Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1047638
`04/07/2020
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`
`Opposer Information
`
`Name
`
`New England Greens, LLC
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`04/08/2020
`
`1 WATERVIEW DRIVE, SUITE 103
`SHELTON, CT 06484
`UNITED STATES
`
`ELLEN S. SIMPSON
`SIMPSON & SIMPSON PLLC
`5555 MAIN STREET SUITE 2
`WILLIAMSVILLE, NY 14221
`UNITED STATES
`trademarkefs@idealawyers.com, esimpson@Idealawyers.com, as-
`impson@idealawyers.com
`7166261564
`
`Applicant Information
`
`Application No
`
`88549501
`
`Publication date
`
`12/10/2019
`
`Opposition Filing
`Date
`
`Applicant
`
`04/07/2020
`
`Opposition Peri-
`od Ends
`
`04/08/2020
`
`Vymedic
`1028 Heslerton Road, RD 13
`Rakaia, 7783
`NEW ZEALAND
`
`Goods/Services Affected by Opposition
`
`Class 005. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Nutritional supplements for immune health
`and immune support; Nutritional supplements; immune factor preparations intended to enhance and
`stimulate the immune system
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`2535149
`
`Application Date
`
`07/31/1997
`
`Registration Date
`
`02/05/2002
`
`Foreign Priority
`
`NONE
`
`

`

`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`Date
`
`VIBRANT HEALTH
`
`NONE
`
`Class 005. First use: First Use: 1995/06/30 First Use In Commerce: 1995/06/30
`dietary food supplements
`
`U.S. Registration
`No.
`
`3667465
`
`Registration Date
`
`08/11/2009
`
`Word Mark
`
`Design Mark
`
`VIBRANT CLEANSE
`
`Application Date
`
`04/04/2008
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 005. First use: First Use: 2008/01/08 First Use In Commerce: 2008/01/08
`Nutritional supplements
`
`U.S. Registration
`No.
`
`5120610
`
`Registration Date
`
`01/10/2017
`
`Word Mark
`
`Design Mark
`
`VIBRANT FLORA
`
`Application Date
`
`10/01/2015
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 005. First use: First Use: 2016/04/29 First Use In Commerce: 2016/04/29
`Nutritional and dietary supplements to restore and improve digestive flora
`
`U.S. Registration
`No.
`
`1992414
`
`Registration Date
`
`08/13/1996
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`GREEN VIBRANCE
`
`NONE
`
`Application Date
`
`08/17/1994
`
`Foreign Priority
`Date
`
`NONE
`
`Goods/Services
`
`Class 005. First use: First Use: 1992/12/00 First Use In Commerce: 1992/12/00
`
`

`

`powdered nutritional beverage for use as a dietary supplement
`
`U.S. Registration
`No.
`
`3672122
`
`Registration Date
`
`08/25/2009
`
`Word Mark
`
`Design Mark
`
`GREEN VIBRANCE
`
`Application Date
`
`11/26/2008
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 005. First use: First Use: 2008/01/01 First Use In Commerce: 2008/01/01
`Nutritional energy bars for use as a meal substitute and meal replacement
`bars;nutritional supplements in powder and capsule form
`
`U.S. Registration
`No.
`
`2542861
`
`Registration Date
`
`02/26/2002
`
`Word Mark
`
`Design Mark
`
`JOINT VIBRANCE
`
`Application Date
`
`03/15/2001
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 005. First use: First Use: 1997/03/00 First Use In Commerce: 1997/03/00
`Dietary food supplements
`
`U.S. Registration
`No.
`
`4299199
`
`Registration Date
`
`03/05/2013
`
`Word Mark
`
`MAXIMUM VIBRANCE
`
`Application Date
`
`01/20/2012
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 005. First use: First Use: 2012/11/30 First Use In Commerce: 2012/11/30
`Nutritional supplements
`
`U.S. Registration
`No.
`
`4869838
`
`Registration Date
`
`12/15/2015
`
`Word Mark
`
`Design Mark
`
`VIBRANCE
`
`Application Date
`
`03/24/2015
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 005. First use: First Use: 2014/11/15 First Use In Commerce: 2014/11/15
`Nutritional supplements
`
`U.S. Application/ Registra-
`tion No.
`
`Registration Date
`
`Word Mark
`
`Goods/Services
`
`NONE
`
`NONE
`
`Application Date
`
`NONE
`
`VIBRANT HEALTH IMMUNE DEFENSE
`
`Nutritional supplements; Nutritional supplements for immune health
`and immune support.
`
`Attachments
`
`77440085#TMSN.png( bytes )
`86775620#TMSN.png( bytes )
`77622355#TMSN.png( bytes )
`76225234#TMSN.png( bytes )
`85521781#TMSN.png( bytes )
`86575205#TMSN.png( bytes )
`VIBO145US_Notice of Opposition.pdf(167680 bytes )
`Exhibit 1.pdf(142304 bytes )
`
`

