ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1385678
`09/25/2024
`
`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
`
`Elitedigital LLC
`
`Limited Liability Company
`
`3070 SOMERSET TRCE
`BIRMINGHAM, AL 35242
`UNITED STATES
`
`Incorporated or
`registered in
`
`Alabama
`
`Attorney informa-
`tion
`
`ALAN L. CHOW
`LAW OFFICE OF ALAN L. CHOW
`128 BURRILL STREET, UNIT C
`SWAMPSCOTT, MA 01907
`UNITED STATES
`Primary email: alan@alciplaw.com
`781-307-8193
`
`Docket no.
`
`Registration subject to cancellation
`
`Registration no.
`
`7333609
`
`Registration date
`
`03/19/2024
`
`Register
`
`Registrant
`
`Supplemental
`
`NUTROTONIC
`450 HIGHWAY 1 WEST, #277
`IOWA CITY, IA 52246
`UNITED STATES
`
`Goods/services subject to cancellation
`
`Class 005. First Use: Dec 28, 2021 First Use In Commerce: Dec 28, 2021
`All goods and services in the class are subject to cancellation, namely: Mineral dietary supplements
`
`Grounds for cancellation
`
`The mark is or has become generic
`
`Trademark Act Section 23(a)
`
`Other
`
`Primarily geographically descriptive
`
`Attachments
`
`TTAB Cancellation Pt 1.pdf(4832968 bytes )
`TTAB Cancellation Pt 2.pdf(5083776 bytes )
`
`Signature
`
`Name
`
`/Alan L Chow/
`
`Alan L Chow
`
`

`

`Date
`
`Oresre024
`09/25/2024
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the Matter of Registration No. 7,333,609
`For the mark: AUTHENTIC HIMALAYAN SHILAJIT
`Registered: Nutrotonic
`
`
`
`
`
`Cancellation No. ____________
`
`
`
`
`
`
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`
`
`
`
`
`
`
`
` –
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`
`
` – – – – – – – – – – – – – – – – – – – – – – – – – X
`Elitedigital LLC,
`:
`
`
`
`
`
`
`
`
`
`
`
`
`v.
`
`
`
`
`
`Nutrotonic,
`
`
`
`
`
`
`
`Petitioner,
`
`:
`
`:
`
`:
`
`:
`
`:
`
`:
`
`:
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`
`
`
`
`
`
`
`
`
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`
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` –
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`
`:
`Respondent.
` – – – – – – – – – – – – – – – – – – – – – – – – – X
`
`
`
`
`
`PETITION FOR CANCELLATION
`
`Elitedigital LLC ("Petitioner"), a limited liability company organized and
`
`existing under the laws of Alabama with a mailing address at 600 Boulevard South SW Suite
`
`104J, Huntsville, AL 35802, believes that it will be damaged by the continued registration of
`
`U.S. Trademark Registration No. 7,333,609 for the alleged trademark "AUTHENTIC
`
`HIMALAYAN SHILAJIT" on the Supplemental Register (the "Registration"), and hereby
`
`petitions to cancel the Registration pursuant to Sections 14(3) and 2(e)(1) of the Lanham
`
`Trademark Act of 1946 ("Lanham Act") on the grounds that "Himalayan Shilajit” is a generic or
`
`merely descriptive designation for the goods in the Registration, 15 U.S.C. §§ 1064(3),
`
`1052(e)(1). Petitioner alternatively seeks relief under Section 18 of the Lanham Act, 15 U.S.C. §
`
`
`
`

