. Bergamot oil. [
`Bleaching preparations for cosmetic purposes. ] Blush pencils. Blush. Blusher. Body and beauty care cosmetics. Body and beauty care preparations. Body
`cream soap Body cream. Body creams. [ Body deodorant in pill form. ] Body emulsions. Body lotion. Body lotions. Body mask cream. Body mask lotion.
`Body mask powder. Body masks Body milk. Body milks. Body oil. Body oils Body powder. Body scrub Body spray used as a personal deodorant and as
`fragrance, Body sprays. Breath freshener. Bubble bath. [Chalkfor make-up. Cleaner for cosmetic brushes] Cleansing creams cosmetic. Cleansing milk.
`Cocoa butterforcosmetic purposes. Cold cream. Cold creams. [ Cold wauing solutions, ] Cologne water. Compacts containing make-up. Concealers,[
`Cosmetic balls. ] Cosmetic creams for skin care. Cosmetic creams, Cosmetic oils forthe epidermis. Cosmetic oils. Cosmetic pads. Cosmetic pencils.
`Cosmetic preparations against sunburn. Cosmetic preparations for body care Cosmetic preparations for eye lashes. Cosmetic preparations for skin renewal. [
`Cosmetic products in the form of aerosols for skin care.] Cosmetic products in the form ofaerosols for skincare. Cosmetic rouges. Cosmetic soaps. Cosmetic
`sun—protecting preparations Cosmetic suntan lotions. Cosmetic sun-tanning preparations. Cosmetics namely. compacts. Cosmetics. Cream soaps. Creams
`for cellulite reduction. Creamy face powder. Creamy foundation. Creamy rouges. Cuticle conditioners. Cuticle cream. [ Cuticle remouing preparations. ] Dental
`rinse. [Denture cleaners. Denture cleaning preparations. ] Deodorant for personal use, Deodorant soap. Deodorants and antiperspirants. Deodorants for body
`care. Deodorants for clothing or textiles Depilatories Depilatory creams. Dish detergents. Dishwasher detergents, Dishwashing detergents. Disinfectant
`soaps. Disinfecting perfumed soaps. Eau de cologne colognewater. Eau de cologne. Eau de parfum. Eau de perfume. Eau de toilette. Eau-de—toilette. Eaux de
`toilette. [Emery boards. ] Essential oils as perfume for laundry purposes Essential oils for food fiayorings. Essential oils for personal use. Essential oils for
`use in manufacturing body creams. body lotions. body masks. body oils. body toners. facial creams. facial lotions. facial masks. facial oils. facial toners. hair
`conditioners and hair shampoos. Essential oils for use in the manufacture ofscented products. Exfoliant creams. Exfoliants for skin. Eye compresses for
`cosmetic purposes. Eye cream. Eye gels. Eye lotions. Eye makeup remouer. Eye makeup Eye pencils. Eye shadow. Eye shadows Eyebrow colors.
`Eyebrow pencils. Eyeliner pencils Eyeliners. Eyes make-up, Eyeshadows Face and body beauty creams. Face and body creams. Face and body lotions.
`Face and body milk. Face creams for cosmetic use. Face creams. Face milk and lotions. Face powder paste. Face powder. Face-powder on paper. Facial
`beauty masks. Facial cleansers. Facial cleansing milk. Facial concealer. Facial cream. Facial creams. Facial emulsions. Facial lotion. Facial makeup. Facial
`masks. Facial scrubs. Facial washes. Fair complexion cream. Feminine deodorant sprays. Foam bath. Foam cleaning preparations. [Foams containing
`cosmetics and sunscreens. ] Foot deodorant spray, Foot powder non-medicated. Foundation makeup. Fragrance emitting wicks for room fragrance,
`EXHIBIT
`
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`Fragrances for personal use. Fumigating incenses Kunko. Germicidal detergents. [ Granulated soaps, ] Hair balsam. Hair bleach, Hair bleaches. Hair
`bleaching preparations Hair care creams, Hair care lotions. Hair care preparations. Hair cleaning preparations. Haircolor removers, Hair color, Hair
`conditioners for babies Hair conditioners Hair conditioners. Hair creams. Hair decolorants. Hair dressings for men. Hair dyes. Hair emollients, Hair fixers. Hair
`frosts, Hairgels Hair lacquers, Hair Iighteners. Hair lotions Hair mascara. Hair mousses. Hair nourishers. Hair oils, Hair pomades. Hair relaxers, Hair relaxing
`preparations, Hair rinses shampoo—conditioners_. Hair rinses, Hair shampoo, Hair spray. Hair straightening preparations. Hair styling gel Hair styling
`preparations, Hair styling spray. Hair tonics Hair waving lotion, Hair—washing powder Hand cleaners, Hard cleaning preparations. Hand cream. Hand creams,
`Hand lotions. Hand soaps, Henna for cosmetic purposes. [Incense sticks Incense. Japanese hairfixing oil bintsuke—abura ] Lip balm non-medicated, Lip
`balm. Lip cream, Lip gloss pa atte. Lip gloss. Lip liner. Lip polisher, Lipsticks. Liquid bath soaps. Liquid foundation mizu-oshiroi. Liquid perfumes, Liquid soap
`used in foot bath. Liquid soap. Liquid soaps for hands and face. Liquid soaps for hands face and body. Lquid soaps. Loose face powder; skin. hair. facial.
