ESTTA Tracking number:
`
`ESTTA1349666
`
`Filing date:
`
`04/01/2024
`
`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
`
`Navitas, LLC
`
`limited liability company
`
`15 PAMARON WAY
`NOVATO, CA 94949
`UNITED STATES
`
`Incorporated or
`registered in
`
`Delaware
`
`Attorney informa-
`tion
`
`SABRINA A. LARSON
`COBLENTZ PATCH DUFFY & BASS LLP
`ONE MONTGOMERY STREET, SUITE 3000
`SAN FRANCISCO, CA 94114
`UNITED STATES
`Primary email: ef-szl@cpdb.com
`Secondary email(s): ef-ksf@cpdb.com, tmlarson@coblentzlaw.com, trade-
`mark@coblentzlaw.com
`415.391.4800
`
`Docket no.
`
`014993.0001
`
`Registration subject to cancellation
`
`Registration no.
`
`7139313
`
`Registration date
`
`08/15/2023
`
`Register
`
`Registrants
`
`Principal
`
`Cai, Xing
`150 TRIPHAMMER RD
`ITHACA, NY 148502515
`UNITED STATES
`
`Tang, Qiangyong
`150 TRIPHAMMER RD
`ITHACA, NY 148502515
`UNITED STATES
`
`Goods/services subject to cancellation
`
`Class 005. First Use: Dec 1, 2022 First Use In Commerce: Dec 1, 2022
`All goods and services in the class are subject to cancellation, namely: Nutritional supplement energy
`bars; Nutritional supplement for eliminating toxins from the body; Nutritional supplement for eliminat-
`ing toxins from the intestinal tract; Nutritional supplement in the nature of a nutrient-dense, protein-
`based drink mix; Nutritional supplement meal replacement bars for boosting energy; Nutritional sup-
`plement shakes; Nutritional supplements; Nutritional supplements in capsule form for dogs; Nutrition-
`al supplements in lotion form sold as a component of nutritional skin care products; Nutritional sup-
`plements in the nature of nutritionally fortified soft chews; Nutritional supplements, namely, carbo-
`hydrates in powdered form; Nutritional supplements, namely, probiotic compositions; Nutritional and
`dietary supplements formed and packaged as bars; Powdered nutritional supplement drink mix con-
`
`

`

`taining vitamin C; Powdered nutritional supplement drink mix containing Protein; Powdered nutritional
`supplement drink mix containing Acerola Cherries; Powdered nutritional supplement drink mix con-
`taining Mango Extract; Powdered nutritional supplement drink mix containing Amla Fruit; Powdered
`nutritional supplement drink mix containing Barley Grass; Powdered nutritional supplement drink mix
`containing Chlorella; Powdered nutritional supplement drink mix containing Goji Berry; Powdered nu-
`tritional supplement drink mix containing Hyaluronic Acid; Powdered nutritional supplement drink mix
`containing Beet Root; Powdered nutritional supplement drink mix containing Spirulina; Animal feed
`additive for use as a nutritional supplement for medical purposes; Animal feed additives for use as
`nutritional supplements; Beverages containing chlorophyll for use as a nutritional supplement; Dietary
`and nutritional supplements; Dietary and nutritional supplements for endurance sports; Dietary and
`nutritional supplements used for weight loss; Fungal extracts sold as a component ingredient of nutri-
`tional supplements and vitamins; Liquid nutritional supplement; Mineral nutritional supplements; Non-
`medicated additives for animal feed for use as nutritional supplements; Nopal cactus juice for use as
`a nutritional supplement; Powdered nutritional supplement concentrate; Powdered nutritional supple-
`ment drink mix; Powdered nutritional supplement drink mix and concentrate; Soy protein for use as a
`nutritional supplement in various powdered and ready-to-drink beverages; Vegan protein for use as a
`nutritional supplement in ready-to-drink beverages
`
`Grounds for cancellation
`
`Priority and likelihood of confusion
`
`Trademark Act Sections 14(1) and 2(d)
`
`No use of mark in commerce before application,
`amendment to allege use, or statement of use
`was due
`
`Fraud on the USPTO
`
`Trademark Act Sections 14(1) and 1(a), (c), and
`(d)
`
`Trademark Act Section 14(3); In re Bose Corp.,
`580 F.3d 1240, 91 USPQ2d 1938 (Fed. Cir.
`2009)
`
`Mark cited by petitioner as basis for cancellation
`
`U.S. application
`no.
`
`90015767
`
`Application date
`
`06/23/2020
`
`Register
`
`Principal
`
`Registration date
`
`NONE
`
`Word mark
`
`Design mark
`
`SUPERFOOD+
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 005. First use: First Use: Mar 31, 2016 First Use In Commerce: Mar 31,
`2016
`Nutritional supplement meal replacement bars; Nutritional supplements contain-
`ing ingredients derived from superfoods
`
`Attachments
`
`90015767#TMSN.png( bytes )
`
`

