Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1259168
`01/10/2023
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Petition for Cancellation
`
`Notice is hereby given that the following party has filed a petition to cancel the registration indicated below.
`
`Petitioner information
`
`Name
`
`Entity
`
`Address
`
`Attorney informa-
`tion
`
`Biomic Sciences, LLC
`
`Limited Liability Company
`
`Citizenship
`
`Virginia
`
`P.O. BOX 4574
`CHARLOTTESVILLE, VA 22905
`UNITED STATES
`
`ROBERT D. MICHAUX
`CHRISTIAN & BARTON, LLP
`901 EAST CARY STREET
`SUITE 1800
`RICHMOND, VA 23219
`UNITED STATES
`Primary email: rmichaux@cblaw.com
`Secondary email(s): trademarks@cblaw.com
`804-697-4100
`
`Docket no.
`
`Registration subject to cancellation
`
`Registration no.
`
`3736822
`
`Registration date
`
`01/12/2010
`
`Register
`
`Registrant
`
`Principal
`
`Apex Wellness Group, LLC
`14362 N FRANK LLOYD WRIGHT BLVD.
`SUITE 1000
`SCOTTSDALE, AZ 85260
`UNITED STATES
`
`Goods/services subject to cancellation
`
`Class 005. First Use: Jan 1, 2003 First Use In Commerce: Jan 1, 2003
`All goods and services in the class are subject to cancellation, namely: Nutritional supplements; Diet-
`ary supplements; Food supplements; Nutritional drink mix for use as a meal replacement; Meal re-
`placement and dietary supplement drink mixes; Herbal supplements; Mineral supplements; Vitamin
`supplements; Vitamin enriched water; Vitamin fortified beverages; Herbal teas for medicinal pur-
`poses; Dietary fiber as an additive for food products
`
`Grounds for cancellation
`
`Abandonment
`
`Mark never used in commerce
`
`Trademark Act Section 14(3)
`
`Trademark Act Section 14(6)
`
`

`

`Attachments
`
`Pet to Cancel PH ION.pdf(140287 bytes )
`A - ION App.pdf(62668 bytes )
`B - ION Regs.pdf(436500 bytes )
`C - PH ION Reg.pdf(55672 bytes )
`D - 2018 Specimen.pdf(426509 bytes )
`E - 2014 Specimen.pdf(4059917 bytes )
`F - PHION Reg.pdf(566041 bytes )
`G - PIB Website Home.pdf(667839 bytes )
`H - PIB Website Products.pdf(731962 bytes )
`I - FOA.pdf(1155162 bytes )
`J - NonF OA.pdf(215374 bytes )
`
`Signature
`
`/Robert D. Michaux/
`
`Name
`
`Date
`
`Robert D. Michaux
`
`01/10/2023
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`PH ION
`
`June 3, 2008
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Registration Number: 3439080
`
`For the Mark:
`
`Registered:
`
`
`BIOMIC SCIENCES, LLC,
`
`
`
`
`
`
`
`
`Petitioner,
`
`
`
`
`
`
`
`
`
`v.
`
`
`
`
`
`
`
`
`
`APEX WELLNESS GROUP LLC,
`
`
`
`
`
`
`
`Respondent.
`
`
`
`
`Cancellation No.: _____
`
`
`
`
`
`
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`)
`)
`)
`)
`)
`)
`)
`)
`)
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`
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`Biomic Sciences LLC (“Petitioner”), by counsel, believes that it will be damaged by the
`
`PETITION FOR CANCELLATION
`
`continued registration of the PH ION word mark, Reg. No. 3439080 (the “Respondent’s
`
`Registration”), owned by Apex Wellness Group LLC (“Respondent”), and respectfully requests
`
`that Respondent’s Registration be cancelled for nonuse and/or abandonment pursuant to
`
`Section 14 of the Lanham Act (15 U.S.C. § 1604). As grounds for cancellation, Petitioner
`
`alleges as follows:
`
`1.
`
`Petitioner is a Virginia limited liability company with its principal place of
`
`business in Charlottesville, Virginia.
`
`2.
`
`Petitioner is a leading biotech research and development company that
`
`manufactures and sells dietary and nutritional supplements through its website,
`
`www.intelligenceofnature.com, and national retail outlets including Amazon.com, Wegman’s,
`
`and Walmart. Petitioner also provides various services related to the development, marketing,
`
`and research of its products and the health, diet, and nutrition markets.
`
`