`body and hairwaving lotions. _otions for beards. Lotions for cellulite reduction, Lotions forface and body care. Lotions for strengthening the nails, Make up
`foundations. Make up removing preparations, Make-up foundations, Make—up kits comprised of lipstick. foundations. rouge and facial powders; Make-up
`pencils. Make-up powder. Make—up products for the face and body Make-up remover, Make-up removing otions. Make—up removing milk, gel. lotions and
`creams Make—up removing mlks, Makeup, Mascara, Mascaras. Massage oil. Massage oils, Medicated soap. Medicated soaps. Mineral salt in the nature of
`bath salts not for medical purposes Moistened tooth powder. Moisturizing milks; Hair skin and facial mousse. Mouthwash. Mouthwashes. natural musk,
`Mustache wax. Nail bufling preparations. Nail care preparations. Nail cream. Nail enamel. Nail enamels. '\laiI grooming products, namely. tips. glue. lacquer
`and glitter. Nail hardeners Nal polish base coat. Nail polish removers. Nail polish top coat, Nail polish lxail strengtheners. Nail tips Nail varnish forcosmetic
`purposes, Nail-polish removers. Night cream, Non—medicated body soaks, Non—medicated dental rinse. l‘~.on—medicated diaper rash ointments and Iotions,[
`Non—medicated douches.] Non—medicated foot cream. Non—medicated grooming preparations for hair. Non—medicated lip care preparations. Non—medicated lip
`protector. Non—medicated moLth rinse. Non—medicated mouth wash and rinse Non—medicated mouthwash and gargle. Non—medicated ointments forthe
`prevention and treatment ofsLnburn. Non—medicated scalptreatment cream. Non—medicated skin care preparations, Non—medicated skin creams,
`Non—medicated stimulating lotions forthe skin. Non—medicated sun care preparations. Non—medicated toiletries Oil baths for hair care, Oils for hair
`conditioning. Oils fortoiletry purposes. Patches containing sun screen and sun blockfor use on the skin. Pencils for cosmetic purposes. Peppermint oil
`perfumery. Perfume oils for the manufacture ofcosmetic preparations, Perfume oils, Perfumed creams Perfumed paste, Perfumed powder. Perfumed powders.
`Perfumed soap. Perfumed soaps, Perfumedtalcum powder Perfumery, Perfumes. Perfuming sachets. Permanent wave preparations. Personal deodorants:
`non-medicated, non-veterinary grooming preparation. namely pet shampoo; Pet stain removers. hair and lip pomades. Pomades. Pomanders. Potpouni,
`Pre—shave creams. Pressed face powder. Pumice stones for personal use. Room fragrances. Rose oil for cosmetic purposes. Rouge. Rouges, Sachet—Iike eye
`pillows containing fragrances, Sachets, Scented body spray, Scented ceramic stones Scented linen sprays, Scented oils used to produce aromas when
`heated. Scented pine cones, Scented room sprays, Sculpting gel. [ Seaweed gelatine for laundry use li.inori ]Shampoo-conditioners. Shampoos for babies,
`Shampoos. Shaving balm. Shaving cream. Shaving creams. Shavingfoam. Shaving gel Shaving gels. Shaving lotion. Shaving lotions, Shaving mousse.