`

`24-04-01 TTAB Petition to Cancel - Navitas v Cai.pdf(151466 bytes )
`Ex A - S14724748-navitasorganics.com_2024-03-12-23-30-08.pdf(2064869
`bytes )
`Ex B - 90015767.pdf(199264 bytes )
`Ex C - 88078579.pdf(268837 bytes )
`Ex D - S14724794-www.amazon.com_2024-03-12-23-32-15.pdf(3203165 bytes
`
`) E
`
`x E - S14724853-zenkgo.com_2024-03-12-23-34-16.pdf(1156755 bytes )
`
`Signature
`
`/Sabrina A. Larson/
`
`Name
`
`Date
`
`Sabrina A. Larson
`
`04/01/2024
`
`

`

`
`
`KAREN S. FRANK
`SABRINA A. LARSON
`COBLENTZ PATCH DUFFY & BASS LLP
`One Montgomery Street, Suite 3000
`San Francisco, California 94104-5500
`Telephone: 415.391.4800
`Facsimile: 415.989.1663
`Email:
`ef-ksf@cpdb.com
`ef-szl@cpdb.com
`
`
`Attorneys for Petitioner
`Navitas, LLC
`
`SUPERFOODPLUS
`Mark:
`Reg. No.: 7,139,313
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`NAVITAS, LLC
`
`
`
`
`v.
`
`Petitioner,
`
`
`XING CAI and QIANGYOUNG TANG,
`
`
`Respondents.
`
`
`
`
`
`
`
`
`
`PETITION TO CANCEL
`
`
`Proceeding No.
`
`Registration No.: 7,139,313
`
`Petitioner Navitas, LLC, a Delaware corporation with an address of 15 Pamaron Way
`
`Novato, California 94949 (“Navitas” or “Petitioner”) believes that it is, and will continue to be,
`
`damaged by the continued registration of Registration No. 7,139,313 and, pursuant to 15 U.S.C.
`
`§ 1064 and 37 C.F.R. § 2.111, hereby petitions to cancel the same (the “Petition”). As grounds
`
`for the Petition, Navitas alleges the following:
`
`PARTIES
`
`1.
`
`Petitioner Navitas, LLC is a Delaware corporation with its business address at 15
`
`Pamaron Way Novato, California 94949.
`
`014993.0001 4885-9108-6508.5
`
`1
`
`

`

`
`
`2.
`
`On information and belief, Respondents Xing Cai and Qiangyoung Tang
`
`(“Respondents”) are Chinese citizens who each have an address at 150 Triphammer Road, Ithaca
`
`New York 14850.
`
`DESCRIPTION OF THE DISPUTED MARK
`
`3.
`
`On August 15, 2023, Respondents registered the mark SUPERFOODPLUS
`
`(standard characters) (the “Disputed Mark”) in International Class 5 for “Nutritional supplement
`
`energy bars; Nutritional supplement for eliminating toxins from the body; Nutritional
`
`supplement for eliminating toxins from the intestinal tract; Nutritional supplement in the nature
`
`of a nutrient-dense, protein-based drink mix; Nutritional supplement meal replacement bars for
`
`boosting energy; Nutritional supplement shakes; Nutritional supplements; Nutritional
`
`supplements in capsule form for dogs; Nutritional supplements in lotion form sold as a
`
`component of nutritional skin care products; Nutritional supplements in the nature of
`
`nutritionally fortified soft chews; Nutritional supplements, namely, carbohydrates in powdered
`
`form; Nutritional supplements, namely, probiotic compositions; Nutritional and dietary
`
`supplements formed and packaged as bars; Powdered nutritional supplement drink mix
`
`containing vitamin C; Powdered nutritional supplement drink mix containing Protein; Powdered
`
`nutritional supplement drink mix containing Acerola Cherries; Powdered nutritional supplement
`
`drink mix containing Mango Extract; Powdered nutritional supplement drink mix containing
`
`Amla Fruit; Powdered nutritional supplement drink mix containing Barley Grass; Powdered
`
`nutritional supplement drink mix containing Chlorella; Powdered nutritional supplement drink
`
`mix containing Goji Berry; Powdered nutritional supplement drink mix containing Hyaluronic
`
`Acid; Powdered nutritional supplement drink mix containing Beet Root; Powdered nutritional
`
`supplement drink mix containing Spirulina; Animal feed additive for use as a nutritional
`
`supplement for medical purposes; Animal feed additives for use as nutritional supplements;
`
`Beverages containing chlorophyll for use as a nutritional supplement; Dietary and nutritional
`
`supplements; Dietary and nutritional supplements for endurance sports; Dietary and nutritional
`
`supplements used for weight loss; Fungal extracts sold as a component ingredient of nutritional
`
`014993.0001 4885-9108-6508.5
`
`2
`
`

