Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA Tracking number:
`ESTTA1166394
`10/16/2021
`
`Filing date:
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91271554
`Defendant
`Sustainable Nutrition, Inc.
`ROBERT E. PITTS
`PITTS & LAKE, P.C.
`PO BOX 51295
`KNOXVILLE, TN 37950-1295
`UNITED STATES
`Primary Email: docketing@pittslake.com
`Secondary Email(s): rpitts@pittslake.com, rgoodman@pittslake.com
`865-584-0105
`
`Submission
`Filer's Name
`Filer's email
`Signature
`Date
`Attachments
`
`Answer
`John Carberry
`johnc@mosseycreekenterprises.com
`/John Carberry/
`10/16/2021
`Applicant answers 16 October 2021.pdf(505405 bytes )
`Proof of service 16 Oct 2021 to Juvia holdings in sharing answersw t o opposi-
`tion.pdf(69321 bytes )
`Adjuvia Immune Booster intro April 2021.pdf(912316 bytes )
`
`

`

`Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA Tracking number:
`ESTTA1158220
`
`Filing date:
`
`09/08/2021
`
`Opposition
`
`number
`91271554
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Answer to Opposition
`
`Answer to opposition is hereby given and filed 17 October 2021.
`
`
`
`
`
`
`
`Application No.
`
`88833807
`
`Publication date
`
`05/11/2021
`
`

`

`09/08/2021
`
`Opposition Filing
`Date
`Opposer Information
`Name
`Juvia's Holdings LLC
`
`Opposition Period
`Ends
`
`
`
`Granted to Date
`of previous
`extension
`Address
`
`Attorney
`information
`
`09/08/2021
`
`300 CASTLE ROAD, UNIT 1
`SECAUCUS, NJ 07047
`UNITED STATES
`MICHAEL K. FRETWELL
`LAUBSCHER & LAUBSCHER, P.C.
`1160 SPA ROAD, SUITE 2B
`ANNAPOLIS, MD 21403
`UNITED STATES
`Primary Email: MFretwell@laubscherlaw.com
`Secondary Email(s): asimonini@laubscherlaw.com, info@laubscherlaw.com
`410-280-6608
`
`28445
`Docket Number
`Applicant Information
`Application No.
`88833789
`
`Opposition Filing
`Date
`Applicant
`
`09/08/2021
`
`Publication date
`
`05/11/2021
`
`Opposition Period
`Ends
`
`09/08/2021
`
`
`
`Sustainable Nutrition, Inc.
`110 W OLD ANDREW JOHNSON HWY
`JEFFERSON CITY, TN 37760
`UNITED STATES
`Goods/Services Affected by Opposition
`Class 003. First Use: 2020/03/01 First Use In Commerce: 2020/03/01
`All goods and services in the class are opposed, namely: Anti-aging cream; Anti-wrinkle cream;
`Moisturizing creams
`Class 005. First Use: 2020/03/01 First Use In Commerce: 2020/03/01
`All goods and services in the class are opposed, namely: Nutritional supplements consisting primarily
`of astaxanthin and coconut oil
`Applicant Information
`Applicant
`Sustainable Nutrition, Inc.
`110 West Old Andrew Johnson Highway
`Jefferson City, Tennessee 37760
`
`Goods/Services Affected by Opposition
`Class 003. First Use: 2020/03/01 First Use In Commerce: 2020/03/01
`All goods and services in the class are opposed, namely: Anti-aging cream; Anti-wrinkle cream;
`Moisturizing creams
`
`
`
`