`Shaving preparations, Shaving soap, Shower and bath foam. Shower and bath gel. Shower creams. Shower gel. Shower gels, Skin abrasive preparations, Skin
`care products, namely. non-medicated skin serum. Skin clarifiers, Skin cleansers, Skin cleansing cream. Skin cleansing lotion. Skin conditioners, Skin cream,
`Skin creams in liquid and in solid form. Skin creams in liquid and solid form. Skin creams in liquid and solid Skin creams. Skin emollients, Skin gels for
`accelerating. enhancing or extendingtans Skin Iighteners, Skin lightening creams Skin lotion. Skin lotions. Skin masks. Skin moisturizer masks. Skin
`moisturizer. Skin polishing nce bran arai—nuka. Skin soap. Skin texturizers Skin toners. Skin whitening creams. Skin whitening preparations, Soap powder.
`Soaps and detergents, Soaps for body care Soaps for household use. Soaps for personal use. Soaps fortoilet purposes, Spot remover. Stain removers, Stick
`pomade, Styling gels. Styling lotions. Styling mousse, Sun block preparations Sun block, Sun care lotions. Sun creams. Sun screen preparations, Sun
`screen. Sun tan gel. Sun tan lotion. Sun tan oil. Sun—bIock lotions Sunscreen cream. Sunscreen creams, Suntan creams seIf—tanning creams Suntanning
`preparations. Talcum powder fortoilet use, Talcum powder, Talcum powders. Tanning creams, Teeth cleaning lotions. Toilet soap, Toilet soaps, Toilet water
`containing snake oil Toilet water Toners not acceptable alone, but acceptable in a list ofcosmetics, Toning lotion. forthe face, body and hands. Tooth
`cleaning preparations Tooth gel. Tooth paste in soft cake. Tooth paste. Tooth polish. Tooth powder. Tooth powders, Toothpaste, Toothpastes. [Topical herbal
`cream forfirming and enhancing breasts, ] Topical skin sprays for cosmetic purposes. Under—eye enhancers, Vanishing cream, [Varnish removers, ] Washing
`powder, Washing—up liquids, [Waterless soap. Wax strips for removing body hair. Whitewall cleaners, ] Windshield cleaner fluids Windshield washing liuid.
`Wrinkle removing skin care preparations, Wrinkle resistant cream. FIRST USE. 20041101. FIRST USE IN COMMERCE: 20041101
`
`IC 005. US U06 U18 U44 U46 U51 052. G 81. S: Acne medications Acne treatment preparations. Air deodorant. Airdeodorizer. Airfresheners. [Alcohol for
`topical use. Allergy capsules. Allergy medications. Allergy reliefmedication Allergytablets Almond oil for pharmaceutical purposes. Almond oils for
`pharmaceutical purposes. Analgesic balm. Analgesic preparations. Analgesics. Androgen preparations, Antibacterial alcohol skin sanitizer gel ]Antibacterial
`handwash. [Antibacterial pharmaceuticals. Antibacterial substances for medical purposes. ] Antibiotic creams. Antibiotic handwash. Antibiotic ointments.
`Antibiotic preparations. [Antibiotic tablets. Anticavity mouth rinses. Antidepressants. Aritidiabetic preparations. Antiemetics. Antifiatulants Antihistamines.
`Antihypertensives. ] Antimicrobial preparations for inhibiting microbiological decomposition in food. beverages. [ animal feed and pharmaceuticals. ]
`Antimicrobials for dermatologic use. [Antiparasitics Antipyretic analgesics. ] Antiseptic preparations. Antiseptics, [Antitoxic sera. ] Antivirals. [Anticancer
`preparations. Anticough drops. Anti-dermoinfectives Anti—diabetic pharmaceuticals, Anti—diabetic preparations ]Anti—fungal creams for medical use.
`Anti—infective products for veterinary use. Anti—infectives. Anti—infiammatories_. [Anti-inflammatory and antipyretic preparations. ] Anti-insect spray. Anti-itch
`cream. Anti-itch ointment. Anti-microbial handwash. [Anti—sarcoma preparations. Antivenin. Aquatic herbicides Artificial tears. ] Astringents for medicinal
`purposes. Athletes‘ foot lotions. Athletes'foot powders Athletes’ foot preparations. Bath salts for medical purposes. Bee pollen for use as a dietaryfood
`supplement [Beta blockers. ] Biochemical preparations for medical orveterinary purposes Biocides. Biological and chemical preparations and reagents for
`medical or veterinary use. Biological preparations for medical purposes. Burn dressings. Burn reliefmedication. [ Caffeine preparations for stimulative use.]
