Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1217719
`06/27/2022
`
`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
`
`Standard Homeopathic Company
`
`Granted to date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`06/25/2022
`
`210 WEST 131ST STREET
`LOS ANGELES, CA 90061
`UNITED STATES
`
`TIMOTHY M. KENNY
`NORTON ROSE FULBRIGHT US LLP
`98 SAN JACINTO BOULEVARD, SUITE 1100
`AUSTIN, TX 78701
`UNITED STATES
`Primary email: mnipdocket@nortonrosefulbright.com
`Secondary email(s): HylandsTM@nortonrosefulbright.com
`612-321-2800
`
`Docket no.
`
`STDH.T0972US
`
`Applicant information
`
`Application no.
`
`90692289
`
`Opposition filing
`date
`
`Applicant
`
`06/27/2022
`
`HIGHLAND ESTHETICS LLC
`3920 W CASSIA STREET
`BOISE, ID 83705
`UNITED STATES
`
`Goods/services affected by opposition
`
`Publication date
`
`04/26/2022
`
`Opposition period
`ends
`
`06/25/2022
`
`Class 003. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Eye cream; Skin cleansers; Sunscreen
`creams; Beauty masks for faces; Body lotion; Cosmetic sunscreen preparations; Cosmetic creams for
`skin care; Facial moisturizers; Non-medicated skin care creams and lotions; Skin moisturizers used
`as cosmetics; Skin toners
`
`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.
`
`2172207
`
`Application date
`
`04/29/1996
`
`

`

`Register
`
`Principal
`
`Registration date
`
`07/14/1998
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`HYLAND'S
`
`NONE
`
`Class 003. First use: First Use: 1967 First Use In Commerce: 1967
`cosmetic and cleaning preparations, namely, skin cleaning solutions and toilet
`soap
`Class 005. First use: First Use: 1903 First Use In Commerce: 1903
`homeopathic pharmaceuticals for use in the treatment of acne, arthritis and
`minor muscle and joint pain, back pain, bedwetting, bladder irritation, blem-
`ishes,coughs, colds, colic, cold sores and fever blisters, cramps, diarrhea, flu,
`fevers, gas and stomach upset, headache, hives, incontinence, indigestion, in-
`somnia, irritability, leg cramps, menopause, menstrual cramps, motion sickness,
`muscleinjury, nervous tension, poison ivy andoak, runny nose, sinus, sleepless-
`ness, sneezing, sore throat, teething and upset stomach
`
`U.S. registration
`no.
`
`2977921
`
`Register
`
`Principal
`
`Registration date
`
`07/26/2005
`
`Application date
`
`12/10/2003
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`HYLAND'S SKIN THERAPY
`
`Description of
`mark
`
`Goods/services
`
`U.S. application
`no.
`
`NONE
`
`Class 003. First use: First Use: 2003 First Use In Commerce: 2003
`Face creams, facial moisturizers, body creams, body lotions, hand creams and
`hand lotions
`
`90785581
`
`Application date
`
`06/21/2021
`
`Registration date
`
`NONE
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`HYLAND'S NATURALS
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of the words "HYLAND'S NATURALS" in stylized lettering
`with adesign of two leaves in place of the apostrophe in "HYLAND'S".
`
`Class 003. First use: First Use: None First Use In Commerce: None
`Skin cleansing lotions and creams, soaps of all types including medicated, anti-
`perspirant, deodorant, disinfectant andtoilet soaps, and tablets for the treatment
`of symptoms associated with acne; essences and essential oils; hair care pre-
`parations in this class including hair lotions, shampoos, conditioners, shampoo/
`conditioners, anti-dandruff shampoos, hairsprays, styling mousses and gels, oral
`hygiene products (not being for medical purposes); preparations for the mouth
`and for cleaning the mouth and teeth including mouth fresheners, mouth
`freshenersprays, mouth washes, breath fresheners, toothpaste, dentifrices,
`none of the aforesaid being for medical purposes; suntan and sunscreen prepar-
`ations; Diaper creams, massage oils, chest rubs, body creams for stretchmarks;
`Pet shampoos andskin conditioning care for pets
`Class 005. First use: First Use: None First Use In Commerce: None
`Homeopathic pharmaceuticals, medicines,herbal and natural remedies; dietary
`supplements; homeopathic supplements; natural herbal supplements; Homeo-
`pathic tablets comprising a combination of trace minerals for human consump-
`tion; dietary supplements; vitamin supplements; vitamins; analgesics; antisep-
`tics; medicated soap; medicated soap for babies; anti-bacterial liquid soap; anti-
`bacterial waterless soap; Homeopathic pharmaceuticals forthe use in the treat-
`ment of acne, allergies, arthritis and minor muscle and joint pain, back pain, bed
`wetting, bladderirritation, blemishes, boils and skin eruptions, coughs, colds, col-
`ic, cold sores and fever blisters, cramps, diarrhea,flu, fevers, gas and stomach
`upset, headache, hives, incontinence, indigestion,insomnia, irritability, leg
`cramps, menopause, menstrual cramps, motion sickness, muscle injury,
`nervous tension, poison ivy and oak, runny nose, sinus, sleeplessness, sneez-
`ing, sore throat, teething, and upset stomach; Dietary supplementsfor weight
`management, digestive health, anti-inflammation, immune health, eye health,
`brain health, sleep aid, nutrient boost (fruit and vegetable), energy boost, and
`stress and anxiety relief; Probiotic and prebiotic dietary supplements;Prenatal
`vitamins; Nutritional supplement energy bars; Dietary supplements for pets; Di-
`etary supplements for pets for joint health, skincare, and anti-anxiety;anti-itch
`sprays and creams for pets; drawing salve for animals and horses; Homeopathic
`medicines, herbal and natural remedies for the relief of bruising and hematoma
`to be used topically and orally;Homeopathic pharmaceuticals and homeopathic
`medicines for use in the treatment of accumulation of mucus, nasal discharge,
`itchy throat, ear and nose discomfort, hay fever, watery, itchy and irritatedeyes,
`nausea sinus pressure, sinus pain, sneezing, tiredness and difficulty in falling
`
`

