Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA818195
`
`Filing date:
`
`05/02/2017
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91224818
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's e-mail
`
`Signature
`
`Date
`
`Attachments
`
`Defendant
`Luciano Sztulman M.D., Inc.
`
`ROBERT SALTER
`SALTER & MICHAELSON
`21 PARK ST SUITE 402
`ATTLEBORO, MA 02703
`UNITED STATES
`rsalter@saltermichaelson.com
`
`Opposition/Response to Motion
`
`Robert Salter
`
`rsalter@saltermichaelson.com
`
`/Robert Salter/
`
`05/02/2017
`
`20170502153752.pdf(2777207 bytes )
`20170502154407.pdf(3973336 bytes )
`20170502154608.pdf(2238350 bytes )
`
`

`

`iN THE UNITED STATES PATENT AND TRADEMARK OFFiCE
`Before the Trademark Trial and Appeal Board
`
`Market America, lnc.,
`
`Opposer,
`
`vs.
`
`Luciano Sztulman M.D.,lnc.,
`Applicant.
`
`:
`
`:
`
`:
`
`Opposition #91224818
`
`TM:
`
`VlTAMlNDFUL
`
`Serial #86/469018
`
`DECLARATION OF LUCIANO SZTULMAN
`IN SUPPORT OF APPLICANT'S OBJECTION T0 OPPOSER’S MOTION FOR SUMMARY JUDGMENT
`
`I, Luciano Sztulman, hereby declare as follows:
`
`1.
`
`lam President and CEO of Luciano Sztulmen M.D., Inc.
`
`2. On December 2, 2014 l reviewed the results of a preliminary trademark search Conducted
`
`by my legal counsel for the mark VITAMINDFUL. On even date i instructed legal counsel to
`file an application in an attempt to obtain registration (Exhibit 1).
`3. On March 24, 2015 an Office Action was issued by the Trademark Office. A response to
`Office Action was filed June 24, 2015 and the Trademark Office issued a Notice of
`
`Publication on August 26, 2015 (Exhibit ll.
`
`4. Since the filing of the application, I have purchased domain names (Exhibit 2), had a Website
`built (Exhibit 3), had video commercials produced (Exhibit 4), developed labels and
`purchased product (Exhibit 5).
`
`5. On June 2, 2016, my counsel served OppoSer’s counsel Applicant’s Supplemental Responses
`to Opposer’s discovery requests (Exhibit 8).
`
`i declare under the penalty of perjury that the foregoing is true and caviact.
`(,4:
` Luci
`
`. r
`
`Dated: May 2, 2017
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Before the Trademark Trial and Appeal Board
`
`Market America, lnc.,
`
`Opposer,
`
`vs.
`
`Luciano Sztulman M.D.,lnc.,
`
`Applicant.
`
`:
`
`:
`
`:
`
`Opposition #91224818
`
`TM:
`
`VlTAMlNDFUL
`
`Serial #86/469018
`
`APPLlCANT’S OBJECTlONS TO OPPOSER’S MOTION FOR SUMMARY
`
`JUDGMENT AND MEMORANDUM IN SUPPORT THEREOF
`
`1.
`
`lNTRODUCTlON
`
`Applicant, Luciano Sztulman M.D., |nc., objects to Opposer’s Motion for Summary Judgment on the
`
`basis that genuine issues of material fact still exist, and that Applicant will be unduly prejudiced if
`
`Opposer’s Motion is granted since Applicant’s intended use and registration of the VlTAMlNDFUL
`
`trademark is not likely to cause confusion with Opposer’s VITA—MIND trademark. In support of
`
`Applicant’s Objection, Applicant submits herewith the Declaration of Dr. Luciano Sztulman
`
`(hereinafter referred to as the "Sztulman Decl.”).
`
`2.
`
`
`FACTS
`
`Dr. Luciano Sztulman, MD, FACOG, FACS, is a Board— Certified Gynecologist by the American Board of
`
`Obstetrics and Gynecology and has over thirty years of experience in the use of lasers in medicine
`
`and surgery. He is a Fellow of the American College of Obstetricians and Gynecologists, Fellow of
`
`the American College ofSurgeons, a Member of the American Society of Cosmetic Physicians,
`
`Member of the International Society of Cosmeto—Gynecology, and a Member of the lnternational
`
`