`

`1068, requiring Respondent to disclaim " Himalayan shilajit" in the Registration. As grounds for
`
`cancellation, Petitioner alleges as follows:
`
`1.
`
`Petitioner is and has been in the business of selling various health and beauty
`
`products made out of shilajit, an organic-mineral product that is preferably harvested from the
`
`mountains of Himalayas, since February of 2024. In connection with this business, Petitioner
`
`offers for sale and sells its products online at www.xarashilajit.com.
`
`2.
`
`Since at least as early as February 2024, Petitioner has used the primarily
`
`geographic and generic designation “Himalayan shilajit” to identify that its healthy and beauty
`
`products made of the organic-mineral product shilajit, which is primarily harvested from the
`
`mountains of Himalayas
`
`3.
`
` Petitioner needs to be able to use this designation in connection with the
`
`promotion and sale of its health and beauty products made out of shilajit, as it is a common
`
`generic designation to identify these goods. Attached as Exhibit A are true and correct copies of
`
`product pictures showing Petitioner's generic usage of the designation.
`
`4.
`
`Petitioner has never sought to register " Himalayan shilajit" as a trademark and
`
`has not claimed or sought exclusive rights in the designation in connection with any goods or
`
`services.
`
`5.
`
`Petitioner filed Application Serial No. 98/752,942 to register the mark XARA
`
`SHILAJIT and Application Serial No. 98/752,951 for PURE HIMALAYAN SHILAJIT
`
`GUMMIES. Attached as Exhibit B is a true and correct copy of the USPTO records for
`
`Petitioner's applications.
`
`
`
` 2
`
`
`
`

`

`6.
`
`The generic designation "Himalayan shilajit" has been used not only by
`
`Petitioner, but also by retailers to identify the same health and beauty products. Attached as
`
`Exhibit C are true and correct webpages showing generic use of "Himalayan shilajit" by others in
`
`the industry.
`
`7.
`
`The generic designation "Himalayan shilajit" has also been used by members of
`
`the public to identify a key characteristic of. For example, attached as Exhibit D are true and
`
`correct copies of webpages showing generic use of "Himalayan shilajit" by the general public.
`
`8.
`
`Nutrotonic ("Respondent") is a limited liability company with an address of 450
`
`Highway 1 West, #277, Iowa City, IA 52246.
`
`9.
`
`On January 21, 2023, Respondent filed Application Serial No. 97763200 to
`
`register "AUTHENTIC HIMALAYAN SHILAJIT" as a trademark with the United States Patent
`
`and Trademark Office in connection with mineral dietary supplements, without disclaiming any
`
`portion of the alleged mark.
`
`10.
`
`The USPTO initially rejected Respondent's Application Serial No. 97763200 on
`
`the grounds that " AUTHENTIC HIMALAYAN SHILAJIT" is a descriptive designation
`
`meaning and requiring disclaimer of SHILAJIT. However, the USPTO was amenable to grant
`
`registration of AUTHENTIC HIMALAYAN SHILAJIT on the Supplemental Register. The
`
`requirement to only disclaim SHILAJIT is incorrect, as the term HIMALAYAN, is also
`
`geographically descriptive and should have been disclaimed as well.
`
`
`
` 3
`
`
`
`

`

`11.
`
`On March 19, 2024, the USPTO approved Application Serial No. 97763200 for
`
`registration on the Supplemental Register without requiring a disclaimer for the term
`
`HIMALAYAN as geographic descriptive designation.
`
`12.
`
`[In connection with its own business, Respondent uses the designation
`
`"AUTHENTIC HIMALAYAN SHILAJIT" generically to identify that the shilajit in its
`
`nutritional supplements are derived from the Himalayan mountains. For example, Attached as
`
`Exhibit E are true and correct photos showing generic use of "AUTHENTIC HIMALAYAN
`
`SHILAJIT" by Respondent.
`
`13.
`
`On September 6, 2024, based on its alleged rights in the designation
`
`"HIMALAYAN SHILAJIT," including the Registration, Respondent objected to Petitioner's use
`
`of the same designation in connection with its business by submitting a trademark infringement
`
`claim with the Shopify third-party platform, and demand legal compliance. Attached as Exhibit
`
`F is a true and correct copy of Respondent's September 6, 2024 letter asserting these objections.
`
`FIRST GROUND FOR CANCELLATION - GENERICNESS
`
`14.
`
`The primary significance of "Himalayan shilajit" to relevant consumers is as a
`
`primarily geographic and generic designation. It is therefore incapable of distinguishing
`
`Respondent's nutritional supplements from those sold by Petitioner and others in the health and
`
`beauty industry. By claiming exclusive rights in the designation "Himalayan shilajit,"
`
`Respondent seeks to prevent Petitioner (and other legitimate competitors) from using the precise
`
`and common designation that identifies its nutritional supplements. Petitioner and its competitors
`
`selling products made from shilajit, as well as the general public, need to use the designation
`
`"Himalayan shilajit" to be able to properly identify these goods.
`
`
`
` 4
`
`
`
`