`

`asleep, frequent waking, occasional heartburn, acid indigestion, earache, diaper
`rash, discomfort of pain from gas, cradle cap, and anti-inflammator-
`ies;Homeopathic supplements for young adults and teens used for stress relief;
`Homeopathic pharmaceuticals to relieve severity and duration of symptoms of
`sores and ulcers of the mouth and, for the relief of pain and discomfort of gums
`or tongue associated with canker sores; Homeopathic pharmaceuticals, homeo-
`pathic medication, and dietary supplements for use inthe treatment of symptoms
`of menopause,skin with redness, lack of hydration, skin disorders, wrinkles,
`brown spots, acne, varicose veins; Homeopathic pharmaceuticals and homeo-
`pathic medication for use in the care and hygiene of skin, namely, creams, lo-
`tions, gels, milks, serums, masks, emulsions for use in treating skin with red-
`ness, lack of hydration, skin disorders, wrinkles, dark spots, acne;Homeopathic
`pharmaceuticals and homeopathic medication for use to aid in propercellular hy-
`dration formulated to protect skin quality and maintain and promote skin elasti-
`city and firmness; Homeopathic pharmaceuticals for use in the treatment and re-
`lief of body aches and pain, joint pain, back pain, leg and hip pain, muscular
`pain, arthritis pain, joint stiffness, leg cramps, foot cramps, and lower back
`cramps; homeopathic pharmaceuticals for alleviating chronic and acute rheum-
`atic pains and body aches in the back,joints, legs, neck; homeopathic pharma-
`ceuticals to aid in the relief of occasional sleeplessness or restlessness due
`tominor arthritis pain; Topical creams for anti-chafing and muscle recovery
`Class 029. First use: First Use: None First Use In Commerce: None
`Fruit-based or nut-based meal replacement bars for boosting energy
`Class 030. First use: First Use: None First Use In Commerce: None
`Energy gels; Grain-based energy bars
`Class 032. First use: First Use: None First Use In Commerce: None
`Powders used in the preparation of energy drinks or energy recovery drinks
`Class 035. First use: First Use: None First Use In Commerce: None
`Retail store services, online retail store services and mail order services featur-
`ing homeopathic products, vitamins, supplements, skin care, and personal hy-
`giene; Promoting public awareness of natural and homeopathic remedies in the
`fields of aging, health, wellness, fitness and exercise for increased healthy
`lifespans; On-line retail store services featuring medical products in the field of
`complementary and alternative medicine
`Class 041. First use: First Use: None First Use In Commerce: None
`Providing publications in the nature ofnewsletters, reports, reference materials,
`journals, magazines, articles, catalogs and brochures in the fields of vitamins,
`supplements, dietary supplements, herbal and natural remedies, homeopathic
`pharmacopoeia standards, homeopathic drugs, skin care, and personal hygiene
`Class 044. First use: First Use: None First Use In Commerce: None
`Providing information in the field of complementary and alternative medicine
`
`U.S. application
`no.
`
`90736279
`
`Application date
`
`05/26/2021
`
`Registration date
`
`NONE
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`HYLAND'S NATURALS
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of the words "HYLAND'S NATURALS" in stylized lettering
`with adesign of two leaves in place of the apostrophe in "HYLAND'S".
`
`Class 003. First use: First Use: None First Use In Commerce: None
