FITNESS&LIFE NUTRITION BCAATON OPTIMUM APITONUS ECDISTON ANTI DEPRESSION GOLD HEALER KARDIOTON EROMAX KILO LIGHT HONDRO-VIT MEMO-VIT ECDYSTERONE P NERVO-VIT AZVERTON OSTEOMED AZVERTON AEROBIC STRONG I - Trademark Details
Status: 603 - Abandoned - After Ex Parte Appeal
Image for trademark with serial number 79236520
Serial Number
79236520
Word Mark
FITNESS&LIFE NUTRITION BCAATON OPTIMUM APITONUS ECDISTON ANTI DEPRESSION GOLD HEALER KARDIOTON EROMAX KILO LIGHT HONDRO-VIT MEMO-VIT ECDYSTERONE P NERVO-VIT AZVERTON OSTEOMED AZVERTON AEROBIC STRONG I
Status
603 - Abandoned - After Ex Parte Appeal
Status Date
2021-12-27
Filing Date
2018-06-09
Mark Drawing
3000 - Illustration: Drawing or design which also includes word(s)/ letter(s)/number(s) Typeset
Design Searches
241706, 260314, 260321, 261114, 261116, 261121, 261701, 261704, 261705 - Plus symbol (+). Three or more ovals. Ovals that are completely or partially shaded. Three or more rectangles. Rectangles touching or intersecting. Rectangles that are completely or partially shaded. Straight line(s), band(s) or bar(s). Vertical line(s), band(s) or bar(s). Horizontal line(s), band(s) or bar(s).
Published for Opposition Date
2019-08-20
Attorney Name
Law Office Assigned Location Code
M80
Employee Name
SABLE, ERIC MICHAEL
Statements
Indication of Colors claimed
The color(s) blue, red, yellow, black, white, and gray is/are claimed as a feature of the mark.
Disclaimer with Predetermined Text
"FITNESS", "NUTRITION", "ANTI DEPRESSION", "GOLD", "HEALER", "ECDYSTERONE", "IMMUNITY", "IRON" AND "HERB"
Description of Mark
The mark consists of a panel of rectangles in a chess board order comprised of ten black rectangles, ten white rectangles, and one blue rectangle that all have a gray lines with wording. Three of the white rectangles have blue coloring. Each rectangle has a grey and black oval with the wording "FITNESS&LIFE" in which "FITNESS" and "LIFE" is white with the "&" symbol in red above the white word "NUTRITION". In the first (top) row which includes three rectangles with the following: "BCAATON" in white and gray, "OPTIMUM" in yellow, "APITONUS" in red and white, and "ECDISTON" in white and gray. The second row includes three rectangles with the following: "ANTI DEPRESSION" in white and red, "GOLD HEALER" in white and gray, "KARDIOTON" in red and white. The third row of rectangles has the following: "EROMAX" in white and gray, "KILO LIGHT" is red, white, and gray, "HONDRO-VIT" in white and gray. Thee fourth row of rectangles has the following: "MEMO-VIT" in red, white, and gray and the wording "ECDYSTERONE P" in gray and white, "NERVO-VIT" in white and red. The fifth row of rectangles has the following: "AZVERTON" in white and gray, "OSTEOMED" in red, white, and gray, "AZVERTON" in white and gray, and "AEROBIC" is yellow. The sixth row of rectangles has the following: "STRONG IMMUNITY" in red, white, and gray, "MEZI-VIT" in white and gray and the "+" in yellow, "IRON HERB" is red, white, and gray. The seventh row of rectangles has the following: "LEVETON XXL" in white and gray, "TIREO-VIT" in white, gray, and red, "ELTON XXL" in white and gray.
