Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1210365
`05/19/2022
`
`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
`
`Vitaminerals LLC
`
`Granted to date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`05/21/2022
`
`1979 PORTRERO GRANDE DRIVE
`MONTEREY PARK, CA 91755
`UNITED STATES
`
`JOSEPH A. MANDOUR
`MANDOUR & ASSOCIATES, APC
`8605 SANTA MONICA BLVD., SUITE 1500
`LOS ANGELES, CA 90069
`UNITED STATES
`Primary email: jmandour@mandourlaw.com
`Secondary email(s): blila@mandourlaw.com
`8584879300
`
`Docket no.
`
`6375.02-001
`
`Applicant information
`
`Application no.
`
`90315028
`
`Opposition filing
`date
`
`Applicant
`
`05/19/2022
`
`Integrity Alliance Inc.
`1310 W DRIVERS WAY, #120
`TEMPE, AZ 85284
`UNITED STATES
`
`Goods/services affected by opposition
`
`Publication date
`
`03/22/2022
`
`Opposition period
`ends
`
`05/21/2022
`
`Class 005. First Use: 1990 First Use In Commerce: 1990
`All goods and services in the class are opposed, namely: Dietary and nutritional supplements
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Mark cited by opposer as basis for opposition
`
`U.S. application
`no.
`
`90788461
`
`Application date
`
`06/22/2021
`
`Registration date
`
`NONE
`
`Foreign priority
`date
`
`NONE
`
`
`ESTTA1210365
`05/19/2022
`
`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
`
`Vitaminerals LLC
`
`Granted to date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`05/21/2022
`
`1979 PORTRERO GRANDE DRIVE
`MONTEREY PARK, CA 91755
`UNITED STATES
`
`JOSEPH A. MANDOUR
`MANDOUR & ASSOCIATES, APC
`8605 SANTA MONICA BLVD., SUITE 1500
`LOS ANGELES, CA 90069
`UNITED STATES
`Primary email: jmandour@mandourlaw.com
`Secondary email(s): blila@mandourlaw.com
`8584879300
`
`Docket no.
`
`6375.02-001
`
`Applicant information
`
`Application no.
`
`90315028
`
`Opposition filing
`date
`
`Applicant
`
`05/19/2022
`
`Integrity Alliance Inc.
`1310 W DRIVERS WAY, #120
`TEMPE, AZ 85284
`UNITED STATES
`
`Goods/services affected by opposition
`
`Publication date
`
`03/22/2022
`
`Opposition period
`ends
`
`05/21/2022
`
`Class 005. First Use: 1990 First Use In Commerce: 1990
`All goods and services in the class are opposed, namely: Dietary and nutritional supplements
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Mark cited by opposer as basis for opposition
`
`U.S. application
`no.
`
`90788461
`
`Application date
`
`06/22/2021
`
`Registration date
`
`NONE
`
`Foreign priority
`date
`
`NONE
`
`
`
`Word mark
`
`Design mark
`
`VITAMINERALS
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 005. First use: First Use: Aug 1, 1933 First Use In Commerce: Aug 1,
`1933
`Dietary and nutritional supplements forhumans in the form of pills, capsules, oils
`for oral administration comprising nitric oxide, iron, minerals, protein, fatty acids,
`and vitamins, with anti-viral, antioxidant, relaxing, anti-inflammatory, and anti-
`cramping qualities, for supporting the health of the immune system, adrenal sys-
`tem, brain, nerves, gastrointestinal (GI) system, bones, vision, ligaments, joints,
`spinal disc, heart, hormone system, prostate, and skin, and forsupporting sleep,
`pain management, detoxification, weight management, and male enhancement
`and pain relief topical gels
`
`Attachments
`
`90788461#TMSN.png( bytes )
`Notice of Opposition Integrity Alliance VITAMINERAL GREEN 05-19-22.pd
`f(101382 bytes )
`
`Signature
`
`Name
`
`Date
`
`/Ben T. Lila/
`
`Ben T. Lila
`
`05/19/2022
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the matter of Trademark Application Serial No. 90/315,028
`for: VITAMINERAL GREEN
`Published in the Official Gazette (Trademarks) on March 22, 2022
`
`
`
`Vitaminerals LLC,
`
`
`
`
`
`Opposer,
`
`
`
`
`
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`v.