`

`15.
`
`Therefore, Petitioner is, and will continue to be, injured by the Registration
`
`without a disclaimer of "Himalayan shilajit" because it grants Respondent the right to exclude
`
`Petitioner and others in the industry from using generic terminology to identify their healthy and
`
`beauty products made from shilajit.
`
`16.
`
`Based on the foregoing, Respondent's registration exceeds the scope of
`
`permissible registration under 15 U.S.C. § 1052 for marks "by which the goods of the applicant
`
`may be distinguished from the goods of others."
`
`SECOND GROUND FOR CANCELLATION – PRIMARILY GEOGRAPHICALLY
`DESCRIPTIVE
`
`17.
`
`The designation "Himalayan shilajit" is merely descriptive of Respondent's
`
`nutritional supplements, and Respondent has not shown and cannot show that the designation has
`
`acquired distinctiveness.
`
`18.
`
`As a descriptive designation without secondary meaning, "Himalayan shilajit"
`
`does not distinguish Respondent's nutritional supplements from those sold by Petitioner and
`
`others in the same industry.
`
`19.
`
`By claiming exclusive rights in the designation “Himalayan shilajit," Respondent
`
`seeks to prevent Petitioner and others from using the descriptive designation, which is necessary
`
`to accurately describe their goods.
`
`20.
`
`Therefore, Petitioner is, and will continue to be, injured by the Registration for the
`
`descriptive designation "Himalayan shilajit" without a disclaimer of the primary geographic term
`
`Himalayan together with the descriptive term shilajit, because it grants Respondent the right to
`
`
`
` 5
`
`
`
`

`

`exclude Petitioner and others in the industry from using ordinary terminology to describe their
`
`health and beauty products.
`
`21.
`
`Based on the foregoing, Respondent's registration of " AUTHENTIC
`
`HIMALAYAN SHILAJIT", without a disclaimer of himalayan shilajit exceeds the scope of
`
`permissible registration under 15 U.S.C. § 1052(e)(1), which prohibits registration of merely
`
`descriptive terms.
`
`WHEREFORE, Petitioner respectfully requests that its cancellation be sustained
`
`and that U.S. Registration No. 7333609 be cancelled. Alternatively, pursuant to 15 U.S.C. §
`
`1068, Petitioner requests that Respondent be required to disclaim the generic and highly
`
`descriptive designation "Himalayan shilajit" in U.S. Registration No. 7333609.
`
`Date: September 25, 2024
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`______________________________
`Alan L. Chow
`Law Office of Alan L. Chow
`BBO No.: 697099
`128 Burrill Street, Unit C
`Swampscott, MA 01907
`ph: 781-307-8193
`alan@alciplaw.com
`
`
`Attorney for Elitedigital LLC
`
`
`
`
`
`
`
` 6
`
`
`
`

`

`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and complete copy of this paper has been served via regular
`first class mail upon Respondent at the following address:
`
`
`
`
`
`
`
`NutroTonic
`450 Highway 1 West, #277
`Iowa City, IA 52246
`
`
`
`Dated: September 25, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Alan L. Chow, Esq.
`Law Office of Alan L. Chow
`128 Burrill Street, Unit C
`Swampscott, MA 01907
`Telephone: 781-307-81493
`alan@alciplaw.com
`
`
`
`
`
`
`
`
`
` 7
`
`
`
`