`

`Society of Hair Restoration Surgeons. On December 2, 2014, before adopting the trademark
`
`VlTAMlNDFUL for its vitamins, Applicant instructed counsel to conduct an investigation for the
`
`availability of VlTAMlNDFUL (Sztulman Decl. para. 2) and Exhibit 1. On even date, after reviewing the
`
`results of the search, Applicant instructed counsel to file an application for registration said
`
`application was eventually passed to publication; the complete file history of Application Serial No.
`
`86469018 is annexed hereto as Exhibit 1. Applicant purchased the domain names vitamindful.com
`
`and vitamindfulcombr on December 15, 2014 (Exhibit 2). Applicant had a website designed on
`
`December 31, 2014 (Exhibit 3). The website has not gone live pending the disposition of the instant
`
`proceeding. Applicant produced video commercials in November and December 2014 that may be
`
`seen on YouTube via the World Wide Web (Exhibit 4). Applicant developed labels and purchased
`
`product Exhibit 5. A complete compilation of Applicant’s expenses is shown in Exhibit 6. Exhibits 1-6/
`
`Applicant’s Supplemental Responses to Opposer’s First Set of interrogatories and Document
`
`Requests were served on Opposer’s counsel June 2, 2016 (Exhibit 8).
`
`3.
`
`LAW
`
`Summary Judgment is inappropriate.
`
`“ The burden in a motion for summaryjudgment is on the moving party to establish prima
`
`facie that there is no genuine issue of material fact
`
`Fed. R. Civ. P. 56(c)". Aries Systems Corp. v.
`
`World Book lnc., 23 USPQ 2d 1742, 1744 (TTAB 1992). When confronted with a motion for
`
`summary judgment, the function of the Board is to determine if such genuine issues of material fact
`
`are to be tried.
`
`lg.
`
`All doubts as to whether the factual issues are seriously in dispute must be
`
`resolved against the moving party. Also, all inferences must be drawn in favor of the non-moving
`
`party. l_d_.
`
`In this case, Opposer moves for summary judgement, stating that no genuine issues of
`
`material fact exist. Applicant disagrees.
`
`i.
`
`A genuine issue of material fact exists with respect to Applicant’s intent to use the
`
`VlTAMlNDFUL trademark as set forth in the above Facts section.
`
`

`

`ii.
`
`in addition, genuine issues of material fact exist regarding the likelihood of
`
`confusion between Applicant’s VITAMINDFUL mark and Opposer’s VlTA—lVllND mark
`
`as set forth below in this section.
`
`Likelihood of Confusion
`
`in determining whether there is a likelihood of confusion, the Board must first look at the
`
`marks themselves for similarities and differences in appearance, sound, connotation and commercial
`
`impression. in re E.|. Dupont de Nemours & Co.,_476 F.2d.1357, 177 USPQ 563 (CCPA 1973).
`
`Second, the Board must compare the goods and services to determine if they are related or if the
`
`activities surrounding their marketing are such that confusion as to origin is likely. In re August Storck
`
`KG, 218 USPQ 823 (TTAB 1983); In re international Telephone and Telegraph Corp, 197 USPQ 1910
`
`(TTAB 1978); Guardian Products Co., lnc. v. Scott Paper Co., 200 USPQ 738 (TTAB 1978). A genuine
`
`issue of material fact exists with respect to Opposer’s likelihood of confusion claim because the
`
`marks are not similar to cause confusion among relevant consumers. Likelihood of confusion is
`
`determined on a case by case basis taking into consideration the thirteen non—exclusive DuPont
`
`factors which include (1) the similarity or dissimilarity of the marks in their entireties as to
`
`appearance, sound, connotation, and commercial impression; (2) the conditions under which and
`
`buyers to whom sales are made, (3) the number and nature of similar marks in use on similar goods.
`
`in re DuPont de Nemours & Co., 476 F.2d 1357, 177 U.S.P.Q. 563 (C.C.P.A. 1973). ln determining
`
`likelihood of confusion between Applicant’s mark and Opposer’s mark, the dissimilarity of the marks,
`
`the conditions under which and buyers to whom sales are made, and the number and nature of
`
`similar marks in use on similar goods should be considered as dominant factors.
`
`Applicant’s mark is different in appearance, sound, and the entireties from Opposer’s mark
`
`and, thus, Applicant's mark creates different commercial impression from Opposer’s mark. While
`
`marks should be compared in their entireties in determining overall commercial impression of the
`
`marks, individual components are also compared as important factors in making the decision. See
`
`Recot, Inc. v. lVl.C. Becton, 214 F.3d 1322, 1329-30, 54 USPQ2d 1894, 1899 (Fed. Cir. 2000); TMEP
`
`§1204.01(b); In re Chatam Int’l lnc., 380 F.3d 1340, 1342, 71 USPQZd 1944, 194647 (Fed. Cir. 2004);
`
`in re Nat’l Data Corp, 753 F.2d 1056, 1058, 224 USPQ 749, 751 (Fed. Cir. 1985) ("[l]n articulating
`
`DJ
`
`

