Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1142032
`06/22/2021
`
`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
`
`Entity
`
`Address
`
`Attorney informa-
`tion
`
`Justin Samra
`
`Individual
`
`Citizenship
`
`UNITED STATES
`
`3555 29TH STREET APT 4F
`LONG ISLAND CITY, NY 11106
`UNITED STATES
`
`MATT KULSETH
`KULSETH LAW P.L.L.C. DBA MIGHTY MARKS
`4765 WATERTOWN RD
`ORONO, MN 55359
`UNITED STATES
`Primary Email: matt@mightymarks.com
`Secondary Email(s): sheila@mightymarks.com
`855-698-6757
`
`Docket Number
`
`Applicant Information
`
`Application No.
`
`90326666
`
`Publication date
`
`06/15/2021
`
`Opposition Filing
`Date
`
`Applicant
`
`06/22/2021
`
`Opposition Peri-
`od Ends
`
`07/15/2021
`
`BioElectronics Corporation
`4539 METROPOLITAN CT
`FREDERICK, MD 21704
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 010. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Miniaturized, low-power, high frequency-
`pulsed electromagnetic field therapy device
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Other
`
`Common law priority and likelihood of confusion
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`5570232
`
`Application Date
`
`02/19/2018
`
`Registration Date
`
`09/25/2018
`
`Foreign Priority
`
`NONE
`
`

`

`Word Mark
`
`Design Mark
`
`HEALFAST
`
`Date
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 005. First use: First Use: 2017/01/11 First Use In Commerce: 2017/01/11
`Amino acids for nutritional purposes; Anti-inflammatories; Mineral supple-
`ments;Probiotic supplements; Vitamins; Food supplements, namely, anti-
`oxidants
`
`U.S. Registration
`No.
`
`5400628
`
`Registration Date
`
`02/13/2018
`
`Word Mark
`
`Design Mark
`
`HF HEALFAST
`
`Application Date
`
`07/08/2017
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a stylized heart design and stylized letters "HF" and styl-
`ized wording "HEALFAST". The heart design is red with black outline with white
`"HF". The word "HEAL" is red and the word"FAST" is black.
`
`Class 005. First use: First Use: 2017/01/11 First Use In Commerce: 2017/01/11
`Products needed to optimize a patient'srecovery and reduce complications,
`namely, vitamin and mineral supplements, antioxidant food supplements, amino
`acids for nutritional purposes, probiotic supplements, and anti-inflammatories
`
`U.S. Application
`No.
`
`90271315
`
`Application Date
`
`10/22/2020
`
`Registration Date
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`HEALFAST REJUVENATE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`U.S. Application
`No.
`
`NONE
`
`Class 005. First use: First Use: 2020/06/11 First Use In Commerce: 2020/06/11
`Anti-inflammatories; Vitamins; Amino acids for nutritional purposes; Food sup-
`plements, namely, anti-oxidants; Mineral supplements; Probiotic supplements
`
`90448842
`
`Application Date
`
`01/05/2021
`
`Registration Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`HF
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a heart with the letters HF in the center. The H and F
`areblended together.
`
`Class 005. First use: First Use: 2017/01/11 First Use In Commerce: 2017/01/11
`Anti-inflammatories; Vitamins; Amino acids for nutritional purposes; Anti-
`inflammatory gels; Food supplements; Gels fordermatological use; Mineral sup-
`plements; Food supplements, namely, anti-oxidants; Hemostatic gel matrix pre-
`parations for treating wounds; Medicated creams for treating dermatological
`conditions; Non-medicated, therapeutic skin creams for the treatment of post
`surgical wounds
`
`