`

`EXHIBIT A
`EXHIBIT A
`
`

`

`iT
`
`Ls
`HIMALAYAN SHILAJIT
`eleyaeasia)
`MANUKA HONEY INFUSED
`
`SHILAJIT
`
`PAUEe
`
`GUMMIES
`
`wie
`
`SHILAJIT
`
`AUTHENTIC
`
`AY
`HIMALAYANSHILAJII
`100% P'
`
`
`
`

`

`GUMMIES
`
`AUTHENTIC
`
`GUMMIES
`HIMALAYAN SHILAJIT
`ole A 0)ss0
`
`MANUKA HONEY INFUSED
`
`
`
`
`
`
`
`

`

`EXHIBIT B
`EXHIBIT B
`
`

`

`Generated on: This page was generated by TSDR on 2024-09-24 18:21:09 EDT
`
`Mark: PURE HIMALAYAN SHILAJIT GUMMIES
`
`US Serial Number: 98752951
`
`Filed as TEAS
`Plus:
`
`Yes
`
`Register: Principal
`
`Mark Type: Trademark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`Sep. 16, 2024
`
`Currently TEAS
`Plus:
`
`Yes
`
`LIVE/APPLICATION/Awaiting Examination
`
`The trademark application has been accepted by the Office (has met the
`minimum filing requirements) and has not yet been assigned to an examiner.
`
`Status: New application awaiting assignment to an examining attorney. See current trademark processing wait times for more information.
`
`Status Date: Sep. 16, 2024
`
` 
`
`Mark Literal
`Elements:
`
`Standard Character
`Claim:
`
`Mark Drawing
`Type:
`
`Mark Information
`
`PURE HIMALAYAN SHILAJIT GUMMIES
`
`Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`
`4 - STANDARD CHARACTER MARK
`
`Goods and Services
`
`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 affidavit of incontestability; and
`Asterisks *..* identify additional (new) wording in the goods/services.
`
`For: Dietary and nutritional supplements containing black bitumen/shilajit; Dietary supplements consisting primarily of black bitumen/shilajit;
`Nutritional supplements in the form of shilajit gummies
`
`International
`Class(es):
`
`005 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 1(b)
`
`Filed Use: No
`
`Filed ITU: Yes
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`U.S Class(es): 005, 006, 018, 044, 046, 051, 052
`
`Basis Information (Case Level)
`
`Currently Use: No
`
`Currently ITU: Yes
`
`Currently 44D: No
`
`Currently 44E: No
`
`Currently 66A: No
`
`Filed No Basis: No
`
`Currently No Basis: No
`
`Current Owner(s) Information
`
`Owner Name: Elitedigital LLC
`
`Owner Address: 3070 somerset trce
`Birmingham, ALABAMA UNITED STATES 35242
`
`

`

`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`State or Country
`Where Organized:
`
`ALABAMA
`
`Attorney/Correspondence Information
`
`Attorney of Record - None
`
`Correspondent
`
`Correspondent
`Name/Address:
`
`Elitedigital LLC
`3070 somerset trce
`Birmingham, ALABAMA United States 35242
`
`Correspondent e-
`mail:
`
`carolj.chrisman@gmail.com
`
`Correspondent e-
`mail Authorized:
`
`Yes
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`Sep. 16, 2024
`
`NEW APPLICATION OFFICE SUPPLIED DATA ENTERED
`
`Sep. 16, 2024
`
`NEW APPLICATION ENTERED
`TM Staff and Location Information
`
`TM Attorney:
`
`TM Staff Information
`
`Law Office
`Assigned:
`
`Not Assigned
`
`File Location
`
`Current Location: Not Found
`
`Date in Location: Sep. 17, 2024
`
`Proceeding
`Number
`
`