`

`reasons for reaching a conclusion on the issue of confusion, there is nothing improper in stating that,
`
`for rational reasons, more or less weight has been given to a particular feature of a mark. .
`
`. .”); in re
`
`Kysela Pere et Fils, Ltd., 98 USPQ2d 1261, 1267 (TTAB 2011). Here, Applicant’s mark is a single
`
`invented word in combination ofa word, VITAMlN, a letter, D, and a suffix, FUL while Opposer’s
`
`mark is composed of two different words, VlTA and MIND and the words are connected with a
`
`hyphen. Hence, the marks do not share a similar word with each other because Applicant’s mark
`
`begins with VlTAlVIIN while Opposer’s mark begins with VITA. ’Vita’ is a word which has two
`
`meanings: (1) curriculum vitae; (2) a female given name, form of Davida. Supra. Exhibit 1 of
`
`Applicant’s response to Office Action (Exhibit 1). Further, consumers are more likely to recognize the
`
`first word of Applicant’s mark as “Vitamin” rather than “Vita” when they see Applicant’s mark
`
`because ’Vitamin’ is more familiar word to the public than ’Vita.’ When a key word ’Vitamin
`
`definition’ is searched on google®, about 23,800,000 search results are revealed while 14,000,000
`
`results are revealed for a key word, “Vita definition.’ Supra Exhibit 2 of Applicant’s response to Office
`
`Action (Exhibit 1). Especially, when we consider that Applicant’s goods are vitamins, consumers
`
`would more likely to recognize Applicant’s mark begins with a word ’Vitamin’ rather than ’Vita.’
`
`Moreover, even if marks sound similarly or the same, difference by only one letter
`
`sufficiently changes the commercial impression. ln re. Conti, 220 USPQ 745 ("[Wlhile it is clear that
`
`the marks are identical in sound, only one letter being different (i.e. SHEAR and SHEER), it is our view
`
`that the one letter difference changes the commercial impression engendered by the marks”). Here,
`
`the differences between Applicant’s mark and Opposer’s mark are more than one letter because the
`
`marks sound and look differently.
`
`Applicant’s mark and Opposer’s mark are different in appearance and sound, the
`
`differences make the marks different from each other in their entireties, and the marks accordingly
`
`create a very different commercial impression from each other. For the reason, it is highly unlikely
`
`that consumers of products of Applicant and Opposer would believe that they come from the same
`
`source.
`
`The fourth DuPont factor considers whether consumers are likely to purchase products on
`
`impulse or through “careful, sophisticated” judgment. DuPont, 476 F.2d at 1361. The more
`
`sophisticated a customer is, the less likely that the consumer would get confused with source of a
`
`