`

`Attachments
`
`87802938#TMSN.png( bytes )
`87520496#TMSN.png( bytes )
`90271315#TMSN.png( bytes )
`90448842#TMSN.png( bytes )
`Notice of Opposition - In the Matter of Ser. No. 90326666 (FINAL).pdf (565034
`bytes )
`
`Signature
`
`/Matt Kulseth/
`
`Name
`
`Date
`
`Matt Kulseth
`
`06/22/2021
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the matter of Application Ser. No. 90/326,666
`Opposition Filed: June 22, 2021
`For the mark HEALFAST
`Published in the Trademark Official Gazette on June 15, 2021
`
`
`
`Justin Samra,
`
`
`
`
`
`Opposer,
`
`
`
`
`
`
`
`
`
`
`
`v.
`
`
`
`
`
`
`BioElectronics Corporation,
`
`
`
`
`
`
`
`
`Applicant,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`)
`)
`)
`)
`)
`) Opposition No.__________
`)
`)
`)_____________________________
`
`
`
`Justin Samra (“Opposer”) believes that it will be damaged by the registration of the mark
`
`NOTICE OF OPPOSITION
`
`shown in Application Serial No. 90/326,666 in International Class 10, and hereby opposes the
`
`same.
`
`The grounds for opposition are as follows:
`
`1.
`
`BioElectronics Corporation(“Applicant”) seeks to register HEALFAST as a
`
`standard character trademark without any other claim or limitation as to any particular
`
`font, style, design, size, or color, for a “Miniaturized, low-power, high frequency pulsed
`
`electromagnetic field therapy device” in International Class 10, Application Serial No.
`
`90/326,666, which was filed as an intent-to-use mark on November 18, 2020
`
`(“Applicant’s Mark). Exhibit A.
`
`2.
`
`Applicant’s Mark was published for opposition in the Trademark Official Gazette
`
`on June 15, 2021. Exhibit B. Thus, this Opposition is timely filed.
`
`
`
`1
`
`

`

`3.
`
`Opposer is focused on providing pre-surgical, post-surgical, immune boosting,
`
`and anti-aging products, namely supplements and skin care creams, branded HEALFAST
`
`to its customers and consumers. Opposer has adopted, has used, and continues to use the
`
`mark HEALFAST in connection with its “Products needed to optimize a patient's
`
`recovery and reduce complications, namely, vitamin and mineral supplements,
`
`antioxidant food supplements, amino acids for nutritional purposes, probiotic
`
`supplements, and anti-inflammatories.” Opposer has spent enormous sums of time,
`
`effort, and money working to develop its product portfolio and brand recognition.
`
`Opposer, through its HEALFAST website and marketing materials has generated
`
`enormous goodwill of its recovery skin care products.
`
`4.
`
`Opposer has adopted and has continuously used the HEALFAST mark in
`
`connection with the above cited entertainment products since at least as early as January
`
`11, 2017.
`
`5.
`
`In addition to owning extensive and strong common law rights in the HEALFAST
`
`mark, Opposer is the owner of record for several United States Trademark registrations
`
`and applications. Please see United States Trademark Registration No. 5,570,232 for the
`
`mark HEALFAST in connection with “Amino acids for nutritional purposes; Anti-
`
`inflammatories; Mineral supplements; Probiotic supplements; Vitamins; Food
`
`supplements, namely, anti-oxidants” falling within International Class 05, claiming a first
`
`use date at least as early as January 11, 2017. Exhibit C. Said application was filed on
`
`February 19, 2018. See also United States Trademark Registration No. 5,400,628 for the
`
`HF HEALFAST design mark providing “Products needed to optimize a patient's recovery
`
`and reduce complications, namely, vitamin and mineral supplements, antioxidant food
`
`
`
`2
`
`