`Calamine lotion. [Calcium channel blockers. Calcium supplements. Cardiovascular pharmaceuticals. Cardiovasculartreatment preparations, Castor oil for
`medical purposes.] Cedar wood for use as a clothing protector andfordeodorizer. Cedar wood for use as an insect repellent. [Cells for medical or clinical use.
`Cholesterol reducers. Chondroitin preparations] Cleansing solutions for medical use. Cold sore treatment preparations. Corn and callus creams. [Corn pads.
`Corn plasters. Cough drops Cough expectorants Cough lozenges Cough syrups. Cough treatment preparations.] Bandruff shampoo. Becongestant
`
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`capsules, [Decongestant nasal sprays. Decongestants, ] Dental polish. Dental rinse, [ Depuratives forthe body. Dermatological pharmaceutical products.
`Dermatologicals. Diarrhea medication. Diet capsules. Diet pills. ] Dietary drink mix for use as a meal replacement. Dietary fiber as an additive forfood
`products. Dietary food supplements. Dietary supplemental drinks. Dietary supplements. Dietetic foods adapted for medical use, Disinfectant bathroom
`cleaners. [ Disinfectant toilet bowl cleaners. Disinfectants for chemical toilets. ] Disinfectants for contact lenses. Disinfectants for hygienic purposes.
`Disinfectants for medical instruments. Disinfectants for sanitary purposes. Disinfectinghandwash. [Diuretic preparations. Diuretics. Douches. Ear drops.]
`Electrolytes. Enema preparations. Energy boosting mouth dissolvable fiavored edible films. [Expectorants.] Eye compresses. Eye drops. Eye pillows
`containing aromatic substances for relieffrom headaches. insomnia and sinus discomfort. Eye washes. Feminine hygiene cleansingtowelettes. [Feminine
`hygiene pads. Ferments for medical orveterinary use, Fever blistertreatment preparations. Fluid forthe topical fluoridation oftooth enamel and decay
`prevention. Food for diabetics. Food for enteral feeding. Food for infants. Food for medically restricted diets. ] Food supplements. Food supplements. namely.
`anti-oxidants. Fungal medications. Fungicides for domestic use Fungicides for medical Lise, Garbage disposerfresheners. Gargles. Gastrointestinal cleaning
`agents. [ Gastro—intestinal treatment preparations. Gelatin capsules sold empty for pharmaceuticals. ] Gels for use as personal lubricant. General purpose
`germicide. Germicides and fungicides. Ginsengfor medicinal use. [Glaucoma agents. ] Hairgrowth stimulants. [Hemoglobin] Herb teas for medicinal
`purposes. Herbal anti—itch and sore skin ointment for pets. Herbal mud packs fortherapeutic purposes. Herbal products. namely. aroma therapy packs
`containing herbs used for aroma therapy. Herbal supplements. Herbal teas for medicinal purposes. [Herbicides weedkillers. ] Homeopathic pharmaceuticals f
`use in the treatment ofskin diseases. Homeopathic supplements. Household deodorant. Household deodorizer. [Human allogralt tissue. Human growth
`hormone. ] infant formula. irrigating solutions for eye use, [ lsopropyl alcohol for medical use,] Lactagogues. [ Laxatives] Lecithin for use as a dietary
`supplement, Liniments. Meal replacement and dietary supplement drink mixes. Meal replacement bars. Meal replacement drinks. Meal replacement powders.
`Meal replacement shakes. Medical cleansers for skin and wounds. Medicated baby oils. Medicated baby powders. Medicated bath preparations. Medicated
`bath salts. Medicated brush-on oral care gels. [Medicated candies.] Medicated compresses. [ Medicated confectionery. Medicated dental fioss. ] Medicated
`diaper rash ointments and lotions. Medicated foot powder. Medicated hair care preparations. Medicated hand wash. Medicated lip balm. Medicated Elody
`lotions. Medicated Facial lotions. Medicated Hair lotions. [ Medicated lozenges. ] Medicated mouth care and treatment preparations. Medicated mouthwash.