`

`product.
`
`See Palm Bay Imports v. Veuve Clicquot Ponsardin Maison Fondee En 1772, 396 F.3d 1369
`
`(Fed. Cir. 2005); Electronic Design & Sales v. E.D.S., 954 F.2d 713, 718 (Fed. Cir. 1992). That is
`
`because sophisticated purchasers exercise extra care when purchasing goods. In re N.A.D.Inc., 224
`
`U.S.P.Q. 863 (TTAB 1985); Information Resources v. X*Press Information, 6 U.S.P.Q.2d 1034 (TTAB
`
`1988)
`
`Vitamin and health supplement purchasers are more sophisticated and careful and exercise
`
`extra care when they select vitamins and health supplements since they have specific needs and
`
`have preferences in manufacturers and brands because the products are health-related. According to
`
`the specimen which Opposer filed with the USPTO on April 16, 2015 to renew the registration, it is
`
`selling its products bearing cited mark in a stylized form: white colored bold ’V’ of ’Vita’ is placed in
`
`an opaque green circle and ’mind’ is written in green. Supra. Exhibit 3 Applicant’s response to Office
`
`Action (Exhibit 1). In addition, a description of ’natural brain health support’ is written under the
`
`stylized cited mark. Id. In addition to the use of the stylized form ofOpposer’s mark, when we
`
`consider that the goods for Applicant’s mark are vitamins and the goods of the Opposer are
`
`nutritional supplement for mental acuity and alertness, it is highly unlikely that consumers who want
`
`to purchase brain health support products would get confused with the source ofthe products as
`
`Applicant’s.
`
`As every circumstance regarding the sale of goods should be considered to determine
`
`likelihood of confusion, we consider all relevant circumstances and find that it is unlikely that
`
`consumers of vitamins of Applicant and brain health support products of Opposer would believe that
`
`they come from the same source. See Industrial Nucleonics Corp. v. Hinde, 475 F.2d 1197,177
`
`U.S.P.Q. 386 (C.C.P.A. 1973).
`
`In addition to Opposer’s registration, evidence of third—parties of similar marks in
`
`International Class 5 are found in the federal register and support that Applicant’s mark can coexist
`
`without causing likelihood of confusion with Opposer’s registration among relevant consumers. The
`
`live registered marks are:
`
`1)
`
`Mark: VITAMINID
`
`Reg. No. 3790222
`
`Reg. Date: May 18, 2010
`
`

`

`Registrant: Pharmavite LLC
`
`Goods: Vitamins, minerals, and dietary supplements in international Class 5,
`
`2)
`
`Mark: VITAIVIINDE
`
`Reg. No. 1134430
`
`Reg. Date: May 6, 1980
`
`Registrant: FLINT RIVER MILLS, INC.
`
`Goods: Vitamin and mineral supplement for dry feed for livestock, poultry, and deer in
`
`International Class 5. Both of these registrations are shown in Exhibit 7.
`
`Intent to Use
`
`A genuine issue of material fact exists with respect to Applicant’s bona fide intent to use the
`
`mark in commerce as evidenced by Applicant’s hiring of legal counsel to conduct a preliminary
`
`screening search (Sztulman Decl. para. 2). Its subsequent filing of Application Serial No. 86469018
`
`and prosecution of same (Exhibit 1). Its purchase ofdomain names (Exhibit 2). Its building of a
`
`website (Exhibit 3). Its production of video advertising commercials (Exhibit 4). Its development of
`
`labels and purchase of product (Exhibit 5) and the expenses incurred for this mark shown in the
`
`compilation of expenses (Exhibit 6). Exhibits 1-6/ Applicant’s Supplemental Responses to Opposer’s
`
`First Set of Interrogatories and Document Requests were served on Opposer’s counsel June 2, 2016
`
`(Exhibit 8).
`
`For the foregoing reasons, Opposer’s Motion for Summary Judgment should not be granted.
`
`Applicant has proven that a genuine issue of material fact presently exists with respect to Applicant’s
`
`intended use and registration of the mark VITAIVIINDFUL in connection with the sale of vitamins and
`
`that the marks are not likely to be confused. Accordingly, a grant of summaryjudgment is
`
`inappropriate.
`
`

`

` ' *m
`
`
`Iib‘fiéfi S. Salter
`
`Dated:
`
`May
`
`g!(‘3
`
`a.
`fig a
`
`, 2017
`
`SALTER & MICHAELSON
`
`21 Park St., Suite 402
`Attleboro, MA. 02703
`Tel
`:40l.421.314l
`
`Fax
`
`: 401.861.1953
`
`email : rsaIter@saltermichaelsoncom
`
`CERTIFICATE OF SERVICE
`
`This will hereby certify that a copy of the foregoing APPLICANT’S OBJECTIONS TO OPPOSER’S
`been
`MOTION FOR SUMMARY JUDGMENT has
`served
`on Opposer's
`attorney on
`the
`
`2nd day of May , 2017, by transmitting a copy thereof to Ryan S. Luft, via email at ryanQiuftlaflcom.
`
`
`
`Certifer’
`
`