`

`Exhibit 2.pdf(102660 bytes )
`Exhibit 3.pdf(154750 bytes )
`Exhibit 4.pdf(137044 bytes )
`Exhibit 5.pdf(125193 bytes )
`Exhibit 6.pdf(122510 bytes )
`Exhibit 7.pdf(131768 bytes )
`Exhibit 8.pdf(134657 bytes )
`
`Signature
`
`/Ellen S. Simpson/
`
`Name
`
`Date
`
`ELLEN S. SIMPSON
`
`04/07/2020
`
`

`

`
`
`ATTORNEY DOCKET NO.: VIBO145US
`
`IN THE UNITED STATES PATENT & TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the Matter of U.S. Trademark Application Serial No. 88/549,501
`Published in the Official Gazette on December 10, 2019
`
`New England Greens, LLC
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`v.
`
`
`
`
`
`Vymedic, LLC
`
`
`
`
`
`
`
`
`
`
`Opposition No. _______________
`
`
`
`)
`
`
`)
`
`
`)
`Opposer,
`)
`
`
`)
`
`
`)
`
`
`)
`
`
`)
`
`
`)
`
`
`)
`Applicant.
`___________________________________ )
`
`
`
`
`
`
`
`
`
`NOTICE OF OPPOSITION
`
` New England Greens, LLC (“Opposer”), a limited liability company formed in the State
`
`
`
`of Connecticut, having a principal place of business at 1 Waterview Drive, Shelton, Connecticut
`
`06484, believes that it will be damaged by registration of the mark PATENTED FORMULA
`
`SUPPORTS VIBRANT IMMUNE HEALTH shown in U.S. Trademark Application Serial No.
`
`88/549,501 filed by Vymedic, LLC (“Applicant”) and hereby opposes the same.
`
`As grounds for opposition, Opposer states as follows:
`
`1.
`
`Opposer, New England Greens, LLC, d/b/a VIBRANT HEALTH, formed in the
`
`State of Connecticut with a principal place of business in Connecticut, is a leading company in the
`
`field of dietary and nutritional supplements.
`
`2.
`
`Upon information and belief, Applicant sells, distributes, or intends to sell and
`
`distribute nutritional supplements.
`
`3.
`
`Since at least as early as June 30, 1995, long prior to the filing date of the
`
`application opposed herein, Opposer has been using, and continues to use, the trademark
`
`

`

`VIBRANT HEALTH in interstate commerce in connection with nutritional and dietary food
`
`supplements. The trademark VIBRANT HEALTH has become identified with Opposer and its
`
`goods and is well known in connection with Opposer’s goods.
`
`4.
`
`Since at least as early as January 8, 2008, long prior to the filing date of the
`
`application opposed herein, Opposer has been using, and continues to use, the trademark
`
`VIBRANT CLEANSE in interstate commerce in connection with nutritional supplements. The
`
`trademark VIBRANT CLEANSE has become identified with Opposer and its goods and is well
`
`known in connection with Opposer’s goods.
`
`5.
`
`Since at least as early as April 29, 2016, long prior to the filing date of the
`
`application opposed herein, Opposer has been using, and continues to use, the trademark
`
`VIBRANT FLORA in interstate commerce in connection with nutritional and dietary supplements
`
`to restore and improve digestive flora. The trademark VIBRANT FLORA has become identified
`
`with Opposer and its goods and is well known in connection with Opposer’s goods.
`
`
`
`6.
`
`Since at least as early as December 1, 1992, long prior to the filing date of the
`
`application opposed herein, Opposer has been using, and continues to use, the trademark GREEN
`
`VIBRANCE in interstate commerce in connection with powdered nutritional beverages for use as
`
`a dietary supplement. The trademark GREEN VIBRANCE has become identified with Opposer
`
`and its goods and is well known in connection with Opposer’s goods.
`
`7.
`
`Since at least as early as January 1, 2008, long prior to the filing date of the
`
`application opposed herein, Opposer has been using, and continues to use, the trademark GREEN
`
`VIBRANCE in interstate commerce in connection with nutritional energy bars for use as a meal
`
`substitute and meal replacements bars and nutritional supplements in power and capsule form. The
`
`
`
`2
`
`