`

`supplements, amino acids for nutritional purposes, probiotic supplements, and anti-
`
`inflammatories,” also registered in International Class 05. Exhibit D. At this time,
`
`Opposer has also applied for an actual use application for the HEALFAST
`
`REJUVENATE word mark (United States Trademark Application Serial No. 90/271,315)
`
`in International Class 05 for “Anti-inflammatories; Vitamins; Amino acids for nutritional
`
`purposes; Food supplements, namely, anti-oxidants; Mineral supplements; Probiotic
`
`supplements.” Exhibit E. Finally, Opposer is also the owner of record for a pending HF
`
`design mark for “Anti-inflammatories; Vitamins; Amino acids for nutritional purposes;
`
`Anti-inflammatory gels; Food supplements; Gels for dermatological use; Mineral
`
`supplements; Food supplements, namely, anti-oxidants; Hemostatic gel matrix
`
`preparations for treating wounds; Medicated creams for treating dermatological
`
`conditions; Non-medicated, therapeutic skin creams for the treatment of post surgical
`
`wounds,” in International Class 05 having a first use date of January 11, 2017 and filed
`
`on January 5, 2021. Exhibit F. All registrations and applications cited in the paragraph
`
`are hereafter referred to as “Opposer’s Marks.”
`
`6.
`
`Opposer is damaged and is likely to continue to be damaged by the existence of
`
`Applicant’s Mark at the U.S. Patent and Trademark Office.
`
`7.
`
`Applicant’s Mark is likely, when used on or in connection with Applicant’s
`
`goods, to cause confusion, mistake, or deception with Opposer’s goods and services.
`
`Those in the relevant public are likely to mistakenly believe that the goods Applicant
`
`claims under the HEALFAST mark are sponsored, endorsed, or approved by Opposer, or
`
`are in some other way affiliated, connected, or associated with Opposer, all to the
`
`
`
`3
`
`

`

`detriment of Opposer. Registration of the Application should therefore be refused under
`
`15 U.S.C. §1052(d) and 1063.
`
`8.
`
`The goods upon which Applicant seeks to apply its proposed HEALFAST mark
`
`are unrestricted as to channels of trade, and they are highly similar and/or closely related
`
`to Opposer’s goods and services offered under its HEALFAST marks and would travel
`
`and be promoted through the same or overlapping channels of trade as the goods offered
`
`under Opposer’s HEALFAST marks.
`
`9.
`
`On information and belief, Opposer’s first use of the HEALFAST marks predates
`
`Applicant’s Mark’s intent-to-use filing date.
`
`10.
`
`On information and belief, Opposer’s common law rights in the HEALFAST
`
`Marks have priority over Applicant’s HEALFAST Mark.
`
`11.
`
`Applicant’s proposed HEALFAST Mark is identical to Opposer’s HEALFAST
`
`Marks in sound and meaning.
`
`12.
`
`Registration of the proposed Applicant’s Mark would additionally be a source of
`
`damage to Opposer as it would confer upon Applicant various statutory presumptions to
`
`which it is not entitled in view of Opposer’s prior use of the HEALFAST marks.
`
`
`
`
`
`
`
`
`
`
`
`
`
`4
`
`

`

`WHEREFORE, Opposer respectfully requests that the Trademark Trial and Appeal
`
`Board sustain its opposition, refuse registration of Application Serial No. 90/326,666, and grant
`
`any other relief that may be just and equitable.
`
`Kulseth Law P.L.L.C. DBA Mighty Marks
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/Matt Kulseth/______________
`Matt Kulseth
`
`4765 Watertown Rd.
`Orono, MN 55359
`(855) 698-6757 ext. 701 (Telephone)
`matt@mightymarks.com
`sheila@mightymarks.com
`
`ATTORNEY FOR OPPOSER
`Justin Samra
`
`5
`
`Dated: June 22, 2021
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`

