Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1122058
`03/22/2021
`
`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
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`YogaGlo, Inc.
`
`03/21/2021
`
`1740 STANFORD STREET
`SANTA MONICA, CA 90404
`UNITED STATES
`
`REBECCA LIEBOWITZ
`VENABLE LLP
`P.O. BOX 34385
`WASHINGTON, DC 20043-9998
`UNITED STATES
`Primary Email: trademarkdocket@venable.com
`Secondary Email(s): cmitros@venable.com, pjmiles@venable.com,
`rliebowitz@venable.com, ssfinkelstein@venable.com
`2023444976
`
`Docket Number
`
`120741529788
`
`Applicant Information
`
`Application No.
`
`88916838
`
`Publication date
`
`09/22/2020
`
`Opposition Filing
`Date
`
`Applicant
`
`03/22/2021
`
`Opposition Peri-
`od Ends
`
`03/21/2021
`
`Glow and Greens LLC
`2620 SOUTH BUNDY DRIVE
`LOS ANGELES, CA 90064
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 044. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Nutrition counseling; Consulting services in
`the fields of health and nutrition; Counseling services in the fields of health, nutrition and lifestyle well-
`ness;Food nutrition consultation; Providing a web site featuring information on health and nutrition;
`Providing a website featuring information about nutrition; Providing a website featuring information
`about health, wellness and nutrition; Providing information about dietary supplements and nutrition;
`Providing information in the field of nutrition; Providing information, news and commentary in the field
`of nutrition, health and wellness
`
`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.
`
`4166507
`
`Registration Date
`
`07/03/2012
`
`Application Date
`
`01/03/2011
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`YOGAGLO
`
`NONE
`
`Class 009. First use: First Use: 2008/07/23 First Use In Commerce: 2008/10/18
`Downloadable physical fitness and exercise instructional video and audio re-
`cordings with or without pre-recorded music via the internet and wireless
`devices; Digital media, namely, [ pre-recorded video cassettes, digital video
`discs, digital versatile discs, ] downloadable audioand video recordings, [ DVDs,
`and high definition digital discs ] featuring fitness, exercise [, music ] and health-
`related issues; Downloadable multimedia file containing artwork, text, audio,
`video, and Internet Web links relating to fitness, exercise [, music ] and health-
`related matters [ ; Downloadable electronic publications in the form of brochures,
`leaflets, and workbooks featuring fitness, exercise, music and health-related is-
`sues ]
`Class 038. First use: First Use: 2008/07/23 First Use In Commerce: 2008/10/18
`Broadcasting and streaming of audio-visual media content in the fields of fitness,
`exercise and health-related matters via a global computer network; [ webcasting
`services; ] Providing access to online forums for transmission of messages and
`blogs over the Internet; Providing online electronic bulletin boards for transmis-
`sion of messages among users in the field of general interest; Providing on-line
`chat rooms for social networking; Web messaging services; Video-on demand
`transmission services via the internet; Providing online forums for transmission
`of messages featuring fitness, exercise,music and health-related matters; [ Elec-
`tronic transmission and streaming of digital media content for others via global
`and local computer networks; ] Streaming of audio, visual and audiovisual ma-
`terial via a global computer network; Communications services, namely, trans-
`mitting streamed sound and audio-visual recordings via the Internet; Streaming
`of video and audio material on the Internet [ ;Providing access to computer data-
`bases;Electronic transmission of instant messages and data ]
`Class 041. First use: First Use: 2008/07/23 First Use In Commerce: 2008/10/18
`Education and entertainment services, namely, online instruction in the fields of
`exercise, fitness [, music ] and health-related matters; Providing online informa-
`tion via a global computer network on the subjects of exercise, fitness [,music, ]
`and health-related matters; [ Electronic publishing services, namely, publication
`of text, graphics, photographs, images, and audio-visual works of others online
`for streaming featuring exercise, fitness, music, and health-relatedmatters; ]
`Providing blogs in the nature of an online journal over the Internetfeaturing exer-
`cise, fitness, music, andhealth-related matters; Providing a website featuring
`non-downloadable audio-visual content, specifically, [ motion pictures, ] videos, [
`music videos, music, ] video clips, audio clips, [ music clips, film clips, ] and pho-
`tographs, in thefields of exercise, fitness [, and music] ; Consulting services in
`the fields of exercise and fitness; Physical fitness instruction; Physical fitness
`trainingservices; Providing a web site featuring information on exercise and fit-
`ness; Providing information in the field of fitness and exercise; [ Electronic pub-
`lishing services, namely, publishing of online works of others featuring user-
`createdtext, audio, video, and graphics; ] Providing on-line journals and web
`logs featuring user-created content
`Class 044. First use: First Use: 2008/07/23 First Use In Commerce: 2008/10/18
`
`

