Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1259431
`01/11/2023
`
`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
`
`FoodScience, LLC
`
`Granted to date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`01/11/2023
`
`929 HARVEST LANE
`WILLISTON, VT 05495
`UNITED STATES
`
`CATHLEEN E. STADECKER
`DOWNS RACHLIN MARTIN PLLC
`199 MAIN STREET
`BURLINGTON, VT 05401
`UNITED STATES
`Primary email: tmip@drm.com
`802-863-2375
`
`Docket no.
`
`Applicant information
`
`Application no.
`
`90882211
`
`Opposition filing
`date
`
`Applicant
`
`01/11/2023
`
`Publication date
`
`09/13/2022
`
`Opposition period
`ends
`
`01/11/2023
`
`HYLAND'S CONSUMER HEALTH, INC.
`13301 S. MAIN STREET
`LOS ANGELES, CA 90061
`UNITED STATES
`
`Goods/services affected by opposition
`
`Class 003. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Skin cleansing lotions and creams; non-
`medicated soaps; antiperspirant soap; toilet soap; ethereal essences, flower essences for cosmetic
`purposes, and essential oils; hair care preparations including hair lotions, shampoos, conditioners,
`shampoo/conditioners, anti-dandruff shampoos, hairsprays, and styling mousses and gels; oral hy-
`giene products not for medical purposes, namely, toothpaste and mouthwash; cosmetic preparations
`for the care of the mouth and teeth, namely, breath freshening sprays, mouth washes, breath
`freshening liquid, breath freshening strips, toothpaste, dentifrices, none of the aforesaid being for
`medical purposes; sun tanning and sunscreen preparations; non-medicated diaper rash cream; mas-
`sage oils; body creams for stretchmarks; pet shampoos and skin conditioners for pets
`
`Class 005. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Medicated soaps; disinfectant soap; medic-
`ated antiperspirant soap; pharmaceutical preparations in the nature of tablets for the treatment of
`symptoms associated with acne; medicated diaper rash cream; chest rubs, namely, medicinal syrups
`for the treatment of chest congestion; dietary supplements; homeopathic supplements; natural herbal
`
`