`

`3.
`
`Petitioner has expended significant time and financial resources to advertise and
`
`promote its products and services using the ION* word mark, on its own and in combination
`
`with other words, including ION*INTELLIGENCE OF NATURE, ION* GUT HEALTH, ION*
`
`SKIN, and ION*SINUS, among others, in connection with the manufacture, distribution,
`
`provision, offering for sale, sale, marketing, advertising, and promotion of its dietary and
`
`nutritional supplements and related retail, marketing, and research services. Petitioner also
`
`incorporates ION* into various designs for use as a mark in connection with its goods and
`
`services.
`
`4.
`
`As a result of its widespread, continuous, and exclusive use of the ION* word
`
`mark to identify its goods and services (the “ION* Mark”), and Petitioner as their source,
`
`Petitioner owns valid and subsisting common law rights to the ION* Mark. The ION* Mark is
`
`distinctive to both the consuming public and Petitioner’s trade.
`
`5.
`
`Petitioner has expended significant resources on the marketing, advertising, and
`
`promotion of its goods and services in connection with the ION* Mark. These efforts have
`
`resulted in substantial sales of Petitioner’s goods and services in virtually every geographic
`
`market in the United States.
`
`6.
`
`On October 31, 2019, Petitioner filed an intent to use application with the United
`
`State Patent and Trademark Office to register the ION* word mark (the “ION* Mark”) for use in
`
`connection with dietary and nutritional supplements and nasal spray preparations in Class 5, and
`
`related online wholesale and retail store services in Class 35, App. Ser. No. 88675070 (the
`
`“Application”). A copy of the Application is attached as Exhibit A.
`
`
`
`

`

`7.
`
`Petitioner also owns federal trademark registrations for the following marks for
`
`use in connection with the same goods and services in the Application and other related goods
`
`and services:
`
`Reg. No.
`6145433
`6145434
`6608899
`6623835
`
`6713746
`6747214
`6747215
`6908566
`
`Mark
`ION*SINUS
`ION*GUT HEALTH
`ION*BIOME
`
`Class(es)
`5
`5
`3, 5, 35, 41
`5
`
`
`
`ION*SKIN
`ION*BEAUTY
`ION*[INTELLIGENCE OF NATURE]
`ION* INTELLIGENCE OF NATURE
`
`3
`3
`5
`5
`
`Reg. Date
`Sep. 8, 2020
`Sep. 8, 2020
`Jan. 4, 2022
`Jan. 18, 2022
`
`Apr. 26, 2022
`May 31, 2022
`May 31, 2022
`Nov. 22, 2022
`
`Copies of these registrations are attached as Exhibit B.
`
`8.
`
`According to Respondent’s Registration, Respondent is an Arizona limited
`
`liability company with its principal place of business in Scottsdale, Arizona.
`
`9.
`
`Respondent’s Registration issued June 3, 2008, and claims the following goods in
`
`Class 5: “Nutritional supplements; Dietary supplements; Food supplements; Nutritional drink
`
`mix for use as a meal replacement; Meal replacement and dietary supplement drink mixes;
`
`Herbal supplements; Mineral supplements; Vitamin supplements; Vitamin enriched water;
`
`Vitamin fortified beverages; Herbal teas for medicinal purposes; Dietary fiber as an additive for
`
`food products.” Respondent claimed “Jan. 2003” as the date of first use for the PH ION mark
`
`(the “PH ION Mark”). A copy of the Respondent’s Registration is attached as Exhibit C.
`
`10.
`
`The most recently specimen for Respondent’s Registration, submitted on June 1,
`
`2018, does not show use of the PH ION Mark in connection with the claimed goods, but rather
`
`the design shown below:
`
`
`
`