`Skin cleansing lotions and creams, soaps of all types including medicated, anti-
`perspirant, deodorant, disinfectant andtoilet soaps, and tablets for the treatment
`of symptoms associated with acne; essences and essential oils; hair care pre-
`parations in this class including hair lotions, shampoos, conditioners, shampoo/
`conditioners, anti-dandruff shampoos, hairsprays, styling mousses and gels, oral
`hygiene products (not being for medical purposes); preparations for the mouth
`and for cleaning the mouth and teeth including mouth fresheners, mouth
`freshenersprays, mouth washes, breath fresheners, toothpaste, dentifrices,
`none of the aforesaid being for medical purposes; suntan and sunscreen prepar-
`ations; Diaper creams, massage oils, chest rubs, body creams for stretchmarks;
`Pet shampoos andskin conditioning care for pets
`Class 005. First use: First Use: None First Use In Commerce: None
`Homeopathic pharmaceuticals, medicines,herbal and natural remedies; dietary
`supplements; homeopathic supplements; natural herbal supplements; Homeo-
`pathic tablets comprising a combination of trace minerals for human consump-
`tion; dietary supplements; vitamin supplements; vitamins; analgesics; antisep-
`tics; medicated soap; medicated soap for babies; anti-bacterial liquid soap; anti-
`bacterial waterless soap; Homeopathic pharmaceuticals forthe use in the treat-
`ment of acne, allergies, arthritis and minor muscle and joint pain, back pain, bed
`wetting, bladderirritation, blemishes, boils and skin eruptions, coughs, colds, col-
`ic, cold sores and fever blisters, cramps, diarrhea,flu, fevers, gas and stomach
`upset, headache, hives, incontinence, indigestion,insomnia, irritability, leg
`cramps, menopause, menstrual cramps, motion sickness, muscle injury,
`nervous tension, poison ivy and oak, runny nose, sinus, sleeplessness, sneez-
`ing, sore throat, teething, and upset stomach; Dietary supplementsfor weight
`management, digestive health, anti-inflammation, immune health, eye health,
`brain health, sleep aid, nutrient boost (fruit and vegetable), energy boost, and
`stress and anxiety relief; Probiotic and prebiotic dietary supplements;Prenatal
`vitamins; Nutritional supplement energy bars; Dietary supplements for pets; Di-
`etary supplements for pets for joint health, skincare, and anti-anxiety;anti-itch
`sprays and creams for pets; drawing salve for animals and horses; Homeopathic
`medicines, herbal and natural remedies for the relief of bruising and hematoma
`to be used topically and orally;Homeopathic pharmaceuticals and homeopathic
`medicines for use in the treatment of accumulation of mucus, nasal discharge,
`itchy throat, ear and nose discomfort, hay fever, watery, itchy and irritatedeyes,
`nausea sinus pressure, sinus pain, sneezing, tiredness and difficulty in falling
`asleep, frequent waking, occasional heartburn, acid indigestion, earache, diaper
`rash, discomfort of pain from gas, cradle cap, and anti-inflammator-
`ies;Homeopathic supplements for young adults and teens used for stress relief;
`Homeopathic pharmaceuticals to relieve severity and duration of symptoms of
`sores and ulcers of the mouth and, for the relief of pain and discomfort of gums
`or tongue associated with canker sores; Homeopathic pharmaceuticals, homeo-
`pathic medication, and dietary supplements for use inthe treatment of symptoms
`of menopause,skin with redness, lack of hydration, skin disorders, wrinkles,
`brown spots, acne, varicose veins; Homeopathic pharmaceuticals and homeo-
`
`