`Medicated pre-moistened tissues. Medicated pre-moistened towelettes. Medicated pre-moistened wipes. Medicated shampoo. Medicated shaving
`preparations. Medicated skin care preparations. Medicated skin preparation for use in treating skin diseases. Medicated sun care preparations. Medicated
`sunburn lotions. Medicinal creams for skin care, Medicinal herb extracts. Medicinal herbal extracts for medical purposes. Medicinal herbs in dried or preserve
`form. Medicinal preparations forthe mouth and as sprays. Medicinal preparations forthe mouth to be applied in the form ofdrops. capsules. tablets and
`compressed tablets. [ Medicines for the treatment of gastrointestinal diseases. ] Menstrual symptom treatment preparations. Menthol vapor bath preparations
`for babies. Migraine treatment preparations. [Mineral nutritional supplements. ]Mineral salts for medical purposes. Mineral supplements. Mixed antibiotic
`preparations. Mixed vitamin preparations. Mosouito—repellent incenses. [Moth balls. Mothproofing paper. Motion sickness treatment preparations. Mouth cavit
`cleansers. ] Multipurpose medicated antibiotic cream. analgesic balm and mentholated salve.. Multivitamin preparations. Multi-vitamin preparations. Muscle
`relaxants. Muscle soaks. Nail fungus treatment preparations. Nasal spray preparations. Nausea treatment preparations. [ Nematocides.] Nose drops,
`Nutritional additives to foodstuffs for animals. for medical purposes. Nutritional additives for use in foods and dietary supplements for human consumption.
`Nutritional drink mix for use as a meal replacement Nutritional supplements. Nutritional supplements in lotion form sold as acomponent ofnutritional skin car
`products. Nutritionally fortified water. Nutritionallyfortified beverages. [Nutritive substances for microorganism cultures. Nutritive substances for
`microorganisms for medical purposes. Nutritive substances for micro—organisms for medical use. Dcular pharmaceuticals. Ophthalmic preparations.
`Dphthalmo ogic p'eparations. Dphthalmological preparations. Dral analgesics. Dral contraceptives. Dral spray for the cessation of smoking. ] Pain relief
`medication. [Pancreas hormone preparations. Parapharmaceutical products for use in dermatology.] Pharmaceutical anti-allergic preparations and
`substances. [ Pharmaceutical preparations forthe treatment ofinfectious diseases, Pharmaceutical preparations acting on the central nervous system.
`PharmaceLtical p'eparations and substances forthe treatment of gastro—intestinal diseases. ] Pharmaceutical preparations for animal skincare, [
`PharmaceLtical p'eparations forthe treatment ofhormonal disorders and the prevention ofosteoporosis. Pharmaceutical preparations fortreating allergic
`rhinitis and asthma. ] Pharmaceutical preparations fortreating diabetes. Pharmaceutical preparations fortreating skin disorders. Pharmaceutical preparations
`for use in dermatology. Pharmaceutical preparations forwounds. Pharmaceutical products and preparations against dry skin caused by pregnancy.
`PharmaceLtical p'oducts and preparations for hydratingthe skin during pregnancy. Pharmaceutical products and preparations for pregnancy blemishes.
`PharmaceLtical p'oducts and preparations for preventing skin blemishes during pregnancy. Pharmaceutical products and preparations to prevent stretch
`marks. [Pharmaceutical products and preparations to prevent swelling in the legs. ] Pharmaceutical products for skin care for animals, [ Pharmaceutical
`products for the treatment of bone diseases. Pharmaceutical products for the treatment of viral and infectious diseases. for the treatment of cancer.
`PharmaceLtical p'oducts fortreating respiratory diseases and asthma.] Pharmaceutical skin lotions. [Poultices. Powdered milkfor babies. ] Powdered
`nutritional supplement drink mix. Preparation forthe relief of pain. Preparations forcleansingthe skin for medical use. [ Preparations for detecting genetic
`predispositons fo' medical purposes. ] Preparations for protecting plants against pathogens. [Preparations forthe suppression ofhormones. ] Preparations fo
`the treatment of asthma. Preparations for treating colds. Preparations to prevent chewing or biting by animals. Preparations to prevent nail-biting and thumb-
`sucking. Processed bee pollen for medicinal ortherapeutic purposes. Processed cactus for medicinal ortherapeutic purposes. Products and preparations for
`cleansingthe skin for medical use. Radiation sickness treating agents. [Radio-isotope markers fortherapeutic or diagnostic use, Respiratory stimulants.]