`

`Class 005. First Use: 2020/03/01 First Use In Commerce: 2020/03/01
`All goods and services in the class are opposed, namely: Nutritional supplements consisting primarily
`of astaxanthin and coconut oil
`Grounds for Opposition
`Trademark Act Section 2(d)
`Priority and likelihood of confusion
`Marks Cited by Opposer as Basis for Opposition
`U.S. Registration
`5260666
`Application Date
`No.
`Registration Date
`
`08/08/2017
`
`01/12/2017
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`
`JUVIA'S
`
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`NONE
`
`
`
`Class 003. First use: First Use: 2013/06/00 First Use In Commerce: 2013/06/00
`Cosmetics; Cosmetics and make-up; Eye shadows
`Class 021. First use: First Use: 2013/06/00 First Use In Commerce: 2013/06/00
`Cosmetic brushes
`5260671
`
`Application Date
`
`01/12/2017
`
`08/08/2017
`
`JUVIAS PLACE
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Description of
`Mark
`
`NONE
`
`
`
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Class 035. First use: First Use: 2013/06/00 First Use In Commerce: 2013/06/00
`On-line retail store services featuring cosmetics
`5548457
`Application Date
`
`06/14/2017
`
`08/28/2018
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`JUVIA'S PLACE
`
`
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`NONE
`
`
`
`Class 003. First use: First Use: 2013/06/00 First Use In Commerce: 2013/06/00
`Cosmetics
`Class 021. First use: First Use: 2013/06/00 First Use In Commerce: 2013/06/00
`Cosmetic accessories, namely, cosmetic brushes
`5857377
`Application Date
`
`03/08/2019
`
`09/10/2019
`
`JUVIA'S PLACE
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`
`The mark consists of The words "JUVIA'SPLACE" in a stylized font with
`"JUVIA'S" more prominently displayed in lower-case lettering, three dots over
`the
`"J", and "PLACE" in block letters located under the "ia's" portion of "JUVIA'S".
`Class 003. First use: First Use: 2017/08/18 First Use In Commerce: 2017/08/18
`Cosmetics
`Class 021. First use: First Use: 2017/08/18 First Use In Commerce: 2017/08/18
`
`
`
`
`
`
`
`U.S. Registration
`No.
`
`Cosmetic brushes
`Class 035. First use: First Use: 2017/08/18 First Use In Commerce: 2017/08/18
`On-line retail store services featuringcosmetics
`5533377
`Application Date
`
`08/29/2017
`
`

`

`Registration Date
`
`08/07/2018
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`
`THE MAGIC BY JUVIA'S
`
`NONE
`
`
`
`Class 003. First use: First Use: 2017/06/00 First Use In Commerce: 2017/06/00
`Cosmetics
`5533378
`
`Application Date
`
`08/29/2017
`
`08/07/2018
`
`THE ZULU BY JUVIA'S
`
`Foreign Priority
`Date
`
`NONE
`
`NONE
`
`
`
`Class 003. First use: First Use: 2017/06/00 First Use In Commerce: 2017/06/00
`Cosmetics
`5548773
`
`Application Date
`
`08/29/2017
`
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`08/28/2018
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Word Mark
`
`THE NUBIAN BY JUVIA'S
`
`
`
`
`
`
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`NONE
`
`
`
`Class 003. First use: First Use: 2016/01/00 First Use In Commerce: 2016/01/00
`Cosmetics
`5548774
`
`Application Date
`
`08/29/2017
`
`08/28/2018
`
`Foreign Priority
`Date
`
`NONE
`
`THE NUBIAN 2 BY JUVIA'S
`
`NONE
`
`
`
`Class 003. First use: First Use: 2016/04/00 First Use In Commerce: 2016/04/00
`Cosmetics
`5548775
`
`Application Date
`
`08/29/2017
`
`08/28/2018
`
`Foreign Priority
`Date
`
`NONE
`
`THE SAHARAN BY JUVIA'S
`
`
`
`
`
`

`

`
`
`Description of Mark NONE
`
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`
`
`Class 003. First use: First Use: 2017/02/00 First Use In Commerce: 2017/02/00
`Cosmetics
`5814140
`
`Application Date
`
`08/29/2017
`
`07/23/2019
`
`Foreign Priority
`Date
`
`NONE
`
`THE SAHARAN II BY JUVIA'S
`
`NONE
`
`
`
`Class 003. First use: First Use: 2017/10/15 First Use In Commerce: 2017/10/15
`Cosmetics
`5763638
`
`Application Date
`
`12/21/2018
`
`05/28/2019
`
`THE TRIBE BY JUVIA'S
`
`Foreign Priority
`Date
`
`NONE
`
`NONE
`
`
`
`Class 003. First use: First Use: 2018/12/07 First Use In Commerce: 2018/12/07
`Cosmetics
`5857630
`
`Application Date
`
`04/05/2019
`
`09/10/2019
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Word Mark
`
`THE WARRIOR BY JUVIA'S
`
`
`
`
`
`
`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`NONE
`
`
`
`Class 003. First use: First Use: 2018/04/00 First Use In Commerce: 2018/04/00
`Cosmetics
`5857631
`
`Application Date
`
`04/05/2019
`
`09/10/2019
`
`Foreign Priority
`Date
`
`NONE
`
`THE WARRIOR II BY JUVIA'S
`
`NONE
`
`
`
`Class 003. First use: First Use: 2018/10/00 First Use In Commerce: 2018/10/00
`Cosmetics
`5857632
`
`Application Date
`
`04/05/2019
`
`09/10/2019
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`THE FESTIVAL BY JUVIA'S
`
`
`
`