`

`supplements; homeopathic mineral supplements in the form of tablets comprising a combination of
`trace minerals for human consumption; vitamin supplements; vitamins; analgesics; antiseptics; med-
`icated 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 up-
`set, headache, hives, incontinence, indigestion, insomnia, irritability, leg cramps, menopause, men-
`strual cramps, motion sickness, muscle injury, nervous tension, poison ivy and oak, runny nose, si-
`nus, sleeplessness, sneezing, sore throat, teething, and upset stomach; dietary supplements for
`weight management, digestive health, anti-inflammation, immune health, eye health, brain health,
`sleep aid, fruit and vegetable nutrient boost, energy boost, and stress and anxiety relief; probiotic and
`prebiotic dietary supplements; prenatal vitamins; nutritional supplement energy bars; dietary supple-
`ments for pets; dietary supplements for pets for joint health, skincare, and anti-anxiety; anti-itch
`sprays and creams for pets; drawing salve in the nature of sore skin ointment for animals and horses;
`homeopathic medicines, and medicinal herbal and natural remedy preparations, all for the treatment
`of bruising and hematoma, to be used topically and orally; homeopathic pharmaceuticals and homeo-
`pathic medicines, all 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 pharma-
`ceuticals 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 pharma-
`ceuticals, homeopathic medication, and dietary supplements, all 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, all for use in the care
`and hygiene of skin, namely, creams, lotions, gels, milks, serums, masks, emulsions for use in treat-
`ing skin with redness, lack of hydration, skin disorders, wrinkles, dark spots, acne; homeopathic phar-
`maceuticals and homeopathic medication, all for use to aid in proper cellular hydration formulated to
`protect skin quality and maintain and promote skin elasticity and firmness; homeopathic pharmaceut-
`icals 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; homeo-
`pathic 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 therapeutic muscle recov-
`ery
`
`Class 035. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Retail store services, online retail store ser-
`vices 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 ser-
`vices featuring medical products in the field of complementary and alternative medicine
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Other
`
`Common law trademark rights
`
`Mark cited by opposer as basis for opposition
`
`U.S. registration
`no.
`
`6322068
`
`Register
`
`Principal
`
`Registration date
`
`04/13/2021
`
`Word mark
`
`NONE
`
`Application date
`
`09/22/2020
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of a stylized letter V with a leaf design on either side of the V.
`
`Class 005. First use: First Use: Aug 19, 1991 First Use In Commerce: Aug 19,
`1991
`Full line of dietary and nutritional supplements for pets and animals
`Class 031. First use: First Use: Jul 15, 2019 First Use In Commerce: Jul 15,
`2019
`Pet food; edible pet treats; edible dog treats; edible pet treats designed to hide
`medicine; edible chews for pets
`
`Attachments
`
`90201112#TMSN.png( bytes )
`Hylands Notice of Opposition 211 Application.pdf(3041257 bytes )
`
`Signature
`
`/Cathleen E. Stadecker/
`
`Name
`
`Date
`
`Cathleen E. Stadecker
`
`01/11/2023
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Application Serial No. 90882211 for
`Published in the Official Gazette of September 13, 2022
`
`FoodScience, LLC,
`
`
`
`Opposer,
`
`--------------------------------------------------------------x
`:
`:
`:
`:
`:
`:
`:
`Hyland’s Consumer Health, Inc.
`:
`
`Applicant.
`--------------------------------------------------------------x
`
`v.
`
`Opposition No.:
`
`NOTICE OF OPPOSITION
`
`FoodScience, LLC, a Vermont limited liability company with an address at 929 Harvest
`
`Lane, Williston, Vermont 05495 (hereinafter, “Opposer”), believes that it will be damaged by
`
`the registration of the mark which is set forth in Application Serial No. 90882211, filed by
`
`Hyland’s Consumer Health, Inc., a Nevada corporation with an address at 13301 S. Main street,
`
`Los Angeles, California 90061 (hereinafter, “Applicant”), and hereby opposes registration of the
`
`same.
`
`As grounds for opposition, Opposer alleges as follows:
`
`1.
`
`Opposer uses the design mark
`
`in the U.S. in connection with a full line of
`
`dietary and nutritional supplements for pets and animals, as well as pet food and pet treats, with
`
`use dating from at least as early as August 19, 1991 (the “VetriScience Leaf Mark”).
`
`2.
`
`Opposer is the owner of U.S. Registration No. 6322068 for its VetriScience Leaf
`
`Mark for “Full line of dietary and nutritional supplements for pets and animals” in International
`
`Class 5 and “Pet food; edible pet treats; edible dog treats; edible pet treats designed to hide
`
`1
`
`

`

`medicine; edible chews for pets” in International Class 31. A true and correct copy of a printout
`
`from TSDR setting forth the details of the registration, which issued on April 13, 2021, is attached
`
`as Exhibit A.
`
`3.
`
`On August 13, 2021, Applicant filed an application, Serial No. 90882211, to
`
`register the design mark
`
`, based on its alleged intent to use the mark in commerce in
`
`connection with, inter alia, “pet shampoos and skin conditioners for pets” in International Class 3,
`
`“dietary supplements for pets; dietary supplements for pets for joint health, skincare, and anti-
`
`anxiety; anti-itch sprays and creams for pets” and “drawing salve in the nature of sore skin
`
`ointment for animals and horses” in International Class 5, and “Retail store services, online retail
`
`store services and mail order services featuring homeopathic products, vitamins, supplements,” in
`
`International Class 35 (the “Application”). A true and correct copy of a printout from TSDR
`
`setting forth the details of the Application is attached as Exhibit B.
`
`4.
`
`On information and belief, Opposer’s VetriScience Leaf Mark has been in
`
`continuous use in commerce since before any use by Applicant of the mark set forth in the
`
`Application.
`
`5.
`
`In view of the fact that the leaf design mark in the Application is highly similar to
`
`Opposer’s VetriScience Leaf Mark, and the fact that certain goods/services set forth in
`
`International Classes 3, 5 and 35 of the Application are overlapping with and/or highly related to
`
`those offered under the VetriScience Leaf Mark, the mark in the Application is likely to cause
`
`confusion, or to cause mistake, or to deceive within the meaning of Section 2(d) of the Trademark
`
`Act. Opposer will thereby be injured by the registration of Application Serial No. 90882211.
`
`2
`
`