`

`
`
`A copy of the 2018 specimen is attached as Exhibit D.
`
`11.
`
`A prior specimen for Respondent’s Registration, submitted December 3, 2014,
`
`shows prominent use of a design nearly identical to the one above, multiple references to “pHion
`
`Balance,” and “pHion” with several descriptive product names, but does not show a trademark
`
`use of the PH ION Mark in connection with the claimed goods. A copy of the 2014 specimen is
`
`attached as Exhibit E.
`
`12.
`
`Respondent does not own a federal trademark registration for the design above for
`
`use in connection with any goods or services.
`
`13.
`
`Respondent does, however, own a federal trademark registration for the PHION
`
`word mark, Reg. No. 3736822 (“Respondent’s Second Registration”), which claims the identical
`
`goods in Class 5 and same date of first use in the Respondent’s Registration. Respondent’s
`
`Second Registration issued on January 12, 2010. Respondent’s Second Registration also states
`
`Respondent is doing business as “pHion.” A copy of Respondent’s Second Registration is
`
`attached as Exhibit F.
`
`14.
`
`The home page of Respondent’s website, www.phionbalance.com, claims
`
`Respondent is doing business as “pHion Balance” and encourages use of the hashtag
`
`“#pHionbalance” and to connect and follow “pHion Balance” on various social media platforms.
`
`Although there is no trademark use of the PH ION Mark for the goods in Respondent’s
`
`
`
`

`

`Registration on Respondent’s home page, there is a design incorporating the literal element
`
`“THE PHION PROMISE” and a hyperlink to “My-PHion” for consumers to log in to a personal
`
`account with Respondent. A copy of Respondent’s home page is attached as Exhibit G.
`
`15.
`
`The products page of Respondent’s website, www.phionbalance.com/products,
`
`likewise uses the PHION BALANCE word mark and encourages use of the same hashtag and
`
`social media platforms. A copy of Respondent’s product page is attached as Exhibit H.
`
`16.
`
`In an office action, dated December 15, 2019 (the “First Office Action”), the
`
`examining attorney cited the Respondent’s Registration against the Application, asserting a
`
`likelihood of confusion between the ION* Mark and the PH ION Mark, among another. The
`
`First Office Action also cited prior pending applications, App. Ser. Nos. 88559779, 88480697,
`
`and 88480687. The First Office Action, however, does not mention Respondent’s Second
`
`Registration. A copy of the First Office Action is attached as Exhibit I.
`
`17.
`
`In response to the First Office Action, Petitioner requested the suspension of the
`
`Application due to the cited prior pending applications. On June 15, 2020, the Application was
`
`initially suspended due only to App. Ser. No. 88559779 and remained suspended for more than
`
`two years.
`
`18.
`
`On December 18, 2020, Petitioner started using the ION* Mark in connection
`
`with goods and services claimed in the Application. As a result of this use, consumers in the
`
`United States associate the ION* Mark with Petitioner and its claimed goods and services.
`
`Petitioner, therefore, owns common law rights in the ION* Mark.
`
`19.
`
`On December 18, 2020, Petitioner also filed an amendment to allege use of the
`
`ION* Mark, which was accepted on February 13, 2021.
`
`
`
`