`

`Exhibit 1
`
`

`

`Robert Salter
`
`rom:
`Sent:
`To:
`Subject:
`
`— F
`
`Robert S. Salter, Esq. <rsalter@sa|termichaelson.com>
`Tuesday, December 02, 2014 12:28 PM
`xobgynne‘
`Trademark Search: VlTAMlNDFUL
`
`Attachments:
`
`Ol499—OOOO_MICH_ZOl4l202_l14448.PDF
`
`Dear Luciano— Attached are the results of the above—identified search.
`
`Of interest is Reg. # 2944356 for the mark VlTA—MlND used in connection with nutritional supplements for mental acuity
`and alertness. Based on the existence of this prior registration I could not guarantee that we could successfully obtain
`registration for your proposed use of VlTAMiNDFUL in connection with vitamins. i would estimate fifty percent (50%)
`chance of successfully obtaining registration. Let me know if you would like us to file an application in an attempt to
`obtain registration.
`
`Sincerely,
`Salter, Esq
`Robert
`
`rsalterfa)saltermichaelsoncom
`
`SAIII‘ER & MlCl-lAELS’ON
`
`The Heritage Building
`321 South fix/lain Street
`
`Pro‘v’idence, RI. 02903-7128
`401421.3l4l li‘as' 40l.86l.l953
`>l<>l=>l<>l<>l<>l<>l<tl<>r~>i=>l<$=>k>l<>k=k£<>k€<>l<*>k***>l1>i<*>l=*>l<*>l<***>k>l<$>k>l<>l<**>l<%<$<$*>i<>i<>k$>k>l<>l<>l<>k$<>l<>k>i<>l<>l¢$
`
`This e-mail message and any attachments may contain
`confidential or privileged information. if you are not the
`intended recipient. please notify me immediately by
`replying to this message, and destroy all copies of this
`message and attachments.
`
`From: obgynne [mailtozobgynne@yahoo.com]
`Sent: Monday, December 01, 2014 3:10 PM
`To: Robert Salter
`
`Subject: Re: Trademark
`
`please go ahead
`
`Luciano Sztulman MD, FACS, FACOG
`Bastside Obstetrics and Gynecology
`Medical Director, Skinsational Liposculpture, Providence Hair Restoration
`One Randall Square, Suite 401, Providence, RI 02904
`Telr401‘)521—1006
`Fax(40l)521-1009
`Please visit: iiiiiixskiiisau oneltiseui - .i113,5}?iljéillféfliiiDiilmilsyflm - BALILbfifliillIlitXliiflAlé
`
`This communication is for discussion purposes only and does not create any obligation to negotiate or enter into
`a binding agreement.
`
`

`

`
`From: Robert Salter <[salter@saltermichaelson.com>
`To: ngygge§a2yahoocorh
`Sent: Monday, December 1, 2014 2:53 PM
`Subject: RE: Trademark
`
`Hi Luciano - I'd recommend a search first ($250) and if the search results are favorable the cost to
`register is approximately $850 breakdown $575 our service charge $275 gov't filing fee.
`
`Sincerely,
`Robert S. Salter, Esq
`
`rsalter@saiterméchaeison.com
`SALTER & MICHAELSON
`
`The Heritage Building
`321 South Main Street
`
`Providence, RI. 02903—7128
`Tel: 401.421.3141 Fax: 401.861.1953
`>l<>l<>l<>i<>i<>l<>l<>k>l<>l<******>l<>l<*>i<>l<>l<***>l<*>l<>l<>l<*>l<>i<>l<>l<*>l<>l<>l<>l<>l<************************
`
`This e-mail message and any attachments may contain
`confidential or privileged information. If you are not the
`intended recipient, please notify me immediately by
`replying to this message, and destroy all copies of this
`message and attachments.
`
`On Mon, Dec 1, 2014 at 2:35 PM, obgynne wrote:
`
`Hello Robert,
`
`What's the cost to trademark "Vitamindful", please? I got the url, so it's available.
`
`This is the name of a vitamin line that I am considering launching. I will distribute the
`vitamins, sell online. The ingredients include: Vitamins, A, B, C, etc.....Acal , Biriti, other
`herbal supplements.
`
`If you need more info, let me know.
`
`Thanks\
`
`Luciano Sztulman MD, FACS, FACOG
`Eastside Obstetrics and Gynecology
`Medical Director, Skinsational Liposculpture, Providence Hair Restoration
`One Randall Square, Suite 401, Providence, RI 02904
`Tel (401) 521-1006
`Fax (401) 521—1009
`
`Please visit: M/wskinsatiogalrrcom — WWW.ha§rtranS§iantrl.COm ' WWW.beaU':ylSpOW€r.US
`
`This communication is for discussion purposes only and does not create any obligation to
`negotiate or enter into a binding agreement.
`
`