Goods and Services
A line of vitamins and supplements sold together as part of an assortment in the nature of amino acids for medical purposes, portable medicine cases for the achievement of health goals comprised of nutritional supplements in the nature Irish moss for pharmaceutical purposes, tonics comprised of coffee and caffeine-containing plants, Rhaponticum carthamoides and plants containing ecdysteroids, Eleutherococcus and plants contains the polysaccharide, ginseng, and plants containing ginsenoside, short-haul Epimedium and the plant containing icariin, Tribulus terrestis and the plants containing saponins, Echinacea purpurea and plants containing hydroxycinnamic acid and a biologically active substance, Royal jelly, drone brood, bee pollen, calcium, vitamin D3 and B6 preparation for the prevention of osteoporosis in the recovery period with fractures, for use as an adjuvant therapy of osteoporosis and related diseases in the nature of arthritis, arthrosis, periodontal disease, vitamin preparations and mineral complex supplements to maintain beauty and health for treating I and II degrees osteopenia, for use as an anti-inflammatory agents for the walls of blood vessels, maintaining their elasticity, to increase the body's natural defenses as an immunomodulator, vitamin and nutritional supplements for providing tissue nutrition, natural vitamin complex preparations from vegetable raw materials, anti-inflammatories, astringents for medicinal purposes and antiseptics for colitis and enterocolitis of the intestine, dietary supplements, vitamin C preparations containing flavonoids for use as a dietary supplement for gastric ulcer and duodenal ulcer, dietary supplements featuring vitamin C containing polyphenols, flavonoids as a hemostatic agent for pulmonary, renal, uterine and intestinal bleeding and for the healing of chronic ulcers, hemostatics for medical purposes, dietary supplements containing flavonoids and glycyrrhizic acid, expectorant for treating colds and lung diseases, diuretics and choleretics, laxatives, and analgesic preparations, antipyretic preparations, dietary supplement containing flavonoids, hypericin, and vitamin C, medicine, namely, pharmaceutical preparations, elixirs, and medical infusions for the prevention of osteoporosis and related bone diseases, for the treatment of arthritis, arthrosis, osteochondrosis, for the treatment of periodontal disease and periodontitis for strengthening hair, teeth and nails, for the treatment of conditions associated with a deficiency of vitamins D3 and B6, for the treatment of fractures in children and patients of reproductive age, for the treatment of rickets infection of the upper respiratory tract, for the treatment of flu and colds, for the treatment of skin diseases in the nature of psoriasis, eczema, for the treatment of eye infections, urinary tract infections, wound infection, Crohn's disease, for the treatment of the effects of corticosteroids, for the treatment of increased nervous excitability, sleep disturbance, irritability, asthenia, chronic stress, for use as a therapeutic and prophylactic agent for strengthening the walls of blood vessels, especially blood vessels of the brain, for the treatment of people with hypothyroidism to restore the health of the thyroid gland, for regulating metabolism, tissue nutrition, mental and physical fatigue, for the treatment of attention disorders, for treatment of memory disorders with sclerotic senile changes, for treatment of asthenia, for treatment of physical and mental fatigue, stress, depression, sleep disorders, for the prevention and treatment of cardiovascular diseases, for the treatment of disorders related to delays in the physical, sexual and mental development of children with youthful dystonia, for treatment of headaches, for the prevention of thyroid diseases in the nature of thyrotoxicosis, hyperthyroidism, hyperplasia, hypothyroidism, for use in planning pregnancy to reduce the risk of giving birth to children with mental disabilities, for increasing the body's natural defenses as an immunomodulator, for use in the treating tissue nutrition disorders, for treatment of mental and physical fatigue, for treatment of attention disorders, for treatment of memory disorders, for treatment of sclerotic senile changes in cognitive functions, for treatment of asthenia, physical and mental fatigue, stress, for treatment of depression, for treatment of