`

`trademark GREEN VIBRANCE has become identified with Opposer and its goods and is well
`
`known in connection with Opposer’s goods.
`
`8.
`
`Since at least as early as March 1, 1997, long prior to the filing date of the
`
`application opposed herein, Opposer has been using, and continues to use, the trademark JOINT
`
`VIBRANCE in interstate commerce in connection with dietary food supplements. The trademark
`
`JOINT VIBRANCE has become identified with Opposer and its goods and is well known in
`
`connection with Opposer’s goods.
`
`9.
`
`Since at least as early as November 30, 2012, long prior to the filing date of the
`
`application opposed herein, Opposer has been using, and continues to use, the trademark
`
`MAXIMUM VIBRANCE in interstate commerce in connection with dietary food supplements.
`
`The trademark MAXIMUM VIBRANCE has become identified with Opposer and its goods and
`
`is well known in connection with Opposer’s goods.
`
`10.
`
`Since at least as early as November 15, 2014, long prior to the filing date of the
`
`application opposed herein, Opposer has been using, and continues to use, the trademark
`
`VIBRANCE in interstate commerce in connection with nutritional and dietary supplements. The
`
`trademark VIBRANCE has become identified with Opposer and its goods and is well known in
`
`connection with Opposer’s goods.
`
`11.
`
`Since well prior to the filing date of the application opposed herein, Opposer has
`
`been using, and continues to use, the trademark VIBRANT HEALTH together with the trademark
`
`IMMUNE DEFENSE in association with nutritional supplements for immune health and immune
`
`support. The trademark VIBRANT HEALTH IMMUNE DEFENSE has become identified with
`
`Opposer and its goods and is well known in connection with Opposer’s goods.
`
`
`
`3
`
`

`

`12.
`
`Opposer has been using, and continues to use, the marks VIBRANT HEALTH,
`
`VIBRANT CLEANSE, VIBRANT FLORA, GREEN VIBRANCE, JOINT VIBRANCE,
`
`MAXIMUM VIBRANCE, VIBRANCE, and VIBRANT HEALTH IMMUNE DEFENSE
`
`(hereinafter the “VIBRANT HEALTH Marks”) from a date prior to July 30, 2019, the date of
`
`filing of Applicant’s application for the mark PATENTED FORMULA SUPPORTS VIBRANT
`
`IMMUNE HEALTH. Since at least as early as December 1, 1992, Opposer has expended a
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`substantial amount of time, money and effort promoting, marketing and advertising its goods under
`
`and in connection with the VIBRANT HEALTH Marks, including operating a website at the
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`domain name VIBRANTHEALTH.COM, from which consumers can read about and purchase
`
`goods all sold in association with the mark VIBRANT HEALTH. As a result of Opposer’s
`
`continuous use of the mark VIBRANT HEALTH and all of the VIBRANT HEALTH Marks,
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`Opposer has developed and enjoys extensive goodwill and customer recognition throughout the
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`United States with respect to these marks.
`
`13.
`
`Opposer is the owner of U.S. Trademark Registration No. 2,535,149, dated
`
`February 5, 2002, pursuant to U.S. Trademark Application Serial No. 75/333,710 filed on July 31,
`
`1997 for the trademark VIBRANT HEALTH for use in association with dietary food supplements
`
`in International Class 5. See Exhibit 1.
`
`14.
`
`Opposer is the owner of U.S. Trademark Registration No. 3,667,465, dated August
`
`11, 2009, pursuant to U.S. Trademark Application Serial No. 77/440,085 filed on April 4, 2008
`
`for the trademark VIBRANT CLEANSE for use in association with nutritional supplements in
`
`International Class 5. See Exhibit 2. The registration has become incontestable under Section 15
`
`of the Lanham Act, 15 U.S.C. §1065, constituting conclusive evidence of the validity of the
`
`registered mark and Opposer’s exclusive right to use the same.
`
`
`
`4
`
`