`

`WHEREFORE, Opposer asks that this Notice of Opposition be sustained and judgment be
`
`entered in favor of Opposer.
`
`Date: January 11, 2023
` Burlington, Vermont
`
`Respectfully submitted,
`
`DOWNS RACHLIN MARTIN PLLC
`Attorneys for Opposer
`
`By:______________________________
` Cathleen E. Stadecker, Esq.
` William J. Morris, III, Esq.
`
`21807955.1
`
`3
`
`

`

`Exhibit A
`Exhibit A
`
`Generated on: This page was generated by TSDR on 2023-01-11 14:57:23 EST
`Mark:
`
`US Serial Number: 90201112
`
`US Registration 6322068
`Number:
`
`Register: Principal
`
`Mark Type: Trademark
`TM5 CommonStatus
`Descriptor:
`
`Application Filing Sep. 22, 2020
`Date:
`
`Registration Date: Apr. 13, 2021
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Office.
`
`Status: Registered. The registration date is used to determine whenpost-registration maintenance documents are due.
`Status Date: Apr. 13, 2021
`Publication Date:Jan. 26, 2021
`
`Mark Information
`
`MarkLiteral
`Elements:
`
`None
`
`Standard Character
`Claim:
`
`No
`
`Mark Drawing
`Type:
`
`Description of
`Mark:
`
`Design Search
`Code(s):
`
`2 - AN ILLUSTRATION DRAWING WITHOUT ANY WORDS(S)/ LETTER(S)/NUMBER(S)
`
`The mark consistsofa stylized letter V with a leaf design on eitherside of the V.
`
`05.03.25 - Leaf, single; Other leaves
`
`Goods and Services
`
`Note:
`indicate that the registrant/owner has amendedthe goods/services:
`The following symbols
`e Brackets[..] indicate deleted goods/services;
`e Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`e Asterisks *..* id
`lentify additional (new) wording in the goods/services.
`
`For:
`
`International
`Class(es):
`ClassStatus:
`
`Full line of dietary and nutritional supplements for pets and animals
`
`005 - Primary Class
`
`ACTIVE
`
`U.S Class(es): 005, 006, 018, 044, 046, 051, 052
`
`Basis:
`
`1(a)
`
`First Use:
`
`Aug. 19, 1991
`
`Use in Commerce: Aug. 19, 1991
`
`Pet food; edible pet treats; edible dog treats; edible pet treats designed to hide medicine; edible chewsfor pets
`
`U.S Class(es): 001, 046
`
`Use in Commerce: Jul. 15, 2019
`
`For:
`
`International
`Class(es):
`ClassStatus:
`
`031 - Primary Class
`
`ACTIVE
`
`Basis:
`
`1(a)
`
`First Use:
`
`Jul. 15, 2019
`
`

`

`Filed Use: Yes
`
`Filed ITU: No
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`Filed No Basis: No
`
`Basis Information (Case Level)
`
`Currently Use: Yes
`
`Currently ITU: No
`
`Currently 44E: No
`
`Currently 66A: No
`
`Currently No Basis: No
`
`Current Owner(s) Information
`
`Owner Name: FOODSCIENCE, LLC
`Owner Address: 929 HARVEST LANE
`WILLISTON, VERMONT UNITED STATES05495
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`State or Country VERMONT
`Where Organized:
`Attorney/Correspondence Information
`
`Attorney Name: Cathleen E. Stadecker
`
`Attorney Primary tmip@drm.com
`Email Address:
`
`Attorney of Record
`Docket Number: 07790242UST1
`
`Attorney Email Yes
`Authorized:
`
`Correspondent
`
`Correspondent CATHLEEN E. STADECKER
`Name/Address: DOWNS RACHLIN MARTIN PLLC
`199 MAIN STREET
`BURLINGTON, VERMONT UNITED STATES 05401
`Phone: 802-863-2375
`
`Correspondent e- tmip@drm.com
`mail:
`
`Fax: 802-862-7512
`
`Correspondent e- Yes
`mail Authorized:
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`May 19, 2021
`Apr. 13, 2021
`Mar. 31, 2021
`Jan. 26, 2021
`Jan. 26, 2021
`Jan. 06, 2021
`Dec. 19, 2020
`Dec. 19, 2020
`Oct. 31, 2020
`Oct. 30, 2020
`
`Sep. 25, 2020
`
`Description
`AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP
`REGISTERED-PRINCIPAL REGISTER
`ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY
`OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
`PUBLISHED FOR OPPOSITION
`NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
`APPROVED FOR PUB - PRINCIPAL REGISTER
`ASSIGNED TO EXAMINER
`NOTICE OF DESIGN SEARCH CODEE-MAILED
`NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
`
`NEW APPLICATION ENTERED IN TRAM
`TM Staff and Location Information
`
`TM Staff Information - None
`File Location
`
`Current Location: PUBLICATION AND ISSUE SECTION
`Date in Location: Apr. 13, 2021
`Assignment Abstract Of Title Information
`
`Summary
`
`ene
`
`92457
`
`