`

`
`
`supplements and vitamins; Liquid nutritional supplement; Mineral nutritional supplements; Non-
`
`medicated additives for animal feed for use as nutritional supplements; Nopal cactus juice for use
`
`as a nutritional supplement; Powdered nutritional supplement concentrate; Powdered nutritional
`
`supplement drink mix; Powdered nutritional supplement drink mix and concentrate; Soy protein
`
`for use as a nutritional supplement in various powdered and ready-to-drink beverages; Vegan
`
`protein for use as a nutritional supplement in ready-to-drink beverages” (the “Applied-For Class
`
`of Goods”).
`
`NAVITAS’ TRADEMARK
`
`4.
`
`Navitas is a Certified B Corporation that works to build health and wellness for
`
`people and the planet through nutritious food and organic farming. Navitas has centered its
`
`business on selling “Superfood” (food that has exceptional nutrient density) for more than two
`
`decades.
`
`5.
`
`Since at least as early as 2016, and well prior to Respondents’ filing date and
`
`alleged first use date, Navitas has continuously used the trademark SUPERFOOD+ using
`
`standard characters (the “SUPERFOOD+ Mark”) in connection with “Nutritional supplement
`
`meal replacement bars; Nutritional supplements containing ingredients derived from superfoods”
`
`(the “Navitas Goods”).
`
`6.
`
`Navitas was the owner of Trademark Registration No. 4,726,368 for the mark
`
`SUPERFOOD+ for organic processed nuts and seeds, registered on April 28, 2015, claiming use
`
`at least as early as February 27, 2014.
`
`7.
`
`Navitas has continuously used the SUPERFOOD+ Mark for the Navitas Goods,
`
`including by selling products using the SUPERFOOD+ Mark on its website on the webpage
`
`shown in Exhibit A (https://navitasorganics.com/pages/search-results-page?q=superfood%2B).
`
`In addition, Navitas has marketed and sold products under the SUPERFOOD+ Mark to
`
`thousands of customers through major retailers such as Amazon.com, Whole Foods Market,
`
`Walmart, and Sprouts Farmers Market, among others. Navitas has also marketed the Navitas
`
`Goods under its SUPERFOOD+ Mark on its various social media platforms, such as Instagram
`
`014993.0001 4885-9108-6508.5
`
`3
`
`

`

`
`
`and Facebook, where it has tens of thousands of followers.
`
`8.
`
`Since 2016, Navitas has spent significant time, energy, and expense planning,
`
`building, and developing its business under the SUPERFOOD+ Mark, and developing goodwill
`
`and value in association with its trademark. As a result of Navitas’ extensive use of the
`
`SUPERFOOD+ Mark in connection with its business, the SUPERFOOD+ Mark is distinctive
`
`and identifies Navitas as the single source of the Navitas Goods. Through such continuous and
`
`widespread use and promotion of the SUPERFOOD+ Mark, Navitas has acquired common law
`
`rights in the SUPERFOOD+ Mark.
`
`9.
`
`Navitas also owns U.S. Application Serial No. 90/015,767 for the SUPERFOOD+
`
`Mark for “Nutritional supplement meal replacement bars; Nutritional supplements containing
`
`ingredients derived from superfoods” in International Class 005. U.S. Application Serial No.
`
`90/015,767 was filed on June 23, 2020 based on a first use in commerce in International Class 5
`
`on March 31, 2016, which is well prior to August 15, 2018, the filing date for Respondents’
`
`intent-to-use trademark application that was ultimately registered as the Disputed Mark.
`
`Attached hereto as Exhibit B is a true and correct copy of a printout of the Trademark Status and
`
`Document Retrieval (“TSDR”) page for U.S. Application Serial No. 90/015,767.
`
`10.
`
`Navitas owns the goodwill and reputation of the Navitas Goods in connection
`
`with and symbolized by the SUPERFOOD+ Mark. As a result of Petitioner’s extensive
`
`marketing and promotion of its nutritional goods, Navitas has built up highly valuable goodwill
`
`in the SUPERFOOD+ Mark, and said goodwill has become closely and uniquely identified and
`
`associated with Navitas and the Navitas Goods.
`
`11.
`
`The United Patent and Trademark Office Examining Attorney for Navitas’
`
`Application Serial No. 90/015,767 for the SUPERFOOD+ Mark has cited the Disputed Mark in
`
`a Section 2(d) refusal, refusing registration of the SUPERFOOD+ Mark under Trademark Act
`
`Section 2(d) because of a likelihood of confusion with the Disputed Mark.
`
`RESPONDENTS’ ABANDONED PLAN TO USE THE DISPUTED MARK
`
`12.
`
`On information and belief, Respondents are two individuals who do not conduct
`
`014993.0001 4885-9108-6508.5
`
`4
`
`