`

`Design Mark
`
`
`
`Description of Mark NONE
`
`
`
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Class 003. First use: First Use: 2018/01/00 First Use In Commerce: 2018/01/00
`Cosmetics
`5863243
`
`Application Date
`
`04/05/2019
`
`09/17/2019
`
`THE DOUCE BY JUVIA'S
`
`Foreign Priority
`Date
`
`NONE
`
`NONE
`
`
`
`Class 003. First use: First Use: 2017/11/00 First Use In Commerce: 2017/11/00
`Cosmetics
`5889924
`
`Application Date
`
`04/05/2019
`
`10/22/2019
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`AFRIQUE BY JUVIA'S
`
`
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`
`
`NONE
`
`
`
`Class 003. First use: First Use: 2018/09/00 First Use In Commerce: 2018/09/00
`Cosmetics
`6035499
`
`Application Date
`
`07/22/2019
`
`04/14/2020
`
`Foreign Priority
`Date
`THE NUBIAN LOOSE HIGHLIGHTER BY JUVIA'S
`
`NONE
`
`NONE
`
`
`
`Class 003. First use: First Use: 2018/07/00 First Use In Commerce: 2018/07/00
`Cosmetics
`6035500
`
`Application Date
`
`07/22/2019
`
`04/14/2020
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`THE ROYALTY I BY JUVIA'S
`
`
`
`

`

`NONE
`
`
`
`Class 003. First use: First Use: 2018/07/00 First Use In Commerce: 2018/07/00
`Cosmetics
`6035501
`
`Application Date
`
`07/22/2019
`
`04/14/2020
`
`Foreign Priority
`Date
`
`NONE
`
`THE ROYALTY II BY JUVIA'S
`
`
`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`
`
`

`

`Description of
`Mark
`Goods/Services
`
`
`
`NONE
`
`Class 003. First use: First Use: 2018/07/00 First Use In Commerce: 2018/07/00
`Cosmetics
`
`U.S. Registration
`No.
`Registration Date
`
`6119636
`
`08/04/2020
`
`Word Mark
`Design Mark
`
`JUVIA'S TRIBE
`
`Application Date
`
`10/09/2018
`
`Foreign Priority
`Date
`
`NONE
`
`NONE
`
`
`
`Description of
`Mark
`Goods/Services
`
`Class 044. First use: First Use: 2018/10/00 First Use In Commerce: 2018/10/00
`Providing online advice and informationin the fields of cosmetics and
`applyingcosmetics
`88774633
`
`Application Date
`
`01/27/2020
`
`U.S. Application
`No.
`Registration Date NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`
`JUVIA SKIN
`
`Description of
`Mark
`
`NONE
`
`
`
`U.S. Application
`
`88774587
`
`Application Date
`
`01/27/2020
`
`
`
`