sleep disorders, for the prevention and treatment of cardiovascular diseases, for helping the process of digestion, for use in stimulating the secretion of gastric juice, for improving the process of digestion, for use in providing normal blood supply to the digestive system, for use in stimulating the appetite, for use in eliminating cramps in the intestine, for preventing constipation, for stabilizing the liver and gallbladder featuring diaphoretic, diuretic and choleretic properties contributing to the early elimination of all kinds of toxins from the body, eliminates problems arising from eating disorders, intake of fatty, fried food, overeating, the use of substandard products, as well as the oppression of digestion during nervous tension, for treating diet related digestive issues and other digestive problems due to irregular meals, overeating, eating large meals after a long break, large meals at night, a combination of large meals with alcohol, when you receive cooked food in an unconventional way such as festive meals, foods from picnics, foods from trips to an exotic countries, eating when under stress, for treating loss of appetite, for use as a cholagogue, by reducing the production of gastric juice to improve digestion, for treating functions of the cardiovascular system in order to prevent disorders of the cardiovascular system, for use as a restorative therapy after heart surgery at high physical loads and overloads, for treatment of heart murmur, powerful anti-inflammatory and anti-allergic properties, for use in strengthening and restoring connective tissue, for helping reduce cholesterol levels, for enhancing the effect of many nutrients, for strengthening blood vessels and capillaries, improving blood circulation, for preventing the formation of blood clots, for protecting against harmful effects of the stomach and liver, activating the regeneration of the gastric mucosa, for reducing inflammation in the prostate, for preventing major diseases of aging in the nature of cancer, cardiovascular disease, brain disease, for increasing the resistance of body tissues to the damaging effects of excess blood sugar, for reducing the likelihood of diabetes, for producing a positive effect on the nervous system, for activating the nervous processes for strengthening immunity, ginsenosides flavonoids for use as a dietary supplement, dietary supplements in the nature of arginine, flavonoids dietary supplements for use as a dietary supplement as well as an additional source of zinc and vitamin B6 containing ecdystene, for treating erectile dysfunction of different origin with the weakening/loss of libido, sexual desire, and sexual activity, with an age-related decrease in testosterone levels, antiemetic for toxicosis in pregnant women, bactericidal preparations in the nature of bactericides, for the prevention of pathological processes that reduce testosterone levels and lead to erectile dysfunction, for treatment of vegetative-vascular disorders in men, for treatment of menopause in women that have weakness, fatigue, decreased physical activity, decreased libido, for treating fertility issues when planning pregnancy for men and women, for treating heart conditions in order to help patients increase mental and physical health activities, for use in improving memory, attention, for use in increasing the adaptive activity of the central nervous system and improving body tone, for treating asthenia, immunodeficiency states, anemia and hypovitaminosis, for preventing chronic fatigue syndrome, for reducing the likelihood of stroke and angina, for treating disorders of the sexual sphere in the nature of sexual dysfunctions in men, for the prevention of prostate adenoma, for athletes to increase muscle growth, strength and endurance, for eliminating erectile dysfunction in athletes as a result of overstrain and overtraining, for men and women during active physical activity to burn fat athletes to improve endurance and reaction speed, for men and women during active physical activity to reduce weight and gain muscle mass, for treatment of hypovitaminosis, for treatment of gastritis, for treatment of diseases of the liver and gallbladder, for treatment of cardiovascular diseases in the nature of arrhythmia, hypertension, for treatment of inoperable forms of cancer, for the treatment of shortness of breath and swelling, for treatment of yeast infections, for the prevention of