`Room deodorants. Room deodorizing compositions. Rubbing compound for medical andfor therapeutic use. Sanitary preparations for medical use. Sanitary
`sterilizing preparations. Sanitizers for hospital use. Sanitizers for household use, Sanitizing wipes. Sinus pillows containing aromatic substances for relieffio
`headaches. insomnia and sinus discomfort
`[Sleeping pillsftablets. ] Smelling salts. Soy protein for use as a nutritional ingredient in various powdered and
`ready-to-drink beverages. Sugar replacement for medicinal ortherapeutic purposes. Sweets for medicinal purposes. Throat lozenges. [Thyroid and para-thyroi
`hormone preparations. ]Topical analgesics. Topical anesthetics. Tumor suppressing agents. [Unit dose capsules sold empty for pharmaceutical use, ] Vagin
`moisturizers. Vaginal preparations. namely. antifi.ingals. Vaginal washes. [Viscoelastic agents for eye use. ] Vitamin and mineral supplements. Vitamin and
`mineral formed and packaged as bars. Vitamin and mineral preparations for medical use. Vitamin and mineral preparations for use as ingredients in the food
`and pharmaceutical industry, Vitamin B preparations. Vitamin C preparations. Vitamin D preparations. Vitamin drops. Vitamin enriched water. Vitamin fortified
`beverages. Vitamin preparations, Vitamin supplements. Vitamin tablets. Vitamins. Wart removing preparations. Water-based personal lubricants. Wheat for
`use as a dieta
`sulement. Witch hazel. Wound dressins Yeastor east extractsfor medical. veterina
`or harmaceutical uroses. FIRST USE
`
`

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`sucking. Processed bee pollen for medicinal ortherapeutic purposes. Processed cactus for medicinal ortherapeutic purposes. Products and preparations for
`cleansing the skin for medical use. Radiation sickness treating agents. [ Radio-isotope markers for therapeutic or diagnostic use. Respiratory stimulants]
`Room deodorants, Room deodorizing compositions. Rubbing compound for medical andlor therapeutic use. Sanitary preparations for medical use. Sanitary
`sterilizing preparations. Sanitizers for hospital use. Sanitizers for household use. Sanitizing wipes. Sinus pillows containing aromatic substances for relieffrom
`headaches. insomnia and sinus discomfort. [Sleeping pillsltablets. ] Smelling salts. Soy protein for use as a nutritional ingredient in various powdered and
`ready-to—drink beverages. Sugar replacement for medicinal or therapeutic purposes. Sweets for medicinal purposes.Throat lozenges [Thyroid and para-thyroid
`hormone preparations. ] Topical analgesics. Topical anesthetics, Tumor suppressing agents. [Unit dose capsules sold empty for pharmaceutical use. [Vaginal
`moistunzers. Vaginal preparations. namely. antifungals. Vaginal washes. [Viscoelastic agents for eye use, ] Vitamin and mineral supplements. Vitamin and
`mineral formed and packaged as bars. Vitamin and mineral preparations for medical use, Vitamin and mineral preparations for use as ingredients in the food
`and pharmaceutical industry. Vitamin B preparations. Vitamin C preparations. Vitamin D preparations Vitamin drops. Vitamin enriched water. Vitamin fortified
`beverages. Vitamin preparations. Vitamin supplements. Vitamin tablets. Vitamins. Wart removing preparations. Water—based personal lubricants Wheat for
`use as a dietary supplement. [ Witch hazel. ] Wound dressings. Yeast or yeast extracts for medical. veterinary or pharmaceutical purposes. FIRST USE."
`20041101. FIRST USE IN COMMERCE" 20041101
`
`a
`
`Standard
`Characters
`Claimed
`
`Mark
`
`Drawing
`Code
`
`Serial
`Number
`
`{4} STANDARD CHARACTER MARK
`
`TB525923
`
`Filing Date December2. 2004
`Current
`Basis
`
`1A
`
`Original
`Filing Basis
`Published
`for
`
`Opposition
`
`1A:1B
`
`March 20 2006
`
`Registration
`Number
`
`31061415
`
`Registration
`Date
`
`June 20. 2005
`
`Owner
`
`lREGlSTRANT} Zeman. Caroline S INDIVIDUAL UNITED STATES 441-cl lulartindale Dr. Cascade COLORADO 30009
`
`[REGISTRANT} Zeman. Walterd DBA Narayana. Inc. INDIVIDUAL UNITED STATES 5152 First Coast Hwy Fernandina Beach FLORIDA 32034
`
`Description Color is not claimed as a feature ofthe mark.
`of Mark
`
`T?“ °'
`lularl-:
`
`Register
`Afiidayit
`Text
`
`TRADEMARK
`
`PRINCIPAL
`
`SECT 15. SECT 3 [E-YR}.
`
`Live.’Dead
`Indicator
`
`LIVE
`
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