`Exhibit A
`Exhibit A
`
`

`

`Generated on: This page was generated by TSDR on 2021-06-22 17:43:22 EDT
`
`Mark: HEALFAST
`
`US Serial Number: 90326666
`
`Register: Principal
`
`Mark Type: Trademark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`Nov. 18, 2020
`
`LIVE/APPLICATION/Published for Opposition
`
`A pending trademark application has been examined by the Office and has
`been published in a way that provides an opportunity for the public to oppose
`its registration.
`
`Status: Application has been published for opposition. The opposition period begins on the date of publication.
`
`Status Date: Jun. 15, 2021
`
`Publication Date: Jun. 15, 2021
`
` 
`
`Mark Literal
`Elements:
`
`HEALFAST
`
`Mark Information
`
`Standard Character
`Claim:
`
`Mark Drawing
`Type:
`
`Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`
`4 - STANDARD CHARACTER MARK
`
`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: Miniaturized, low-power, high frequency pulsed electromagnetic field therapy device
`
`International
`Class(es):
`
`010 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 1(b)
`
`Filed Use: No
`
`Filed ITU: Yes
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`Filed No Basis: No
`
`U.S Class(es): 026, 039, 044
`
`Basis Information (Case Level)
`
`Currently Use: No
`
`Currently ITU: Yes
`
`Currently 44E: No
`
`Currently 66A: No
`
`Currently No Basis: No
`
`Current Owner(s) Information
`
`Owner Name: BioElectronics Corporation
`
`Owner Address: 4539 Metropolitan Ct
`Frederick, MARYLAND UNITED STATES 21704
`
`Legal Entity Type: CORPORATION
`
`State or Country MARYLAND
`
`

`

`Attorney/Correspondence Information
`
`Where Organized:
`
`Attorney of Record - None
`
`Correspondent
`
`Correspondent
`Name/Address:
`
`BIOELECTRONICS CORPORATION
`4539 METROPOLITAN CT
`FREDERICK, MARYLAND UNITED STATES 21704
`
`Phone: 301-874-4890
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`Jun. 15, 2021
`
`OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
`
`Jun. 15, 2021
`
`PUBLISHED FOR OPPOSITION
`
`May 26, 2021
`
`NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
`
`May 11, 2021
`
`APPROVED FOR PUB - PRINCIPAL REGISTER
`
`May 11, 2021
`
`EXAMINER'S AMENDMENT ENTERED
`
`May 11, 2021
`
`NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED
`
`May 11, 2021
`
`EXAMINERS AMENDMENT E-MAILED
`
`May 11, 2021
`
`EXAMINERS AMENDMENT -WRITTEN
`
`May 10, 2021
`
`NOTIFICATION OF NON-FINAL ACTION E-MAILED
`
`May 10, 2021
`
`NON-FINAL ACTION E-MAILED
`
`May 10, 2021
`
`NON-FINAL ACTION WRITTEN
`
`Apr. 30, 2021
`
`ASSIGNED TO EXAMINER
`
`Jan. 21, 2021
`
`NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
`
`Nov. 21, 2020
`
`NEW APPLICATION ENTERED IN TRAM
`TM Staff and Location Information
`
`TM Attorney: SNABB, SANDRA MARIE
`
`TM Staff Information
`
`Law Office
`Assigned:
`
`LAW OFFICE 120
`
`File Location
`
`Current Location: PUBLICATION AND ISSUE SECTION
`
`Date in Location: May 12, 2021
`
`Proceeding
`Number
`
`88888
`
`6328
`
`6328
`
`92573
`
`6325
`
`6325
`
`92573
`
`92573
`
`