`

`
`
`any business.
`
`13.
`
`On August 15, 2018, Respondents filed an intent-to-use trademark application
`
`(“the Application”) for SUPERFOODPLUS in International Class 005 for the above-defined
`
`Applied-For Class of Goods.
`
`14.
`
`In the Application, under penalty of perjury, Respondents declared that they had a
`
`bona fide intent to use the mark in commerce as individuals.
`
`15.
`
`On information and belief, Respondents have never used the SUPERFOODPLUS
`
`mark in their individual capacity.
`
`16.
`
`On May 17, 2023, Respondents filed a Statement of Use with the U.S. Patent and
`
`Trademark Office claiming that the SUPERFOODPLUS mark was first used in commerce on
`
`December 1, 2022. Attached hereto as Exhibit C is a true and correct copy of a printout of the
`
`TSDR page for the Statement of Use for the Application. The Statement of Use includes only
`
`two pictures which depict a bottle of “Organic Raw Beet Root Powder,” and shows that the party
`
`selling the goods and using the mark is Zenkgo.com. The Statement of Use is signed by Xing
`
`Cai with the title “CEO” even though the registrant entities are individuals and not a company.
`
`17.
`
`The Statement of Use also purports to include a link to the product on
`
`Amazon.com. At this time, that webpage states that the product is “Currently unavailable” and
`
`further states that “We don’t know when or if this item will be back in stock” as shown in
`
`Exhibit D (https://www.amazon.com/Organic-Beet-Root-Power-Zenkgo/dp/B0BJPSKNY4).
`
`18.
`
`In addition, the Statement of Use shows the following sentence on the rear label
`
`of the bottle of “Organic Raw Beet Root Powder,” “With SuperfoodPlus™, we travelled the
`
`globe to find the best of the best ingredients to make you look great and feel great.”
`
`19.
`
`But that sentence does not appear on the Zenkgo webpage for the Organic Raw
`
`Beet Root Powder as shown in Exhibit E (https://zenkgo.com/products/beet-root-
`
`powder?_pos=1&_sid=1f3e730ed&_ss=r). There are no other references to SUPERFOODPLUS
`
`or the SUPERFOODPLUS mark on the Zenkgo webpage for Organic Raw Beet Root Powder.
`
`014993.0001 4885-9108-6508.5
`
`5
`
`

`

`
`
`COUNT ONE: LIKELIHOOD OF CONFUSION
`
`20.
`
`Petitioner incorporates the preceding paragraphs as if fully set forth herein.
`
`21.
`
`Since at least as early as 2015, substantially prior to Respondents’ application to
`
`register the Disputed Mark and substantially prior to Respondents’ claimed first date of use,
`
`Navitas has continuously offered for sale and sold the Navitas Goods under the SUPERFOOD+
`
`Mark.
`
`22.
`
`On information and belief, any use by Respondents of the Disputed Mark does not
`
`predate Petitioner’s common law rights in the SUPERFOOD+ Mark.
`
`23.
`
`The SUPERFOODPLUS mark so resembles Navitas’ SUPERFOOD+ Mark as to
`
`be likely, when used on or in connection with the goods identified in the Applied-For Class of
`
`Goods and Navitas’ Goods, to cause confusion, or to cause mistake, or to deceive. Respondents’
`
`SUPERFOODPLUS mark is highly similar to Petitioner’s SUPERFOOD+ Mark.
`
`24.
`
`The marks are nearly identical, and both marks use the words “SuperFood[Plus].”
`
`The only difference between the marks is that Petitioner’s mark uses the “+” symbol (i.e.
`
`SUPERFOOD+), while Respondents’ Disputed Mark uses text, spelling out the word “plus” (i.e.
`
`SUPERFOODPLUS).
`
`25.
`
`The Disputed Mark is identical in sound and meaning to Petitioner’s
`
`SUPERFOOD+ Mark. With respect to Petitioner’s SUPERFOOD+ Mark, Respondents’
`
`SUPERFOODPLUS mark is phonetically identical because the mark is pronounced “Super Food
`
`Plus,” identical to Petitioner’s SUPERFOOD+ Mark. With respect to Petitioner’s
`
`SUPERFOOD+ Mark, Respondents’ SUPERFOODPLUS mark has the same meaning because
`
`both marks mean “SuperFoodPlus.” With respect to Petitioner’s SUPERFOOD+ Mark,
`
`Respondents’ SUPERFOODPLUS mark is visually similar as both display the text
`
`“SuperFood[Plus]” using standard characters. Evaluated in their entireties, the marks convey
`
`similar commercial impressions.
`
`26.
`
`Petitioner and Respondents’ goods are identical, complementary, or otherwise
`
`closely related to each other because both parties use the mark in connection with the sale of
`
`014993.0001 4885-9108-6508.5
`
`6
`
`