`

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`
`VITA-MIND
`
`Word Mark
`
`Goods and
`Services
`
`Mark Drawing
`Code
`Serial Number
`
`VITA-MIND
`
`lC 005. US 006 018 044 046 051 052. G & S: Nutritional Supplement for mental acuity and
`alertness. FIRST USE: 20020801. FIRST USE IN COMMERCE: 20020801
`
`(1) TYPED DRAWING
`76400246
`
`Filing Date
`Current Basis
`
`April 26, 2002
`1A
`
`18
`
`I
`
`September 14, 2004
`
`Original Filing
`.
`Bass
`Published for
`Opposition
`Registration
`2944366
`Number
`Registration Date April 26, 2005
`Owner
`(REGISTRANT) Market America, Inc. CORPORATION NORTH CAROLINA 1302 Pleasant
`Ridge Road Greensboro NORTH CAROLINA 27409
`
`Attorney of
`Record
`
`Ryan S. Luft
`
`Type of Mark
`
`TRADEMARK
`
`.
`Register
`Affidavit Text
`Live/Dead
`LIVE
`Indicator
`
`
`PRINCIPAL
`SECT 15. SECT 8 (ES-YR).
`
` V
`:.. ..
`V
`
`STRUGWFCEB
`
`.Bfimu'iéfifltfl
`
`
`
`
`
`http://tmsearch.uspto.goV/bin/showfie1d?f=doc&state=4807:jlmelk.3.8
`
`12/2/2014
`
`