`

`20.
`
`On November 10, 2022, Petitioner presented a consent and coexistence agreement
`
`to overcome the suspension of the Application. Thereafter, a non-final office action issued on
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`January 2, 2023 (the “Non-Final Office Action”), continuing and maintaining the refusal to
`
`register the ION* Mark due to a likelihood of confusion with the PH ION Mark, among another.
`
`The Non-Final Office Action also does not mention Respondent’s Second Registration. A copy
`
`of the Non-Final Office Action is attached as Exhibit J.
`
`21.
`
`The Non-Final Office Action interfered with the Application and caused harm to
`
`Petitioner. Petitioner, therefore, has a real interest in seeking cancellation of the Respondent’s
`
`Registration and is entitled to a statutory cause of action to file this petition.
`
`22.
`
`For all these reasons, Petitioner has standing to submit this petition to cancel the
`
`Respondent’s Registration.
`
`23.
`
`Petitioner has been and will continue to be harmed by Respondent’s Registration
`
`because it is preventing Petitioner from obtaining a registration for its ION* Mark.
`
`24.
`
`Based on the foregoing, it is evident that Respondent is not and, since at least
`
`2014, has not used the PH ION Mark in connection with the goods claimed in Respondent’s
`
`Registration. On information and belief, Respondent abandoned the PH ION Mark through
`
`nonuse.
`
`25.
`
`Accordingly, Respondent’s Registration should be cancelled pursuant to
`
`15 U.S.C. § 1064(6) because Respondent’s nonuse of the PH ION Mark in connection with the
`
`goods claimed.
`
`26.
`
`Furthermore, the Respondent’s Registration should be cancelled pursuant to
`
`15 U.S.C. § 1064(3) because Respondent has abandoned its use of the PH ION Mark.
`
`Respondent also began using and registered the PHION word mark in lieu of the PH ION Mark.
`
`
`
`

`

`On information and belief, Registrant has discontinued using the PH ION Mark and does not
`
`intend to resume using it.
`
`WHEREFORE, Petitioner respectfully requests that this petition to cancel be sustained
`
`and Respondent’s Registration for the PH ION word mark be cancelled.
`
`
`
`
`Respectfully submitted,
`
`BIOMIC SCIENCES LLC
`By Counsel
`
`Date: January 10, 2023
`
`
`
`
`
`
`
`
`
`/s/Robert D. Michaux
`Belinda D. Jones (VSB No. 72169)
`bjones@cblaw.com
`Peter E. Broadbent, Jr. (VSB No. 15962)
`pbroadbent@cblaw.com
`Robert D. Michaux (VSB No. 80701)
`rmichaux@cblaw.com
`CHRISTIAN & BARTON, LLP
`901 East Cary Street, Suite 1800
`Richmond, Virginia 23219-3095
`(804) 697-4100 (T)
`(804) 697-4112 (F)
`
`Counsel for Opposer
`
`
`
`
`
`
`
`4866-9666-5928
`
`
`
`

`

`
`
`
`
`EXHIBIT A
`EXHIBIT A
`
`

`

`Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PTO Form 1478 (Rev 09/2006)
`
`OMB No. 0651-0009 (Exp 02/28/2021)
`
`Trademark/Service Mark Application, Principal Register
`
`TEAS Plus Application
`
`Serial Number: 88675070
`Filing Date: 10/31/2019
`
`NOTE: Data fields with the * are mandatory under TEAS Plus. The wording "(if applicable)" appears where the field is only mandatory
`under the facts of the particular application.
`
`The table below presents the data as entered.
`
`Input Field
`
`Entered
`
`TEAS Plus
`
`MARK INFORMATION
`
`*MARK
`
`*STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`LITERAL ELEMENT
`
`*MARK STATEMENT
`
`REGISTER
`
`APPLICANT INFORMATION
`
`*OWNER OF MARK
`
`*STREET
`
`*CITY
`
`*STATE
`(Required for U.S. applicants)
`
`*COUNTRY
`
`*ZIP/POSTAL CODE
`(Required for U.S. and certain international addresses)
`
`LEGAL ENTITY INFORMATION
`
`YES
`
`ION*
`
`YES
`
`YES
`
`ION*
`
`The mark consists of standard characters, without claim to any
`particular font style, size, or color.
`
`Principal
`
`Biomic Sciences LLC
`
`4351 Seminole Trail
`
`Charlottesville
`
`Virginia
`
`United States
`
`23060
`
`*TYPE
`
`LIMITED LIABILITY COMPANY
`
`* STATE/COUNTRY WHERE LEGALLY ORGANIZED
`
`Virginia
`
`GOODS AND/OR SERVICES AND BASIS INFORMATION
`
`* INTERNATIONAL CLASS
`
`005 
`
`*IDENTIFICATION
`
`*FILING BASIS
`
`* INTERNATIONAL CLASS
`
`*IDENTIFICATION
`
`Dietary and nutritional supplements; Nasal spray preparations
`
`SECTION 1(b)
`
`035 
`
`On-line wholesale and retail store services featuring dietary
`
`