`

`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 1478 (Rev 09/2006)
`
`OMB No. 0651-0009 (Exp 02/28/2021)
`
`Trademark/Service Mark Application, Principal Register
`
`Serial Number: 90326666
`Filing Date: 11/18/2020
`
`The table below presents the data as entered.
`
`Input Field
`
`Entered
`
`SERIAL NUMBER
`
`MARK INFORMATION
`
`*MARK
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`LITERAL ELEMENT
`
`MARK STATEMENT
`
`REGISTER
`
`APPLICANT INFORMATION
`
`*OWNER OF MARK
`
`*MAILING ADDRESS
`
`*CITY
`
`*STATE
`(Required for U.S. applicants)
`
`90326666
`
`HEALFAST
`
`YES
`
`YES
`
`HEALFAST
`
`The mark consists of standard characters, without claim to any
`particular font style, size, or color.
`
`Principal
`
`BioElectronics Corporation
`
`4539 Metropolitan Ct
`
`Frederick
`
`Maryland
`
`*COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`United States
`
`*ZIP/POSTAL CODE
`(Required for U.S. and certain international addresses)
`
`PHONE
`
`*EMAIL ADDRESS
`
`WEBSITE ADDRESS
`
`LEGAL ENTITY INFORMATION
`
`TYPE
`
`21704
`
`301-874-4890
`
`XXXX
`
`bielcorp.com
`
`corporation
`
`STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY OF
`INCORPORATION
`
`Maryland
`
`GOODS AND/OR SERVICES AND BASIS INFORMATION
`
`INTERNATIONAL CLASS
`
`005 
`
`*IDENTIFICATION
`
`FILING BASIS
`
`CORRESPONDENCE INFORMATION
`
`IC 005. US 006 018 044 046 051 052. G and S: Miniaturized,
`low-power, PEMF,(pulsed electromagnetic field) device.
`
`SECTION 1(b)
`
`NAME
`
`BioElectronics Corporation
`
`

`

`PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE
`
`rcarusone@bielcorp.com
`
`SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES)
`
`rcarusone@bielcorp.com
`
`FEE INFORMATION
`
`APPLICATION FILING OPTION
`
`NUMBER OF CLASSES
`
`APPLICATION FOR REGISTRATION PER CLASS
`
`*TOTAL FEES DUE
`
`*TOTAL FEES PAID
`
`SIGNATURE INFORMATION
`
`SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`TEAS Standard
`
`1
`
`275
`
`275
`
`275
`
`/Rob Carusone/
`
`Rob Carusone
`
`Regulatory Affairs
`
`301-874-4890
`
`11/18/2020
`
`

`

`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 1478 (Rev 09/2006)
`
`OMB No. 0651-0009 (Exp 02/28/2021)
`
` 
`
`Trademark/Service Mark Application, Principal Register
`
`To the Commissioner for Trademarks:
`
`Serial Number: 90326666
`Filing Date: 11/18/2020
`
`MARK: HEALFAST (Standard Characters, see mark)
`The literal element of the mark consists of HEALFAST. The mark consists of standard characters, without claim to any particular font style, size,
`or color.
`The applicant, BioElectronics Corporation, a corporation of Maryland, having an address of
`      4539 Metropolitan Ct
`      Frederick, Maryland 21704
`      United States
`      301-874-4890(phone)
`      XXXX
`
`requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register
`established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:
`
`International Class 005:  IC 005. US 006 018 044 046 051 052. G and S: Miniaturized, low-power, PEMF,(pulsed electromagnetic field) device.
`Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified
`goods/services.
`
`For informational purposes only, applicant's website address is: bielcorp.com
`The applicant's current Correspondence Information:
`
`      BioElectronics Corporation
`
`       PRIMARY EMAIL FOR CORRESPONDENCE: rcarusone@bielcorp.com
`       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rcarusone@bielcorp.com
`
`Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and
`the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark
`Electronic Application System (TEAS).
`A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).
`
`Basis:
`If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a):
`
`Declaration
`
`The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered;
`The mark is in use in commerce and was in use in commerce as of the filing date of the application on or in connection with the
`goods/services in the application;
`The specimen(s) shows the mark as used on or in connection with the goods/services in the application and was used on or in
`connection with the goods/services in the application as of the application filing date; and
`To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
`
`And/Or
`If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d),
`and/or § 1126(e):
`
`The signatory believes that the applicant is entitled to use the mark in commerce;
`The applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as
`
`

