ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1395400
`11/13/2024
`
`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
`
`Granted to date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`O Positiv Inc.
`
`12/07/2024
`
`11740 SAN VICENTE BLVD
`STE 109-333
`LOS ANGELES, CA 90049
`UNITED STATES
`
`ADAM LOSEY
`LOSEY PLLC
`1420 EDGEWATER DR
`ORLANDO, FL 32804
`UNITED STATES
`Primary email: alosey@losey.law
`Secondary email(s): ijohnson@losey.law, jbuttell@losey.law, docket-
`ing@losey.law
`No phone number provided
`
`Docket no.
`
`Applicant information
`
`Application no.
`
`98393531
`
`Opposition filing
`date
`
`Applicant
`
`11/13/2024
`
`Publication date
`
`10/08/2024
`
`Opposition period
`ends
`
`12/07/2024
`
`Natuur Global, LLC
`402 WEST BROADWAY, SUITE #400
`SAN DIEGO, CA 92101
`UNITED STATES
`
`Goods/services affected by opposition
`
`Class 005. First Use: Jan 2, 2024 First Use In Commerce: Jan 2, 2024
`All goods and services in the class are opposed, namely: Dietary supplements for prostatitis, chronic
`prostatitis, chronic prostatitis/chronic pelvic pain syndrome and all other prostate conditions
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`No use of mark in commerce before application,
`amendment to allege use, or statement of use
`was due
`
`Applicant not rightful owner of mark for identified
`goods or services
`
`Trademark Act Section 1(a) and (c)
`
`Trademark Act Section 1
`
`

`

`Misuse of registration symbol
`
`Copelands' Enterprises Inc. v. CNV Inc., 945
`F.2d 1563, 20 USPQ2d 1295 (Fed. Cir. 1991)
`
`Mark cited by opposer as basis for opposition
`
`U.S. registration
`no.
`
`6902704
`
`Register
`
`Principal
`
`Registration date
`
`11/15/2022
`
`Word mark
`
`Design mark
`
`URO
`
`Application date
`
`06/10/2021
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 005. First use: First Use: Aug 22, 2022 First Use In Commerce: Aug 22,
`2022
`Vitamins; Dietary supplements; Mineral supplements; Nutritional supplements
`
`Attachments
`
`90767350#TMSN.png( bytes )
`Notice of Opposition re UROLOQ with exhibits.pdf(654506 bytes )
`
`Signature
`
`/Ian Johnson/
`
`Name
`
`Date
`
`Ian Johnson
`
`11/13/2024
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`O Positiv, Inc.
`
`
`Opposer,
`
`
`v.
`
`Natuur Global LLC,
`
`
`Applicant.
`
`
`
`
`
`
`
`
`Opposition No. _________________
`Mark: UROLO-Q
`Serial No. 98393531
`Filed: February 6, 2024
`Published: October 8, 2024
`
`
`NOTICE OF OPPOSITION
`
`Opposer O Positiv Inc. (“O Positiv”), a Delaware corporation, believes it is or will be
`
`damaged by registration of the mark UROLO-Q (“Applicant’s Mark”), Serial No. 98393531 (the
`
`“Application”), filed by Applicant Natuur Global LLC (“Applicant”), and opposes the registration
`
`of the Application. As grounds for opposition, O Positiv asserts as follows:
`
`1.
`
`O Positiv is in the business of marketing, distributing, and selling a variety of goods,
`
`including tea, medicinal preparations, deodorants, skincare, probiotics, suppositories, and vitamin,
`
`mineral, herbal, homeopathic, nutritional, and other dietary supplements (“Opposer’s Goods”) in
`
`interstate commerce throughout the United States.
`
`2.
`
`O Positiv owns US Registration No. 6902704 for “URO” in Class 05 for “Vitamins;
`
`Dietary supplements; Mineral supplements; Nutritional supplements” (the “URO Mark”). See
`
`Exhibit A. O Positiv filed the URO Mark on June 10, 2021 and began use in commerce by August
`
`22, 2022. See Ex. A.
`
`3.
`
`O Positiv has expended considerable time, money, and effort in advertising and
`
`promoting Opposer’s Goods under O Positiv’s marks, including the URO Mark. As a result, O
`
`
`
`1
`
`