`

`Total Assignments:
`
`Registrant: FoodScience Corporation
`
`Conveyance:
`Reel/Frame:
`
`SECURITY INTEREST
`
`7206/0973
`
`Date Recorded:
`
`Mar. 01, 2021
`
`Supporting
`Documents:
`
`assignment-tm-7206-0973.pdf
`
`Name:
`
`FOODSCIENCE CORPORATION
`
`Legal Entity Type:
`
`CORPORATION
`
`Assignment1 of 3
`
`Pages: 9
`
`Assignor
`Execution Date: Mar. 01, 2021
`
`State or Country VERMONT
`Where Organized:
`
`Assignee
`Name: CHURCHILL AGENCY SERVICES LLC, AS AGENTeeeeee
`
`
`
`Legal Entity Type:
`
`LIMITED LIABILITY COMPANY
`
`Address:
`
`430 PARK AVENUE, 14TH FLOOR
`NEW YORK, NEW YORK 10022
`
`Correspondent
`Name:
`
`Correspondent
`Address:
`
`DUSAN CLARK, ESQ.
`
`SIDLEY AUSTIN LLP
`2021 MCKINNEY AVE., SUITE 2000
`DALLAS, TX 75201
`
`Conveyance:
`Reel/Frame:
`
`ENTITY CONVERSION
`
`7229/0135
`
`Date Recorded:
`
`Mar. 22, 2021
`
`Supporting
`Documents:
`
`assignment-tm-7229-0135.pdf
`
`Name:
`
`FOODSCIENCE CORPORATION
`
`Legal Entity Type:
`
`CORPORATION
`
`Name:
`
`———————
`FOODSCIENCE, LLC
`
`Legal Entity Type:
`
`LIMITED LIABILITY COMPANY
`
`Address:
`
`929 HARVEST LANE
`WILLISTON, VERMONT05495
`
`Correspondent
`Name:
`
`WILLIAM J. MORRIS III
`
`Correspondent
`Address:
`
`199 MAIN STREET
`BURLINGTON, VT 05401
`
`Conveyance:
`Reel/Frame:
`
`CHANGE OF NAME
`
`7279/0887
`
`Date Recorded:
`
`May05, 2021
`
`Supporting
`Documents:
`
`assignment-tm-7279-0887.pdf
`
`State or Country DELAWARE
`Where Organized:
`
`Correspondent
`
`Domestic Representative - Not Found
`
`Assignment2 of 3
`
`Pages: 8
`
`Assignor
`Execution Date: Mar. 04, 2021
`
`State or Country VERMONT
`Where Organized:
`
`Assignee
`
`State or Country VERMONT
`Where Organized:
`
`Correspondent
`
`Domestic Representative - Not Found
`
`Assignment3 of 3
`
`Pages: 7
`
`Assignor
`
`

`

`Name: FOODSCIENCE, LLC
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`———————
`Name: FOODSCIENCE, LLC
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`Address: 929 HARVEST LANE
`WILLISTON, VERMONT 05495
`
`Correspondent WILLIAM J. MORRIS III
`Name:
`
`Correspondent 199 MAIN STREET
`Address: BURLINGTON, VT 05401
`
`Execution Date: Apr. 02, 2021
`
`State or Country VERMONT
`Where Organized:
`
`Assignee
`
`State or Country VERMONT
`Where Organized:
`
`Correspondent
`
`Domestic Representative - Not Found
`
`

