Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1025703
`12/28/2019
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91252382
`
`Party
`
`Correspondence
`Address
`
`Defendant
`Karla Vital, MD
`
`J GOODWILLE PIERRE
`THE PIERRE FIRM PLLC
`PO BOX 925101
`HOUSTON, TX 77292
`UNITED STATES
`goodwille@goodwillepierre.com, vitalwellnesstoday@gmail.com, vi-
`talallergy@gmail.com, goodwille.pierre@gmail.com
`832-224-6539
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Answer
`
`J GOODWILLE PIERRE
`
`goodwille@goodwillepierre.com, goodwille.pierre@gmail.com
`
`/J GOODWILLE PIERRE/
`
`12/28/2019
`
`Applicants Original Answer 91252382.pdf(156993 bytes )
`Exhibit 1 US Trademark Registration No 3777498.pdf(539123 bytes )
`Exhibit 2 Vital _ Definition of Vital at Dictionary.pdf(674027 bytes )
`Exhibit 3 - Certificate of Filing Vital Allery Asthma Center PA.pdf(50095 bytes )
`VitaDrip IV Therapy Website Exhibit 4.pdf(2074287 bytes )
`Exhibit 5.pdf(3388630 bytes )
`VitaDrip IV Therapy - Facebook Page Exhibit 6.pdf(2262970 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`Vitadrip IV Therapy Ventures, LLP
`Opposer
`
`v.
`
`Karla Vital, MD
`Applicant, Defendant
`
`Mark: THE VITAL DRIP
`
`§
`§
`§
`§
`§
`§
`§
`
`
`
` OPPOSITION No. 91252382
`
`APPLICANT’S ORIGINAL ANSWER
`
`
`
`
`Applicant, Karla Vital, MD, (Applicant) by and through her undersigned counsel,
`
`hereby submits this Original Answer to Opposition No. 91252382 filed by Opposer as
`
`follows:
`
`I. General Denial
`
`Applicant Generally Deny each and every claim from Opposer’s and Demands Proof of
`
`all matters asserted in the petition.
`
`
`
`
`
`II. Specific Denials
`
`1. Applicant Admits to the information contained in paragraph 1 of the petition.
`
`2. Applicant Admits to the information contained in paragraph 2 of the petition.
`
`3. Applicant Admits to the information contained in paragraph 3 of the petition.
`
`4. Applicant Admits to the information contained in paragraph 4 of the petition.
`
`5. Applicant Admits to the information contained in paragraph 5 of the petition.
`
`Page 1 of 9
`
`

`

`6. Applicant Admits to the information contained in paragraph 6 of the petition
`except that the Owners are Karla Vital, MD and Carlos Vital, MD.
`
`
`
`7. Applicant Admits to the information contained in paragraph 7 of the petition.
`
`8. Applicant Admits to the information contained in paragraph 8 of the petition.
`
`9. Applicant Admits to the information contained in paragraph 9 of the petition.
`
`10. Applicant denies the allegations set forth in paragraph 10 of the petition.
`
`11. Applicant Admits to the information contained in paragraph 11 of the petition.
`
`12. Applicant denies the allegations set forth in paragraph 12 of the petition.
`
`13. Applicant lacks the knowledge or information sufficient to form a belief as to
`
`the truth of the allegations contained in paragraph 13 of the petition.
`
`14. Applicant lacks the knowledge or information sufficient to form a belief as to
`
`the truth of the allegations contained in paragraph 14 of the petition.
`
`15. Applicant lacks the knowledge or information sufficient to form a belief as to
`
`the truth of the allegations contained in paragraph 15 of the petition.
`
`16. Applicant lacks the knowledge or information sufficient to form a belief as to
`
`the truth of the allegations contained in paragraph 16 of the petition.
`
`17. Applicant lacks the knowledge or information sufficient to form a belief as to
`
`the truth of the allegations contained in paragraph 17 of the petition.
`
`18. Applicant lacks the knowledge or information sufficient to form a belief as to
`
`the truth of the allegations contained in paragraph 18 of the petition.
`
`
`19. Applicant lacks the knowledge or information sufficient to form a belief as to
`
`the truth of the allegations contained in paragraph 19 of the petition.
`
`Page 2 of 9
`
`