`

`Generated on: This page was generated by TSDR on 2024-09-24 18:21:39 EDT
`
`Mark: XARA SHILAJIT
`
`US Serial Number: 98752942
`
`Filed as TEAS
`Plus:
`
`Yes
`
`Register: Principal
`
`Mark Type: Trademark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`Sep. 16, 2024
`
`Currently TEAS
`Plus:
`
`Yes
`
`LIVE/APPLICATION/Awaiting Examination
`
`The trademark application has been accepted by the Office (has met the
`minimum filing requirements) and has not yet been assigned to an examiner.
`
`Status: New application awaiting assignment to an examining attorney. See current trademark processing wait times for more information.
`
`Status Date: Sep. 16, 2024
`
` 
`
`Mark Literal
`Elements:
`
`XARA SHILAJIT
`
`Mark Information
`
`Standard Character
`Claim:
`
`Mark Drawing
`Type:
`
`Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`
`4 - STANDARD CHARACTER MARK
`
`Goods and Services
`
`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 affidavit of incontestability; and
`Asterisks *..* identify additional (new) wording in the goods/services.
`
`For: Dietary and nutritional supplements containing black bitumen/shilajit; Dietary supplements consisting primarily of black bitumen/shilajit;
`Nutritional supplements in the form of shilajit gummies
`
`International
`Class(es):
`
`005 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 1(b)
`
`Filed Use: No
`
`Filed ITU: Yes
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`U.S Class(es): 005, 006, 018, 044, 046, 051, 052
`
`Basis Information (Case Level)
`
`Currently Use: No
`
`Currently ITU: Yes
`
`Currently 44D: No
`
`Currently 44E: No
`
`Currently 66A: No
`
`Filed No Basis: No
`
`Currently No Basis: No
`
`Current Owner(s) Information
`
`Owner Name: Elitedigital LLC
`
`Owner Address: 3070 somerset trce
`Birmingham, ALABAMA UNITED STATES 35242
`
`

`

`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`State or Country
`Where Organized:
`
`ALABAMA
`
`Attorney/Correspondence Information
`
`Attorney of Record - None
`
`Correspondent
`
`Correspondent
`Name/Address:
`
`Elitedigital LLC
`3070 somerset trce
`Birmingham, ALABAMA United States 35242
`
`Correspondent e-
`mail:
`
`carolj.chrisman@gmail.com
`
`Correspondent e-
`mail Authorized:
`
`Yes
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`Sep. 16, 2024
`
`NEW APPLICATION OFFICE SUPPLIED DATA ENTERED
`
`Sep. 16, 2024
`
`NEW APPLICATION ENTERED
`TM Staff and Location Information
`
`TM Attorney:
`
`TM Staff Information
`
`Law Office
`Assigned:
`
`Not Assigned
`
`File Location
`
`Current Location: Not Found
`
`Date in Location: Sep. 17, 2024
`
`Proceeding
`Number
`
`

`

`EXHIBIT C
`EXHIBIT C
`
`

`

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`($0.50 / C—u–t)
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`Better Alt Beet R——t
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`1/9
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`Quantity:
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`1 m—–th (M—st c—mm—–)
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`9/11/24, 1:21 PM
`
`Pure Himalayan Shilajit Supplements For Men & Women | – Wellbeing Nutrition
`
`Get Additional 10% o(cid:452) on your (cid:455)rst order
`Use code : NEW10
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`View All Products
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`9/11/24, 1:21 PM
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`Pure Himalayan Shilajit Supplements For Men & Women | – Wellbeing Nutrition
`
`Shilajit Gold
`
`₹1,343
`
`16% o(cid:452)
`
`Add To Cart
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` 4.54/5
`Rewards
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`2/5
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`₹1,599
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`9/11/24, 1:21 PM
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`Pure Himalayan Shilajit Supplements For Men & Women | – Wellbeing Nutrition
`
`Shilajit Resin
`
`₹1,199
`
`Add To Cart
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`Rewards
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`https://wellbeingnutrition.com/collections/himalyan-shilajit
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`3/5
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`