`

`
`
`nutritional food supplements.
`
`27.
`
`Petitioner is informed, believes, and on that basis alleges that Respondents’
`
`consumers for the goods identified in the Registration at issue likely consist of many of the same
`
`consumers of Petitioner’s goods, who are already familiar with Petitioner’s SUPERFOOD+
`
`Mark and the goods offered under that mark.
`
`28.
`
`Petitioner is informed, believes, and on that basis alleges that Respondents offer
`
`and distribute their goods through channels of trade that overlap with those used by Petitioner to
`
`offer and distribute Petitioner’s goods, and that Respondents target consumers of goods that
`
`Petitioner targets under its SUPERFOOD+ Mark for its own goods.
`
`29.
`
`Accordingly, Petitioner requests cancellation of Registration No. 7,139,313
`
`pursuant to 15 U.S.C. § 1064.
`
`COUNT TWO: REGISTRATION VOID AB INITIO BECAUSE MARK NOT IN USE AT
`
`TIME OF STATEMENT OF USE
`
`30.
`
`Petitioner incorporates the preceding paragraphs as if fully set forth herein.
`
`31.
`
`In their Statement of Use, Respondents claimed that they had used the
`
`SUPERFOODPLUS mark in commerce on December 1, 2022.
`
`32.
`
`In fact, as of the Statement of Use filing date, Respondents had not used the
`
`SUPERFOODPLUS mark in commerce at all, because Respondents as individuals had never
`
`made any use of it.
`
`33.
`
`At best, any use of the SUPERFOODPLUS mark made by Respondents was
`
`“merely to reserve a right in the mark.” 15 U.S.C. § 1127.
`
`34.
`
`Because the mark was not yet in use in commerce as of the filing date of the
`
`Statement of Use, the registration is void ab initio.
`
`35.
`
`Accordingly, Petitioner requests cancellation of Registration No. 7,139,313.
`
`COUNT THREE: REGISTRATION VOID AB INITIO BECAUSE MARK NOT YET IN
`USE AT TIME OF STATEMENT OF USE
`
`36.
`
`Petitioner incorporates the preceding paragraphs as if fully set forth herein.
`
`37.
`
`In their Statement of Use, Respondents claimed that they had used the
`
`014993.0001 4885-9108-6508.5
`
`7
`
`

`

`
`
`SUPERFOODPLUS mark in commerce on December 1, 2022 with all of the goods listed in the
`
`Application.
`
`38.
`
`In fact, as of the Statement of Use filing date, Respondents, at most had only used
`
`the SUPERFOODPLUS mark in connection with “Organic Raw Beet Powder” and no other
`
`goods, despite seeking to register the mark in the broad range of goods listed in the Applied-For
`
`Class of Goods.
`
`39.
`
`Because the mark was not yet in use in commerce as of the filing date of the
`
`Statement of Use with, at most, any goods other than “Organic Raw Beet Powder,” the
`
`registration is void ab initio.
`
`40.
`
`Accordingly, Petitioner requests cancellation of Registration No. 7,139,313.
`
`COUNT FOUR: FRAUDULENT CLAIM OF USE
`
`41.
`
`Petitioner incorporates the preceding paragraphs as if fully set forth herein.
`
`42.
`
`In their Statement of Use filed on May 17, 2023, Respondents claimed that they
`
`had used the SUPERFOODPLUS mark in commerce on December 1, 2022 with all of the goods
`
`listed in the Applied-for Class of Goods.
`
`43.
`
`Specifically, Xing Cai signed this statement under oath, with the title “CEO” even
`
`thought the registrant entities are individuals and not a company.
`
`44. When Xing Cai filed this statement, Respondents knew that, in fact, they had
`
`never used the SUPERFOODPLUS mark in commerce.
`
`45.
`
`Respondents knew that USPTO rules precluded them from claiming use in
`
`commerce given that fact, among others.
`
`46.
`
`Despite this fact, Respondents claimed in May 2023 that they had used the
`
`SUPERFOODPLUS mark in commerce as of December 1, 2022.
`
`47.
`
`This statement was false, it was material in that it caused the USPTO to register
`
`the SUPERFOODPLUS mark improperly, and Respondents made it with the intent to deceive
`
`the USPTO.
`
`48.
`
`Accordingly, Petitioner requests cancellation of Registration No. 7,139,313.
`
`014993.0001 4885-9108-6508.5
`
`8
`
`