`

`Goods/Services
`
`Class 003. First use: First Use: 0 First Use In Commerce: 0
`Cosmetic creams for skin care; Cosmeticpreparations for skin care; Moisturizing
`preparations for the skin; Non-medicated skin care creams and lotions;
`Nonmedicated skin care preparations; Non-medicated balms for use on skin;
`Nonmedicated cleansers, namely, skin cleansers; Non-medicated cleansers,
`namely, facial cleansers; Non-medicated exfoliating preparations for skin
`
`
`
`No.
`
`
`
`Registration Date NONE
`
`Word Mark
`Design Mark
`
`JUVIA'S SKIN
`
`
`
`Foreign Priority
`Date
`
`
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`Attachments
`
`NONE
`
`
`
`Class 003. First use: First Use: 0 First Use In Commerce: 0
`Cosmetic creams for skin care; Cosmeticpreparations for skin care; Moisturizing
`preparations for the skin; Non-medicated skin care creams and lotions;
`Nonmedicated skin care preparations; Non-medicated balms for use on skin;
`Nonmedicated cleansers, namely, skin cleansers; Non-medicated cleansers,
`namely, facial cleansers; Non-medicated exfoliating preparations for skin
`87298930#TMSN.png( bytes ) 87299027#TMSN.png(
`bytes ) 87488262#TMSN.png( bytes )
`88331841#TMSN.png( bytes ) 87588571#TMSN.png(
`bytes ) 87588628#TMSN.png( bytes )
`87588607#TMSN.png( bytes ) 87588614#TMSN.png(
`bytes ) 87588638#TMSN.png( bytes )
`87588646#TMSN.png( bytes ) 88239061#TMSN.png(
`bytes ) 88372786#TMSN.png( bytes )
`88372824#TMSN.png( bytes ) 88372845#TMSN.png(
`bytes ) 88372880#TMSN.png( bytes )
`88372861#TMSN.png( bytes ) 88527681#TMSN.png(
`bytes ) 88527701#TMSN.png( bytes )
`88527713#TMSN.png( bytes ) 88148653#TMSN.png(
`bytes ) 88774633#TMSN.png( bytes )
`88774587#TMSN.png( bytes )
`28445-2021-09-08-NoticeOpp.pdf(89049 bytes )
`
`
`
`

`

`Signature
`Name
`Date
`
`/MKF/
`MICHAEL K. FRETWELL
`09/08/2021
`
`
`
`

`

`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`Juvia’s Holdings LLC
`Opposer,
`
`v.
`
`Sustainable Nutrition, Inc.
`
`
`
`
`
`Opposition No. 91271554
`
`Application Serial Nos. 88/833,789
`88/833,807
`
`
`
`Applicant.
`
`
`
`
`
`
`
`Juvia’s Holdings’ LLC CONSOLIDATED NOTICE OF OPPOSITION
`
`In the matter of trademark application Serial Nos. 88/833,789 and 88/833,807 for the
`
`ADJUVIA and ADJUVIA (& design) marks, respectively, filed on March 13, 2020 by
`
`Sustainable Nutrition, Inc. (“Applicant”) and published for opposition on May 11, 2021, Juvia’s
`
`Holdings LLC (“Opposer”) believes that it will be damaged by registration of the marks and
`
`hereby opposes registration of the same.
`
`Applicant answers after the notation “Applicant’s Answer” in italics.
`
`
`
`Opposer Juvia’s Holdings LLC is a limited liability company of Delaware having a
`
`principal place of business at 300 Castle Road Unit 1, Secaucus, NJ 07047.
`
`
`
`1.
`
`As grounds for opposition, Opposers allege that:
`
`Opposer offers cosmetics products under the JUVIA’S and JUVIA’S PLACE
`
`marks. The products have been sold in the United States and around the world for more than five
`
`years through the juviasplace.com website, with Ulta Beauty, a well-known chain of beauty
`
`stores, and through other channels. Opposers provide a range of goods, including, but not limited
`
`to, eyeshadow palettes, concealer, foundation, blush, lip stick, and lip gloss.
`
`1
`
`

`

`Applicant’s Answer:
`
`Admitted and conceded.
`
`2.
`
`App/Reg. No.
`
`5260666
`
`5260671
`
`5548457
`
`5857377
`
`5533377
`
`5533378
`
`5548773
`
`5548774
`
`5548775
`
`Opposer is the owner of United States Trademark Registrations and Applications for the
`JUVIA’S mark and many JUVIA’S-formative marks which identify goods in
`International Class 3, including cosmetics and skin care products. The following
`registrations and application, owned by Juvia’s Holdings LLC, are currently valid and
`subsisting:
`Mark
`JUVIA’S
`JUVIAS PLACE
`JUVIA’S PLACE
`JUVIA’S PLACE (& design)
`THE MAGIC BY JUVIA’S
`THE ZULU BY JUVIA’S
`THE NUBIAN BY JUVIA’S
`THE NUBIAN 2 BY JUVIA’S
`THE SAHARAN BY JUVIA’S
`THE SAHARAN II BY JUVIA'S
`
`5814140
`
`THE TRIBE BY JUVIA'S
`
`5763638
`
`THE WARRIOR BY JUVIA'S
`
`5857630
`
`THE WARRIOR II BY JUVIA'S
`
`5857631
`
`THE FESTIVAL BY JUVIA'S
`
`5857632
`
`THE DOUCE BY JUVIA'S
`
`AFRIQUE BY JUVIA'S
`
`THE NUBIAN LOOSE
`HIGHLIGHTER BY JUVIA'S
`THE ROYALTY I BY JUVIA'S
`
`5863243
`
`5889924
`
`6035499
`
`6035500
`
`THE ROYALTY II BY JUVIA'S
`
`6035501
`
`JUVIA'S TRIBE
`
`JUVIA SKIN
`JUVIA’S SKIN
`
`6119636
`
`88774633
`
`88774587
`
`
`
`Applicant’s Answer:
`
`2
`
`