`

`*FILING BASIS
`
`SECTION 1(b)
`
`ADDITIONAL STATEMENTS INFORMATION
`
`and nutritional supplements, and nasal spray preparations
`
`*TRANSLATION
`(if applicable)
`
`*TRANSLITERATION
`(if applicable)
`
`*CLAIMED PRIOR REGISTRATION
`(if applicable)
`
`*CONSENT (NAME/LIKENESS)
`(if applicable)
`
`*CONCURRENT USE CLAIM
`(if applicable)
`
`ATTORNEY INFORMATION
`
`NAME
`
`ATTORNEY BAR MEMBERSHIP NUMBER
`
`YEAR OF ADMISSION
`
`U.S. STATE/ COMMONWEALTH/ TERRITORY
`
`FIRM NAME
`
`STREET
`
`CITY
`
`STATE
`
`COUNTRY
`
`ZIP/POSTAL CODE
`
`PHONE
`
`EMAIL ADDRESS
`
` 
`
` 
`
` 
`
` 
`
` 
`
`Robert D. Michaux
`
`XXX
`
`XXXX
`
`XX
`
`Christian & Barton, LLP
`
`909 East Main Street, Suite 1200
`
`Richmond
`
`Virginia
`
`United States
`
`23219
`
`804-697-4100
`
`trademarks@cblaw.com
`
`AUTHORIZED TO COMMUNICATE VIA EMAIL
`
`Yes
`
`OTHER APPOINTED ATTORNEY
`
`Belinda D. Jones and Peter E. Broadbent, Jr.
`
`CORRESPONDENCE INFORMATION
`
`*NAME
`
`FIRM NAME
`
`*STREET
`
`*CITY
`
`*STATE
`(Required for U.S. addresses)
`
`*COUNTRY
`
`*ZIP/POSTAL CODE
`
`PHONE
`
`*EMAIL ADDRESS
`
`Robert D. Michaux
`
`Christian & Barton, LLP
`
`909 East Main Street, Suite 1200
`
`Richmond
`
`Virginia
`
`United States
`
`23219
`
`804-697-4100
`
`trademarks@cblaw.com
`
`*AUTHORIZED TO COMMUNICATE VIA EMAIL
`
`Yes
`
`FEE INFORMATION
`
`

`

`APPLICATION FILING OPTION
`
`TEAS Plus
`
`NUMBER OF CLASSES
`
`FEE PER CLASS
`
`*TOTAL FEE PAID
`
`SIGNATURE INFORMATION
`
`* SIGNATURE
`
`* SIGNATORY'S NAME
`
`* SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`* DATE SIGNED
`
`2
`
`225
`
`450
`
`/Kristen Krop/
`
`Kristen Krop
`
`President
`
`4344225027
`
`10/31/2019
`
`