`

`
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Petitioner prays that this petition be sustained and that Registration
`
`No. 7,139,313 be cancelled. Petitioner hereby appoints Coblentz Patch Duffy & Bass LLP, a law
`
`firm composed of members of the bar of the State of California, to act as attorneys for Petitioner
`
`herein, with full power to prosecute this opposition proceeding, to transact all relevant business
`
`with the United States Patent and Trademark Office and in the United States Courts, and to
`
`receive all official communications in connection with this opposition proceeding.
`
`DATED: April 1, 2024
`
`
`
`
`
`
`
`
`
`
`COBLENTZ PATCH DUFFY & BASS LLP
`
`
`By:
`
`SABRINA A. LARSON
`KAREN S. FRANK
`Attorneys for Opposer
`NAVITAS, LLC
`
`014993.0001 4885-9108-6508.5
`
`9
`
`

`

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`
`EXHIBIT A
`EXHIBIT A
`
`

`

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`Navitas Organics Superfood+ Greens
`Blend is a nutritious mix of moringa....
`
`Navitas Organics Superfood+ Berry
`Blend is a powerful mix of nature(cid:8217)s mo...
`
`$14.99
`
`kkk ket
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`$14.99
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`kkk
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`33 review(s)
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`26 review(s)
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`a
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`NAVITAS
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`Cy
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`ORGANIC
`SUPERFOOD+
`ADAPTOGEN BLEND
`
`Superfood+ Sea Veggie Blend
`
`Superfood+ Adaptogen Blend
`
`Navitas Organics Superfood+ Sea
`
`Veggie Blend brings oceanic nutrition t...
`
`Navitas Organics Superfood+
`Adaptogen Blend is a convenient mix ...
`
`$19.99
`
`kkk KS
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`7 review(s)
`
`$14.99
`
`kkk kk
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`40 review(s)
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`Performance (22)
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`
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`|_| Paleo Friendly (30)
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`(_| Stress Relief (8)
`
`
`_| Plant Based/Vegan (34)
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`« Rating
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`DC
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`kek
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`Page 1 of 5
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`Document title: superfood+ - Navitas Organics
`Capture URL: https://navitasorganics.com/pages/search-results-page?q=superfood%2B
`Capture timestamp (UTC): Tue, 12 Mar 2024 23:30:49 GMT
`
`