`

`20. Applicant lacks the knowledge or information sufficient to form a belief as to
`
`the truth of the allegations contained in paragraph 20 of the petition.
`
`21. Applicant lacks the knowledge or information sufficient to form a belief as to
`
`the truth of the allegations contained in paragraph 21 of the petition.
`
`22. Applicant lacks the knowledge or information sufficient to form a belief as to
`
`the truth of the allegations contained in paragraph 22 of the petition.
`
`23. Applicant lacks the knowledge or information sufficient to form a belief as to
`
`the truth of the allegations contained in paragraph 23 of the petition.
`
`24. Applicant lacks the knowledge or information sufficient to form a belief as to
`
`the truth of the allegations contained in paragraph 24 of the petition.
`
`25. Applicant lacks the knowledge or information sufficient to form a belief as to
`
`the truth of the allegations contained in paragraph 25 of the petition.
`
`26. Applicant lacks the knowledge or information sufficient to form a belief as to
`
`the truth of the allegations contained in paragraph 26 of the petition.
`
`27. Applicant lacks the knowledge or information sufficient to form a belief as to
`
`the truth of the allegations contained in paragraph 27 of the petition.
`
`28. Applicant lacks the knowledge or information sufficient to form a belief as to
`
`the truth of the allegations contained in paragraph 28 of the petition.
`
`29. Applicant denies the allegations set forth in paragraph 29 of the petition.
`
`30. Applicant Admits to the information contained in paragraph 30 of the petition.
`
`31. Applicant denies the information set forth in paragraph 31 of the petition.
`
`32. Applicant Admits to the information contained in paragraph 32 of the petition.
`
`Page 3 of 9
`
`

`

`33. Applicant Admits to the portion of paragraph 33 that states that Karla Vital is
`
`the owner of Vital Health and Wellness Center. Applicant denies everything
`
`else.
`
`34. Applicant lacks the knowledge or information sufficient to form a belief as to
`
`the truth of the allegations contained in paragraph 34 of the petition.
`
`Specifically, Applicant request Opposer to clarify what is meant by “Primary
`
`Benefactor.”
`
`35. Applicant denies the allegations set forth in paragraph 35 of the petition.
`
`36. Applicant admits to the information contained in paragraph 36 of the petition
`
`37. Applicant admits to the information contained in paragraph 37 of the petition
`
`38. Applicant denies to the allegations set forth in paragraph 38 of the petition.
`
`39. Applicant admits to the information contained in paragraph 39 of the petition
`
`40. Applicant admits to the information contained in paragraph 40 of the petition
`
`41. Applicant lacks the knowledge or information sufficient to form a belief as to
`
`the truth of the allegations contained in paragraph 41 of the petition.
`
`42. Applicant lacks the knowledge or information sufficient to form a belief as to
`
`the truth of the allegations contained in paragraph 42 of the petition.
`
`43. Applicant lacks the knowledge or information sufficient to form a belief as to
`
`the truth of the allegations contained in paragraph 43 of the petition.
`
`44. Applicant lacks the knowledge or information sufficient to form a belief as to
`
`the truth of the allegations contained in paragraph 44 of the petition.
`
`45. Applicant lacks the knowledge or information sufficient to form a belief as to
`
`the truth of the allegations contained in paragraph 45 of the petition.
`
`Page 4 of 9
`
`

`

`46. Applicant lacks the knowledge or information sufficient to form a belief as to
`
`the truth of the allegations contained in paragraph 46 of the petition.
`
`47. Applicant lacks the knowledge or information sufficient to form a belief as to
`
`the truth of the allegations contained in paragraph 47 of the petition.
`
`48. Applicant denies the allegations set forth in paragraph 48 of the petition.
`
`49. Applicant denies the allegations set forth in paragraph 49 of the petition.
`
`50. Applicant denies the allegations set forth in paragraph 50 of the petition.
`
`51. Applicant denies the allegations set forth in paragraph 51 of the petition.
`
`52. Applicant denies the allegations set forth in paragraph 52 of the petition.
`
`53. Applicant denies the allegations set forth in paragraph 53 of the petition.
`
`54. Applicant denies the allegations set forth in paragraph 54 of the petition
`
`
`
`III. Affirmative Defenses
`
`
`
`A. First Affirmative Defense
`
`Application Serial No 88/366503 is owned by Karla Vital, MD and VITAL ALLERGY
`
`AND ASTMA CENTER, PA. The owner of VITAL ALLERGY AND ASTHMA
`
`CENTER, PA is Carlos Vital, MD. (See Exhibit 3) Carlos Vital, MD is the spouse of
`
`Applicant, Karla Vital, MD. VITAL ALLERGY AND ASTMA CENTER, PA is the
`
`owner US Trademark No. 3,777,498 for VITAL ALLERGY & ASTHMA CENTER. (See
`
`Exhibit 1) Owner and Applicant assert the Affirmative Defense of Prior Registrations or
`
`“Morehouse defense.” The Morehouse defense is an equitable defense, to the effect that
`
`if the opposer cannot be further injured because there already exists an injurious
`
`Page 5 of 9
`
`