hemorrhoids, for migraine prevention where treatment and use should be started two weeks before the onset of symptoms, for the prevention of colds, infectious diseases and for proving immunities, for regulating the menstrual cycle and for treating conditions related to menopause, for treating nervous excitement and as a remedy for insomnia, for the prevention of diabetes, with weakened immunity and beriberi, for treatment of cardiovascular diseases caused by changes in the chemical composition of the blood, bronchitis and asthma, treatment of metabolic disorders and liver diseases, for treatment of epilepsy, hysteria, exhaustion, enteritis, for treatment of kidney and bladder diseases, for treatment of stomach cramps, for treatment of thrush, for treatment of malaria, for treatment of kidney stones, for treatment of women with iron-deficient anemia for the prevention of arthrosis, rheumatism and other joint diseases, for treatment of disorders that increase stress on the joints, for the regeneration of cartilage cells which contributes to the conversion of chondrocytes from undifferentiated bone cells, for treatment of as a venotonic for increasing the elasticity of blood vessels, improves their ability to withstand intravascular pressure and has a positive effect on the walls of blood vessels, for stimulating the appetite and increasing the acidity of the stomach, for treating chronic constipation, flatulence, hemorrhoids, for treatment of diseases of the liver, kidneys, urinary and gallbladder, for treatment of pancreatitis, hepatitis, gout, kidney and gallstone diseases, cystitis, and eczema, for the treatment of obesity and diabetes, for treatment of bronchitis by to make a quick exit of phlegm, for treatment of atherosclerosis, anemia, venous thrombosis and other diseases of the cardiovascular system, for use as a sedative for treatment of insomnia, for preventing cancer, for reducing the time of fracture healing, for relieving inflammation and the destruction of infectious agents, for treatment of gastric ulcers and duodenal ulcers, for the purification of vessels and the prevention of atherosclerosis, for treatment of skin allergic diseases, for treatment of rheumatism, for treatment of fatigue, for increasing the overall muscle tone of the body, for use in treating diseases of the gastrointestinal tract, gastric ulcer and duodenal ulcer, gastritis, diarrhea, for treating diseases of the kidneys, liver, urinary tract and gallbladder, for treating cystitis, urolithiasis and cholelithiasis, hepatitis, for treating and preventing diseases of the cardiovascular system in the nature of atherosclerosis in diseases of the joints in the nature of rheumatism, for treatment of headaches, menstrual and other types of pain related to various gynecological disorders, for treatment of depression and nervous disorders, first-aid boxes, filled, mineral food supplements, nutritional supplements, albumin dietary supplements, yeast dietary supplements, alginate dietary supplements, glucose dietary supplements, casein dietary supplements, lecithin dietary supplements, linseed oil dietary supplements, propolis dietary supplements, protein dietary supplements, royal jelly dietary supplements, pollen dietary supplements, wheat germ dietary supplements, linseed dietary supplements, enzyme dietary supplements, yeast for pharmaceutical purposes, gelatine for medical purposes, cod liver oil, medicinal roots, starch adapted for medical use and for pharmaceutical purposes, blood for medical purposes, cultures of microorganisms for medical or veterinary use, liquorice for pharmaceutical purposes, lactose for pharmaceutical purposes, candy for medical purposes, royal jelly for pharmaceutical purposes, milk ferments for pharmaceutical purposes, elixirs for the prevention, rehabilitation, and treatment of osteoporosis, arthritis, arthrosis, periodontitis, periodontal disease, accelerating the fusion of fractures, prevention of cardiovascular accidents, strokes, infarcts, diseases of the gastrointestinal tract, increase brain activity, memory, stress resistance, physical and mental performance, improve immunity, prevent the development of oncology disorders, suppression of inflammatory reactions, increase in bone and endurance qualities, muscle growth and potency, libido growth, recovery after injuries and surgeries for pharmaceutical purposes, herbal tinctures, flour for pharmaceutical purposes, linseed