`

`Providing a website featuring informational, non-downloadable audio-visual con-
`tent, specifically, photographic, audio and video presentations in the fields of
`health-related matters, namely, health, wellness, and nutrition; Consulting ser-
`vices in the fields of health-related matters, namely, health, wellness, and nutri-
`tion; Providing information in the fields of health-related matters, namely, health,
`wellness, and nutrition
`
`U.S. Registration
`No.
`
`4735449
`
`Registration Date
`
`05/12/2015
`
`Application Date
`
`03/11/2010
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`GLO
`
`NONE
`
`Class 041. First use: First Use: 2009/04/00 First Use In Commerce: 2009/04/00
`Providing news, information and commentary in the fields of fashion, entertain-
`ment, home decor, interior decorating, interior design, music, movies, books,
`current events, and clothing; none of the aforesaid services in connection with
`thestudy of the Bible or Christian publications
`Class 044. First use: First Use: 2009/04/00 First Use In Commerce: 2009/04/00
`Providing an interactive website featuring information in the fields of health and
`beauty
`Class 045. First use: First Use: 2009/04/00 First Use In Commerce: 2009/04/00
`Providing an interactive website featuring information on lifestyles and personal
`and professional relationships
`
`U.S. Registration
`No.
`
`4993684
`
`Registration Date
`
`07/05/2016
`
`Application Date
`
`12/26/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`GLO
`
`NONE
`
`Class 009. First use: First Use: 2014/12/00 First Use In Commerce: 2014/12/00
`Downloadable physical fitness and exercise instructional video and audio re-
`cordings with or without pre-recorded music via the Internet and wireless
`devices; digital media, namely, downloadable audioand video recordings, featur-
`ing fitness, exercise, music and health-related issues; downloadable multimedia
`file containing artwork, text, audio, video, and Internet web links relating to fit-
`ness, exercise, music and health-related matters; downloadable electronic pub-
`lications in the form of brochures, leaflets, and workbooks featuring fitness, exer-
`cise, music and health-related issues
`Class 038. First use: First Use: 2014/12/00 First Use In Commerce: 2014/12/00
`Broadcasting and streaming of audio-visual media content in the fields of fitness,
`exercise and health-related matters via a global computer network; webcasting
`services related to fitness, exercise,wellness, nutrition and health-related issues;
`providing access to online forums for transmission of messages and blogs-
`related to fitness, exercise, wellness,nutrition and health-related issues over the
`Internet; providing online electronic bulletin boards for transmission of messages
`among users related to fitness,exercise, wellness, nutrition and health-related is-
`sues; providing on-line chatrooms related to fitness, exercise, wellness, nutrition
`
`