`

`registration, the opposer cannot object to an additional registration that does not add to the
`
`injury. In Morehouse Mfg. Corp. v. J. Strickland & Co., 407 F.2d 881, 160 USPQ 715
`
`(C.C.P.A.1969). The Prior Registration was registered on the primary register of the United
`
`States Patent and Trademark Office on April 20, 2010 and was made Incontestable on or
`
`around January 12, 2016 by filing Sections 8 and 15 combined declaration on April 2,
`
`2016. VITAL ALLERGY AND ASTHMA CENTER, PA AND KARLA VITAL, MD,
`
`share the same office space and has worked together for over 10 years.
`
`
`
`B. Second Affirmative Defense
`
`Opposer’s Notice of Opposition fails to state a claim upon which relief can be granted,
`
`and in particular, fails to state any legally sufficient grounds for sustaining the opposition.
`
`
`
`C. Third Affirmative Defense
`
`Applicant’s mark, when used on Applicant’s goods, is not likely to cause confusion, or to
`
`cause mistake, or to deceive as to the affiliation, connection, or association of Applicant
`
`with Opposer, or as to the origin, sponsorship or approval of Applicant’s goods by Opposer.
`
`
`
`D. Fourth Affirmative Defense
`
`Applicant’s mark does not sound the same as Opposer’s mark. Applicant’s mark “The
`
`Vital Drip”, when spoken fast sounds like “The Vidal Drip” versus Opposer’s mark,
`
`“Vitadrip” when spoken fast sounds like “veetadrip” with the word sounds in Opposer’s
`
`mark smashed together in a sweeping utterance. Compared to Applicant’s mark where it
`
`would take three separate utterances “The”… “Vital”… “Drip” to say, the marks do not
`
`sound the same.
`
`Page 6 of 9
`
`

`

`
`
`
`
`
`
`E. Fifth Affirmative Defense
`
`The word “Vital” in Applicant’s mark, “The Vital Drip” is not “merely a surname.” The
`
`word “Vital” means “Necessary to life” as noted in Exhibit 2, the Dictionary.com web
`
`printout. There is no possessive indicator (i.e. an apostrophe “s”) used to indicate
`
`ownership in anyway.
`
`
`
`F. Sixth Affirmative Defense
`
`Opposer’s claims and allegations are barred by the doctrine of unclean hands. The equitable
`
`doctrine of unclean hands prevents a plaintiff or opposer from relying on its pleaded
`
`registration if it made a false statement during the prosecution of its application for
`
`registration or maintenance of its registration. See Duffy-Mott Co., Inc. v. Cumberland
`
`Packing Co., 424 F.2d 1095, 165 USPQ 422, 425 (CCPA 1970). See also Hornblower &
`
`Weeks Inc. v. Hornblower & Weeks Inc., 60 USPQ2d 1733, 1738 (TTAB 2001) (where
`
`the conduct alleged to have resulted in unclean hands relates to a plaintiff's acquisition, or
`
`attempt to acquire, a registration, the unclean hands defense goes only to the plaintiff's
`
`ability to rely on its registration, not to its common law rights); Phonak Holding AG v.
`
`ReSound GmbH, 56 USPQ2d 1057, 1059 (TTAB 2000) (a proper pleading of unclean
`
`hands in this case must include an allegation that opposer's predecessor made specific
`
`misrepresentations of fact which caused the examining attorney to allow publication of
`
`Page 7 of 9
`
`

`

`opposer's mark); Lever Brothers Company v. Shaklee Corporation, 214 USPQ 654, 659-
`
`660 (TTAB 1982).
`
`In this current case, Opposer, filed his Statement of Use on November 16, 2019 and
`
`submitted a specimen showing his mark as “Vitadrip” and swore that this mark was used
`
`in commerce “9/01/2018” (See Exhibit 5, Opposer file stamped Statement of Use.” Upon
`
`information and belief, Applicant downloaded Opposers Website on November 22, 2019
`
`that shows a different mark, “VITADRIP IV” in use. (See Exhibit 4, Opposer’s website)
`
`Exhibit 4 also shows Opposers mark on his truck and it shows “VITADRIP IV.” Opposer’s
`
`Facebook Social Media page also shows Opposer’s use of the mark “Vitadrip IV” and not
`
`what the specimen in his Statement of Use shows. (See Exhibit 6) Opposer made specific
`
`misrepresentations of fact which caused the examining attorney to allow publication of
`
`opposer's mark and therefore, equity and precedents dictates that Opposer should not be
`
`allowed to prevail because of Opposer’s inequitable conduct.
`
`
`
`G. Seventh Affirmative Defense
`
`Opposer is relying on a trademark application that has not be assigned a registration
`
`number as of the date of Opposer’s Opposition.
`
`
`
`Conclusion
`
`In view of the foregoing, Applicant maintains (along with the Examiner who reviewed the
`
`subject application) that no confusion is likely and thus that this opposition is groundless
`
`and baseless in fact; that Opposer has not shown wherein it will be, or is likely to be,
`
`damaged by the registration of Applicant's trademark; and in view of Applicant’s
`
`Page 8 of 9
`
`