`

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`VITA MINDER
`
`IC 021. US 002. G & S: CONTAINERS FOR VITAMINS. FIRST USE: 19751201. FIRST USE IN
`COMMERCE: 19751201
`
`Mark Drawmg
`Code
`Serial Number
`
`(1) TYPED DRAWING
`73102434
`
`Filing Date
`Current Basis
`
`October 7, 1976
`1A
`
`Original Filing
`Basis
`
`1A
`
`Registration
`Number
`
`1080388
`
`Registration Date December 27, 1977
`
`Owner
`
`Assignment
`Recorded
`Attorney of
`Record
`Type of Mark
`
`Register
`Affidavit Text
`Renewal
`
`(REGISTRANT) KIRSTINE—HENDRICKS DBA VlTAMlNDER COMPANY CORPORATION
`CALIFORNIA 311 OTTERSON DRIVE, SUITE 10 CHICO CALIFORNIA 95928
`
`ASSIGNMENT RECORDED
`
`Raymond M. Mehler
`TRADEMARK
`
`PRINCIPAL
`SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20080105.
`2ND RENEWAL 20080105
`
`LIVE
`LivelDead
`Indicator
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`Wm
`ma
`nexus-r FIRE‘E‘DDE mamas
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`06
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`, Record 4 out of 13
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`VITAMINDOCTOR
`
`Word Mark
`
`VlTAMlNDOCTOR
`
`Goods and Services
`
`IC 005. US 006 018 044 046 051 052. G & 8: Vitamin and mineral preparations for medical
`use. FIRST USE: 20060511. FIRST USE IN COMMERCE: 20071207
`
`Standard Characters
`Claimed
`
`Mark Drawing Code
`Serial Number
`
`(4) STANDARD CHARACTER MARK
`78881073
`
`Filing Date
`Current Basis
`
`May 11, 2006
`1A
`
`Original Filing Basis 18
`Published for
`July 24, 2007
`opposition
`Registration Number 3442762
`Registration Date
`June 3, 2008
`
`Owner
`
`(REGISTRANT) Marshall, Richard Keith lNDlVIDUAL UNITED STATES 420 Primrose Drive
`Greensburg PENNSYLVANIA 15601
`LEE R. GOLDEN
`Attorney of Record
`TRADEMARK
`Type of Mark
`PRlNClPAL
`Register
`SECT 15. SECT 8 (6-YR).
`Affidavit Text
`LlVE
`Live/Deadlndicator
`
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`Record 13 out of 13
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`Typed Drawing
`
`Word Mark
`
`Goods and
`Services
`
`VITAMINDE
`
`IC 005. US 018. G & S: VITAMIN AND MINERAL SUPPLEMENT FOR DRY FEED FOR
`LIVESTOCK, POULTRY, AND DEER. FIRST USE: 19661122. FIRST USE IN COMMERCE:
`19661201
`
`Mark Drawing
`Code
`
`(1) TYPED DRAWING
`
`Serial Number
`
`73196976
`
`Filing Date
`Current Basis
`
`December 15, 1978
`1A
`
`Original Filing
`Basis
`
`1A
`
`Registration
`Number
`
`Registration
`Date
`
`Owner
`
`Assignment
`Recorded
`
`Attorney of
`Record
`
`Type of Mark
`Register
`Affidavit Text
`Renewal
`
`1134430
`
`May 6, 1980
`
`(REGISTRANT) FLINT RIVER MILLS, INC. CORPORATION FLORIDA P. 0. BOX 280
`BAINBRIDGE GEORGIA 39818
`
`ASSIGNMENT RECORDED
`
`BRIAN M. DAVIS
`
`TRADEMARK
`PRINCIPAL
`
`SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20090912.
`2ND RENEWAL 20090912
`
`Live/Dead
`LIVE
`Indicator
`
`
`
`
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` wétartmi List At: [:jORIwiuflpwlto record:[::] Record 8 out of
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`Word Mark
`Goods and
`Services
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`Mark Drawing
`Code
`
`Design Search
`Code
`Trademark
`
`Search Facility
`Classification
`Code
`
`Serial Number
`
`VlTAMlNDEAL
`
`IC 035. US 100 101 102. G & S: On-line retail store services featuring vitamins, food supplements,
`mineral supplements, herbal supplements, homeopathic supplements, nutritional supplements,
`appetite suppressants, meal replacement shakes, nutritional bars, cosmetics, fragrance,
`perfumes, colognes, pet food, pet supplies, pet accessories, bodyjewelry, lingerie, and consumer
`computer hardware products. FIRST USE: 20090120. FIRST USE IN COMMERCE: 20090120
`
`(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
`
`01.05.04 ~ Sun with rays but neither partially exposed nor with facial features
`
`NOTATlON-SYMBOLS Notation Symbols such as Non—Latin characters,punctuation and
`mathematical signs,zodiac signs,prescription marks
`SHAPES-ASTRO Astronomical shapes consisting of celestial bodies, globes and geographical
`maps
`SHAPES-BAR-BANDS Designs with bar, bands or lines
`SHAPES-CIRCLE Circle figures or designs including semi-circles and incomplete circles
`SHAPES—MISC Miscellaneous shaped designs
`77489199
`
`Filing Date
`Current Basis
`
`June 2, 2008
`1A
`
`Original Filing
`Basis
`
`18
`
`Published for
`
`Opposition
`
`October 28, 2008
`
`3693638
`
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`Registration
`Number
`
`Registration
`Date
`
`Owner
`
`October 6, 2009
`
`(REGISTRANT) Jumbohut Inc. DBA ViiaminDeal CORPORATION CALIFORNIA 1142 8.
`Diamond Bar Blvd. Diamond Bar CALIFORNIA 91765
`
`Description of Color is not claimed as a feature of the mark. The mark consists of the mark consists of the word