`

`pathic medication for use in the care and hygiene of skin, namely, creams, lo-
`tions, gels, milks, serums, masks, emulsions for use in treating skin with red-
`ness, lack of hydration, skin disorders, wrinkles, dark spots, acne;Homeopathic
`pharmaceuticals and homeopathic medication for use to aid in propercellular hy-
`dration formulated to protect skin quality and maintain and promote skin elasti-
`city and firmness; Homeopathic pharmaceuticals for use in the treatment and re-
`lief of body aches and pain, joint pain, back pain, leg and hip pain, muscular
`pain, arthritis pain, joint stiffness, leg cramps, foot cramps, and lower back
`cramps; homeopathic pharmaceuticals for alleviating chronic and acute rheum-
`atic pains and body aches in the back,joints, legs, neck; homeopathic pharma-
`ceuticals to aid in the relief of occasional sleeplessness or restlessness due
`tominor arthritis pain; Topical creams for anti-chafing and muscle recovery
`Class 029. First use: First Use: None First Use In Commerce: None
`Fruit-based or nut-based meal replacement bars for boosting energy
`Class 030. First use: First Use: None First Use In Commerce: None
`Energy gels; Grain-based energy bars
`Class 032. First use: First Use: None First Use In Commerce: None
`Powders used in the preparation of energy drinks or energy recovery drinks
`Class 035. First use: First Use: None First Use In Commerce: None
`Retail store services, online retail store services and mail order services featur-
`ing homeopathic products, vitamins, supplements, skin care, and personal hy-
`giene; Promoting public awareness of natural and homeopathic remedies in the
`fields of aging, health, wellness, fitness and exercise for increased healthy
`lifespans; On-line retail store services featuring medical products in the field of
`complementary and alternative medicine
`Class 041. First use: First Use: None First Use In Commerce: None
`Providing publications in the nature ofnewsletters, reports, reference materials,
`journals, magazines, articles, catalogs and brochures in the fields of vitamins,
`supplements, dietary supplements, herbal and natural remedies, homeopathic
`pharmacopoeia standards, homeopathic drugs, skin care, and personal hygiene
`Class 044. First use: First Use: None First Use In Commerce: None
`Providing information in the field of complementary and alternative medicine
`
`U.S. application
`no.
`
`90736273
`
`Application date
`
`05/26/2021
`
`Registration date
`
`NONE
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`HYLAND'S NATURALS
`
`NONE
`
`Class 003. First use: First Use: None First Use In Commerce: None
`Skin cleansing lotions and creams, soaps of all types including medicated, anti-
`perspirant, deodorant, disinfectant andtoilet soaps, and tablets for the treatment
`of symptoms associated with acne; essences and essential oils; hair care pre-
`parations in this class including hair lotions, shampoos, conditioners, shampoo/
`conditioners, anti-dandruff shampoos, hairsprays, styling mousses and gels, oral
`hygiene products (not being for medical purposes); preparations for the mouth
`and for cleaning the mouth and teeth including mouth fresheners, mouth
`freshenersprays, mouth washes, breath fresheners, toothpaste, dentifrices,
`none of the aforesaid being for medical purposes; suntan and sunscreen prepar-
`ations; Diaper creams, massage oils, chest rubs, body creams for stretchmarks;
`Pet shampoos andskin conditioning care for pets
`Class 005. First use: First Use: None First Use In Commerce: None
`
`