`

`Admitted and conceded.
`
`3.
`
`Through significant use, advertising and sales, the JUVIA’S and JUVIA’S formative
`
`family of marks have become well-known in the cosmetics industry.
`
`Applicant’s Answer:
`
`Admitted and conceded.
`
`4.
`
`Applicant filed application Serian Nos. 88/833,789 and 88/833,807 for registration on the
`
`principal register on March 13, 2020. The application is based on use of the ADJUVIA
`
`marks in commerce in connection with “Anti-aging cream; Anti-wrinkle cream;
`
`Moisturizing creams” in International Class 3 since March 1, 2020 and “Nutritional
`
`supplements consisting primarily of astaxanthin and coconut oil” in International Class 5
`
`since March 1, 2020.
`
`Applicant’s Answer:
`
`Admitted and conceded. However, the brand Adjuvia was first used 8 August 2016 and there are
`
`many compositions and carriers and ingredients in the Adjuvia product line in addition to
`
`always including SN’s lipid rich nano emulsified astaxanthin. The main application for Adjuvia
`
`in addition to topicals is a nutraceutical. Reference Adjuvia Immune Booster, attached.
`
`5.
`
`Applicant’s use and filing dates are after Opposer’s dates of first use and filing of U.S.
`
`trademark applications for its of its JUVIA’S and JUVIA’S-formative family of marks.
`
`Applicant’s Answer:
`
`Admitted and conceded.
`
`6.
`
`The goods set forth in the ‘789 and ‘807 applications are identical or closely related to
`
`Opposer’s goods provided under its JUVIA, JUVIA’S and JUVIA’S-formative family of marks.
`
`Applicant’s Answer:
`
`3
`
`