`

`of the application filing date on or in connection with the goods/services in the application; and
`To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
`
`To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the
`mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the
`goods/services of such other persons, to cause confusion or mistake, or to deceive.
`
`To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the
`allegations and other factual contentions made above have evidentiary support.
`
`The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §
`1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration
`resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and
`belief are believed to be true.
`
`Declaration Signature
`
`Signature: /Rob Carusone/   Date: 11/18/2020
`Signatory's Name: Rob Carusone
`Signatory's Position: Regulatory Affairs
`Payment Sale Number: 90326666
`Payment Accounting Date: 11/18/2020
`
`Serial Number: 90326666
`Internet Transmission Date: Wed Nov 18 09:46:03 ET 2020
`TEAS Stamp: USPTO/BAS-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
`XXXX:XXXX-20201118094603378125-90326666-
`750d75f236e7f493f163571ebbbe706ea652c92d
`134402b48f58682fce8ad164-CC-46020467-202
`01118085949068358
` 
`
`

`

`HEALFAST
`
`

`

`Exhibit B
`Exhibit B
`
`

`

`Generated on: This page was generated by TSDR on 2021-06-22 17:44:19 EDT
`
`Mark: HEALFAST
`
`US Serial Number: 90326666
`
`Register: Principal
`
`Mark Type: Trademark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`Nov. 18, 2020
`
`LIVE/APPLICATION/Published for Opposition
`
`A pending trademark application has been examined by the Office and has
`been published in a way that provides an opportunity for the public to oppose
`its registration.
`
`Status: Application has been published for opposition. The opposition period begins on the date of publication.
`
`Status Date: Jun. 15, 2021
`
`Publication Date: Jun. 15, 2021
`
` 
`
`Mark Literal
`Elements:
`
`HEALFAST
`
`Mark Information
`
`Standard Character
`Claim:
`
`Mark Drawing
`Type:
`
`Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`
`4 - STANDARD CHARACTER MARK
`
`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: Miniaturized, low-power, high frequency pulsed electromagnetic field therapy device
`
`International
`Class(es):
`
`010 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 1(b)
`
`Filed Use: No
`
`Filed ITU: Yes
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`Filed No Basis: No
`
`U.S Class(es): 026, 039, 044
`
`Basis Information (Case Level)
`
`Currently Use: No
`
`Currently ITU: Yes
`
`Currently 44E: No
`
`Currently 66A: No
`
`Currently No Basis: No
`
`Current Owner(s) Information
`
`Owner Name: BioElectronics Corporation
`
`Owner Address: 4539 Metropolitan Ct
`Frederick, MARYLAND UNITED STATES 21704
`
`Legal Entity Type: CORPORATION
`
`State or Country MARYLAND
`
`

`

`Attorney/Correspondence Information
`
`Where Organized:
`
`Attorney of Record - None
`
`Correspondent
`
`Correspondent
`Name/Address:
`
`BIOELECTRONICS CORPORATION
`4539 METROPOLITAN CT
`FREDERICK, MARYLAND UNITED STATES 21704
`
`Phone: 301-874-4890
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`Jun. 15, 2021
`
`OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
`
`Jun. 15, 2021
`
`PUBLISHED FOR OPPOSITION
`
`May 26, 2021
`
`NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
`
`May 11, 2021
`
`APPROVED FOR PUB - PRINCIPAL REGISTER
`
`May 11, 2021
`
`EXAMINER'S AMENDMENT ENTERED
`
`May 11, 2021
`
`NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED
`
`May 11, 2021
`
`EXAMINERS AMENDMENT E-MAILED
`
`May 11, 2021
`
`EXAMINERS AMENDMENT -WRITTEN
`
`May 10, 2021
`
`NOTIFICATION OF NON-FINAL ACTION E-MAILED
`
`May 10, 2021
`
`NON-FINAL ACTION E-MAILED
`
`May 10, 2021
`
`NON-FINAL ACTION WRITTEN
`
`Apr. 30, 2021
`
`ASSIGNED TO EXAMINER
`
`Jan. 21, 2021
`
`NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
`
`Nov. 21, 2020
`
`NEW APPLICATION ENTERED IN TRAM
`TM Staff and Location Information
`
`TM Attorney: SNABB, SANDRA MARIE
`
`TM Staff Information
`
`Law Office
`Assigned:
`
`LAW OFFICE 120
`
`File Location
`
`Current Location: PUBLICATION AND ISSUE SECTION
`
`Date in Location: May 12, 2021
`
`Proceeding
`Number
`
`88888
`
`6328
`
`6328
`
`92573
`
`6325
`
`6325
`
`92573
`
`92573
`
`