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`|_| No reviews (2)
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`« Collections
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`(| Acai (2)
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`(_] All products test for
`filters (40)
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`(_} Anti-Inflammatory (23)
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`|_| Baking Ingredients (26)
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`(_] Brain Health (13)
`
`(_] Bundle & Save (5)
`
`nee eee
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`nee eee
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`Veggie Blend brings oceanic nutrition t...
`
`Adaptogen Blend is a convenient mix ...
`
`$19.99
`
`kkk
`
`7 review(s)
`
`$14.99
`
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`40 review(s)
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`NAVITAS*
`ORGANICS
`
`POWER
`SNACKS
`
`Superfood+ Immunity Blend
`
`Power Snacks Blueberry Hemp
`
`Navitas Organics Superfood+ Immunity
`Blend combines three vitamin C...
`
`Navitas Organics Blueberry Hemp
`Power Snacks bring together two..
`
`$14.99
`
`kkk kk
`
`26 review(s)
`
`$9.99
`
`kkk kk
`
`49 review(s)
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`
`$35.96 $39-96
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`kkk kk
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`96 review(s)
`
`(3)
`NAVITAS*®
`
`OaGaMics
`
`Power Snacks Superfood PB&J
`
`With a simple ingredient list full of
`premium, organic superfoods and who...
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`$9.99
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`Document title: superfood+ - Navitas Organics
`Capture URL: https://navitasorganics.com/pages/search-results-page?q=superfood%2B
`
`Capture timestamp (UTC): Tue, 12 Mar 2024 23:30:49 GMT
`
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`Page 2 of 5
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`POWER
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`SNACKS
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`Power Snacks Cacao Goji
`
`Power Snacks Chocolate Brownie
`
`Navitas Organics Cacao Goji Power
`Snacks bring together two classic...
`
`Navitas Organics Chocolate Brownie
`Power Snacks are your ticket to...
`
`$9.99
`
`Buy Now
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`kkk kk
`
`$9.99
`
`Buy Now
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`kkk kk
`
`75 review(s)
`
`
`
`74 review(s)
`
`Stress Reducer Bundle
`
`Superberry Bundle
`
`Keep your calm with our Stress Reducer
`
`Snack your way to wellness with our trio
`
`Bundle! Combining supportive...
`
`of superfood berries! With loads of...
`
`$50.36 $55-96
`
`$38.67 $42.97
`
`Bu 4 Nex)
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`kkk kk
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`15 review(s)
`
`ORGanic
`
`MATCHA
`POWDER
`
`Toppers Bundle
`
`Matcha Powder
`
`Our topper trifecta of Chia seeds, Cacao
`Nibs and Hemp Seeds will elevate ever...
`
`Navitas Organics Matcha Powder is
`premium culinary grade and organicall...
`
`$26.97 $29-97
`
`Buy Now
`
`$21.99
`
`Buy Now
`
`kkk kk
`
`
`
`40 review(s)
`
`
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`
`
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`
`
`NAVITAS
`
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`Document title: superfood+ - Navitas Organics
`Capture URL: https://navitasorganics.com/pages/search-results-page?q=superfood%2B
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`
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`Capture timestamp (UTC): Tue, 12 Mar 2024 23:30:49 GMT
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`Q) It] oleae
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`Page 3 of 5
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`40 review(s)
`
`NAVITAS
`
`ORGANIC
`POMEGRANATE
`POWDER
`
`NP ake
`
`Pomegranate Powder
`
`Maqui Powder
`
`Navitas Organics Pomegranate Powder
`is a sweet, easy way to get all of...
`
`The maqui berry is a superfood
`superstar, with far more antioxidants...
`
`$22.99
`
`B eas N OW
`
`KOK tok
`
`$22.99
`
`Buy Now
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`kk kkk
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`
`
`
`40 review(s)
`
`31 review(s)
`
`NAVITAS
`
`ORGANIC
`
`MACA
`
`POWDER
`
`bs |
`|
`
`CHIA
`POWDER
`
`Maca Powder
`
`Chia Seed Powder
`
`Navitas Organics Maca Powder is your
`superfood source for resiliency, energy..
`
`Made from 100% cold-milled chia seeds,
`Navitas Organics Chia Powder packs i...
`
`From $8.99
`
`Buy Now
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`Kkk KS
`
`$11.99
`
`kkk kk
`
`
`
`58 review(s)
`
`26 review(s)
`
`MATCHA
`LATTE
`
`KETO
`CACAO
`
`POWDER
`
`Matcha Latte
`
`Keto Cacao Powder
`
`Navitas Organics Matcha Latte is your
`
`Navitas Organics Keto Cacao Powder is
`
`superfood shortcut to an energized...
`
`superfood cacao with all of the bean'(cid:8217)s...
`
`
`
`
`
`
`
`
`
`$29.99
`
`Buy Now
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`$13.99
`
`Buy Now
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`
`
`
`
`Document title: superfood+ - Navitas Organics
`Capture URL: https://navitasorganics.com/pages/search-results-page?q=superfood%2B
`Capture timestamp (UTC): Tue, 12 Mar 2024 23:30:49 GMT
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`rryvill ~o.797
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`Pilvs
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`58 review(s)
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`26 review(s)
`
`
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`4)
`NAVITAS
`
`MATCHA
`
`LATTE Av
`
`Matcha Latte
`
`$29.99
`
`Buy Now
`
`28 review(s)
`
`
`
`
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`
`
`
`
`PQS
`
`geo
`
`Keto Cacao Powder
`
`$13.99
`
`Buy Now
`
`19 review(s)
`
`
`
`
`
`Shop
`
`Ta)
`
`fat
`
`Support
`
`NAVITAS® ShopAll
`
`Regenerative
`
`Our Purpose
`
`nti omOc ales
`
`ORGANICS
`
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`Organic
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`and get 20% off!
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`ey dass)
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`(cid:8212)(cid:8212)
`Corporation
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`are not intended to treat, diagnose, cure or prevent any diseases.
`
`© 2024 NAVITAS ORGANICS". All Rights Reserved.
`
`Privacy Policy | Terms & Conditions
`
`These statements herein have not been reviewed by the FDA. Navitas Organics(cid:8217) products
`
`Ofapy
`
`Document title: superfood+ - Navitas Organics
`Capture URL: https://navitasorganics.com/pages/search-results-page?q=superfood%2B
`
`Capture timestamp (UTC): Tue, 12 Mar 2024 23:30:49 GMT
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`Page 5 of 5
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`EXHIBIT B
`EXHIBIT B
`
`