`

`Denied. We are not aware of any Juvia products which include a lipid rich nano emulsified
`
`astaxanthin, or any astaxanthin at all, and none that are used primarily as an ingested
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`nutraceutical. We are also not aware of anti microbial and anti oxidant and adjuvant claims as
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`can be and are made for Adjuvia for any of the Juvia products. We believe they are
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`fundamentally different and differentiated.
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`7.
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`Applicant’s ADJUVIA marks incorporate the JUVIA mark in its entirety, nearly
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`incorporate the JUVIA’S mark in its entirety, and is confusingly similar to Opposer’s JUVIA,
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`JUVIA’S and family of JUVIA’S-formative marks.
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`Applicant’s Answer:
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`Denied. Literature and advertising and search engine reviews show evidence of confusion over
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`five years and the lack of evidence of confusion becomes evidence no confusion.
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`8.
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`Registration of Applicant’s ADJUVIA marks to identify its goods in international classes
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`3 and 5 is likely to cause confusion, mistake and deception as to the source, origin, sponsorship
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`or association of the goods and will damage Opposer in violation of Section 2(d) of the Lanham
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`Act, 15 U.S.C. §1052(d).
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`Applicant’s Answer:
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`Denied.
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`We deny this claim: There is no basis for a claim for relief for likelihood of confusion, and that
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`the record, history and context prove there has been no confusion or likelihood of confusion:
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`We offer these examples of no meaningful likelihood of confusion:
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`1) For instance, in using this brand since 15 August 2016 we find not a single incidence of
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`confusion with the opposer’s marks in promoting and selling our Adjuvia product line. We
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`have examined literature, media, google, google scholar, our records, advertising history,
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`white papers and find no evidence of confusion, but likewise, also see no scope for confusion
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`in several regards described below.
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`2) A search in Google for overlap or confusion between Adjuvia and Juvia prior to this filing
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`came up no results, after this filing 2 results in the context of this action, and now after this
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`filing these results which show no evidence or experience of confusion.
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`9.
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`The grant of a registration to Applicant for Applicant’s ADJUVIA marks for its goods in
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`international classes 3 and 5 is inconsistent with and in derogation of Opposer’s prior rights and
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`would therefore cause damage and injury to Opposer and deception and confusion of the public.
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` Applicant’s Answer:
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`Denied.
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`3) A google search for Juvia brings up 24,300,000 results in .69 seconds with no reference to
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`Adjuvia
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`4) A google search for Adjuvia brings up 1,920 results in .52 seconds with no reference to
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`Juvia
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`5) Composition of sound and syllables. How a word is constructed, and sounds is a big part of
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`its meaning, explicit, implied and inferred and whether or not there is a basis or likelihood
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`of confusion. Roots are important contributors in these regards as well. A syllable is a part
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`of a word that contains a single vowel sound and that is pronounced as a unit. A consonant
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`when combined with a vowel forms the basic speech sounds in which the breath is at least
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`partly obstructed by the consonant and the vowel takes us in sound transition, which can be
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`then combined with a vowel and forms a syllable. Adjuvia has a well-formed basis for
`construction in terms of sound and meaning, that I don’t see in Juvia. The rhythm of the
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`syllables as they move towards vowel transitions and through fricative consonant sounds is
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`often very defining. This is a key theme in poetry and music.
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`6) Adjuvia has three syllables, Juvia also has three. Each has three consonants:
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`Vowels
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`Consonant
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`Syllables
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` 1st
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`2nd
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`3rd
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`1st
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`2nd`
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`3rd
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`1st
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`2nd`
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`3rd
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`Juvia Syllables
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`Ja
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`via
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`v
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`a
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`Adjuvia
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`Syllables
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`Ad
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`Ju
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`Via
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`a
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`u
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`u
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`ia
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`j
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`ia
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`d
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`v
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`j
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`v
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`7) The consonants often define the largest part of the sounds and meanings of these words.
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`Given there are only 5 vowels in the English Language it is not uncommon for there to be
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`many common vowel sounds in words. But there are 21 consonants, and in this case there is
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`66% difference in these consonant fricative sounds.
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`8) John Carberry created the word Adjuvia from scratch, de novo. Recognizing the root word