`9/11/24, 1:23 PM
`
`Amazon.com: Shilajit Resin - Shilajit Pure Himalayan Organic for Maximum Potency, Energy, Immunity and Detox - Natural Himalay…
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`Shilajit Resi– - Shilajit
`Pure Himalaya–
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`Size: 1,7 Ounce
`
`C—l—r: Black
`
`Well–eum
`
`Shilajit
`
`Shilajit
`
`Brand
`
`Flavor
`
`Primary
`Supplement
`Type
`
`Unit Count
`
`1.7 Ou–ce
`
`Item Form Shilajit
`
`Product
`See m—re
`Benefits
`
`Shilajit
`
`About this item
`PREMIUM QUALITY SHILAJIT FOR
`MEN: harvested fr—m the heart —f
`the Himalayas, —ur Shilajit Resi– f—r
`Me– is carefully made t— e–sure
`purity a–d t— deliver the m—st useful
`–utrie–ts f—r a bala–ced lifestyle.
`NUTRIENT-RICH SHILAJIT: b——st the
`e–ergy, aid digesti—– a–d supp—rt
`y—ur j—i–t with —ur Pure Shilajit f—r
`Me– - –atural substa–ce —f
`micr—–utrie–ts, i–cludi–g 85+ Trace
`Mi–erals a–d Fulvic Acid.
`
`https://www.amazon.com/Shilajit-Resin-Himalayan-Immunity-Minerals/dp/B0CZ7FCFNJ?source=ps-sl-shoppingads-lpcontext&ref_=fplfs&psc=1&smid… 1/8
`
`Quantity:
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`1
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`1 m—–th (M—st c—mm—–)
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`9/11/24, 1:24 PM
`
`mars by GHC Pure Himalayan Shilajit Gold Resin: Powered with Ashwagandha, Tongkat Ali, Maca Root & Black Musli - Walmart.com
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`Mars by GHC
`mars by GHC Pure Himalayan Shilajit Gold Resin: Powered with Ashwagandha, Tongkat Ali, Maca Root & Black Musli
`| 5 ratings
`
`(4.0)
`
`Gender
`Male
`
`Allergen-Free Statements
`Dairy-Free
`
`Primary Ingredient
`shilajit
`
`Ingredient Properties
`Herbal
`
`Ingredient Preference
`Gluten-Free
`
`Assembled Product Weight
`82 g
`
`At a glance
`
`View all specifications
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`About this item
`
`Shilajit
`Maca Root
`Ashwagandha
`Black Seed Oil
`
`$33.59
`
`Price when purchased online 
`
`Free 30-day returns
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`Shipping
`Arrives Sep 18
`Free
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`Delivery to Swampscott, 01907
`
`Sold and shipped by TGHCO HEALTH SUPPORT SERVICES
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` 7 seller reviews
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`1/4
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`

`

`9/11/24, 1:26 PM
`
`SHILAJIT – Leefy Organics
`
`https://leefyorganics.com/products/shilajit?variant=45049785843961&currency=USD&utm_medium=product_sync&utm_source=google&utm_content… 4/25
`
`

`

`9/11/24, 1:26 PM
`
`SHILAJIT – Leefy Organics
`
`https://leefyorganics.com/products/shilajit?variant=45049785843961&currency=USD&utm_medium=product_sync&utm_source=google&utm_content… 8/25
`
`

`

`9/11/24, 1:26 PM
`
`SHILAJIT – Leefy Organics
`
`https://leefyorganics.com/products/shilajit?variant=45049785843961&currency=USD&utm_medium=product_sync&utm_source=google&utm_content… 9/25
`
`

`

`9/11/24, 1:26 PM
`
`SHILAJIT – Leefy Organics
`
`https://leefyorganics.com/products/shilajit?variant=45049785843961&currency=USD&utm_medium=product_sync&utm_source=google&utm_conte… 10/25
`
`

`

`9/11/24, 1:26 PM
`
`SHILAJIT – Leefy Organics
`
`https://leefyorganics.com/products/shilajit?variant=45049785843961&currency=USD&utm_medium=product_sync&utm_source=google&utm_conte… 11/25
`
`

`

`9/11/24, 1:26 PM
`
`SHILAJIT – Leefy Organics
`
`https://leefyorganics.com/products/shilajit?variant=45049785843961&currency=USD&utm_medium=product_sync&utm_source=google&utm_conte… 12/25
`
`