`

`and health-related issues for social networking; web messaging services related
`to fitness, exercise, wellness, nutrition and health-related issues; video-on de-
`mand transmission services related to fitness, exercise, wellness, nutrition and
`health-related issues via the Internet; providing online forums for transmission of
`messages featuringfitness, exercise, music and health-related matters; electron-
`ic transmission and streaming of digital media content related to fitness, exer-
`cise, wellness, nutrition and health-related issues for others via global and local
`computer networks; streaming of audio, visual and audiovisual material via a
`global computer network related to fitness, exercise, wellness, nutrition and
`health-related issues; communications services, namely, transmitting streamed
`sound and audio-visualrecordings related to fitness, exercise, wellness, nutrition
`and health-relatedissues via the Internet; streaming of video and audio material
`related to fitness, exercise, wellness, nutrition and health-related issues on the
`Internet; providing access to computer databases related to fitness, exercise,
`wellness, nutrition and health-related issues; electronic transmission of instant
`messages anddata related to fitness, exercise, wellness, nutrition and health-
`related issues
`Class 041. First use: First Use: 2014/12/00 First Use In Commerce: 2014/12/00
`Education and entertainment services, namely, online instruction in the fields of
`exercise, fitness, music and health-related matters; providing online information
`via a global computer network on the subjects of exercise, fitness and music;
`electronic publishing services, namely, publication of text, graphics, photo-
`graphs, images, and audio-visual works ofothers online for streaming featuring
`exercise, fitness, music, and health-related matters; providing blogs in the
`nature of an online journal over the Internet featuring exercise, fitness, music,
`and health-related matters; providing a website featuring non-downloadable au-
`dio-visual content, specifically, motion pictures, videos, music videos, music,
`videoclips, audio clips, music clips, film clips, and photographs, in the fields of
`exercise, fitness, and music; consultingservices in the fields of exercise and fit-
`ness; physical fitness instruction; physical fitness training services; providing a
`web site featuring information onexercise and fitness; providing information in
`the field of fitness and exercise; electronic publishing services, namely, publish-
`ing of online works of others featuring user-created text, audio, video, and
`graphics related to fitness, exercise, wellness, nutrition and health-related issues
`Class 044. First use: First Use: 2014/12/00 First Use In Commerce: 2014/12/00
`Providing a website featuring informational, non-downloadable audio-visual con-
`tent, specifically, photographic, audio and video presentations in the fields of
`health-related matters, namely, health, wellness, and nutrition; consulting ser-
`vices in the fields of health-related matters, namely, health, wellness, and nutri-
`tion; providing information in the fields of health-related matters, namely, health,
`wellness, and nutrition
`
`Attachments
`
`GLOW GREENS Opposition.pdf(2343459 bytes )
`
`Signature
`
`/Catherine Mitros/
`
`Name
`
`Date
`
`Catherine Mitros
`
`03/22/2021
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`_______________________________________
`
`YogaGlo, Inc.
`
` Opposer,
`
`
`
` v.
`
`Glow and Greens LLC
`
`
`
`
`
` Applicant.
`
`
`
` Attorney’s Reference: 120741-529788
`
` )
` )
` )
` )
` )
` )
` )
`
`Opposition No. ____________
`Serial No. 88/916838
`
` ) Mark:
` )
` )
` )
` )
`
`NOTICE OF OPPOSITION
`
`The application for registration of the trademark
`
` filed by
`
`Glow and Greens LLC, a California limited liability company, Application Serial No.
`
`88/916838, covers the services: “Nutrition counseling; Consulting services in the fields of
`
`health and nutrition; Counseling services in the fields of health, nutrition and lifestyle
`
`wellness; Food nutrition consultation; Providing a web site featuring information on health
`
`and nutrition; Providing a website featuring information about nutrition; Providing a website
`
`featuring information about health, wellness and nutrition; Providing information about
`
`dietary supplements and nutrition; Providing information in the field of nutrition; Providing
`
`information, news and commentary in the field of nutrition, health and wellness” in Class 44
`
`(“GLOW + GREENS Mark”). The application was published for opposition in the Official
`
`Gazette on September 22, 2020. YogaGlo, Inc., a Delaware corporation (together with any
`
`predecessors in interest to its trademarks, “Opposer”), believes that it will be damaged by
`
`registration of the mark shown in said Application Serial No. 88/916838 and hereby opposes
`
`19159874-v2
`
`