`

`15.
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`Opposer is the owner of U.S. Trademark Registration No. 5,120,610, dated January
`
`10, 2017, pursuant to U.S. Trademark Application Serial No. 86/775,620 filed on October 1, 2015
`
`for the trademark VIBRANT FLORA for use in association with nutritional and dietary
`
`supplements to restore and improve digestive flora in International Class 5. See Exhibit 3.
`
`16.
`
`Opposer is the owner of U.S. Trademark Registration No. 1,992,414 dated August
`
`13, 1996, pursuant to U.S. Trademark Application Serial No. 74/562,023 filed on August 17, 1994
`
`for the trademark GREEN VIBRANCE for use in association with powdered nutritional beverage
`
`for use as a dietary supplement in International Class 5. See Exhibit 4. The registration has become
`
`incontestable under Section 15 of the Lanham Act, 15 U.S.C. §1065, constituting conclusive
`
`evidence of the validity of the registered mark and Opposer’s exclusive right to use the same.
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`17.
`
`Opposer is the owner of U.S. Trademark Registration No. 3,672,122 dated August
`
`25, 2009, pursuant to U.S. Trademark Application Serial No. 77/622,355 filed on November 26,
`
`2008 for the trademark GREEN VIBRANCE for use in association with nutritional energy bars
`
`for use as a meal substitute and meal replacement bars; nutritional supplements in powder and
`
`capsule form in International Class 5. See Exhibit 5. The registration has become incontestable
`
`under Section 15 of the Lanham Act, 15 U.S.C. §1065, constituting conclusive evidence of the
`
`validity of the registered mark and Opposer’s exclusive right to use the same.
`
`18.
`
`Opposer is the owner of U.S. Trademark Registration No. 2,542,861 dated February
`
`26, 2002, pursuant to U.S. Trademark Application Serial No. 76/225,234 filed on March 15, 2001
`
`for the trademark JOINT VIBRANCE for use in association with dietary food supplements in
`
`International Class 5. See Exhibit 6.
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`19.
`
`Opposer is the owner of U.S. Trademark Registration No. 4,299,199 dated March
`
`5, 2013, pursuant to U.S. Trademark Application Serial No. 85/521,781 filed on January 20, 2012
`
`
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`5
`
`

`

`for the trademark MAXIMUM VIBRANCE for use in association with nutritional supplements in
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`International Class 5. See Exhibit 7. The registration has become incontestable under Section 15
`
`of the Lanham Act, 15 U.S.C. §1065, constituting conclusive evidence of the validity of the
`
`registered mark and Opposer’s exclusive right to use the same.
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`20.
`
`Opposer is the owner of U.S. Trademark Registration No. 4,869,838, dated
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`December 15, 2015, pursuant to U.S. Trademark Application Serial No. 86/575,205 filed on March
`
`24, 2015 for the trademark VIBRANCE for use in association with nutritional supplements in
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`International Class 5. See Exhibit 8.
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`21.
`
`For many years, Opposer has extensively used and promoted its goods using the
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`VIBRANT HEALTH Marks. Opposer has developed exceedingly valuable goodwill with respect
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`to the VIBRANT HEALTH Marks cited above. By virtue of its efforts, the expenditure of
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`considerable sums for advertising and promotional activities, and by virtue of the excellence of its
`
`goods, Opposer has developed exceedingly valuable goodwill with respect to the VIBRANT
`
`HEALTH Marks. Opposer’s VIBRANT HEALTH Marks are well known to consumers and have
`
`been distinctive since prior to the filing date of the application opposed herein.
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`22.
`
`By its intent-to-use Application Serial No. 88/549,501, Applicant seeks to register
`
`the mark PATENTED FORMULA SUPPORTS VIBRANT IMMUNE HEALTH for use in
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`association with “Nutritional supplements for immune health and immune support; Nutritional
`
`supplements; immune factor preparations intended to enhance and stimulate the immune system”
`
`in International Class 5.
`
`23.
`
`The opposed application was filed on July 30, 2019, which date is well after
`
`Opposer first commenced use of and registered its VIBRANT HEALTH Marks.
`
`
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`6
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`