`

`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
`
`Serial Number: 90015767
`Filing Date: 06/23/2020
`
`The table below presents the data as entered.
`
`Input Field
`
`Entered
`
`SERIAL NUMBER
`
`MARK INFORMATION
`
`*MARK
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`LITERAL ELEMENT
`
`MARK STATEMENT
`
`REGISTER
`
`APPLICANT INFORMATION
`
`*OWNER OF MARK
`
`*MAILING ADDRESS
`
`*CITY
`
`*STATE
`(Required for U.S. applicants)
`
`90015767
`
`SUPERFOOD+
`
`YES
`
`YES
`
`SUPERFOOD+
`
`The mark consists of standard characters, without claim to any
`particular font style, size, or color.
`
`Principal
`
`Navitas, LLC
`
`15 Pamaron Way
`
`Novato
`
`California
`
`*COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`United States
`
`*ZIP/POSTAL CODE
`(Required for U.S. and certain international addresses)
`
`*EMAIL ADDRESS
`
`LEGAL ENTITY INFORMATION
`
`94949
`
`XXXX
`
`TYPE
`
`limited liability company
`
`STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`WHERE LEGALLY ORGANIZED
`
`Delaware
`
`GOODS AND/OR SERVICES AND BASIS INFORMATION
`
`INTERNATIONAL CLASS
`
`005 
`
`*IDENTIFICATION
`
`FILING BASIS
`
`       FIRST USE ANYWHERE DATE
`
`       FIRST USE IN COMMERCE DATE
`
`       SPECIMEN FILE NAME(S)
`
`Nutritional supplement meal replacement bars; Nutritional
`supplements containing ingredients derived from superfoods
`
`SECTION 1(a)
`
`At least as early as 03/31/2016
`
`At least as early as 03/31/2016
`
`\\TICRS\EXPORT18\IMAGEOUT
`18\900\157\90015767\xml1 \ APP0003.JPG
`
`

`

`       SPECIMEN DESCRIPTION
`
`ATTORNEY INFORMATION
`
`NAME
`
`ATTORNEY BAR MEMBERSHIP NUMBER
`
`YEAR OF ADMISSION
`
`U.S. STATE/ COMMONWEALTH/ TERRITORY
`
`FIRM NAME
`
`STREET
`
`CITY
`
`STATE
`
`COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`ZIP/POSTAL CODE
`
`PHONE
`
`FAX
`
`EMAIL ADDRESS
`
`CORRESPONDENCE INFORMATION
`
`NAME
`
`PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE
`
`The specimen consists of the mark as used on the packaging of
`the goods.
`
`Karen S. Frank
`
`XXX
`
`XXXX
`
`XX
`
`Coblentz Patch Duffy Bass LLP
`
`One Montgomery Street, Suite 3000
`
`San Francisco
`
`California
`
`United States
`
`94104
`
`415-391-4800
`
`4159891663
`
`tm@cpdb.com
`
`Karen S. Frank
`
`tm@cpdb.com
`
`SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES)
`
`NOT PROVIDED
`
`FEE INFORMATION
`
`APPLICATION FILING OPTION
`
`NUMBER OF CLASSES
`
`APPLICATION FOR REGISTRATION PER CLASS
`
`*TOTAL FEES DUE
`
`*TOTAL FEES PAID
`
`SIGNATURE INFORMATION
`
`SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`TEAS Standard
`
`1
`
`275
`
`275
`
`275
`
`/karen s frank/
`
`Karen S. Frank
`
`Attorney of Record
`
`415-391-4800
`
`06/23/2020
`
`

`

`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
`
`To the Commissioner for Trademarks:
`
`Serial Number: 90015767
`Filing Date: 06/23/2020
`
`MARK: SUPERFOOD+ (Standard Characters, see mark)
`The literal element of the mark consists of SUPERFOOD+. The mark consists of standard characters, without claim to any particular font styl