meal for pharmaceutical purposes, mint for pharmaceutical purposes, dietetic beverages adapted for medical purposes, pepsins for pharmaceutical purposes, peptones for pharmaceutical purposes for the treatment of digestive disorders, food for babies, dietetic foods adapted for medical purposes, byproducts of the processing of cereals for dietetic or medical purposes, sedatives, laxatives, digestives for pharmaceutical purposes, media for bacteriological cultures, serums, namely, medicated hair serums, antioxidant pills, appetite suppressant pills, slimming pills, jujube, medicated, medicinal tea, herbal teas for medicinal purposes, eucalyptus for pharmaceutical purposes, plant extracts for pharmaceutical purposes, cellulose esters for pharmaceutical purposes, cellulose ethers for pharmaceutical purposes, all the aforementioned products containing BCAA, gold, ecdysterone, iron, and herbs
Classification Information
International Class
005 - Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. - Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
US Class Codes
005, 006, 018, 044, 046, 051, 052
Class Status Code
6 - Active
Class Status Date
2018-07-14
Primary Code
005
Correspondences
Name
JEFFREY P THENNISCH
Address
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International Registrations
International Registration Number
1407487
International Registration Date
2018-03-15
International Publication Date
2018-07-12
International Renewal Date
2028-03-15
Auto Protection Date
2020-01-12
International Status
001 - Request for extension of protection established
International Status Date
2018-07-12
Priority Claimed In
True
Priority Claimed Date
2017-12-14
First Refusal In
True
Trademark Events
Event DateEvent Description
2018-07-12SN ASSIGNED FOR SECT 66A SUBSEQ DESIG FROM IB
2018-07-14NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
2018-07-18APPLICATION FILING RECEIPT MAILED
2018-09-26ASSIGNED TO EXAMINER
2018-10-12NON-FINAL ACTION WRITTEN
2018-10-13NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW
2018-10-25REFUSAL PROCESSED BY MPU
2018-10-25NON-FINAL ACTION MAILED - REFUSAL SENT TO IB
2018-11-09REFUSAL PROCESSED BY IB
2019-03-04TEAS RESPONSE TO OFFICE ACTION RECEIVED
2019-03-04CORRESPONDENCE RECEIVED IN LAW OFFICE
2019-03-04TEAS/EMAIL CORRESPONDENCE ENTERED
2019-05-13FINAL REFUSAL WRITTEN
2019-05-13FINAL REFUSAL E-MAILED
2019-05-13NOTIFICATION OF FINAL REFUSAL EMAILED
2019-05-28TEAS REQUEST FOR RECONSIDERATION RECEIVED
2019-05-28CORRESPONDENCE RECEIVED IN LAW OFFICE
2019-05-29TEAS/EMAIL CORRESPONDENCE ENTERED
2019-07-03EXAMINERS AMENDMENT -WRITTEN
2019-07-03EXAMINERS AMENDMENT E-MAILED
2019-07-03NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED
2019-07-03EXAMINER'S AMENDMENT ENTERED
2019-07-03APPROVED FOR PUB - PRINCIPAL REGISTER
2019-07-15ASSIGNED TO LIE
2019-07-30WITHDRAWN FROM PUB - OG REVIEW QUERY
2019-08-09PREVIOUS ALLOWANCE COUNT WITHDRAWN
2019-11-18NON-FINAL ACTION WRITTEN
2019-11-18NON-FINAL ACTION E-MAILED
2019-11-18NOTIFICATION OF NON-FINAL ACTION E-MAILED
2019-12-18NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB
2019-12-18NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB
2020-01-03NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB
2020-01-27TEAS RESPONSE TO OFFICE ACTION RECEIVED
2020-01-27CORRESPONDENCE RECEIVED IN LAW OFFICE
2020-01-28TEAS/EMAIL CORRESPONDENCE ENTERED
2020-01-31REFUSAL PROCESSED BY IB
2020-02-27SUBSEQUENT FINAL REFUSAL WRITTEN
2020-02-27SUBSEQUENT FINAL EMAILED
2020-02-27NOTIFICATION OF SUBSEQUENT FINAL EMAILED
2020-08-27EXPARTE APPEAL RECEIVED AT TTAB
2020-08-27JURISDICTION RESTORED TO EXAMINING ATTORNEY
2020-08-27EX PARTE APPEAL-INSTITUTED
2020-08-27TEAS REQUEST FOR RECONSIDERATION RECEIVED
2020-09-02CORRESPONDENCE RECEIVED IN LAW OFFICE
2020-09-02TEAS/EMAIL CORRESPONDENCE ENTERED
2021-01-05NON-FINAL ACTION WRITTEN
2021-01-05NON-FINAL ACTION E-MAILED
2021-01-05NOTIFICATION OF NON-FINAL ACTION E-MAILED
2021-06-14ASSIGNED TO EXAMINER
2021-06-30TEAS RESPONSE TO OFFICE ACTION RECEIVED
2021-06-30CORRESPONDENCE RECEIVED IN LAW OFFICE
2021-07-02TEAS/EMAIL CORRESPONDENCE ENTERED
2021-08-25SUBSEQUENT FINAL REFUSAL WRITTEN
2021-08-25SUBSEQUENT FINAL EMAILED
2021-08-25NOTIFICATION OF SUBSEQUENT FINAL EMAILED
2021-11-10EXPARTE APPEAL DISMISSED - FAILURE TO FILE BRIEF
2021-12-27EXPARTE APPEAL TERMINATED
2021-12-27ABANDONMENT - AFTER EX PARTE APPEAL
2022-01-03ABANDONMENT NOTICE MAILED - AFTER EX PARTE APPEAL