`

`Affirmative Defenses, Opposer should not be allowed to prevails and Applicant prays that
`
`this Opposition be dismiss/sed and that Applicant, be granted registration of its trademark
`
`shown in Application No. 88/366503
`
`
`
`Respectfully submitted
`
`
`
`
` __/s/ J. Goodwille Pierre___
` J. Goodwille Pierre
`SBOT: 240-01-608
`PO Box 925101
`Houston, TX 77292
`(832) 224-6539
`(866) 235-9632 Fax
`goodwille@goodwillepierre.com
`Attorney for Applicant
`
`
`Certificate of Service
`
`
`Applicant Certifies that a true and Correct Copy of the foregoing document titled
`
`“APPLICANT’S ORIGINAL ANSWER” was sent to Opposer through its counsel of
`
`record on December 28, 2019 via USPS Priority Mail #9405503699300215932881_to
`
`Nathan Brown, Brown Patent Law, 15100 N 78th Way, Suite 203, Scottsdale, AZ 85260.
`
`
`
`
`__/s/ J. Goodwille Pierre___
`J. Goodwille Pierre
`December 28, 2019
`
`Page 9 of 9
`
`

`

`Generated on: This page was generated by TSDR on 2019-12-26 17:28:37 EST
`
`Mark: VITAL ALLERGY & ASTHMA CENTER
`
`EXHIBIT 1
`
`US Serial Number: 77818030
`
`US Registration
`Number:
`
`3777498
`
`Filed as TEAS
`Plus:
`
`Yes
`
`Register: Principal
`
`Mark Type: Service Mark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`Sep. 01, 2009
`
`Registration Date: Apr. 20, 2010
`
`Currently TEAS
`Plus:
`
`Yes
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Office.
`
`Status: A Sections 8 and 15 combined declaration has been accepted and acknowledged.
`
`Status Date: Jun. 11, 2016
`
`Publication Date: Feb. 02, 2010
`
`Mark Information
`
`VITAL ALLERGY & ASTHMA CENTER
`
`Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`
`4 - STANDARD CHARACTER MARK
`
`Mark Literal
`Elements:
`
`Standard Character
`Claim:
`
`Mark Drawing
`Type:
`
`Disclaimer: "ALLERGY & ASTHMA CENTER"
`
`Goods and Services
`
`Note:
`The following symbols indicate that the registrant/owner has amended the goods/services:
`Brackets [..] indicate deleted goods/services;
`Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`Asterisks *..* identify additional (new) wording in the goods/services.
`
`For: Medical services
`
`International
`Class(es):
`
`044 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`First Use: Jul. 2008
`
`Filed Use: Yes
`
`Filed ITU: No
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`Filed No Basis: No
`
`U.S Class(es): 100, 101
`
`Use in Commerce: Apr. 2009
`
`Basis Information (Case Level)
`
`Currently Use: Yes
`
`Currently ITU: No
`
`Currently 44E: No
`
`Currently 66A: No
`
`Currently No Basis: No
`
`Current Owner(s) Information
`
`