`

`9/11/24, 1:26 PM
`
`SHILAJIT – Leefy Organics
`
`https://leefyorganics.com/products/shilajit?variant=45049785843961&currency=USD&utm_medium=product_sync&utm_source=google&utm_conte… 13/25
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`

`

`9/11/24, 1:26 PM
`
`SHILAJIT – Leefy Organics
`
` (18)
`SHILAJIT
`BUY MORE, SAVE MORE
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`1
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`One bottle
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`Two bottles
`(Save 9%)
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`
`

`

`9/11/24, 1:26 PM
`
`SHILAJIT – Leefy Organics
`
`SHILAJIT VS Other Brands
`
`Other
`Brands
`
`liquid form shilajit
`
`rapid absorption
`
`full of essential nutrients
`
`maximum results
`
`https://leefyorganics.com/products/shilajit?variant=45049785843961&currency=USD&utm_medium=product_sync&utm_source=google&utm_conte… 19/25
`
`3
`
`Best when Taken Daily.
`
`Real Stories From Real Customers
`
`FREQUENTLY ASKED QUESTIONS
`
`

`

`EXHIBIT D
`EXHIBIT D
`
`

`

`9/11/24, 1:27 PM
`
`Shilajit: 10 benefits and how to use
`
`10 benefits of shilajit
`
`Medically reviewed by Dominique Fontaine, BSN, RN, HNB-BC, HWNC-BC —
`Written by Mia Blake and Jon Johnson — Updated on May 10, 2024
`SUBSCRIBE
`
`Alzheimer’s
`Gut health
`
`Anti-inflammatory
`Stress
`Aging
`
`Bone health
`Dosage
`Safety
`
`Antiviral
`Summary
`
`Cancer
`
`Shilajit is a natural substance common in Ayurvedic
`medicine. It contains antioxidants and minerals that may
`benefit health, but more research into its use is
`necessary.
`
`Shilajit is a sticky, black, tar-like substance that comes from rocks in high
`mountain ranges. People can take it as a supplement in powder form.
`
`Shilajit was traditionally sourced in India and Tibet, though it is now found
`in many other countries. Its compounds may be beneficial for many
`conditions.
`
`This article looks at the benefits and possible side effects of this naturally
`occurring substance.
`
`10 potential benefits of shilajit
`
`https://www.medicalnewstoday.com/articles/320318
`
`1/9
`
`

`

`9/11/24, 1:27 PM
`
`Shilajit: 10 benefits and how to use
`
`Bob Chamberlin/Los Angeles Times via Getty Images
`
`When used correctly, shilajit may have several benefits for the body. This
`may be due in part to the high concentration of fulvic and humic acids, as
`well as many minerals.
`
`1. May slow Alzheimer’s progression
`
`Due to the molecular composition of shilajit, some researchers believe it
`may help prevent Alzheimer’s or slow its progression.
`
`Shilajit is rich in an antioxidant called fulvic acid. Fulvic acid can prevent a
`buildup of tau proteins, which may help cognitive health.
`
`Tau protein buildup can trigger brain cell damage, and researchers have
`linked it to Alzheimer’s. A 2023 study  suggested that taking shilajit may
`improve Alzheimer’s symptoms and even prevent or slow its progression
`because of this.
`
`However, researchers need to conduct more studies to further observe
`this possible link.
`
`2. Has anti-inflammatory properties
`
`One 2018 review  noted that fulvic acid, one of the key compounds in
`shilajit, has anti-inflammatory properties and can have beneficial effects
`
`https://www.medicalnewstoday.com/articles/320318
`
`2/9
`
`