`
`
`
`
`
`Integrity Alliance Inc.,
`
`
`
`
`
`Applicant.
`
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`NOTICE OF OPPOSITION
`
`
`
`
`Opposer, Vitaminerals LLC, a California Limited Liability Company, having a business
`
`address of 1979 Potrero Grande Drive #A, Monterey Park, California 91755 believes that it is
`
`being damaged by Applicant Integrity Alliance Inc.’s U.S. Trademark Serial No. 90/315,028
`
`and hereby opposes the same under the provisions of 15 U.S.C. § 1063. As grounds therefor, it
`
`is alleged that:
`
`1.
`
`Opposer Vitaminerals LLC is the owner and assignee of the trademark
`
`VITAMINERALS.
`
`2.
`
`Opposer is also the applicant of U.S. Trademark Serial. No. 90/788,461 for
`
`VITAMINERALS in International Class 005 for “Dietary and nutritional supplements for
`
`humans in the form of pills, capsules, oils for oral administration comprising nitric oxide, iron,
`
`minerals, protein, fatty acids, and vitamins, with anti-viral, antioxidant, relaxing, anti-
`
`inflammatory, and anti-cramping qualities, for supporting the health of the immune system,
`
`adrenal system, brain, nerves, gastrointestinal (GI) system, bones, vision, ligaments, joints,
`
`
`
`1
`
`
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`spinal disc, heart, hormone system, prostate, and skin, and for supporting sleep, pain
`
`management, detoxification, weight management, and male enhancement and pain relief topical
`
`gels.”.
`
`3.
`
`Opposer and its predecessors in interest have used the VITAMINERALS
`
`trademark continuously in interstate commerce since at least as early as August 1, 1933 in
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`connection with dietary and nutritional supplements goods and services.
`
`4.
`
`Applicant Integrity Alliance Inc. is the applicant of Trademark Serial No.
`
`90/315,028 for VITAMINERAL GREEN.
`
`5.
`
`Applicant’s Trademark Serial No. 90/315,028 seeks registration in International
`
`Classes 005 for ”Dietary and nutritional supplements”.
`
`6.
`
`On information and belief, Applicant’s earliest use of the trademark
`
`VITAMINERAL GREEN is 1990. Opposer’s use of its trademark has been valid and
`
`continuous since its date of first use and has not been abandoned. Accordingly, Opposer has
`
`rights of priority superior to those of Applicant.
`
`7.
`
`The goods and services set forth in Applicant’s application are similar and related
`
`to those offered by Opposer and are also within the natural zone of expansion of Opposer’s
`
`goods and services.
`
`8.
`
`The trademark VITAMINERAL GREEN is confusingly similar to Opposer’s
`
`VITAMINERALS trademark in terms of its appearance, sound, meaning, and overall
`
`commercial impression and it is likely to cause confusion, mistake, and deception as to an
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`affiliation, connection, or association between Opposer and Applicant, or as to the origin,
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`sponsorship, or approval of Applicant’s goods, all to Opposer detriment, thereby causing
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`Opposer damage.
`
`
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`2
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`9.
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`Furthermore, Opposer believes that Applicant’s maintenance of the
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`VITAMINERAL GREEN trademark application will result in financial and other injury and
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`damage to Opposer in its business because Applicant will have a false claim of rights to the
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`trademark. Moreover, Opposer’s continued and legal use of its VITAMINERALS trademark
`
`will be impaired by the registration of the VITAMINERAL GREEN trademark by Applicant.
`
`Also, Applicant’s trademark application has been cited against Opposer’s trademark application
`
`which may result in refusal of Opposer’s Application pursuant to Section 2(d) of the Lanham
`
`Act.
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`WHEREFORE, Opposer requests that this Notice of Opposition be sustained, and
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`Trademark Serial No. 90/315,028 be denied registration and for such other and further relief as
`
`
`
`
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`may be deemed proper.
`
`
`
`Date: May 19, 2022
`
`
`
`
`
`
`
`
`
`
`
`
`
`/Ben T. Lila/
`By:
`Ben T. Lila
`MANDOUR & ASSOCIATES, APC
`8605 Santa Monica Blvd, Suite 1500
`Los Angeles, CA 90069
`Telephone: (858) 487-9300
`Email: blila@mandourlaw.com
`Attorneys for Opposer,
`
`Vitaminerals LLC
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
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