`“Adjuvant, the Latin sources were used to identify three syllables that would give a sound
`and rhythm to “advancing towards something good and attractive, towards health”.
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`9) Ad for the Latin to mean towards, to, forwards etc.
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`10) So he then went froward to select words and sounds from this verbal 1st conjugation which
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`had the meaning I was looking for:
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`• Juvo,
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`• Juvare,
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`• Juvi,
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`• Jutus
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`11) With meanings such as
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`6
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`•
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`•
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`•
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`•
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`•
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`•
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`•
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`to help,
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`to assist,
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`to aid,
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`to support
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`to serve,
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`to further,
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`to please,
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`• delight, and
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`•
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`to gratify
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`12) Finally, “via” for road, route, way, going, pathway. The Free Dictionary by Farlex:
`“Words containing via found 849 words containing via.”
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`13) So we see the implied meaning of Adjuvia, which we hope the market will infer to be the
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`road forward towards help etc. We note that Adjuvia is also, intentionally, evocative of the
`term “Adjuvant”. Meriam-Webster define adjuvant thus: one that helps or facilitates: such
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`as. a: an ingredient (as in a prescription or a solution) that modifies the action of the
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`principal ingredient. b: something (such as a drug or method) that enhances the
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`effectiveness of medical treatment used chemotherapy as an adjuvant to surgery. We would
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`note that our Adjuvia Astaxanthin will be a powerful adjuvant in the efficacy of Juvia
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`products.
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`14) What is the implied or inferred meaning of Juvia? We also see that the first syllable of these
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`two words set up very different meanings and sounds and rhythms. Juvia leads with a
`strong fricative followed by a week vowel sound and transition, Adjuvia’ s first syllable
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`leads with the soft transitory vowel sound which then powerfully leads with the fricatives
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`from Ju to Via. Ad Ju Via. Juvia leads with the fricative J and follows with a weak fricative
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`which disrupts the rhythm: Ju Via. Very different sound and rhythm. So the transition from
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`the D to the J in Adjuvia has the fricative form of the tongue on the roof of the mouth is
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`smooth. As well the transition from the vowel sound of u to the fricative of v is smooth,
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`going from a round shape of the lips to the pursing of the lips to make the V fricative sound.
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`The transition of the U in Juvia to via goes from a vowel shape of the tongue rolled to the
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`pursing of the lips, far more awkward.
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`15) There does not seem to be such context or meaning to be extracted from Juvia as there is
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`from Adjuvia. So a big difference in sounds, rhythm and meaning implied, inferred and
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`explicit.
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`16) Then there is the question of conflict: Is there confusion or conflict in the media caused by
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`one to the other as can be found in the literature and search engines? The answer is an
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`absolutely, irrevocable, incontrovertible: None!
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`17) A google Search for Adjuvia in September found 2260 results, with no reference to Juvia.
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`The first two pages are exclusively dedicated to our pages, our literature, our references
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`and referenced materials. Most all these reference astaxanthin. None of them reference
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`Sitagliptin. There is a Swedish financial company using this name for financial services.
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`18) A google search for Juvia in September turned up 21,060,000 results, mostly referencing
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`cream. None of these reference Adjuvia or astaxanthin. None of the Adjuvia or Astaxanthin
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`reference harmful or dangerous side effects for the reason there are none.
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`19) A google search for Adjuvia + Juvia in September turned up Zero (0) results.
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`20) So where is the conflict, the infringement? Where in five years is there evidence, incidence
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`or likelihood of confusion identified?
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`21) We have been studying the molecular metabolic chemistry and biology and chemistry of
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`astaxanthin, and of our lipid rich nano highly emulsified bio available astaxanthin for
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`several years. Especially in the past years the interest in this regard in the global research
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`community has exploded.
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`22) Astaxanthin has fundamental and powerful wide ranging metabolic powers in addition to
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`those referenced for diabetes. It is not possible, given the wide ranging metabolic actions of
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`our lipid rich nano emulsified highly bioavailable astaxanthin in eye health, brain health,
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`immune function, endocrinal functions, UV protection, healing, kidney function, liver
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`function, thymic function among many most importantly the power to mitigate ROS in
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`glucose metabolism at the mitochondrial function and efficacy and production of insulin, to
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`administer this metabolic molecule and separate or isolate these functions.
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`
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`23) Our technology multiplies this efficacy of astaxanthin by orders of magnitude through
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`increased bioavailability of an other wise relatively unavailable molecule, especially from
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`the competitive processes for extracting astaxanthin from Haematococcus pluvialis by super