`Mark
`"VitaminDeal" with a symbolize glowing sun to the left of the word.
`Type of Mark
`SERVICE MARK
`
`Register
`Live/Dead
`Indicator
`
`PRINCIPAL
`
`LIVE
`
`
`
`mom
`
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`VITAMINDRIP
`
`Word Mark
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`VlTAMlNDRlP
`
`Goods and Services
`Standard Characters
`Claimed
`
`lC 005. US 006 018 044 O46 051 052. G & S: Nutritional supplements
`
`Mark Drawing Code
`Serial Number
`
`(4) STANDARD CHARACTER MARK
`85692446
`
`Filing Date
`Current Basis
`
`Original Filing Basis
`Date Amended to
`Current Register
`Owner
`
`August 1, 2012
`44E
`
`1B;44D
`
`OCtOber 8’ 2014
`(APPLICANT) Intellectual Entrepreneur Ltd. CORPORATION CANADA Suite 5700 100
`King Street West Toronto, Ontario CANADA M5X107
`
`Attorney of Record
`Priority Date
`
`Norm J. Rich
`May 31, 2012
`
`TRADEMARK
`Type of Mark
`SUPPLEMENTAL
`Register
`LlVE
`Live/Dead Indicator
`
` ét‘REFJ' i337
`
`Peary Dec Menace
`
`
`
`Max-rust
`
`
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`fleeiaiilaadaalteased!fifiiflfifitfifihSfiEifififihflfifilIafifiafllllfiaillreeves“iaaalafl
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`MEDICINAL MINDFULNESS
`
`Word Mark
`
`MEDICINAL MINDFULNESS
`
`Goods and
`Services
`
`IC 005. US 006 018 044 046 051 052. G & S: Nutritional and herbal supplements; natural herbal
`supplements. FIRST USE: 20131206. FIRST USE IN COMMERCE: 20131206
`
`IC 016. US 002 005 022 023 029 037 038 050. G & S: Printed educational materials in the fields of
`psychotherapy, spirituality, mindfulness, transpersonal psychology, nutrition and physical health
`programs, and management of the risks and benefits associated with prescription medications,
`herbal and nutritional supplements, illicit and recreational drugs, and traditional medicines. FIRST
`USE: 20130801. FIRST USE IN COMMERCE: 20130801
`
`IC 041. US 100 101 107. G & S: Educational Services, namely, conducting classes, seminars,
`conferences, workshops, retreats, training programs, and small group meetings concerning
`psychotherapy, spirituality, mindfulness, transpersonal psychology, nutrition and physical health
`programs, and management of the risks and benefits associated with prescription medications,
`herbal and nutritional supplements, illicit and recreational drugs, and traditional medicines, and
`distribution of training material in connection therewith; on-linejournals, namely, blogs featuring
`articles concerning psychotherapy, spirituality, mindfulness, transpersonal psychology, nutrition and
`physical health programs, and management of the risks and benefits associated with prescription
`medications, herbal and nutritional supplements, illicit and recreational drugs and traditional
`medicines. FIRST USE: 20121207, FIRST USE IN COMMERCE: 20121207
`
`IC 044. US 100 101. G & S: Psychotherapy and counseling services in the fields of psychotherapy,
`spirituality, mindfulness, transpersonal psychology, nutrition and physical health programs, and
`management of the risks and benefits associated with prescription medications, herbal and
`nutritional supplements, illicit and recreational drugs, and traditional medicines. FIRST USE:
`20121207. FIRST USE IN COMMERCE: 20121207
`
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`IC 045, US 100 101. G & S: Spiritual counseling services; providing spiritual rehabilitation services;
`providing retreats in the fields of psychotherapy, spirituality, mindfulness, transpersonal psychology,
`nutrition and physical health programs, and management of the risks and benefits associated with
`prescription medications, herbal and nutritional supplements, illicit and recreational drugs, and
`traditional medicines. FIRST USE: 20120419. FIRST USE IN COMMERCE: 20120419
`
`Standard
`Characters
`Claimed
`
`Draw'“9 (4) STANDARD CHARACTER MARK
`Serial
`Number
`
`85831198
`
`January 24, 2013
`Filing Date
`Current Basis 1A
`
`Original
`Filing Basis
`Published for
`
`Opposition
`Registration
`Number
`
`Registration
`Date
`
`Owner
`
`Attorney Of
`Record
`
`Disclaimer
`
`August 20, 2013
`
`4515933
`
`April 15, 2014
`
`(REGISTRANT) Aspenroots Counseling LLC LIMITED LIABILITY COMPANY COLORADO 565
`Mohawk Drive, Apt. A1 Boulder COLORADO 80303
`
`Natalie A. Blakeney
`
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "MEDICINAL" APART FROM THE
`MARK AS SHOWN
`
`3:33;?“ Color is not claimed as a feature of the mark.
`Type of Mark TRADEMARK, SERVICE MARK
`Register
`PRINCIPAL
`Live/Dead
`Indicator
`
`LIVE
`
`
`
`‘III
`
`assures amsmlac
`
`I [
`
`Liter Dec
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`HOME I SITE INDEXI SEARCH I eBUSINESS | HELP I PRIVACY POLICY
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