`

`Generated on: This page was generated by TSDR on 2023-01-11 15:57:33 EST
`Mark:
`
`Exhibit B
`Exhibit B
`
`US Serial Number: 90882211
`
`Application Filing Aug. 13, 2021
`Date:
`
`Register: Principal
`
`Mark Type: Trademark, Service Mark
`
`TM5 CommonStatus
`Descriptor:
`
`
`
`LIVE/APPLICATION/Published for Opposition
`
`A pending trademarkapplication has been examinedby the Office and has
`been published in a way that provides an opportunity for the public to oppose
`its registration.
`
`Status: A request for an extension of time to file an opposition has beenfiled with the Trademark Trial and Appeal Board. Forfurther
`information, see TTABVUE on the Trademark Trial and Appeal Board web page.
`Status Date: Oct. 06, 2022
`
`Publication Date:Sep. 13, 2022
`
`MarkLiteral None
`Elements:
`
`Standard Character No
`Claim:
`
`Mark Information
`
`Mark Drawing 2 - AN ILLUSTRATION DRAWING WITHOUT ANY WORDS(S)/ LETTER(S)/NUMBER(S)
`Type:
`
`Description of The mark consists of a design of two outlined leaves.
`Mark:
`
`Design Search 05.03.08 - More than oneleaf, including scattered leaves, bunchesof leaves not attached to branches
`Code(s):
`
`Related Properties Information
`
`Claimed Ownership 5469505, 5469506
`of US
`Registrations:
`
`Goods and Services
`
`Note:
`The following symbols indicate that the registrant/owner has amendedthe goods/services:
`e Brackets [..] indicate deleted goods/services;
`e Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`e Asterisks *..* identify additional (new) wording in the goods/services.
`
`For: Skin cleansing lotions and creams; non-medicated soaps; antiperspirant soap; toilet soap; ethereal essences,flower essences for
`cosmetic purposes, and essentialoils; hair care preparations including hair lotions, shampoos, conditioners, shampoo/conditioners,
`anti-dandruff shampoos, hairsprays, and styling mousses and gels; oral hygiene products not for medical purposes, namely, toothpaste
`and mouthwash; cosmetic preparations for the care of the mouth and teeth, namely, breath freshening sprays, mouth washes,breath
`fresheningliquid, breath freshening strips, toothpaste, dentifrices, none of the aforesaid being for medical purposes; sun tanning and
`sunscreen preparations; non-medicated diaper rash cream; massageoils; body creamsfor stretchmarks; pet shampoosand skin
`conditioners for pets
`
`International 003 - Primary Class
`Class(es):
`Class Status: ACTIVE
`
`U.S Class(es): 001, 004, 006, 050, 051, 052
`
`