`

`From:
`Sent:
`To:
`Cc:
`Subject:
`
`TMOfficialNotices@USPTO.GOV
`Tuesday, June 15, 2021 01:03 AM
`rcarusone@bielcorp.com
`rcarusone@bielcorp.com
`Official USPTO Notice of Publication Confirmation: U.S. Trademark SN 90326666: HEALFAST
`
`TRADEMARK OFFICIAL GAZETTE PUBLICATION CONFIRMATION
`
`U.S. Serial Number:   90326666
`Mark:   HEALFAST
`International Class(es):   010
`Owner:  BioElectronics Corporation
`Docket/Reference Number:  
`
`Click on the following link or paste the URL into an internet browser: https://tmog.uspto.gov/#issueDate=2021-06-15&serialNumber=90326666
`
`The mark identified above has been published in the Trademark Official Gazette (TMOG) on Jun 15, 2021.
` 
`To Review the Mark in the TMOG:
` 
` 
` 
`On the publication date or shortly thereafter, the applicant should carefully review the information that appears in the TMOG for accuracy.  For corrections or amendments after
`publication, please use the Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment Form, accessible at https://teas.uspto.gov/office/ppa.  For general
`information about this notice, please contact the Trademark Assistance Center at 1-800-786-9199.
` 
`Significance of Publication for Opposition:
` 
`   * Any party who believes it will be damaged by the registration of the mark may file a notice of opposition (or extension of time therefor) with the Trademark Trial and Appeal
`Board.  If no party files an opposition or extension request within thirty (30) days after the publication date, then eleven (11) weeks after the publication date a notice of
`allowance (NOA) should issue. (Note: The applicant must file a complete Statement of Use or Extension Request with the required fees within six (6) months after the
`NOA issues to avoid abandonment of the application.)
`
` 
`To check the status of the application, go to https://tsdr.uspto.gov/#caseNumber=90326666&caseType=SERIAL_NO&searchType=statusSearch or contact the Trademark
`Assistance Center at 1-800-786-9199.  Please check the status of the application at least every three (3) months after the application filing date.
` 
`To view this notice and other documents for this application on-line, go to
`https://tsdr.uspto.gov/#caseNumber=90326666&caseType=SERIAL_NO&searchType=documentSearch.  NOTE: This notice will only become available on-line the next
`business day after receipt of this e-mail.
` 
`
`