`

`the same.
`
`As grounds for opposition, it is alleged that:
`
`1.
`
`Opposer is the owner of the following U.S. Registrations for the marks
`
`YOGAGLO (U.S. Trademark Registration No. 4,166,507) and GLO (U.S. Trademark
`
`Registration Nos. 4,735,449 and 4,993,684), as well as additional marks used by Opposer for
`
`which it has registrations and to which it has common law rights (hereinafter, collectively, the
`
`“GLO Marks”). See Exhibit A.
`
`2.
`
`Opposer owns registrations for the GLO Marks (see listing below) which cover
`
`nutrition information and consultation and a number of wellness-related goods and services,
`
`Serial No. or
`Registration No.
`
`Ser. No.: 85/209595
`Reg. No.: 4,166,507
`
`namely:
`
`Mark/Name
`
`Goods and Services
`
`Class 9: Downloadable physical fitness and exercise instructional
`video and audio recordings with or without pre-recorded music via
`the internet and wireless devices; Digital media, namely,
`downloadable audio and video recordings featuring fitness,
`exercise, and health-related issues; Downloadable multimedia file
`containing artwork, text, audio, video, and Internet Web links
`relating to fitness, exercise, and health-related matters
`Class 38: Broadcasting and streaming of audio-visual media
`content in the fields of fitness, exercise and health-related matters
`via a global computer network; Providing access to online forums
`for transmission of messages and blogs over the Internet; Providing
`online electronic bulletin boards for transmission of messages
`among users in the field of general interest; Providing on-line chat
`rooms for social networking; Web messaging services; Video-on
`demand transmission services via the internet; Providing online
`forums for transmission of messages featuring fitness, exercise,
`music and health-related matters; Streaming of audio, visual and
`audiovisual material via a global computer network;
`Communications services, namely, transmitting streamed sound
`and audio-visual recordings via the Internet; Streaming of video
`and audio material on the Internet
`Class 41: Education and entertainment services, namely, online
`instruction in the fields of exercise, fitness, and health-related
`matters; Providing online information via a global computer
`network on the subjects of exercise, fitness, and health-related
`matters; Providing blogs in the nature of an online journal over the
`internet featuring exercise, fitness, music, and health-related
`matters; Providing a website featuring non-downloadable audio-
`visual content, specifically, videos, music, video clips, audio clips,
`
`YOGAGLO
`
`19159874-v2
`
`

`

`Mark/Name
`
`Goods and Services
`
`Serial No. or
`Registration No.
`
`Ser. No.: 77/956879
`Reg. No.: 4,735,449
`
`Ser. No.: 85/810776
`Reg. No.: 4,993,684
`
`and photographs, in the fields of exercise, fitness; Consulting
`services in the fields of exercise and fitness; Physical fitness
`instruction; Physical fitness training services; Providing a web site
`featuring information on exercise and fitness; Providing
`information in the field of fitness and exercise; Providing on-line
`journals and web logs featuring user-created content
`Class 44: Providing a website featuring informational, non-
`downloadable audio-visual content, specifically, photographic,
`audio and video presentations in the fields of health-related matters,
`namely, health, wellness, and nutrition; Consulting services in the
`fields of health-related matters, namely, health, wellness, and
`nutrition; Providing information in the fields of health-related
`matters, namely, health, wellness, and nutrition
`Class 41: Providing news, information and commentary in the
`fields of fashion, entertainment, home decor, interior decorating,
`interior design, music, movies, books, current events, and clothing;
`none of the aforesaid services in connection with the study of the
`Bible or Christian publications
`Class 44: Providing an interactive website featuring information in
`the fields of health and beauty
`Class 45: Providing an interactive website featuring information on
`lifestyles and personal and professional relationships
`Class 9: Downloadable physical fitness and exercise instructional
`video and audio recordings with or without pre-recorded music via
`the Internet and wireless devices; digital media, namely,
`downloadable audio and video recordings, featuring fitness,
`exercise, music and health-related issues; downloadable
`multimedia file containing artwork, text, audio, video, and Internet
`web links relating to fitness, exercise, music and health-related
`matters; downloadable electronic publications in the form of
`brochures, leaflets, and workbooks featuring fitness, exercise,
`music and health-related issues
`Class 38: Broadcasting and streaming of audio-visual media
`content in the fields of fitness, exercise and health-related matters
`via a global computer network; webcasting services related to
`fitness, exercise, wellness, nutrition and health-related issues;
`providing access to online forums for transmission of messages and
`blogs related to fitness, exercise, wellness, nutrition and health-
`related issues over the Internet; providing online electronic bulletin
`boards for transmission of messages among users related to fitness,
`exercise, wellness, nutrition and health-related issues; providing
`on-line chat rooms related to fitness, exercise, wellness, nutrition
`and health-related issues for social networking; web messaging
`services related to fitness, exercise, wellness, nutrition and health-
`related issues; video-on demand transmission services related to
`fitness, exercise, wellness, nutrition and health-related issues via
`the Internet; providing online forums for transmission of messages
`featuring fitness, exercise, music and health-related matters;
`electronic transmission and streaming of digital media content
`related to fitness, exercise, wellness, nutrition and health-related
`issues for others via global and local computer networks; streaming
`of audio, visual and audiovisual material via a global computer
`network related to fitness, exercise, wellness, nutrition and health-
`
`GLO
`
`GLO
`
`19159874-v2
`
`