`

`Homeopathic pharmaceuticals, medicines,herbal and natural remedies; dietary
`supplements; homeopathic supplements; natural herbal supplements; Homeo-
`pathic tablets comprising a combination of trace minerals for human consump-
`tion; dietary supplements; vitamin supplements; vitamins; analgesics; antisep-
`tics; medicated soap; medicated soap for babies; anti-bacterial liquid soap; anti-
`bacterial waterless soap; Homeopathic pharmaceuticals forthe use in the treat-
`ment of acne, allergies, arthritis and minor muscle and joint pain, back pain, bed
`wetting, bladderirritation, blemishes, boils and skin eruptions, coughs, colds, col-
`ic, cold sores and fever blisters, cramps, diarrhea,flu, fevers, gas and stomach
`upset, headache, hives, incontinence, indigestion,insomnia, irritability, leg
`cramps, menopause, menstrual cramps, motion sickness, muscle injury,
`nervous tension, poison ivy and oak, runny nose, sinus, sleeplessness, sneez-
`ing, sore throat, teething, and upset stomach; Dietary supplementsfor weight
`management, digestive health, anti-inflammation, immune health, eye health,
`brain health, sleep aid, nutrient boost (fruit and vegetable), energy boost, and
`stress and anxiety relief; Probiotic and prebiotic dietary supplements;Prenatal
`vitamins; Nutritional supplement energy bars; Dietary supplements for pets; Di-
`etary supplements for pets for joint health, skincare, and anti-anxiety;anti-itch
`sprays and creams for pets; drawing salve for animals and horses; Homeopathic
`medicines, herbal and natural remedies for the relief of bruising and hematoma
`to be used topically and orally;Homeopathic pharmaceuticals and homeopathic
`medicines for use in the treatment of accumulation of mucus, nasal discharge,
`itchy throat, ear and nose discomfort, hay fever, watery, itchy and irritatedeyes,
`nausea sinus pressure, sinus pain, sneezing, tiredness and difficulty in falling
`asleep, frequent waking, occasional heartburn, acid indigestion, earache, diaper
`rash, discomfort of pain from gas, cradle cap, and anti-inflammator-
`ies;Homeopathic supplements for young adults and teens used for stress relief;
`Homeopathic pharmaceuticals to relieve severity and duration of symptoms of
`sores and ulcers of the mouth and, for the relief of pain and discomfort of gums
`or tongue associated with canker sores; Homeopathic pharmaceuticals, homeo-
`pathic medication, and dietary supplements for use inthe treatment of symptoms
`of menopause,skin with redness, lack of hydration, skin disorders, wrinkles,
`brown spots, acne, varicose veins; Homeopathic pharmaceuticals and homeo-
`pathic medication for use in the care and hygiene of skin, namely, creams, lo-
`tions, gels, milks, serums, masks, emulsions for use in treating skin with red-
`ness, lack of hydration, skin disorders, wrinkles, dark spots, acne;Homeopathic
`pharmaceuticals and homeopathic medication for use to aid in propercellular hy-
`dration formulated to protect skin quality and maintain and promote skin elasti-
`city and firmness; Homeopathic pharmaceuticals for use in the treatment and re-
`lief of body aches and pain, joint pain, back pain, leg and hip pain, muscular
`pain, arthritis pain, joint stiffness, leg cramps, foot cramps, and lower back
`cramps; homeopathic pharmaceuticals for alleviating chronic and acute rheum-
`atic pains and body aches in the back,joints, legs, neck; homeopathic pharma-
`ceuticals to aid in the relief of occasional sleeplessness or restlessness due
`tominor arthritis pain; Topical creams for anti-chafing and muscle recovery
`Class 029. First use: First Use: None First Use In Commerce: None
`Fruit-based or nut-based meal replacement bars for boosting energy
`Class 030. First use: First Use: None First Use In Commerce: None
`Energy gels; Grain-based energy bars
`Class 032. First use: First Use: None First Use In Commerce: None
`Powders used in the preparation of energy drinks or energy recovery drinks
`Class 035. First use: First Use: None First Use In Commerce: None
`Retail store services, online retail store services and mail order services featur-
`ing homeopathic products, vitamins, supplements, skin care, and personal hy-
`giene; Promoting public awareness of natural and homeopathic remedies in the
`fields of aging, health, wellness, fitness and exercise for increased healthy
`lifespans; On-line retail store services featuring medical products in the field of
`
`

`

`complementary and alternative medicine
`Class 041. First use: First Use: None First Use In Commerce: None
`Providing publications in the nature ofnewsletters, reports, reference materials,
`journals, magazines, articles, catalogs and brochures in the fields of vitamins,
`supplements, dietary supplements, herbal and natural remedies, homeopathic
`pharmacopoeia standards, homeopathic drugs, skin care, and personal hygiene
`Class 044. First use: First Use: None First Use In Commerce: None
`Providing information in the field of complementary and alternative medicine
`
`Attachments
`
`76566096#TMSN.png( bytes )
`90785581#TMSN.png( bytes )
`90736279#TMSN.png( bytes )
`90692289 HIGHLAND SKINCARE Notice of Opposition with Exhibit.pdf(354163
`bytes )
`
`Signature
`
`/Timothy M. Kenny/
`
`Name
`
`Date
`
`TIMOTHY M. KENNY
`
`06/27/2022
`
`