`

`24.
`
`Applicant’s mark, PATENTED FORMULA SUPPORTS VIBRANT IMMUNE
`
`HEALTH, is confusingly similar in sight, sound and meaning to Opposer’s aforesaid marks owned
`
`and used by Opposer which all include the word VIBRANT or VIBRANCE, and are all sold and
`
`distributed in association with the tradename and trademark VIBRANT HEALTH. The use and
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`registration of Applicant’s mark, PATENTED FORMULA SUPPORTS VIBRANT IMMUNE
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`HEALTH, would result in confusion, mistake and/or deception as to the source or origin of
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`Applicant’s goods, leading consumers to believe that they are somehow affiliated with, approved,
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`sponsored or licensed by Opposer.
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`25.
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`Upon information and belief, Applicant’s mark, PATENTED FORMULA
`
`SUPPORTS VIBRANT IMMUNE HEALTH, is intended to be used in association with nutritional
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`supplements. Opposer’s VIBRANT HEALTH tradename and VIBRANT HEALTH Marks are all
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`used in association with goods in the field of nutritional and dietary supplements.
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`26.
`
`Upon information and belief, Applicant’s mark, PATENTED FORMULA
`
`SUPPORTS VIBRANT IMMUNE HEALTH, is intended to be used in association with goods
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`marketed directly to consumers and sold through online vitamin stores that offer nutritional
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`supplements. Opposer’s goods are also marketed through similar channels of trade and are offered
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`to consumers in the same or similar manner.
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`27.
`
`If Applicant is permitted to use and register Applicant’s mark for the goods
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`identified in the Application, confusion in trade, resulting in irreparable damage and injury to
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`Opposer, inevitably would result by reason of the similarity between Applicant’s and Opposer’s
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`marks and the goods sold and provided thereunder. Any objection or fault found with the goods
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`marketed under Applicant’s mark, PATENTED FORMULA SUPPORTS VIBRANT IMMUNE
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`HEALTH, would reflect on, and injure, the reputation Opposer has established for the goods
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`
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`7
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`

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`provided under its aforesaid marks. If Applicant is granted the registration herein opposed,
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`Applicant would obtain a prima facie exclusive right to use the mark set forth in its application for
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`registration. Such registration would become a source of damage and injury to Opposer through
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`the generation of confusion, mistake, and/or deception, and the diminution of Opposer’s ability to
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`control the quality of goods sold thereunder.
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`28. Moreover, such registration would run contrary to the requirement that all doubts
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`as to the likelihood of confusion must be resolved in favor of Opposer, and against Applicant, who
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`has a legal duty to select a mark dissimilar to marks already in use.
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`29.
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`In view of the similarity in sight, sound and meaning between Applicant’s mark
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`PATENTED FORMULA SUPPORTS VIBRANT IMMUNE HEALTH and Opposer’s aforesaid
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`VIBRANT HEALTH Marks; the similarity between the respective goods of Applicant and
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`Opposer associated with Opposer’s aforesaid VIBRANT HEALTH Marks; and the similarity of
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`the channels of trade and customer base for Applicant’s alleged goods and Opposer’s goods;
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`Applicant’s mark so resembles Opposer’s aforesaid VIBRANT HEALTH Marks as to be likely to
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`cause confusion, and/or to cause mistake, and/or to deceive.
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`8
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`WHEREFORE, Opposer prays that U.S. Trademark Application Serial No. 88/549,501 be
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`rejected, that no registration be issued thereon to Applicant, and that this opposition be sustained
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`in favor of Opposer.
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`Respectfully submitted,
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`Ellen S. Simpson
`SIMPSON & SIMPSON PLLC
`5555 Main Street
`Williamsville, New York 14221
`(tel) 716-626-1564
`(fax) 716-626-0366
`(email) esimpson@idealawyers.com
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`Attorneys for Opposer
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`DATED: April 7, 2020
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`9
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`CERTIFICATION UNDER 37 C.F.R. §1.8
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`I hereby certify that this NOTICE OF OPPOSITION is being filed electronically with the
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`United States Patent and Trademark Office utilizing the Electronic System for Trademark Trials
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`and Appeals on this 7th day of April, 2020.
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`_______________________________
`Ellen S. Simpson
`SIMPSON & SIMPSON PLLC
`5555 Main Street
`Williamsville, New York 14221
`(tel) 716-626-1564
`(fax) 716-626-0366
`(email) esimpson@idealawyers.com
`
`10
`
`