`

`Mark/Name
`
`Goods and Services
`
`Serial No. or
`Registration No.
`
`related issues; communications services, namely, transmitting
`streamed sound and audio-visual recordings related to fitness,
`exercise, wellness, nutrition and health-related issues via the
`Internet; streaming of video and audio material related to fitness,
`exercise, wellness, nutrition and health-related issues on the
`Internet; providing access to computer databases related to fitness,
`exercise, wellness, nutrition and health-related issues; electronic
`transmission of instant messages and data related to fitness,
`exercise, wellness, nutrition and health-related issues
`Class 41: Education and entertainment services, namely, online
`instruction in the fields of exercise, fitness, music and health-
`related matters; providing online information via a global computer
`network on the subjects of exercise, fitness and music; electronic
`publishing services, namely, publication of text, graphics,
`photographs, images, and audio-visual works of others online for
`streaming featuring exercise, fitness, music, and health-related
`matters; providing blogs in the nature of an online journal over the
`Internet featuring exercise, fitness, music, and health-related
`matters; providing a website featuring non-downloadable audio-
`visual content, specifically, motion pictures, videos, music videos,
`music, video clips, audio clips, music clips, film clips, and
`photographs, in the fields of exercise, fitness, and music; consulting
`services in the fields of exercise and fitness; physical fitness
`instruction; physical fitness training services; providing a web site
`featuring information on exercise and fitness; providing
`information in the field of fitness and exercise; electronic
`publishing services, namely, publishing of online works of others
`featuring user-created text, audio, video, and graphics related to
`fitness, exercise, wellness, nutrition and health-related issues
`Class 44: Providing a website featuring informational, non-
`downloadable audio-visual content, specifically, photographic,
`audio and video presentations in the fields of health-related matters,
`namely, health, wellness, and nutrition; consulting services in the
`fields of health-related matters, namely, health, wellness, and
`nutrition; providing information in the fields of health-related
`matters, namely, health, wellness, and nutrition
`
`3.
`
`Opposer filed its trademark application for the mark that is the subject of
`
`Registration Number 4,166,507 on January 3, 2011.
`
`4.
`
`The mark that is the subject of Registration Number 4,166,507 was in use in
`
`commerce at least as early as October 2008.
`
`5.
`
`Opposer filed its trademark application for the mark that is the subject of
`
`Registration Number 4,735,449 on March 11, 2010.
`
`19159874-v2
`
`

`

`6.
`
`The mark that is the subject of Registration Number 4,735,449 was in use at
`
`least as early as April 2009.
`
`7.
`
`Opposer filed its trademark application for the mark that is the subject of
`
`Registration Number 4,993,684 on December 26, 2012.
`
`8.
`
`The mark that is the subject of Registration Number 4,993,684 was in use at
`
`least as early as December 2014.
`
`9.
`
`Applicant filed the GLOW + GREENS Mark on May 14, 2020 based upon an
`
`intent to use under Section 1(b) of the Lanham Act.
`
`10.
`
`Opposer’s first use and/or filing dates for the Registrations listed above predate
`
`Applicant’s May 14, 2020 filing date, and predate the earliest date on which Applicant can
`
`rely, and thus Opposer’s rights are senior to those of Applicant.
`
`11.
`
`Applicant’s GLOW + GREENS Mark is confusingly similar to Opposer’s
`
`GLO Marks. As such, consumers will undoubtedly associate Applicant’s services under the
`
`GLOW + GREENS Mark with Opposer’s goods and services offered under the GLO Marks.
`
`12.
`
`Opposer's GLO Marks and Applicant's GLOW + GREENS Mark are highly
`
`similar in appearance, sound, connotation, and commercial impression.
`
`13.
`
`Opposer's GLO Marks and Applicant's GLOW + GREENS Mark share the
`
`identical letterstring “GLO”.
`
`14.
`
`The letterstring “GLO” is a dominant portion of Opposer’s GLO Marks.
`
`15.
`
`The letterstring “GLOW” is a dominant portion of Applicant’s GLOW +
`
`GREENS Mark.
`
`16.
`
`“GLOW” and “GLO” are phonetic equivalents and have identical meanings and
`
`commercial impressions.
`
`19159874-v2
`
`