`

`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of Application Serial No. 90/692,289
`For the Mark: HIGHLAND SKINCARE
`By: Highland Esthetics LLC
`Filed: May 5, 2021
`Published in the Official Gazette: April 26, 2022
`
`
`STANDARD HOMEOPATHIC COMPANY,
`
`
`
`v.
`
`HIGHLAND ESTHETICS LLC,
`
`
`
`
`
`
`
`
`
`
`Opposition No. __________
`
`
`
`
`
`Opposer,
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`
`
`Opposer, Standard Homeopathic Company, d/b/a Hyland’s Naturals (hereinafter
`
`“Hyland’s Naturals”), a Nevada corporation having a business address of 210 West 131st Street,
`
`Los Angeles, CA 90061, believes that it will be damaged by registration of Application Serial No.
`
`90/692,289 (the “Application”) and hereby opposes the Application on the grounds of priority and
`
`likelihood of confusion pursuant to 15 U.S.C. §§ 1052(d) and 1063.
`
`
`
`As grounds for opposition, Hyland’s Naturals alleges the following:
`
`
`
`1.
`
`Since 1903, Hyland’s Naturals has been an industry leader in providing homeopathic
`
`products. Over time, such products have included, but are not limited to, skincare, face creams,
`
`vitamins, sleep aids, pain relief, baby products, and a host of other natural products designed to
`
`improve day-to-day life.
`
`2.
`
`Hyland’s Naturals currently sells its products in thousands of pharmacies and retail
`
`stores nationwide, through online marketplaces, and through its own website at www.hylands.com.
`
`
`
`

`

`
`
`3.
`
`Since at least as early as 1903, Hyland’s Naturals has continuously, extensively, and
`
`exclusively used the Hyland’s name and the HYLAND’S mark, and various other marks comprised
`
`of or incorporating “Hyland’s” (collectively, the “HYLAND’S Marks”) in connection with
`
`homeopathic pharmaceuticals. Since then, Hyland’s Naturals’ use of the HYLAND’S Marks has
`
`expanded to cover a large number and wide variety of goods and services, in many industries and
`
`markets, and in many channels in the United States.
`
`4.
`
`In accordance with federal law, Hyland’s Naturals has registered the following
`
`HYLAND’S Marks, among others, on the Principal Register of the United States Patent and
`
`Trademark Office:
`
`MARK
`
`REG. NO.
`
`SERVICES
`
`ISSUE DATE
`
`HYLAND’S
`
`2,172,207
`
`July 14, 1998
`
`Class 3: cosmetic and cleaning
`preparations, namely, skin
`cleaning solutions and toilet
`soap;
`
`Class 5: homeopathic
`pharmaceuticals for use in the
`treatment of acne, arthritis and
`minor muscle and joint pain,
`back pain, bed wetting, bladder
`irritation, blemishes, coughs,
`colds, colic, cold sores and fever
`blisters, cramps, diarrhea, flu,
`fevers, gas and stomach upset,
`headache, hives, incontinence,
`indigestion, insomnia, irritability,
`leg cramps, menopause,
`menstrual cramps, motion
`sickness, muscle injury, nervous
`tension, poison ivy and oak,
`runny nose, sinus, sleeplessness,
`sneezing, sore throat, teething
`and upset stomach.
`
`
`
`
`
`2
`
`