`

`Owner Name: Carlos J. Vital MD, PA
`
`Composed of: Carlos J. Vital MD
`
`Owner Address: 1213 Herman Dr. Suite 480
`Park Plaza Professional Building
`Houston, TEXAS UNITED STATES 77004
`
`Legal Entity Type: PROFESSIONAL ASSOCIATION
`
`State or Country
`Where Organized:
`
`TEXAS
`
`Attorney/Correspondence Information
`
`Attorney Name: J. GOODWILLE PIERRE
`
`Attorney Primary
`Email Address:
`
`goodwille.pierre@gmail.com
`
`Attorney of Record
`
`Attorney Email
`Authorized:
`
`Yes
`
`Correspondent
`
`Correspondent
`Name/Address:
`
`J. GOODWILLE PIERRE
`THE PIERRE LAW FIRM
`PO BOX 925101
`HOUSTON, TEXAS UNITED STATES 77292-5101
`
`Phone: 8322246539
`
`Fax: 8662359632
`
`Correspondent e-
`mail:
`
`goodwille.pierre@gmail.com goodwille@goodwille
`pierre.com
`
`Correspondent e-
`mail Authorized:
`
`Yes
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`Apr. 20, 2019
`
`COURTESY REMINDER - SEC. 8 (10-YR)/SEC. 9 E-MAILED
`
`Jun. 12, 2016
`
`NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED
`
`Jun. 11, 2016
`
`REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK.
`
`Jun. 11, 2016
`
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`
`Apr. 02, 2016
`
`TEAS SECTION 8 & 15 RECEIVED
`
`Apr. 20, 2015
`
`COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED
`
`Mar. 01, 2014
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Mar. 01, 2014
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Apr. 20, 2010
`
`REGISTERED-PRINCIPAL REGISTER
`
`Feb. 02, 2010
`
`OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
`
`Feb. 02, 2010
`
`PUBLISHED FOR OPPOSITION
`
`Dec. 31, 2009
`
`LAW OFFICE PUBLICATION REVIEW COMPLETED
`
`Dec. 31, 2009
`
`ASSIGNED TO LIE
`
`Dec. 11, 2009
`
`APPROVED FOR PUB - PRINCIPAL REGISTER
`
`Dec. 11, 2009
`
`EXAMINER'S AMENDMENT ENTERED
`
`Dec. 11, 2009
`
`EXAMINER'S AMENDMENT ENTERED
`
`Dec. 11, 2009
`
`NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED
`
`Dec. 11, 2009
`
`EXAMINERS AMENDMENT E-MAILED
`
`Dec. 11, 2009
`
`EXAMINERS AMENDMENT -WRITTEN
`
`Dec. 04, 2009
`
`ASSIGNED TO EXAMINER
`
`Sep. 09, 2009
`
`NOTICE OF PSEUDO MARK MAILED
`
`Sep. 08, 2009
`
`NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
`
`Sep. 04, 2009
`
`NEW APPLICATION ENTERED IN TRAM
`TM Staff and Location Information
`
`Current Location: TMEG LAW OFFICE 105
`
`Date in Location: Jun. 11, 2016
`
`TM Staff Information - None
`
`File Location
`
`Proceeding
`Number
`
`76533
`
`76533
`
`76243
`
`76243
`
`88888
`
`88888
`
`6328
`
`6328
`
`72150
`
`72150
`
`

`

`$1“an étatw of Elmer,
`mutter: étatea' iBatent anti flirahemark @ffine
`It}?
`
`Vital Allergy & Asthma
`Center
`
`
`CARLOS J. VITAL MD. PA (TEXAS PROFESSIONAL ASSOCIATION)
`Reg. No, 3,777,498
`
`1213 HERMAN DR. SUITE 480
`.
`Reglstered Apr. 20, 2010 PARK PLAZA PROFESSIONAL BUILDING
`‘
`HOUSTON, TX 77004
`
`lnt. CL: 44
`
`
`
`FOR: MEDICAI S ‘RVIC ‘S, 1N CI ASS 44 (US. CLS. 100 AND 101).
`
`
`FIRST USE 7-0-2008; IN COMMERCE 4—0—2009.
`
`SERVICE MARK
`
`PRINCIPAL REGISTER
`
`
`
`Director Ufme United SIaIeS l’ulem and Trademark Office
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR-
`TICUIAR FONT. STYI E SIZE, OR COLO 2.
`
`NO CEAIM IS MADE TO THE EXCLUSIVE RIGHT TO US: LU "ALLERGY & ASTHMA CEN-
`
`
`TER", APART FROM THE MARK AS SHOWN.
`
`
`
`
`
`
`SER. NO. 77-818,030, FILED 9-1-2009.
`
`CHARLES L. JENKINS, EXAMINING ATTORNEY
`
`

`

`12/26/2019
`
`
`
`Dictionary.com
`
`Thesaurus.com
`
`Vital | Definition of Vital at Dictionary.com
`
`DEFINITIONS 
`
`vital
`
`
`
`EXHIBIT 2
`
`TOP DEFINITIONS
`
`RELATED CONTENT
`
`EXAMPLES
`
`EXPLORE DICTIONARY
`
`BRITISH
`
`MEDICAL
`
`vital [ vahyt-l ] SHOW IPA
`
`
`
`SEE SYNONYMS FOR vital ON THESAURUS.COM
`
`1
`
`2
`
`3
`
`4
`
`5
`
`adjective
`of or relating to life:
`vital processes.
`having remarkable energy, liveliness, or force of personality:
`a vital leader.
`being the seat or source of life:
`the vital organs.
`necessary to life:
`vital fluids.
`necessary to the existence, continuance, or well-being of something; indispensable;
`essential:
`vital for a healthy society.
`affecting the existence, well-being, truth, etc., of something:
`a vital error.
`of critical importance:
`vital decisions.
`destructive to life; deadly:
`a vital wound.
`
`6
`
`7
`
`8
`
`https://www.dictionary.com/browse/vital
`
`
`
`The
`2019
`WORD
`OF THE
`YEAR is...
`
`1/7
`
`