`

`Positiv has developed substantial and exclusive goodwill and reputation based on the use of these
`
`marks in connection with Opposer’s Goods.
`
`4.
`
`Applicant filed the Application seeking to register UROLO-Q in Class 05 for
`
`“Dietary supplements for prostatitis, chronic prostatitis, chronic prostatitis/chronic pelvic pain
`
`syndrome and all other prostate conditions.”
`
`5.
`
`The URO Mark has priority over the Application and Applicant’s Mark because the
`
`Application claims a first use in commerce of January 2, 2024 while the URO mark has been in
`
`use since August 2022 and has constructive priority dating back to June 2021.
`
`Ground One – Likelihood of Confusion
`
`6.
`
`7.
`
`O Positiv realleges and incorporates paragraphs 1 through 5 above.
`
`Applicant’s Mark and the URO Mark are highly similar, if not identical, in sight,
`
`sound, and commercial impression. Specifically, Applicant’s Mark incorporates the entirety of the
`
`URO Mark.
`
`8.
`
`The goods claimed in the Application are highly similar to Opposer’s Goods
`
`because the goods claimed in the Application (i) could reasonably be expected to originate from
`
`the same source as products offered under the URO Mark, (ii) would travel in the same channels
`
`of trade as Opposer’s Goods, or (iii) consist of goods which could logically or commonly be
`
`provided by producers of Opposer’s Goods under the same marks. As a result, many consumers
`
`who encounter Applicant’s Mark in connection with the relevant goods are likely to think that such
`
`goods are authorized by, sponsored by, licensed by, affiliated with, or related to O Positiv.
`
`9.
`
`As a result, Applicant’s Mark, used in conjunction with the applied-for goods, is
`
`likely to cause confusion, mistake, or deception in the minds of consumers that Applicant’s goods
`
`
`
`2
`
`

`

`emanate from O Positiv or are otherwise sponsored by, licensed by, affiliated with, or related to O
`
`Positiv, to the damage and detriment of O Positiv.
`
`Ground Two – No Bona Fide Use by Applicant
`
`O Positiv realleges and incorporates paragraphs 1 through 5 above.
`
`Applicant filed the Application under § 1(a) of the Lanham Act, asserting that
`
`10.
`
`11.
`
`registration is proper based on Applicant’s use of the mark in commerce.
`
`12.
`
`An application under § 1(a) must be supported by a specimen showing Applicant’s
`
`use of the mark in commerce.
`
`13.
`
`Following an office action refusing the Application for lack of a specimen,
`
`Applicant submitted a specimen consisting of a single web page screenshot, a copy of which is
`
`attached as Exhibit B.
`
`14.
`
`The specimen indicates that the product bearing the UROLO-Q mark is sold under
`
`the house mark “Sunn Biolabs.” This mark appears in the upper left corner of the bottle shown in
`
`the specimen.
`
`15.
`
`The web domain for the specimen is sunnbiolabs.com. Visiting this website
`
`indicates that the products sold thereon are sold by Sunn Biolabs. The website’s copyright footer
`
`and Terms & Privacy page all indicate that the website is operated by Sunn Biolabs LLC.
`
`16.
`
`Applicant Natuur Global LLC’s name does not appear anywhere on the website.
`
`Nothing on the website establishes any relationship between Natuur Global LLC and Sunn
`
`Biolabls LLC.
`
`17.
`
`Upon information and belief, no such relationship exists.
`
`
`
`3
`
`

`

`18.
`
`Therefore, the specimen fails to show use of Applicant’s Mark in commerce by
`
`Applicant.1
`
`19.
`
`Based on the specimen of record, Applicant has failed to show use of its mark in
`
`commerce and is not entitled to registration of Applicant’s Mark.
`
`Ground Three – Misuse of Registration Symbol
`
`O Positiv realleges and incorporates paragraphs 1 through 5 above.
`
`The Sunn Biolabs website utilizes the registration symbol in connection with
`
`20.
`
`21.
`
`UROLO-Q. See Exhibit C.
`
`22.
`
`23.
`
`There is no federal registration for UROLO-Q other than the pending Application.
`
`The use of the ® symbol without a corresponding registration constitutes fraudulent
`
`misuse of the federal registration symbol.
`
`24.
`
`This fraudulent misuse merits refusal to register the Application.
`
`WHEREFORE, O Positiv respectfully asks the Opposition be sustained and the registration
`
`of the Application be denied.
`
`Respectfully submitted on November 13, 2024.
`
`By: /s/Ian Johnson/
`Ian T. Johnson
`ijohnson@losey.law
`docketing@losey.law
`T: 440-714-4966
`Adam C. Losey
`alosey@losey.law
`Losey PLLC
`1420 Edgewater Drive
`Orlando, FL 32804
`Counsel for O Positiv
`
`
`
`
`1 This further suggests that Applicant does not own the rights to the mark, which if true would be a further ground to
`refuse registration.
`
`
`
`4
`
`