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`critical carbon dioxide extraction. This process, patent, this high bioavailability is our
`raison d’etre.
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`24) Adjuvia astaxanthin, our products manufactured and sold under the Adjuvia brand and are
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`characterized as being a lipid rich nano emulsified astaxanthin which is highly bioavailable,
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`strictly manufactured per US patent US10227557B2:
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`25) A method for producing astaxanthin incorporates a method for producing astaxanthin-rich
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`algae cells and a method for extracting astaxanthin therefrom. An initial feedstock
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`comprises healthy algae, water, and nutrients. During a growth phase, carbon dioxide and
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`light from a light source are supplied to the feedstock, thereby amplifying the algae. At least
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`a portion of the nutrients remaining after amplification of the algae are separated from the
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`amplified algae. During a stress phase, carbon dioxide and light are supplied to the
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`amplified algae, thereby promoting production of astaxanthin by the amplified algae. The
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`amplified algae and a cover are placed within an interior of an attrition mill having interior
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`surfaces and media which are substantially non-reactive to astaxanthin and milled to
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`release the astaxanthin from the algae. The cover limits oxidation of the released
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`astaxanthin.
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`26) Our Adjuvia product line always includes the lipid rich nano emulsified astaxanthin which
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`is highly bioavailable in a variety of carrier oils, including for instance cod liver oil, rape
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`seed oil, coconut oil, canola oil, and do often include other constituents that work as
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`adjuvants with and among each other including DHA, selenium, folate and many other
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`micronutrients helpful to cellular, molecular, and metabolic functions at the cellular,
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`eicosanoid, endocrinal and immune systems.
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`27) Our lipid rich nano emulsified astaxanthin is a powerful metabolic action, both topically
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`and as an ingested nutritional molecule. It is an anti-oxidant, it is an anti-microbial and it is
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`a powerful adjuvant of a wide range of molecular metabolic processes.
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`
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`WHEREFORE, applicant prays that the Opposition be denied and that registration of
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`Applicant’s ADJUVIA marks be confirmed.
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`Respectfully submitted,
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`
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`
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`17 October 2021
`
`
`
` Sustainable Nutrition, Inc
` John Carberry
`110 West Old Andrew Johnson Highway
`Jefferson City, TN 37760
`
`E-mail: johnc@mosseycreekenterprises.com
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`10
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`
` Sustainable Nutrition, Inc.
`110 W. Old Andrew Johnson Highway
` Phone: (865) 262-0507 Jefferson City, Tennessee 37760 Fax: (865) 262-0498
`
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`16 October 2021
`
` I, John Carberry, CEO of Sustainable Nutrition, acting pro se in the matter of Juvia’s Holdings
`opposition to SN’s trademark, Opposition 91271554,, hereby certify that a true and complete copy of
`the foregoing submission (16 October Answer to Opposition) has been served on:
`
`Primary contact:
`MFretwell@laubscherlaw.com
`
`Secondary Emails:
`asimonini@laubscherlaw.com,
`info@laubscherlaw.com
`
`
` By forwarding said copy on this 16th day of October 2021, via email as listed above.
`
`
`Sustainable Nutrition Inc.
`John Carberry
`
`
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`Signature above, by John Carberry CEO, pro se
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`Date 16 October 2021
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`A novel solution to boosting the immune system
`
`
` Sustainable Nutrition, Inc.
` 110 W. Old Andrew Johnson Highway
` Phone: (865) 262-0507 Jefferson City, Tennessee 37760 Fax: (865) 262-0498
`
`
`
`
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`
`
` April 2020
`
`An Introduction, Overview and Analysis of the metabolic roles and value of Astaxanthin
`John Carberry, Matthew Carberry, Dr. Terry Snell, Tim Wilson
`
`Introduction
`
`Astaxanthin is the apex xanthophyll carotenoid that rises from algal photosynthesis as long ago as
`billions of years ago. In early evolutionary times xanthophyll carotenoids were limited to molecules
`such as lycopene, and lutein. Over time, these simpler xanthophyll carotenoids were processed by
`many life forms, from bacteria and algae and land-based plants to many complex arthropods into
`more complex xanthophyll carotenoids, with astaxanthin being the apex form of xanthophyll
`carotenoids.
`
`Life on earth started with a warm acidic environment rich with methane and carbon dioxide. Very little
`free oxygen. Then by the productive activity of cyanobacteria and archaea by 2.5 billion years ago,
`we had a lot of oxygen and very little methane and small amounts of carbon dioxide. So life evolved
`and most living things now respirate, need oxygen. We are obligated to breath and use oxygen.
`Before “The Great Oxidation Event” life lived without oxygen, made it as a waste product. So for
`about 1.3 billion years life evolved without oxygen, and then now for 2.5 billion years we evolved
`obligated to oxygen.
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`But interestingly, during this entire time, xanthophyll carotenoids have been providing structure to
`cells where they are most vulnerable, the relatively gelatinous cell plasma membrane, and protection
`from ROS. Most all life forms on Earth are obligate to make or consume and use xanthophyll
`carotenoids.
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`Archaea make these, cyanobacteria make these, all photosynthetic organisms make these, and many
`organisms, including many arthropods, process simpler xanthophyll carotenoids into more complex
`carotenoids.
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`During this time of evolution, these molecules became more and more complex. Astaxanthin is
`perhaps the apex molecule in this evolution. Zeaxanthin and canthaxanthin are perhaps at or near
`this apex.
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`Page 1 of 39
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`A novel solution to boosting the immune system
`Certain arthropods, animals, came to be able to synthesize these three from each other and from
`simpler xanthophyll carotenoids. This took investment and from an evolutionary economic point of
`view this is proof of the great value and great advantage they provide.
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`Astaxanthin gives cell plasma membrane much needed reinforcement. It protects from UV. It
`mitigates excess ROS produced by the mitochondria. It therefore protects the mitochondria, COQ10,
`the mitochondrial RNA, Arachidonic acid, Vitamin C, many metals, eicosanoids and eicosanoid
`pathways and processes from damage from excess ROS produced by all mitochondria.
`
`Describing and understanding the evolutionary pathway and growing complexity and function of
`xanthophyll carotenoid in terms of the explosion of complex dense functional life forms 600 million
`years ago is a key element in the