`

`Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PTO Form 1478 (Rev 09/2006)
`
`OMB No. 0651-0009 (Exp 02/28/2021)
`
` 
`
`Trademark/Service Mark Application, Principal Register
`
`TEAS Plus Application
`
`Serial Number: 88675070
`Filing Date: 10/31/2019
`
`To the Commissioner for Trademarks:
`
`MARK: ION* (Standard Characters, see mark)
`The literal element of the mark consists of ION*. The mark consists of standard characters, without claim to any particular font style, size, or
`color.
`The applicant, Biomic Sciences LLC, a limited liability company legally organized under the laws of Virginia, having an address of
`      4351 Seminole Trail
`      Charlottesville, Virginia 23060
`      United States
`
`requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register
`established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:
`
`For specific filing basis information for each item, you must view the display within the Input Table.
`International Class 005:  Dietary and nutritional supplements; Nasal spray preparations
`Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified
`goods/services. (15 U.S.C. Section 1051(b)).
`
`For specific filing basis information for each item, you must view the display within the Input Table.
`International Class 035:  On-line wholesale and retail store services featuring dietary and nutritional supplements, and nasal spray preparations
`Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified
`goods/services. (15 U.S.C. Section 1051(b)).
`
`The applicant hereby appoints Robert D. Michaux. Other appointed attorneys are Belinda D. Jones and Peter E. Broadbent, Jr.. Robert D.
`Michaux of Christian & Barton, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is
`located at
`      909 East Main Street, Suite 1200
`      Richmond, Virginia 23219
`      United States
`      804-697-4100(phone)
`      trademarks@cblaw.com (authorized).
`
`Robert D. Michaux submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest
`court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
`The applicant's current Correspondence Information:
`
`      Robert D. Michaux
`
`      Christian & Barton, LLP
`
`      909 East Main Street, Suite 1200
`
`      Richmond, Virginia 23219
`
`      804-697-4100(phone)
`
`      trademarks@cblaw.com (authorized).
`
`Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant or the applicant's
`attorney, or the applicant's domestic representative at the email address provided in this application. I understand that a valid email address must
`be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the
`Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Plus status and a requirement to submit an
`
`

`

`additional processing fee of $125 per international class of goods/services.
`
`A fee payment in the amount of $450 has been submitted with the application, representing payment for 2 class(es).
`
`Declaration
`
`Basis:
`If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a):
`
`The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered;
`The mark is in use in commerce on or in connection with the goods/services in the application;
`The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and
`To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
`
`AND/OR
`If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d),
`and/or § 1126(e):
`
`The signatory believes that the applicant is entitled to use the mark in commerce;
`The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the
`application; and
`To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
`
`To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the
`mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the
`goods/services of such other persons, to cause confusion or mistake, or to deceive.
`
`To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the
`allegations and other factual contentions made above have evidentiary support.
`
`The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §
`1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration
`resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and
`belief are believed to be true.
`
`Declaration Signature
`
`Signature: /Kristen Krop/   Date: 10/31/2019
`Signatory's Name: Kristen Krop
`Signatory's Position: President
`Signatory's Phone Number: 4344225027
`Payment Sale Number: 88675070
`Payment Accounting Date: 10/31/2019
`
`Serial Number: 88675070
`Internet Transmission Date: Thu Oct 31 09:21:33 EDT 2019
`TEAS Stamp: USPTO/FTK-XXX.XX.XX.XX-20191031092133512
`658-88675070-7001e4150f7747abeb82e2df14f
`ef7c93eead8e85129d8b5189ec13755a543f0cd-
`CC-21327765-20191029171140049323
` 
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`ION*
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`EXHIBIT B
`EXHIBIT B
`
`

`

`Reg. No. 6,145,433
`
`Registered Sep. 08, 2020
`
`Biomic Sciences LLC  (VIRGINIA LIMITED LIABILITY COMPANY)
`4351 Seminole Trail
`Charlottesville, VIRGINIA 22911
`
`Int. Cl.: 5
`
`Trademark
`
`CLASS 5: Dietary and nutritional supplements
`
`FIRST USE 9-12-2019; IN COMMERCE 9-12-2019
`
`Principal Register
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY
`PARTICULAR FONT STYLE, SIZE OR COLOR
`
`SER. NO. 88-614,717, FILED 09-12-2019
`
`

`

`Reg. No. 6,145,434
`
`Registered Sep. 08, 2020
`
`Biomic Sciences LLC  (VIRGINIA LIMITED LIABILITY COMPANY)
`4351 Seminole Trail
`Charlottesville, VIRGINIA 22911
`
`Int. Cl.: 5
`
`Trademark
`
`CLASS 5: Dietary and nutritional supplements
`
`FIRST USE 9-12-2019; IN COMMERCE 9-12-2019
`
`Principal Register
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY
`PARTICULAR FONT STYLE, SIZE OR COLOR
`
`No claim is made to the exclusive right to use the following apart from the mark as shown:
`"HEALTH"
`
`SER. NO. 88-614,719, FILED 09-12-2019
`
`