`

`In the Matter of U.S. Trademark Application Serial No. 88/549,501
`
`EXHIBIT 1
`
`

`

`Int. CI.: 5
`
`Prior U.S. Cls.: 6, 18, 44, 46, 51 and 52
`
`Reg. No. 2,535,149
`United States Patent and Trademark Office Registered Feb. 5,2002
`
`
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`VIBRANT HEALTH
`
`“BETTY ERICKSON AND WILLIAM WATTS,
`BOTH U.S. CITIZENS AS TRUSTEES OF THE
`TRUSTEES OF THE TAAG/VIBRANT
`HEALTH TRUST (NEVADA ORGANIZED
`PURSUANT)
`SOVEREIGNTY PURE TRUSTS
`2961 INDUSTRIAL ROAD, SUITE #54
`LAS VEGAS, NV 89109
`
`FIRST USE 6-30—1995; IN COMMERCE 6-30-1995.
`
`OWNER OF U.S. REG. NO. 1,992,414.
`
`SER. NO. 75-333,710, FILED 7-31-1997.
`
`FOR: DIETARY FOOD SUPPLEMENTS ,
`CLASS 5 (U.S. CLS. 6, 18, 44, 46, 51 AND 52).
`
`IN
`
`IRA J. GOODSAID, EXAMINING ATTORNEY
`
`-
`
`

`

`In the Matter of U.S. Trademark Application Serial No. 88/549,501
`
`EXHIBIT 2
`
`

`

`Int. Cl.: 5
`
`Prior U.S. Cls.: 6, 18, 44, 46, 51, and 52
`
`United States Patent and Trademark Office
`
`Reg. No. 3,667,465
`Registered Aug. 11, 2009
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`VIBRANT CLEANSE
`
`NEW ENGLAND GREENS, LLC (CONNECTICUT
`LIMITED LIABILITY COMPANY)
`403 ASHLEY FALLS ROAD
`CANAAN, CT 06018
`
`FOR: NUTRITIONAL SUPPLEMENTS, IN CLASS
`5 (US. CLS. 6, 18, 44, 46, 51 AND 52).
`
`FIRST USE 1-8-2008; IN COMMERCE 1-8-2008.
`
`THE MARK CONSISTS OF STANDARD CHAR-
`ACTERS WITHOUT CLAIM TO ANY PARTICULAR
`FONT, STYLE, SIZE, OR COLOR.
`
`OWNER OF US. REG. NOS. 1,992,414, 2,542,861,
`AND OTHERS.
`
`NO CLAIM IS MADE TO THE EXCLUSIVE
`RIGHT TO USE "CLEANSE", APART FROM THE
`MARK AS SHOWN.
`
`SN 77-440085, FILED 4-4-2008.
`
`TARA PATE, EXAMINING ATTORNEY
`
`

`

`In the Matter of U.S. Trademark Application Serial No. 88/549,501
`
`EXHIBIT 3
`
`