`

`12/26/2019
`
`Vital | Definition of Vital at Dictionary.com
`
`
`
`SEE LESS
`
`Dictionary.com
`
`Thesaurus.com
`
`DEFINITIONS 
`
`vital
`
`WORDS RELATED TO VITAL
`
`
`
`necessary, key, integral, needed, fundamental, indispensable, crucial, urgent, important, imperative,
`critical, significant, basic, decisive, meaningful, vibrant, vigorous, energetic, dynamic, cardinal
`
`WORDS NEARBY VITAL
`visuosensory, visuospatial, visé, vita, vitaceous, vital, vital capacity, vital force, vital function, vital index,
`vital pulp
`
`ORIGIN OF VITAL
`1350–1400; Middle English < Latin vītālis, equivalent to vīt(a) life (derivative of vīvere to live; akin to Greek
`bíesthai, Sanskrit jīvati (he) lives, English quick) + -ālis -al1
`
`SYNONYMS FOR VITAL
`important, critical.
`5
`SEE SYNONYMS FOR vital ON THESAURUS.COM
`
`OTHER WORDS FROM VITAL
`vi·tal·ly, adverb
`vi·tal·ness, noun
`non·vi·tal, adjective
`non·vi·tal·ly, adverb
`
`SEE MORE RELATED FORMS
`
`
`DEFINITION FOR VITAL (2 OF 2)
`
`vitals [ vahyt-lz ] SHOW IPA
`
`https://www.dictionary.com/browse/vital
`
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`Vital | Definition of Vital at Dictionary.com
`
`
`
`Dictionary.com
`
`Thesaurus.com
`
`plural noun
`vital
`DEFINITIONS 
`
`those bodily organs that are essential to life, as the brain, heart, liver, lungs, and
`1
`stomach.
`the essential parts of something:
`the vitals of a democracy.
`
`2
`
`ORIGIN OF VITALS
`1600–10; translation of Latin vītālia; see vital
`
`DICTIONARY.COM UNABRIDGED
`BASED ON THE RANDOM HOUSE UNABRIDGED DICTIONARY, © RANDOM HOUSE, INC. 2019
`
`EXAMPLES FROM THE WEB FOR VITAL
`
`His ups and downs professionally outside of the World Cup are a vital a part of his story in the book.
`TIM HOWARD’S WALL OF INTENSITY | WILLIAM O’CONNOR | DECEMBER 22, 2014 | DAILY BEAST
`
`Vital Voices in 2013 took over funds from the Women In The World foundation which originated at The Daily
`Beast.
`JOE BIDEN: ‘I’LL KILL YOUR SON’ | OLIVIA NUZZI | DECEMBER 12, 2014 | DAILY BEAST
`
`“The influence of the oak maturation casks on the final character of The Macallan is vital,” says MacPherson.
`HOW MUCH DO WHISKY CASKS REALLY AFFECT TASTE? |
`| DECEMBER 10, 2014 | DAILY BEAST
`
`This argument is vital to a larger argument: Do we obey the rules set up to constrain government or not?
`OBAMA’S ISIS WAR IS ILLEGAL | SEN. RAND PAUL | NOVEMBER 10, 2014 | DAILY BEAST
`
`SEE MORE EXAMPLES
`
`
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`
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`The
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`Vital | Definition of Vital at Dictionary.com
`
`vital
`DEFINITIONS 
`BRITISH DICTIONARY DEFINITIONS FOR VITAL
`
`
`
`vital / (ˈvaɪtəl) /
`
`adjective
`essential to maintain life: the lungs perform a vital function
`forceful, energetic, or lively: a vital person
`of, relating to, having, or displaying life: a vital organism
`indispensable or essential: books vital to this study
`
`1 2 3 4
`
`SEE MORE
`
`noun
`
`7
`
`8
`
`(plural)
`the bodily organs, such as the brain, liver, heart, lungs, etc, that are necessary to
`a
`maintain life
`the organs of reproduction, esp the male genitals
`(plural) the essential elements of anything
`
`b
`
`DERIVED FORMS OF VITAL
`vitally, adverb
`
`WORD ORIGIN FOR VITAL
`C14: via Old French from Latin vītālis belonging to life, from vīta life
`
`COLLINS ENGLISH DICTIONARY - COMPLETE & UNABRIDGED 2012 DIGITAL EDITION
`© WILLIAM COLLINS SONS & CO. LTD. 1979, 1986 © HARPERCOLLINS
`PUBLISHERS 1998, 2000, 2003, 2005, 2006, 2007, 2009, 2012
`
`MEDICAL DEFINITIONS FOR VITAL (1 OF 2)
`
`https://www.dictionary.com/browse/vital
`
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`Dictionary.com
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`Vital | Definition of Vital at Dictionary.com
`
`vital [ vīt′l ]
`
`DEFINITIONS 
`
`vital
`
`
`
`adj.
`
`Of, relating to, or characteristic of life.
`Necessary to the continuation of life.
`Used or done on a living cell or tissue, as in staining.
`Destructive to life; fatal, as of an injury.
`
`MEDICAL DEFINITIONS FOR VITAL (2 OF 2)
`
`vitals [ vīt′lz ]
`
`pl.n.
`
`The vital body organs.
`The parts that are essential to continued functioning, as of a system.
`
`THE AMERICAN HERITAGE® STEDMAN'S MEDICAL DICTIONARY
`COPYRIGHT © 2002, 2001, 1995 BY HOUGHTON MIFFLIN COMPANY. PUBLISHED BY HOUGHTON MIFFLIN COMPANY.
`
`OTHERS ARE READING
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`Dictionary.com’s Word Of The Year
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`Vital | Definition of Vital at Dictionary.com
`
`DEFINITIONS 
`
`vital
`
`
`
`Case Logic®
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`WORD OF THE DAY
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`ephemeral
`adjective | [ih-fem-er-uhl]
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`Vital | Definition of Vital at Dictionary.com
`
`DEFINITIONS 
`
`vital
`
`
`
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`Corporations Section
`P.O.Box 13697
`
`Austin, Texas 78711-3697
`
`
`
`David Whitley
`Secretary of State
`
`EXHIBIT 3
`EXHIBIT 3
`
`Office of the Secretary of State
`
`CERTIFICATE OF FILING
`
`OF
`
`Vital Allergy & Asthma Center, PA
`800904268
`
`[formerly: Carlos J. Vital, M.D., PA]
`
`The undersigned, as Secretary of State of Texas, hereby certifies that a Certificate of Amendment for the
`above named entity has been received in this office and has been found to conform to the applicable
`provisions of law.
`
`ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested in the
`secretary by law, hereby issues this certificate evidencing filing effective on the date shown below.
`
`Dated: 03/10/2019
`
`Effective: 03/10/2019
`
`Secretary of State
`
`MW“
`
`David Whitley
`
`Phone: (512) 463-5555
`Prepared by: Stacey Ybarra
`
`Come visit us on the internet at http://wwwsos. state. 1x. us/
`Fax: (512) 463-5709
`TID: 10303
`
`Dial: 7-1-1 for Relay Services
`Document: 873235130002
`
`