`

`Reg. No. 6,608,899
`
`Registered Jan. 04, 2022
`
`Int. Cl.: 3, 5, 35, 41
`
`Service Mark
`
`Trademark
`
`Principal Register
`
`Biomic Sciences LLC  (VIRGINIA LIMITED LIABILITY COMPANY)
`PO Box 4574
`Charlottesville, VIRGINIA 22905
`
`CLASS 3: Cosmetics; Face powder; Skin care products, namely, non-medicated skin
`serum; Skin moisturizer
`
`FIRST USE 9-11-2021; IN COMMERCE 9-11-2021
`
`CLASS 5: Dietary and nutritional supplements; Nasal spray preparations
`
`FIRST USE 9-12-2019; IN COMMERCE 9-12-2019
`
`CLASS 35: On-line wholesale and retail store services featuring dietary and nutritional
`supplements, cosmetics, skin care products, and nasal spray preparations
`
`FIRST USE 9-12-2019; IN COMMERCE 9-12-2019
`
`CLASS 41: Providing a website featuring blogs and non-downloadable publications in
`the nature of articles in the field(s) of health, diet, and nutrition
`
`FIRST USE 8-16-2021; IN COMMERCE 8-16-2021
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO
`ANY PARTICULAR FONT STYLE, SIZE OR COLOR
`
`SER. NO. 88-614,713, FILED 09-12-2019
`
`

`

`Reg. No. 6,623,835
`
`Registered Jan. 18, 2022
`
`Biomic Sciences LLC  (VIRGINIA LIMITED LIABILITY COMPANY)
`PO Box 4574
`Charlottesville, VIRGINIA 22905
`
`Int. Cl.: 5
`
`Trademark
`
`Principal Register
`
`CLASS 5: Dietary and nutritional supplements; Nasal spray preparations
`
`FIRST USE 9-11-2021; IN COMMERCE 9-11-2021
`
`The mark consists of the stylized word "ION" followed by an asterisk, followed by the
`word "INTELLIGENCE" stacked above the words "OF NATURE".
`
`OWNER OF U.S. REG. NO. 6145434, 6145433
`
`SER. NO. 90-355,509, FILED 12-02-2020
`
`

`

`Reg. No. 6,713,746
`
`Registered Apr. 26, 2022
`
`Biomic Sciences LLC  (VIRGINIA LIMITED LIABILITY COMPANY)
`PO Box 4574
`Charlottesville, VIRGINIA 22905
`
`Int. Cl.: 3
`
`Trademark
`
`Principal Register
`
`CLASS 3: Cosmetics; Face powder; Skin care products, namely, non-medicated skin
`serum; Skin moisturizer
`
`FIRST USE 9-11-2021; IN COMMERCE 9-11-2021
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO
`ANY PARTICULAR FONT STYLE, SIZE OR COLOR
`
`SER. NO. 88-614,706, FILED 09-12-2019
`
`

`

`Digitally Signed By: United States Patent and Trademark Office
`Location: United States Patent and Trademark Office
`Date: 2022.05.26 23:10:09 -04'00'
`
`Reg. No. 6,747,214
`
`Registered May 31, 2022
`
`Biomic Sciences LLC  (VIRGINIA LIMITED LIABILITY COMPANY)
`PO Box 4574
`Charlottesville, VIRGINIA 22905
`
`Int. Cl.: 3
`
`Trademark
`
`Principal Register
`
`CLASS 3: Cosmetics; Face powder; Skin care products, namely, non-medicated skin
`serum; Skin moisturizer
`
`FIRST USE 2-14-2022; IN COMMERCE 2-14-2022
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO
`ANY PARTICULAR FONT STYLE, SIZE OR COLOR
`
`SER. NO. 88-614,698, FILED 09-12-2019
`
`