`

`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 1478 (Rev 09/2006)
`
`OMB No. 0651-0009 (Exp 02/28/2021)
`
`Trademark/Service Mark Application, Principal Register
`
`Serial Number: 90326666
`Filing Date: 11/18/2020
`
`The table below presents the data as entered.
`
`Input Field
`
`Entered
`
`SERIAL NUMBER
`
`MARK INFORMATION
`
`*MARK
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`LITERAL ELEMENT
`
`MARK STATEMENT
`
`REGISTER
`
`APPLICANT INFORMATION
`
`*OWNER OF MARK
`
`*MAILING ADDRESS
`
`*CITY
`
`*STATE
`(Required for U.S. applicants)
`
`90326666
`
`HEALFAST
`
`YES
`
`YES
`
`HEALFAST
`
`The mark consists of standard characters, without claim to any
`particular font style, size, or color.
`
`Principal
`
`BioElectronics Corporation
`
`4539 Metropolitan Ct
`
`Frederick
`
`Maryland
`
`*COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`United States
`
`*ZIP/POSTAL CODE
`(Required for U.S. and certain international addresses)
`
`PHONE
`
`*EMAIL ADDRESS
`
`WEBSITE ADDRESS
`
`LEGAL ENTITY INFORMATION
`
`TYPE
`
`21704
`
`301-874-4890
`
`XXXX
`
`bielcorp.com
`
`corporation
`
`STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY OF
`INCORPORATION
`
`Maryland
`
`GOODS AND/OR SERVICES AND BASIS INFORMATION
`
`INTERNATIONAL CLASS
`
`005 
`
`*IDENTIFICATION
`
`FILING BASIS
`
`CORRESPONDENCE INFORMATION
`
`IC 005. US 006 018 044 046 051 052. G and S: Miniaturized,
`low-power, PEMF,(pulsed electromagnetic field) device.
`
`SECTION 1(b)
`
`NAME
`
`BioElectronics Corporation
`
`

`

`PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE
`
`rcarusone@bielcorp.com
`
`SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES)
`
`rcarusone@bielcorp.com
`
`FEE INFORMATION
`
`APPLICATION FILING OPTION
`
`NUMBER OF CLASSES
`
`APPLICATION FOR REGISTRATION PER CLASS
`
`*TOTAL FEES DUE
`
`*TOTAL FEES PAID
`
`SIGNATURE INFORMATION
`
`SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`TEAS Standard
`
`1
`
`275
`
`275
`
`275
`
`/Rob Carusone/
`
`Rob Carusone
`
`Regulatory Affairs
`
`301-874-4890
`
`11/18/2020
`
`

`

`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 1478 (Rev 09/2006)
`
`OMB No. 0651-0009 (Exp 02/28/2021)
`
` 
`
`Trademark/Service Mark Application, Principal Register
`
`To the Commissioner for Trademarks:
`
`Serial Number: 90326666
`Filing Date: 11/18/2020
`
`MARK: HEALFAST (Standard Characters, see mark)
`The literal element of the mark consists of HEALFAST. The mark consists of standard characters, without claim to any particular font style, size,
`or color.
`The applicant, BioElectronics Corporation, a corporation of Maryland, having an address of
`      4539 Metropolitan Ct
`      Frederick, Maryland 21704
`      United States
`      301-874-4890(phone)
`      XXXX
`
`requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register
`established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:
`
`International Class 005:  IC 005. US 006 018 044 046 051 052. G and S: Miniaturized, low-power, PEMF,(pulsed electromagnetic field) device.
`Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified
`goods/services.
`
`For informational purposes only, applicant's website address is: bielcorp.com
`The applicant's current Correspondence Information:
`
`      BioElectronics Corporation
`
`       PRIMARY EMAIL FOR CORRESPONDENCE: rcarusone@bielcorp.com
`       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rcarusone@bielcorp.com
`
`Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and
`the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark
`Electronic Application System (TEAS).
`A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).
`
`Basis:
`If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a):
`
`Declaration
`
`The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered;
`The mark is in use in commerce and was in use in commerce as of the filing date of the application on or in connection with the
`goods/services in the application;
`The specimen(s) shows the mark as used on or in connection with the goods/services in the application and was used on or in
`connection with the goods/services in the application as of the application filing date; and
`To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
`
`And/Or
`If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d),
`and/or § 1126(e):
`
`The signatory believes that the applicant is entitled to use the mark in commerce;
`The applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as
`
`

`

`of the application filing date on or in connection with the goods/services in the application; and
`To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
`
`To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the
`mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the
`goods/services of such other persons, to cause confusion or mistake, or to deceive.
`
`To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the
`allegations and other factual contentions made above have evidentiary support.
`
`The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §
`1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration
`r