`

`11/22/2019
`
`IV Therapy | United States | VitaDrip IV Therapy
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`WE MAKE HOUSE CALLS
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`Life Enhancing Infused IV Therapy
`
`It's all about life. Vita means
`life in Latin. VitaDrip is
`committed to helping you
`achieve health and balance in
`yours.
`
`EXHIBIT 4
`
`Click to order a gift card
`
`0
`
` ONLY NURSES, NURSE
`PRACTITIONERS, OR DOCTORS
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`Don't forget to click the navigation button
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`We Have A Drip For That!
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`Our IVs are drenched with essential life enhancing
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`(cid:180)ood your cells with the necessary nutrients
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`
`Our IVs Contain Formulas That:
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`Promote Muscle Growth
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`Boost Immunity
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`
`IV Therapy | United States | VitaDrip IV Therapy
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`CONTACT US
`Texas
`VitaDrip@yahoo.com
`Robin, CEO (281) 635-0994
`Tina  - Hill Country (830) 237-5171
`Angela - Dallas/Ft. Worth (903) 948-4880
`Raegan - NE Houston (281) 623-3793
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`Bethany - NW Austin (817) 966-6767 
`Ashley - SW Dallas (972) 921-0198
`Laura - Spring (281) 813-4196
`Michael - Hill Country (830) 515-9964
`Amira - San Antonio (210) 996-1207
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`Robin Dees, CEO, BSN, RN
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`P R O U D S U P P O R T E R  
`O F
`
`ANY STATEMENTS REGARDING PRODUCTS HAVE NOT BEEN
`EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. OUR
`FORMULATIONS ARE DIETARY SUPPLEMENTS AND ARE NOT
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`

`Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PTO Form 1553 (Rev 09/2005)
`
`OMB No. 0651-0054 (Exp 12/31/2020)
`
`Trademark/Service Mark Statement of Use
`(15 U.S.C. Section 1051(d))
`
`EXHIBIT 5
`
`The table below presents the data as entered.
`
`Input Field
`
`Entered
`
`SERIAL NUMBER
`
`88109766
`
`LAW OFFICE ASSIGNED
`
`LAW OFFICE 109
`
`EXTENSION OF USE
`
`NO
`
`MARK SECTION
`
`MARK
`
`https://tmng-al.uspto.gov/resting2/api/img/88109766/large
`
`LITERAL ELEMENT
`
`VITADRIP
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`YES
`
`YES
`
`MARK STATEMENT
`
`OWNER SECTION
`
`NAME
`
`STREET
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`CITY
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`STATE
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`ZIP/POSTAL CODE
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`COUNTRY
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`The mark consists of standard characters, without claim to any particular font style,
`size or color.
`
`Vitadrip IV Therapy Ventures, LLP
`
`13622 Country Time Cir
`
`Tomball
`
`Texas
`
`77375
`
`United States
`
`ATTORNEY SECTION (current)
`
`NAME
`
`Nathan Brown
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`ATTORNEY BAR MEMBERSHIP NUMBER
`
`NOT SPECIFIED
`
`YEAR OF ADMISSION
`
`NOT SPECIFIED
`
`U.S. STATE/ COMMONWEALTH/
`TERRITORY
`
`NOT SPECIFIED
`
`FIRM NAME
`
`STREET
`
`CITY
`
`STATE
`
`POSTAL CODE
`
`COUNTRY
`
`PHONE
`
`EMAIL
`
`BROWN PATENT LAW
`
`15100 N 78th Way Suite 203
`
`SCOTTSDALE
`
`Arizona
`
`85260
`
`United States
`
`602-529-3474
`
`office@brownpatentlaw.com
`
`

`

`AUTHORIZED TO COMMUNICATE VIA
`EMAIL
`
`Yes
`
`DOCKET/REFERENCE NUMBER
`
`2018VD0908
`
`ATTORNEY SECTION (proposed)
`
`NAME
`
`Nathan Brown
`
`ATTORNEY BAR MEMBERSHIP NUMBER XXX
`
`YEAR OF ADMISSION
`
`U.S. STATE/ COMMONWEALTH/
`TERRITORY
`
`XXXX
`
`XX
`
`FIRM NAME
`
`STREET
`
`CITY
`
`STATE
`
`POSTAL CODE
`
`COUNTRY
`
`PHONE
`
`EMAIL
`
`BROWN PATENT LAW
`
`15100 N 78th Way Suite 203
`
`SCOTTSDALE
`
`Arizona
`
`85260
`
`United States
`
`602-529-3474
`
`office@brownpatentlaw.com
`
`AUTHORIZED TO COMMUNICATE VIA
`EMAIL
`
`Yes
`
`DOCKET/REFERENCE NUMBER
`
`2018VD0908
`
`CORRESPONDENCE SECTION (current)
`
`NAME
`
`FIRM NAME
`
`STREET
`
`CITY
`
`STATE
`
`POSTAL CODE
`
`COUNTRY
`
`PHONE
`
`EMAIL
`
`NATHAN BROWN
`
`BROWN PATENT LAW
`
`15100 N 78th Way Suite 203
`
`SCOTTSDALE
`
`Arizona
`
`85260
`
`United States
`
`602-529-3474
`
`office@brownpatentlaw.com
`
`AUTHORIZED TO COMMUNICATE VIA
`EMAIL
`
`Yes
`
`DOCKET/REFERENCE NUMBER
`
`2018VD0908
`
`CORRESPONDENCE SECTION (proposed)
`
`NAME
`
`FIRM NAME
`
`STREET
`
`CITY
`
`STATE
`
`POSTAL CODE
`
`NATHAN BROWN
`
`BROWN PATENT LAW
`
`15100 N 78th Way Suite 203
`
`SCOTTSDALE
`
`Arizona
`
`85260
`
`

`

`COUNTRY
`
`PHONE
`
`EMAIL
`
`United States
`
`602-529-3474
`
`Nathan.Brown@brownpatentlaw.com
`
`AUTHORIZED TO COMMUNICATE VIA
`EMAIL
`
`Yes
`
`DOCKET/REFERENCE NUMBER
`
`2018VD0908
`
`GOODS AND/OR SERVICES SECTION
`
`INTERNATIONAL CLASS
`
`005
`
`CURRENT IDENTIFICATION
`
`Amino acids for medical purposes; Intravenous fluids used for rehydration, nutrition
`and the delivery of pharmaceutical preparations; Liquid protein supplements; Liquid
`vitamin supplements; Nutritional supplement for eliminating toxins from the body;
`Nutritional supplement for eliminating toxins from the intestinal tract; Nutritional
`supplements; Nutritional supplements for intravenous therapy; Nutritional
`supplements in the form of liquid saline solution; Nutritional su