`

`Basis:
`
`1(b)
`
`For:
`
`Medicated soaps; disinfectant soap; medicated antiperspirant soap; pharmaceutical preparationsin the nature oftablets for the
`treatment of symptoms associated with acne; medicated diaper rash cream; chest rubs, namely, medicinal syrups for the treatment of
`chest congestion; dietary supplements; homeopathic supplements; natural herbal supplements; homeopathic mineral supplementsin
`the form of tablets comprising a combination of trace minerals for human consumption; vitamin supplements; vitamins; analgesics;
`antiseptics; medicated soap; medicated soap for babies; anti-bacterialliquid soap; anti-bacterial waterless soap; homeopathic
`pharmaceuticals for the use in the treatment of acne,allergies, arthritis and minor muscle andjoint pain, back pain, bed wetting,
`bladderirritation, blemishes, boils and skin eruptions, coughs,colds,colic, cold sores and feverblisters, cramps, diarrhea,flu, fevers,
`gas and stomachupset, headache, hives, incontinence,indigestion, insomnia,irritability, leg cramps, menopause, menstrual cramps,
`motion sickness, muscle injury, nervoustension, poison ivy and oak, runny nose,sinus, sleeplessness, sneezing, sore throat, teething,
`and upset stomach; dietary supplements for weight management, digestive health, anti-inflammation, immune health, eye health, brain
`health, sleep aid, fruit and vegetable nutrient boost, energy boost, and stress and anxiety relief; probiotic and prebiotic dietary
`supplements; prenatal vitamins; nutritional supplement energy bars; dietary supplements for pets; dietary supplementsfor pets for joint
`health, skincare, and anti-anxiety; anti-itch sprays and creamsfor pets; drawing salve in the nature of sore skin ointmentfor animals
`and horses; homeopathic medicines, and medicinal herbal and natural remedy preparations,all for the treatmentof bruising and
`hematoma, to be used topically and orally; homeopathic pharmaceuticals and homeopathic medicines,all for use in the treatment of
`accumulation of mucus, nasal discharge,itchy throat, ear and nose discomfort, hay fever, watery, itchy andirritated eyes, nausea sinus
`pressure, sinus pain, sneezing, tiredness anddifficulty 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 usedfor stress relief; homeopathic pharmaceuticals to relieve severity and duration of symptomsof sores and ulcers of the
`mouth and, forthe relief of pain and discomfort of gums or tongue associated with canker sores; homeopathic pharmaceuticals,
`homeopathic medication, and dietary supplements,all 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,all
`for use in the care and hygieneof skin, namely, creams,lotions, gels, milks, serums, masks, emulsionsfor use in treating skin with
`redness,lack of hydration, skin disorders, wrinkles, dark spots, acne; homeopathic pharmaceuticals and homeopathic medication,all
`for use to aid in propercellular 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 andpain, joint pain, back pain, leg and hip pain,
`muscularpain, arthritis pain, joint stiffness, leg cramps, foot cramps, and lower back cramps; homeopathic pharmaceuticals for
`alleviating chronic and acute rheumatic pains and body achesin the back,joints, legs, neck; homeopathic pharmaceuticalsto aid in the
`relief of occasional sleeplessnessor restlessness due to minorarthritis pain; topical creamsfor anti-chafing and therapeutic muscle
`recovery
`
`International
`Class(es):
`ClassStatus:
`
`005 - Primary Class
`
`ACTIVE
`
`Basis:
`
`1(b)
`
`U.S Class(es): 005, 006, 018, 044, 046, 051, 052
`
`For:
`
`International
`Class(es):
`Class Status:
`
`Fruit-based or nut-based meal replacementbars for boosting energy
`
`029 - Primary Class
`
`ACTIVE
`
`U.S Class(es): 046
`
`Basis:
`
`1(b)
`
`For:
`
`International
`Class(es):
`ClassStatus:
`
`Energy candy and energy mints in the form of gels; grain-based energy bars
`
`030 - Primary Class
`
`ACTIVE
`
`U.S Class(es): 046
`
`Basis:
`
`1(b)
`
`For:
`
`International
`Class(es):
`Class Status:
`
`Powders used in the preparation of energy drinks or energy recovery drinks
`
`032 - Primary Class
`
`ACTIVE
`
`U.S Class(es): 045, 046, 048
`
`Basis:
`
`1(b)
`
`For:
`
`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 remediesin the fields of aging, health, wellness,
`fitness and exercise for increased healthylifespans; On-line retail store services featuring medical products in thefield of
`complementary and alternative medicine
`
`International
`Class(es):
`ClassStatus:
`
`035 - Primary Class
`
`ACTIVE
`
`Basis:
`
`1(b)
`
`U.S Class(es): 100, 101, 102
`
`Basis Information (Case Level)
`
`Filed Use:
`
`Filed ITU:
`
`No
`
`Yes
`
`Currently Use: No
`
`Currently ITU: Yes
`
`