`

`Digitally Signed By: United States Patent and Trademark Office
`Location: United States Patent and Trademark Office
`Date: 2022.05.26 23:10:11 -04'00'
`
`Reg. No. 6,747,215
`
`Registered May 31, 2022
`
`Biomic Sciences LLC  (VIRGINIA LIMITED LIABILITY COMPANY)
`PO Box 4574
`Charlottesville, VIRGINIA 22905
`
`Int. Cl.: 5
`
`Trademark
`
`Principal Register
`
`CLASS 5: Dietary and nutritional supplements
`
`FIRST USE 2-14-2022; IN COMMERCE 2-14-2022
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO
`ANY PARTICULAR FONT STYLE, SIZE OR COLOR
`
`SER. NO. 88-614,710, FILED 09-12-2019
`
`

`

`Digitally Signed By: United States Patent and Trademark Office
`Location: United States Patent and Trademark Office
`Date: 2022.11.06 06:12:09 -05'00'
`
`Reg. No. 6,908,566
`
`Registered Nov. 22, 2022
`
`Int. Cl.: 5
`
`Trademark
`
`Principal Register
`
`Biomic Sciences LLC  (VIRGINIA LIMITED LIABILITY COMPANY), DBA
`ION*BIOME
`PO Box 4574
`Charlottesville, VIRGINIA 22905
`
`CLASS 5: Dietary supplements; Nasal spray preparations; Nutritional supplements
`
`FIRST USE 9-11-2021; IN COMMERCE 9-11-2021
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO
`ANY PARTICULAR FONT STYLE, SIZE OR COLOR
`
`SER. NO. 90-978,074, FILED 09-28-2020
`
`

`

`
`
`
`
`EXHIBIT C
`EXHIBIT C
`
`

`

`Int. Cl: 5
`
`Prior U.S. Cls.: 6, 18, 44, 46, 51 and 52
`
`United States Patent and Trademark Office
`
`Reg. No. 3,439,080
`Registered June 3, 2008
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`PH ION
`
`APEX MERCHANDISE GROUP, LLC (ARIZONA
`LTD LIAB CO)
`7741 E. GRAY ROAD, SUITE 9
`SCOTTSDALE, AZ 85260
`
`FOR: NUTRITIONAL SUPPLEMENTS: DIETARY
`SUPPLEMENTS: FOOD SUPPLEMENTS: NUTRI-
`TIONAL DRINK MIX FOR USE AS A MEALRE-
`PLACEMENT; MEAL REPLACEMENT AND
`DIETARY SUPPLEMENT DRINK MIXES; HERBAL
`SUPPLEMENTS; MINERAL SUPPLEMENTS; VITA-
`MIN SUPPLEMENTS; VITAMIN ENRICHED WA-
`TER; VITAMIN FORTIFIED BEVERAGES: HERBAL
`TEAS FOR MEDICINAL PURPOSES; DIETARYFI-
`BER AS AN ADDITIVE FOR FOOD PRODUCTS, IN
`CLASS5 (US. CLS. 6, 18, 44, 46, 51 AND 52).
`
`FIRST USE 1-0-2003; IN COMMERCE1-0-2003.
`
`THE MARK CONSISTS OF STANDARD CHAR-
`ACTERS WITHOUT CLAIMTO ANY PARTICULAR
`FONT, STYLE, SIZE, OR COLOR.
`
`NO CLAIM IS MADE TO THE EXCLUSIVE
`RIGHT TO USE "PH" ,APART FROM THE MARK
`AS SHOWN.
`
`SER. NO. 77-125,462, FILED 3-8-2007.
`
`DAVID ELTON, EXAMINING ATTORNEY
`
`

`

`
`
`
`
`EXHIBIT D
`EXHIBIT D
`
`

`

`@ 5 1 https://phionbalance.comyproducts
`@ pHion Balance
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`EXHIBIT E
`EXHIBIT E
`
`

`

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`http://www.phionbalance.com/ph-balancing-products/alkaline-minerals/phion-alkaline-minerals[ 12/1/2014 4:46:45 PM]
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