`

`
`
`MARK
`
`REG. NO.
`
`SERVICES
`
`ISSUE DATE
`
`HYLAND’S
`SKIN
`THERAPY
`
`2,977,921
`
`Class 3: Face creams, facial
`moisturizers, body creams, body
`lotions, hand creams and hand
`lotions.
`
`
`May 28, 2002
`
`
`5.
`
`6.
`
`7.
`
`Registration No. 2,172,207 is valid.
`
`Registration No. 2,172,207 is subsisting.
`
`Registration No. 2,172,207 is incontestable pursuant to Section 15 of the Lanham Act,
`
`15 U.S.C. § 1065.
`
`8.
`
`9.
`
`Registration No. 2,977,921 is valid.
`
`Registration No. 2,977,921 is subsisting.
`
`10.
`
`Registration No. 2,977,921 is incontestable pursuant to Section 15 of the Lanham Act,
`
`15 U.S.C. § 1065.
`
`11.
`
`In addition to its federal registrations, Hyland’s Naturals is the owner of the following
`
`pending U.S. Trademark Applications:
`
`MARK
`HYLAND’S
`NATURALS and
`Design
`
`SER. NO.
`90/785,581
`
`FILED
`June 21, 2021
`
`SERVICES
`Class 3: Skin cleansing lotions
`and creams, soaps of all types
`including medicated, anti-
`perspirant, deodorant,
`disinfectant and toilet soaps, and
`tablets for the treatment of
`symptoms associated with acne;
`essences and essential oils; hair
`care preparations in this class
`including hair lotions, shampoos,
`conditioners,
`shampoo/conditioners, anti-
`dandruff shampoos, hairsprays,
`styling mousses and gels, oral
`hygiene products (not being for
`medical purposes); preparations
`for the mouth and for cleaning
`
`
`
`
`3
`
`

`

`
`
`MARK
`
`SER. NO.
`
`FILED
`
`SERVICES
`the mouth and teeth including
`mouth fresheners, mouth
`freshener sprays, mouth washes,
`breath fresheners, toothpaste,
`dentifrices, none of the aforesaid
`being for medical purposes; sun
`tan and sunscreen preparations;
`Diaper creams, massage oils,
`chest rubs, body creams for
`stretchmarks; Pet shampoos and
`skin conditioning care for pets;
`
`Class 5: Homeopathic
`pharmaceuticals, medicines,
`herbal and natural remedies;
`dietary supplements;
`homeopathic supplements;
`natural herbal supplements;
`Homeopathic tablets comprising
`a combination of trace minerals
`for human consumption; dietary
`supplements; vitamin
`supplements; vitamins;
`analgesics; antiseptics;
`medicated soap; medicated soap
`for babies; anti-bacterial liquid
`soap; anti-bacterial waterless
`soap; Homeopathic
`pharmaceuticals for the use in the
`treatment of acne, allergies,
`arthritis and minor muscle and
`joint pain, back pain, bed
`wetting, bladder irritation,
`blemishes, boils and skin
`eruptions, coughs, colds, colic,
`cold sores and fever blisters,
`cramps, diarrhea, flu, fevers, gas
`and stomach upset, headache,
`hives, incontinence, indigestion,
`insomnia, irritability, leg cramps,
`menopause, menstrual cramps,
`motion sickness, muscle injury,
`nervous tension, poison ivy and
`oak, runny nose, sinus,
`sleeplessness, sneezing, sore
`
`
`
`
`4
`
`

`

`
`
`MARK
`
`SER. NO.
`
`FILED
`
`SERVICES
`throat, teething, and upset
`stomach; Dietary supplements
`for weight management,
`digestive health, anti-
`inflammation, immune health,
`eye health, brain health, sleep
`aid, nutrient boost (fruit and
`vegetable), energy boost, and
`stress and anxiety relief;
`Probiotic and prebiotic dietary
`supplements; Prenatal vitamins;
`Nutritional supplement energy
`bars; Dietary supplements for
`pets; Dietary supplements for
`pets for joint health, skincare,
`and anti-anxiety; anti-itch sprays
`and creams for pets; drawing
`salve for animals and horses;
`Homeopathic medicines, herbal
`and natural remedies for the
`relief of bruising and hematoma
`to be used topically and orally;
`Homeopathic pharmaceuticals
`and homeopathic medicines for
`use in the treatment of
`accumulation of mucus, nasal
`discharge, itchy throat, ear and
`nose discomfort, hay fever,
`watery, itchy and irritated eyes,
`nausea sinus pressure, sinus pain,
`sneezing, tiredness and difficulty
`in falling asleep, frequent
`waking, occasional heartburn,
`acid indigestion, earache, diaper
`rash, discomfort of pain from
`gas, cradle cap, and anti-
`inflammatories; Homeopathic
`supplements for young adults
`and teens used for stress relief;
`Homeopathic pharmaceuticals to
`relieve severity and duration of
`symptoms of sores and ulcers of
`the mouth and, for the relief of
`pain and discomfort of gums or
`tongue associated with canker
`
`
`
`
`5
`
`