`

`17.
`
`Applicant’s services are identical and/or substantially related to Opposer’s goods
`
`and services.
`
`18.
`
`Opposer believes and alleges that Applicant’s GLOW + GREENS Mark, when
`
`applied to the services listed in Application Serial No. 88/916838, is likely to cause confusion
`
`or mistake or to deceive and mislead the trade and purchasing public into believing (a) that
`
`Opposer is the source of the Applicant’s services; (b) that Opposer sponsors, approves or
`
`endorses Applicant’s services; (c) that Applicant is authorized, licensed to and/or controlled
`
`by Opposer; or (d) that Applicant is a division or subsidiary of, or in someway related to
`
`Opposer.
`
`19.
`
`Applicant’s GLOW + GREENS Mark “so resembles a mark registered in the
`
`Patent and Trademark Office, or a mark…previously used in the United States and not
`
`abandoned, as to be likely, when applied to the goods of the applicant, to cause confusion, or
`
`to cause mistake or to deceive.” 15 U.S.C §1052(d).
`
`20.
`
`For the reasons set forth in the foregoing paragraphs, Applicant is not entitled
`
`to register its GLOW + GREENS Mark and the application should be denied in accordance
`
`with Section 2(d) of the Lanham Act, 15 U.S.C §1052(d).
`
`21.
`
`If Applicant is granted the registration herein opposed, it would thereby obtain
`
`at least a prima facie exclusive right to the use of its GLOW + GREENS Mark. Such
`
`registration would be a source of further damage and injury to Opposer.
`
`WHEREFORE, Opposer prays that Application Serial No. 88/916838 be rejected, and
`
`that registration of Applicant’s GLOW + GREENS Mark shown and specified therein be
`
`refused and denied, and that this Opposition be sustained in favor of Opposer.
`
`19159874-v2
`
`

`

`Opposer is submitting a filing fee of $600.00 via credit card. If for any reason this
`
`payment method is unsuccessful, authorization is granted to charge the filing fee of $600.00 to
`
`Deposit Account No. 22-0261 and notify the undersigned accordingly.
`
`Opposer appoints Rebecca Liebowitz and Catherine Mitros along with the law firm of
`
`Venable LLP, P.O. Box 34385, Washington, D.C. 20043-9998 to transact all business on its
`
`behalf in connection with this Opposition.
`
`Date: March 22, 2021
`
`By:
`
`Respectfully submitted,
`
`Rebecca Liebowitz, Esq.
`Catherine Mitros, Esq.
`Venable LLP
`P.O. Box 34385
`Washington, D.C. 20043
`Telephone: (202) 344-4000
`Facsimile (202) 344-8300
`Attorneys for Opposer
`
`19159874-v2
`
`