`

`
`
`
`
`
`
`Exhibit A
`Exhibit A
`
`
`
`
`
`
`
`
`
`

`

`11/8/24, 8:58 AM
`
`Statu s Search SN 6902704
`
`For assistance with TSDR , email teas@uspto.gov and include your serial number
`messages you have received.
`
`, the document you are looking for
`
`, and a screenshot of any error
`
`STATUS
`
`DOCUMENTS
`
`MAINTENANCE
`
`Back to Search
`
`Print
`
`Generated on: This page was generated by TSDR on 2024-11-08 08:55:53 EST
`
`Mark: URO
`
`US Serial Number: 90767350
`
`US Registration Number: 6902704
`
`Filed as TEAS Plus: Yes
`
`Register: Principal
`
`Mark Type: Trademark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing Date: Jun. 10, 2021
`
`Registration Date: Nov . 15, 2022
`
`Currently TEAS Plus: Yes
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Of
`
`fice.
`
`Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.
`
`Status Date: Nov . 15, 2022
`
`Publication Date: Jan. 04, 2022
`
`Mark Information
`
`Goods and Services
`
`Notice of Allowance Date: Mar. 01, 2022
`
`
`
`Feedback
`
`Note:
`The following symbols indicate that the registrant/owner has amended the goods/services:
`Brackets [..] indicate deleted goods/services;
`Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 af
`Asterisks *..* identify additional (new) wording in the goods/services.
`For: Vitamins; Dietary supplements; Mineral supplements; Nutritional supplements
`
`fidavit of incontestability; and
`
`International Class(es): 005 - Primary Class
`
`U.S Class(es): 005, 006, 018, 044, 046, 051, 052
`
`Class Status: ACTIVE
`
`First Use: Aug. 22, 2022
`
`Basis Information (Case Level)
`
`Filed Use: No
`
`Filed ITU: Yes
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`Filed No Basis: No
`
`Current Owner(s) Information
`
`Owner Name: O Positiv , Inc.
`
`Owner Address:11740 San Vicente Blvd, Suite 109-333
`Los Angeles, CALIFORNIA UNITED STATES 90049
`
`Use in Commerce: Aug. 22, 2022
`
`Currently Use: Yes
`
`Currently ITU: No
`
`Currently 44D: No
`
`Currently 44E: No
`
`Currently 66A: No
`
`Currently No Basis: No
`
`https://tsdr.u spto.gov /#caseNu mber=6902704+&caseSearchTy pe=US_APPLICATION&caseTy pe=DEFAULT&searchTy pe=statu sSearch
`
`1/2
`
`

`

`11/8/24, 8:58 AM
`
`Legal Entity T ype:CORPORATION
`
`Statu s Search SN 6902704
`
`State or Country Where
`Organized:
`
`DELAWARE
`
`Attorney/Correspondence Information
`
`Prosecution History
`
`TM Staff and Location Information
`
`Assignment Abstract Of Title Information - Click to Load
`
`Proceedings - Click to Load
`
`Feedback
`
`https://tsdr.u spto.gov /#caseNu mber=6902704+&caseSearchTy pe=US_APPLICATION&caseTy pe=DEFAULT&searchTy pe=statu sSearch
`
`2/2
`
`

`

`
`
`
`
`
`
`Exhibit B
`Exhibit B
`
`
`
`
`
`
`
`
`
`

`

`xfa (10untead)-rsm@gandaleg. x|@ JPublicRelations-Northst©» CPPS| Prostatitis Treatment’ x Q Trademark Search x | @ Document Search SN 98392 x | @ USPTOTSDRCase Viewer x | +
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`PROSTATE HEALTH
`
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`
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`
`UROLO-Q - 30-Day Supply
`
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`DESCRIPTION
`
`REVIEWS
`
`INGREDIENTS
`
`FAQ
`
`Traditional Chronic Prostatitis treatmentslike strong antibiotics are often ineffective and comewith dangerousside effects. UROLO-Qoffers an efficacious option for
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`
`
`
`
`
`
`Exhibit C
`
`
`
`https://www.sunnbiolabs.com/pages/sunn-about-us, last accessed Nov. 8, 2024
`
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