`

`9/11/24, 1:27 PM
`
`Shilajit: 10 benefits and how to use
`
`on the immune system.
`
`The researchers posit that these properties may be beneficial for
`preventing or alleviating some chronic inflammatory conditions, such as
`asthma, allergies, eczema, and diabetes.
`
`However, they note that some of the research they found on fulvic acid
`was conflicting, so experts need to do further research on these possible
`benefits of fulvic acid.
`
`3. May support bone health
`
`A 2022 review  found that shilajit may support the bone healing process,
`as it accelerated bone healing in studies in cells, rats, and humans.
`
`They suggested that shilajit may be a promising supplement for treating
`bone conditions such as osteoporosis.
`
`According to a 2022 study , taking daily shilajit supplements also helped
`improve bone mineral density in postmenopausal women with bone mass
`loss.
`
`Additionally, another 2022 study  concluded that shilajit is a safe dietary
`supplement that can potentially treat several diseases, including
`osteoporosis.
`
`However, there needs to be more research into shijalit’s effect on bone
`health in humans.
`
`4. Has antiviral properties
`
`According to a 2020 study , shilajit is known to have antiviral properties.
`Shijalit contains humic acids, which may help to fight viral infections.
`
`The wide range of minerals and compounds found in shilajit may also
`help fight off viruses. An older 2015 research study  noted that shilajit
`could fight off and kill many different viruses in isolated environments,
`including some herpes viruses.
`
`https://www.medicalnewstoday.com/articles/320318
`
`3/9
`
`

`

`9/11/24, 1:27 PM
`
`Shilajit: 10 benefits and how to use
`Researchers commented that while it does appear to be effective, more
`studies carried out with live subjects are needed to back up these claims.
`
`5. May fight cancer cells
`
`Shilajit also shows promise in fighting against certain types of cancer
`cells. One 2020 study  found that shilajit helped inhibit the growth and
`spread of human breast cancer cells.
`
`Another study from 2021  also found that shilajit can fight against bladder
`cancer cells and could have the potential to be used in treatments for
`bladder cancer.
`
`Additionally, a 2022 study  concluded that shilajit could strengthen the
`effect of chemotherapy drugs in the treatment of liver cancer in rats.
`
`Researchers noted that results show that shilajit has promising anticancer
`effects, but more human studies are needed.
`
`8. May improve gut health
`
`Fulvic acid, which makes up around 15% to 20%  of shilajit, may improve
`gut health by improving the gut flora — the (cid:956)good bacteria(cid:957) in the gut.
`According to a 2018 review, fulvic acid may also improve nutrient
`absorption.
`
`One study, which the review references, found that fulvic acid improved
`good gut bacteria and reduced bad gut bacteria in fish.
`
`Another found that fulvic acid increased the activity of digestive enzymes
`in fish, therefore aiding nutrient absorption.
`
`However, researchers need to study these mechanisms further in
`humans.
`
`9. May reduce stress
`
`https://www.medicalnewstoday.com/articles/320318
`
`4/9
`
`

`

`9/11/24, 1:27 PM
`
`Shilajit: 10 benefits and how to use
`According to a 2019 review article, several studies have shown that shilajit
`may have a beneficial effect on stress.
`
`Animal studies showed that it had stress-reducing and anti-anxiety
`properties, suggesting it has potential for alleviating these concerns in
`humans.
`
`However, more studies are needed in humans to confirm this.
`
`10. May have anti-aging properties
`
`Shijalit may have properties that support healthy aging.
`
`Researchers  have observed that fulvic acid can help improve dementia
`symptoms, sleeping, appetite, and performance in older individuals in
`China and India.
`
`Fulvic acid is a humic substance, which are compounds that result from
`decomposing plants. Humic substances have many benefits, including
`antioxidant and anti-inflammatory properties that may help support
`graceful aging.
`
`How to use shilajit
`
`Shilajit is available as a powder, resin, or solid form. Generally, it is easier
`to take shilajit as a powder dissolved in liquid.
`
`A safe daily dosage of shilajit is between 250 to 1,000 mg, but it is best to
`start with a lower dose to see how an individual reacts before gradually
`increasing it.
`
`Depending on the instructions on the package, a person can dissolve 1/8
`to 1/2 teaspoon of shilajit in liquid and drink it once a day.
`
`However, it is important that a person speaks with a doctor before taking
`any natural supplements.
`
`Shilajit safety and side effects
`
`https://www.medicaln