`

`Reg. No. 5,120,610
`
`Registered Jan. 10, 2017
`
`New England Greens, LLC (CONNECTICUT LIMITED LIABILITY COMPANY)
`99 Railroad Street
`Canaan, CT 06018
`
`Int. Cl.: 5
`
`Trademark
`
`CLASS 5: Nutritional and dietary supplements to restore and improve digestive flora
`
`FIRST USE 4-29-2016; IN COMMERCE 4-29-2016
`
`Principal Register
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY
`PARTICULAR FONT STYLE, SIZE OR COLOR
`
`No claim is made to the exclusive right to use the following apart from the mark as shown:
`"FLORA"
`
`SER. NO. 86-775,620, FILED 10-01-2015
`KEVIN GERARD CRENNAN, EXAMINING ATTORNEY
`
`

`

`In the Matter of U.S. Trademark Application Serial No. 88/549,501
`
`EXHIBIT 4
`
`

`

`Int. CL: 5
`
`Prior U.S. Cls.: 6, 18, 44, 46, .51 and 52
`Reg. No. 1,992,414
`.
`.
`UnIted States Patent and Trademark Office Registered Aug.13, 1996
`___._______________________________
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`GREEN VIBRANCE
`
`PRIMARY SERVICES INTERNATIONAL, LLC
`(CONNECTICUT LIMITED LIABILITY COM-
`PANY)
`PO. BOX 1099
`
`FIRST USE
`12—0—1992.
`
`12—0—1992;
`
`IN COMMERCE
`
`SOUTHPORT, CT 064902099
`
`SER. N0. 74—562,023, FILED 8—17~1994.
`
`FOR: POWDERED NUTRITIONAL BEVER—
`AGE FOR USE AS A DIETARY SUPPLEMENT,
`IN CLASS 5 (US. CLS. 6, 18, 44, 46, 51 AND 52).
`
`,
`MICHAEL HAMILTON, EXAMINING ATTOR-
`NEY
`
`

`

`Int. CL: 5
`
`Prior U.S. Cls.: 6, 18, 44, 46, 51 and 52
`Reg. No. 1,992,414
`.
`.
`Umted States Patent and Trademark Office Registered Aug. 13, 1995
`
`TRADEMARK
`
`PRINCIPAL REGISTER
`
`vGREEN VIBRANCE
`
`PRIMARY SERVICES INTERNATIONAL, LLC
`(CONNECTICUT LIMITED LIABILITY COM-
`PANY)
`PO. BOX 1099
`
`FIRST USE
`12—0—1992.
`
`12—0—1992;
`
`IN COMMERCE
`
`SOUTHPORT, CT 064902099
`
`SER. NO. 74—562,023, FILED 8—17—1994.
`
`FOR: POWDERED NUTRITIONAL BEVER-
`AGE FOR USE AS A DIETARY SUPPLEMENT,
`IN CLASS 5 (US. CLS. 6, 18, 44, 46, 51 AND 52).
`
`MICHAEL HAMILTON, EXAMINING ATTOR‘
`NEY
`
`

`

`In the Matter of U.S. Trademark Application Serial No. 88/549,501
`
`EXHIBIT 5
`
`

`

`Int. Cl.: 5
`
`Prior U.S. Cls.: 6, 18, 44, 46, 51 and 52
`
`United States Patent and Trademark Office
`
`Reg. No. 3,672,122
`Registered Aug. 25, 2009
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`GREEN 'VIBRANCE
`
`NEW ENGLAND GREENS, LLC (CONNECTICUT
`LIMITED LIABILITY COMPANY)
`403 ASHLEY FALLS ROAD
`
`THE MARK CONSISTS OF STANDARD CHAR-
`ACTERS WITHOUT CLAIM TO ANY PARTICULAR
`FONT, STYLE, SIZE, OR COLOR.
`
`CANAAN, CT 06018
`
`OWNER OF US. REG. NO. 1,992,414.
`
`FOR: NUTRITIONAL ENERGY BARS FOR USE
`AS A MEAL SUBSTITUTE AND MEAL REPLACE-
`MENT BARS; NUTRITIONAL SUPPLEMENTS IN
`POWDER AND CAPSULE FORM , IN CLASS 5 (US.
`CLS. 6, 18, 44, 46, 51 AND 52).
`
`FIRST USE 1-1-2008; IN COMMERCE 1-1-2008.
`
`NO CLAIM IS MADE TO THE EXCLUSIVE
`RIGHT TO USE "GREEN", APART FROM THE
`MARK AS SHOWN.
`
`SER. NO. 77-622,355, FILED 11-26-2008.
`
`TRACY WHITTAKER-BROWN, EXAMINING AT-
`TORNEY
`
`