`

`Filed 44D:
`
`Filed 44E:
`
`Filed 66A:
`
`Filed No Basis:
`
`No
`
`No
`
`No
`No
`
`Currently 44E: No
`
`Currently 66A: No
`
`Currently No Basis: No
`
`Current Owner(s) Information
`
`Owner Name:
`
`OwnerAddress:
`
`HYLAND'S CONSUMERHEALTH, INC.
`13301 S. MAIN STREET
`LOS ANGELES, CALIFORNIA UNITED STATES 90061
`
`Legal Entity Type:
`
`CORPORATION
`
`State or Country NEVADA
`Where Organized:
`Attorney/Correspondence Information
`
`Attorney Name: Timothy M. Kenny
`
`Attorney of Record
`Docket Number: STDH.TO956US
`
`Attorney Primary mnipdocket@nortonrosefulbright.com
`Email Address:
`
`Attorney Email Yes
`Authorized:
`
`Correspondent
`
`Correspondent TIMOTHY M. KENNY
`Name/Address: NORTON ROSE FULBRIGHT US LLP
`98 SAN JACINTO BOULEVARD,SUITE 1100
`AUSTIN, TEXAS UNITED STATES 78701
`Phone: 612-321-2800
`
`Fax: 612-321-2288
`
`Correspondent e- mnipdocket@nortonrosefulbright.com mplsbrands
`mail:
`team01@nortonrosefulbright.com
`
`Correspondent e- Yes
`mail Authorized:
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`Nov. 25, 2022
`Oct. 06, 2022
`Sep. 13, 2022
`Sep. 13, 2022
`Aug. 24, 2022
`Aug. 11, 2022
`Aug. 11, 2022
`Aug. 11, 2022
`Aug. 11, 2022
`Aug. 11, 2022
`Jul. 20, 2022
`Feb. 12, 2022
`Feb. 12, 2022
`Feb. 12, 2022
`Feb. 08, 2022
`Oct. 05, 2021
`Oct. 04, 2021
`
`Aug. 17, 2021
`
`Description
`ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY
`EXTENSION OF TIME TO OPPOSE RECEIVED
`OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
`PUBLISHED FOR OPPOSITION
`NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
`APPROVED FOR PUB - PRINCIPAL REGISTER
`EXAMINER'S AMENDMENT ENTERED
`NOTIFICATION OF EXAMINERS AMENDMENTE-MAILED
`EXAMINERS AMENDMENTE-MAILED
`EXAMINERS AMENDMENT-WRITTEN
`AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP
`NOTIFICATION OF NON-FINAL ACTION E-MAILED
`NON-FINAL ACTION E-MAILED
`NON-FINAL ACTION WRITTEN
`ASSIGNED TO EXAMINER
`NOTICE OF DESIGN SEARCH CODE E-MAILED
`NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
`
`NEW APPLICATION ENTEREDIN TRAM
`TM Staff and Location Information
`
`TM Attorney:
`
`ALTREE, NICHOLAS
`
`TM Staff Information
`
`Law Office LAW OFFICE 107
`Assigned:
`File Location
`
`ee
`
`88888
`6328
`6328
`73699
`
`6325
`6325
`73699
`73699
`
`

`

`Current Location:
`
`PUBLICATION AND ISSUE SECTION
`Date in Location: Aug. 11, 2022
`Assignment Abstract Of Title Information
`
`Summary
`
`Total Assignments:
`
`3
`
`Applicant: Standard Homeopathic Company
`
`Conveyance:
`Reel/Frame:
`
`CHANGE OF NAME
`
`7761/0552
`
`Date Recorded:
`
`Jun, 24, 2022
`
`Supporting
`Documents:
`
`assignment-tm-7761-0552.pdf
`
`Assignment1 of 3
`
`Pages: 3
`
`Name:
`
`STANDARD HOMEOPATHIC COMPANY
`
`Legal Entity Type:
`
`CORPORATION
`
`Name:
`
`HYLAND'S CONSUMER HEALTH,
`
`INC.
`
`Legal Entity Type:
`
`CORPORATION
`
`Address:
`
`13301 S. MAIN STREET
`LOS ANGELES, CALIFORNIA 90061
`
`Correspondent
`Name:
`
`TIMOTHY M. KENNY
`
`Correspondent
`Address:
`
`98 SAN JACINTO BOULEVARD,SUITE 1100
`AUSTIN, TX 78701
`
`Assignor
`Execution Date: Jun. 13, 2022
`
`State or Country NEVADA
`Where Organized:
`
`Assignee
`
`State or Country NEVADA
`Where Organized:
`
`Correspondent
`
`Domestic Representative - Not Found
`
`Assignment2 of 3
`
`Conveyance:
`Reel/Frame:
`
`Date Recorded:
`
`NOTICE OF GRANT OF SECURITY INTEREST IN TRADEMARKS
`
`7850/0409
`
`Sep. 20, 2022
`
`Pages: 8
`
`Supporting
`Documents:
`
`assignment-tm-7850-0409.pdf
`
`Name:
`
`HYLAND'S CONSUMER HEALTH,
`
`INC.
`
`Legal Entity Type:
`
`CORPORATION
`
`Assignor
`Execution Date: Sep. 20, 2022
`
`State or Country NEVADA
`Where Organized:
`
`Assignee
`
`Name:
`
`WELLS FARGO BANK, NATIONAL ASSOCIATION, AS ADMINISTRATIVE AGENT
`
`Legal Entity Type:
`
`NATIONAL BANKING ASSOCIATION
`
`State or Country UNITED STATES
`Where Organized:
`
`Address:
`
`1525 WEST W.T. HARRIS BLVD.
`MAC D1109-019
`CHARLOTTE, NORTH CAROLINA 28262
`
`Correspondent
`Name:
`
`Correspondent
`Address:
`
`MOORE & VAN ALLEN PLLC
`
`100 NORTH TRYON STREET
`SUITE 4700, ATTN: IP DEPARTMENT
`CHARLOTTE, NC 28202
`
`Correspondent
`
`Domestic Representative - Not Found
`
`Assignment3 of 3
`
`Conveyance:
`
`TERMINATION AND RELEASE OF SECURITY INTERESTIN INTELLECTUAL PROPERTY
`
`