`

`3/22/2021
`
` '
`
`Exhibit A
` Exhibit A
`Trademark Electronic Search System (TESS)
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`OR to record:
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`Record 3 out of 4
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`TESS)
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`( Use the "Back" button of the Internet Browser to return to
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`YogaGlo
`
`Word Mark
`
`YOGAGLO
`
`Goods and
`Services
`
`IC 009. US 021 023 026 036 038. G & S: Downloadable physical fitness and exercise instructional video and
`audio recordings with or without pre-recorded music via the internet and wireless devices; Digital media, namely, [
`pre-recorded video cassettes, digital video discs, digital versatile discs, ] downloadable audio and video
`recordings, [ DVDs, and high definition digital discs] featuring fitness, exercise [, music] and health-related
`issues; Downloadable multimedia file containing artwork, text, audio, video, and Internet Web links relating to
`fitness, exercise [, music] and health-related matters [ ; Downloadable electronic publications in the form of
`brochures, leaflets, and workbooks featuring fitness, exercise, music and health-related issues]. FIRST USE:
`20080723. FIRST USE IN COMMERCE: 20081018
`
`IC 038. US 100 101 104. G & S: Broadcasting and streaming of audio-visual media content in the fields of fitness,
`exercise and health-related matters via a global computer network; [webcasting services; ] Providing access to
`online forums for transmission of messages and blogs over the Internet; Providing online electronic bulletin boards
`for transmission of messages among users in the field of general interest; Providing on-line chat rooms for social
`networking; Web messaging services; Video-on demand transmission services via the internet; Providing online
`forums for transmission of messages featuring fitness, exercise, music and health-related matters; [ Electronic
`transmission and streaming of digital media content for others via global and local computer networks; ] Streaming
`of audio, visual and audiovisual material via a global computer network; Communications services, namely,
`transmitting streamed sound and audio-visual recordings via the Internet; Streaming of video and audio material
`on the Internet [ ; Providing access to computer databases; Electronic transmission of instant messages and data
`]. FIRST USE: 20080723. FIRST USE IN COMMERCE: 20081018
`
`IC 041. US 100 101 107. G & S: Education and entertainment services, namely, online instruction in the fields of
`exercise, fitness [, music] and health-related matters; Providing online information via a global computer network
`on the subjects of exercise, fitness [, music, ] and health-related matters; [ Electronic publishing services, namely,
`publication of text, graphics, photographs, images, and audio-visual works of others online for streaming featuring
`exercise, fitness, music, and health-related matters; ] Providing blogs in the nature of an online journal over the
`Internet featuring exercise, fitness, music, and health-related matters; Providing a website featuring non-
`downloadable audio-visual content, specifically, [ motion pictures, ] videos, [ music videos, music, ] video clips,
`audio clips, [ music clips, film clips, ] and photographs, in the fields of exercise, fitness [, and music] ; Consulting
`services in the fields of exercise and fitness; Physical fitness instruction; Physical fitness training services;
`Providing a web site featuring information on exercise and fitness; Providing information in the field of fitness and
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`Trademark Electronic Search System (TESS)
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`exercise; [ Electronic publishing services, namely, publishing of online works of others featuring user-created text,
`audio, video, and graphics; ] Providing on-Iine journals and web logs featuring user-created content. FIRST USE:
`20080723. FIRST USE IN COMMERCE: 20081018
`
`IC 044. US 100 101. G & 8: Providing a website featuring informational, non-downloadable audio-visual content,
`specifically, photographic, audio and video presentations in the fields of health-related matters, namely, health,
`wellness, and nutrition; Consulting services in the fields of health-related matters, namely, health, wellness, and
`nutrition; Providing information in the fields of health-related matters, namely, health, wellness, and nutrition.
`FIRST USE: 20080723. FIRST USE IN COMMERCE: 20081018
`
`Standard
`Characters
`Claimed
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`Mark
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`Drawing
`Code
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`Serial
`Number
`
`Filing Date
`Current
`Basis
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`Original
`Filing Basis
`Published for
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`Opposition
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`Registration
`Number
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`Registration
`Date
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`Owner
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`Assignment
`Recorded
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`Attorney of
`Record
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`Prior
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`Registrations
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`(4) STANDARD CHARACTER MARK
`
`85209595
`
`January 3, 2011
`
`1A
`
`1A
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`April 17, 2012
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`4166507
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`July 3, 2012
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`(REGISTRANT) YOGAGLO, LLC LIMITED LIABILITY COMPANY CALIFORNIA 113 27TH ST B MANHATTAN
`BEACH CALIFORNIA 90266
`
`(LAST LISTED OWNER) YOGAGLO, INC. CORPORATION DELAWARE 2118 Wilshire Blvd Suite 800 Santa
`Monica CALIFORNIA 90403
`
`ASSIGNMENT RECORDED
`
`Rebecca Liebowitz
`
`3764227
`
`Type of Mark TRADEMARK. SERVICE MARK
`PRINCIPAL
`
`Register
`
`Affidavit Text SECT 8 (6-YR).
`Live/Dead
`Indicator
`
`LIVE
`
`
`
`MEI-1f :L'.51'
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`| HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRWACY POLICY
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`Trademarks > Trademark Electronic Search System (TESS)
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`TESS was last updated on Mon Mar 22 03:47:22 EDT 2021
`
`NENr'Lmr;
`L.-.=_::'fl~':ur:.
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`TESS)
`
`GLO
`
`Word Mark GLO
`
`Goods and IC 041. US 100 101 107. G & 8: Providing news, information and commentary in the fields of fashion,
`Services
`entertainment, home decor, interior decorating, interior design, music, movies, books, current events, and clothing;
`none of the aforesaid services in connection with the study of the Bible or Chris