`

`In the Matter of U.S. Trademark Application Serial No. 88/549,501
`
`EXHIBIT 6
`
`

`

`Int. CL: 5
`
`,R
`
`eg. No. 2,542,861
`Registered Feb. 26, 2002
`
`Prior U.S. Cls.: 6, 18, 44, 46, 51 and 52
`
`United States Patent and Trademark Office
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`JOINT VIBRANCE
`
`BETTY ERICKSON AND WILLIAM WATTS,
`BOTH U.S. CITIZENS, AS TRUSTEES OF THE
`TAAG/VIBRANT HEALTH TRUST (NEVADA
`TRUST)
`WILLIAM WATTS
`40960 CALIFORNIA OAKS ROAD, #158
`MURRIETA, CA 92562
`
`FOR: DIETARY FOOD SUPPLEMENTS, IN CLASS
`5 (U.S. CLS. 6, 18, 44, 46, 51 AND 52).
`
`OWNER OF U.S. REG. NO. 1,992,414.
`
`NO CLAIM IS MADE TO THE EXCLUSIVE
`RIGHT TO USE "JOINT", APART FROM THE
`MARK AS SHOWN.
`
`SER, N0. 76.225334, FILED 3-15-2001.
`
`FIRST USE 3-0-1997; IN COMMERCE 3—0~1997.
`
`JORDAN PULASKI, EXAMINING ATTORNEY
`
`

`

`In the Matter of U.S. Trademark Application Serial No. 88/549,501
`
`EXHIBIT 7
`
`

`

`MAXIMUM VIBRANCE
`
`Reg. No. 4,299,199
`
`Registered Mar. 5, 2013
`
`NEW ENGLAND GREENS, LLC (CONNECTICUT LIMITED LIABILITY COIVIPANY)
`99 RAILROAD STREET
`CAN/\AN, CT 06018
`
`Int. Cl.: 5
`
`FOR: NUTRITIONAL SUPPLEMENTS, IN CLASS 5 (US. CLS. 6, I8, 44, 46, 51 AND 52).
`
`TRADEIVIARK
`
`PRINCIPAL REGISTER
`
`FIRST USE 11-30-2012; IN COMMERCE 11-30-2012.
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR-
`TICULAR FONT, STYLE, SIZE, OR COLOR.
`
`OWNER OF U.S. REG. NOS. 2,542,861 AND 3,672,122.
`
`SN 8_ -521,781, FILED 1-20-2012.
`
`LINDA LAVACHE, EXAMINING ATTORNEY
`
`
`
`%%fi , ‘2
`
`Artiug Dilerlor ul‘llw Unilell Stale; Patent Mlll‘ TnuJL-nmlk OITIL'e
`
`

`

`In the Matter of U.S. Trademark Application Serial No. 88/549,501
`
`EXHIBIT 8
`
`

`

`Md 11211mutter: étatw‘ iBatent anti flirahemark @ffine
`
`It}?
`
`VIBRANCE
`
`Reg. No. 4,869,838
`
`Registered Dec. 15, 2015
`
`NEW ENGLAND GREENS, LLC (CONNECTICUT LIMITED LIABILITY COIVIPANY)
`99 RAILROAD ST.
`CAN/\AN, CT 06018
`
`Int. Cl.: 5
`
`FOR: NUTRITIONAL SUPPLEMENTS, IN CLASS 5 (US. CLS. 6, 18, 44, 46, 51 AND 52).
`
`TRADENIARK
`
`PRINCIPAL REGISTER
`
`FIRST USE 11-15-2014; IN COMMERCE 11-15-2014.
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR-
`TICULAR FONT, STYLE, SIZE, OR COLOR.
`
`OWNER OF U.S. REG. NOS. 1,992,414, 2,542,861, AND 3,672,122.
`
`SER. NO. 86-575,205, FILED 3-24-2015.
`
`V1 VIAN MICZNIK FIRST, EXAMINING ATTORNEY
`
`
`
`Director of the United States
`Patent and Trademark Office
`
`