`

`Reel/Frame:
`
`7852/0001
`
`Date Recorded:
`
`Sep. 21, 2022
`
`Supporting
`Documents:
`
`No Supporting Documents Available
`
`Pages: 17
`
`Name:
`
`HAYFIN SERVICES LLP, AS AGENT FOR THE
`SECURED PARTIES
`
`Legal Entity Type:
`
`LIMITED LIABILITY PARTNERSHIP
`
`Assignor
`
`Execution Date: Sep. 20, 2022
`
`State or Country UNITED KINGDOM
`Where Organized:
`
`Assignee
`HYLAND'S CONSUMER HEALTH, INC. F/K/A STANDARD HOMEOPATHIC COMPANYhn
`
`
`
`Name:
`
`Legal Entity Type:
`
`CORPORATION
`
`Address:
`
`13301 S. MAIN STREET
`LOS ANGELES, CALIFORNIA 90061
`
`Name:
`
`——————
`WALKER LABORATORIES,
`INC.
`
`Legal Entity Type:
`
`CORPORATION
`
`Address:
`
`13301 S. MAIN STREET
`LOS ANGELES, CALIFORNIA 90061
`
`Correspondent
`Name:
`
`Correspondent
`Address:
`
`MOORE& VAN ALLEN PLLC
`
`100 NORTH TRYON STREET
`SUITE 4700, ATTN: IP DEPARTMENT
`CHARLOTTE, NC 28202
`
`State or Country NEVADA
`Where Organized:
`
`State or Country MISSOURI
`Where Organized:
`
`Correspondent
`
`Domestic Representative - Not Found
`Proceedings
`
`Summary
`Numberof
`Proceedings:
`
`Type of Proceeding: Extension of Time
`
`Proceeding
`Number:
`
`90882211
`
`Status:
`
`Extension of Time to Oppose Filed
`
`Filing Date: Oct 06, 2022
`
`Status Date: Oct 06, 2022
`
`Interlocutory
`Attorney:
`
`Name:
`
`Correspondent
`Address:
`
`Correspondente-
`mail:
`
`Associated marks
`
`Mark
`
`Defendant
`
`HYLAND'S CONSUMERHEALTH, INC.
`TIMOTHY M. KENNY
`NORTON ROSE FULBRIGHT US LLP
`98 SAN JACINTO BOULEVARD,SUITE 1100
`AUSTIN TX UNITED STATES, 78701
`
`mnipdocket@nortonrosefulbright.com , mplsbrandsteam01@nortonrosefulbright.com
`
`a
`Application Status
`Request For Extension of Time to File Opposition
`Potential Opposer(s)
`
`Serial
`Number
`90882211
`
`Registration
`Number
`
`Name:
`
`Correspondent
`Address:
`
`FoodScience, LLC
`WILLIAM J. MORRIS III
`DOWNS RACHLIN MARTIN PLLC
`199 MAIN STREET
`BURLINGTON VT UNITED STATES, 05401
`
`Correspondente-
`
`tmip@drm.com
`
`

`

`mail:
`
`Entry Number
`
`|=NOwof
`
`Prosecution History
`
`History Text
`EXT GRANTED
`ADD'L 60-DAY REQUEST TO EXT TIME TO OPPOSE
`EXT GRANTED
`
`FIRST 30-DAY REQUESTTO EXT TIME TO OPPOSE
`
`Due Date
`
`Date
`
`Nov 10, 2022
`Nov 10, 2022
`Oct 06, 2022
`Oct 06, 2022
`
`