`

`
`
`MARK
`
`SER. NO.
`
`FILED
`
`SERVICES
`sores; Homeopathic
`pharmaceuticals, homeopathic
`medication, and dietary
`supplements for use in the
`treatment of symptoms of
`menopause, skin with redness,
`lack of hydration, skin disorders,
`wrinkles, brown spots, acne,
`varicose veins; Homeopathic
`pharmaceuticals and
`homeopathic medication for use
`in the care and hygiene of skin,
`namely, creams, lotions, gels,
`milks, serums, masks, emulsions
`for use in treating skin with
`redness, lack of hydration, skin
`disorders, wrinkles, dark spots,
`acne; Homeopathic
`pharmaceuticals and
`homeopathic medication for use
`to aid in proper cellular hydration
`formulated to protect skin quality
`and maintain and promote skin
`elasticity and firmness;
`Homeopathic pharmaceuticals
`for use in the treatment and relief
`of body aches and pain, joint
`pain, back pain, leg and hip pain,
`muscular pain, arthritis pain,
`joint stiffness, leg cramps, foot
`cramps, and lower back cramps;
`homeopathic pharmaceuticals for
`alleviating chronic and acute
`rheumatic pains and body aches
`in the back, joints, legs, neck;
`homeopathic pharmaceuticals to
`aid in the relief of occasional
`sleeplessness or restlessness due
`to minor arthritis pain; Topical
`creams for anti-chafing and
`muscle recovery;
`
`Class 29: Fruit-based or nut-
`based meal replacement bars for
`boosting energy;
`
`
`
`
`6
`
`

`

`
`
`MARK
`
`SER. NO.
`
`HYLAND’S
`NATURALS and
`Design
`
`90/736,279
`
`SERVICES
`
`Class 30: Energy gels; Grain-
`based energy bars;
`
`Class 32: Powders used in the
`preparation of energy drinks or
`energy recovery drinks;
`
`Class 35: Retail store services,
`online retail store services and
`mail order services featuring
`homeopathic products, vitamins,
`supplements, skin care, and
`personal hygiene; Promoting
`public awareness of natural and
`homeopathic remedies in the
`fields of aging, health, wellness,
`fitness and exercise for increased
`healthy lifespans; On-line retail
`store services featuring medical
`products in the field of
`complementary and alternative
`medicine;
`
`Class 41: Providing publications
`in the nature of newsletters,
`reports, reference materials,
`journals, magazines, articles,
`catalogs and brochures in the
`fields of vitamins, supplements,
`dietary supplements, herbal and
`natural remedies, homeopathic
`pharmacopoeia standards,
`homeopathic drugs, skin care,
`and personal hygiene;
`
`Class 44: Providing information
`in the field of complementary
`and alternative medicine.
`
`Class 3: Skin cleansing lotions
`and creams, soaps of all types
`including medicated, anti-
`perspirant, deodorant,
`disinfectant and toilet soaps, and
`
`FILED
`
`May 26, 2021
`
`
`
`
`7
`
`

`

`
`
`MARK
`
`SER. NO.
`
`FILED
`
`SERVICES
`tablets for the treatment of
`symptoms associated with acne;
`essences and essential oils; hair
`care preparations in this class
`including hair lotions, shampoos,
`conditioners,
`shampoo/conditioners, anti-
`dandruff shampoos, hairsprays,
`styling mousses and gels, oral
`hygiene products (not being for
`medical purposes); preparations
`for the mouth and for cleaning
`the mouth and teeth including
`mouth fresheners, mouth
`freshener sprays, mouth washes,
`breath fresheners, toothpaste,
`dentifrices, none of the aforesaid
`being for medical purposes; sun
`tan and sunscreen preparations;
`Diaper creams, massage oils,
`chest rubs, body creams for
`stretchmarks; Pet shampoos and
`skin conditioning care for pets;
`
`Class 5: Homeopathic
`pharmaceuticals, medicines,
`herbal and natural remedies;
`dietary supplements;
`homeopathic supplements;
`natural herbal supplements;
`Homeopathic tablets comprising
`a combination of trace minerals
`for human consumption; dietary
`s