| Serial Number | 79251887 |
| Word Mark | BETTER SCIENCE LP LDL BETTER HEALTH |
| Filing Date | Friday, July 27, 2018 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, May 19, 2020 |
| Registration Number | 6055423 |
| Registration Date | Tuesday, May 19, 2020 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, March 3, 2020 |
| Description of Mark | The mark consists of a circular background made up of several concentric circles. The wording "BETTER SCIENCE" appears curved and at the top of the circle and the wording "BETTER HEALTH" appears curved and at the bottom of the circle. The letters "LP LDL" appear in the middle of the circle. |
| Goods and Services | Proteinaceous foodstuffs, namely, protein milk, formed textured vegetable protein for use as a meat substitute; proteinaceous preparations for human consumption, namely, protein milk, formed textured vegetable protein for use as a meat substitute; vitamin, protein and mineral enriched foods and foodstuffs, namely, cow's milk with vitamins, chicken nuggets infused with vitamins, vitamin enriched prepared meals consisting primarily of meat, fish, poultry, game and cooked vegetables, protein milk, formed textured vegetable protein for use as meat substitute, protein enriched prepared meals consisting primarily of meat, fish, poultry, game and cooked vegetables, cow's milk with minerals, chicken nuggets infused with minerals, mineral enriched prepared meals consisting primarily of meat, fish, poultry, game and cooked vegetables; vitamin, protein and mineral enriched dairy products, namely, dairy-based beverages, dairy-based spreads, milk and milk products, namely, sour milk, rice milk, chocolate milk, yogurt; probiotic enriched dairy products, namely, dairy-based beverages, dairy-based spreads, milk and milk products, namely, sour milk, rice milk, chocolate milk, yogurt; prebiotic enriched dairy products, namely, dairy-based beverages, dairy-based spreads, milk and milk products, namely, sour milk, rice milk, chocolate milk; nutritional dairy products, namely, dairy-based beverages, dairy-based spreads, milk and milk products, namely, sour milk, rice milk, chocolate milk, yogurt and preserved, frozen, dried and cooked fruit and vegetable products enriched with prebiotics or probiotics; nutritional dairy products, namely, dairy-based beverages, dairy-based spreads, milk and milk products, namely, sour milk, rice milk, chocolate milk, yogurt and preserved, frozen, dried and cooked fruit and vegetable products comprising added microbial strains; dried milk-based meal replacement bars; dairy products, namely, dairy-based beverages, dairy-based spreads, milk and milk products, namely, sour milk, rice milk, chocolate milk, yogurt; milk and milk products, namely, milk-based beverages; yogurt; meat, fish, poultry and game products not live; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; edible oils and fats, all of the aforementioned goods containing Lactobacillus plantarum |
| Goods and Services | Pharmaceuticals, medical and veterinary preparations for high cholesterol, high blood pressure, glucose and energy regulation, vitamin metabolism, liver function; pharmaceutical preparations for high cholesterol, high blood pressure, glucose and energy regulation, vitamin metabolism, liver function; dietetic food beverages and sugars adapted for medical or veterinary use; food for babies; dietary supplements for humans and animals; dietetic infusions for medical use; food supplements; food supplements for dietetic use; probiotic supplements; prebiotic supplements; health care preparations, namely, health food supplements, nutritionally fortified water for medical purposes, medicinal preparations for lowering cholesterol and/or for lowering blood pressure and/or for glucose and energy regulation and/or vitamin metabolism and/or liver function; herbal extracts for medical purposes; nutritional supplements; vitamin and mineral supplements; nutritional supplements containing vitamins, minerals, omega-3 fatty acids, microbial extracts, plant extracts, probiotic ingredients and prebiotic ingredients; nutritional supplements containing bacterial cultures; nutritional supplements containing microbial preparations; dietary supplements and vitamins; metabolism modifying dietary supplements and vitamins; dietary supplements and vitamins to promote weight loss; dietary supplements in the form of dairy products, namely, milk products for therapeutic or medical purposes; dietary supplements in the form of yogurts for therapeutic or medical purposes; dietary supplements in the form of beverages for therapeutic or medical purposes; meal replacement powders for therapeutic or medical purposes; carbohydrate supplements; protein supplements; nutritional powdered supplements; nutritional supplements in the form of tablets, capsules, caplets; nutritional supplements in the form of soluble preparations; nutritional supplements in the form of powder sachets and soluble sticks; protein dietary supplements; vitamin, protein and mineral enriched foods and foodstuffs for medical purposes, namely, dietetic foods; probiotic enriched foods and foodstuffs for medical purposes, namely, dietetic foods; probiotic enriched proteinaceous food and foodstuffs for medical purposes, namely, dietetic foods; prebiotic enriched foods and foodstuffs for medical purposes, namely, dietetic foods; prebiotic enriched proteinaceous food and foodstuffs for medical purposes, namely, dietetic foods, all of the aforementioned goods containing Lactobacillus plantarum |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Goods and Services | Chemical additives for use in the manufacture of food; bacterial cultures for addition to food products; pro-biotic formulations and pre-biotic formulations both for use as ingredients for food and beverages, namely, bacteria and bacterial cultures; microbial preparations for use in the manufacture of food; chemical ingredients for use in the manufacture of foods; microbial ingredients for use in the manufacture of foods, all of the aforementioned goods containing Lactobacillus plantarum |
| Goods and Services | Non alcoholic beverages, namely, fruit juice, club soda, cola, sports, water-based, and soda beverages; preparations for making non-alcoholic beverages, namely, syrups for making lemonade, concentrates for making soft drinks, essences for making flavoured mineral waters; beverages, namely, fruit juice, club soda, cola, sports beverage, water-based, soda containing nutritional supplements; beverages, namely, fruit juice, club soda, cola, sports beverage, water-based, soda containing nutritional supplements and preparations for making the same; isotonic beverages; drinks with added vitamin, mineral, protein and sugar concentrates, namely, sports drinks enhanced with nutrients, drinking water with vitamins, energy drinks enhanced with minerals; aromatized beverages based on fruit, protein, cordial, sugar and other fluid nutrients, namely, protein drinks for use as food fillers and not for use as meal replacements; vitamin- and mineral-enriched drinks, namely, sports drinks enhanced with vitamins, drinking water with vitamins, sports drinks enhanced with minerals, energy drinks enhanced with minerals; powders and other preparations for making drinks, namely, non-alcoholic drinks, namely, soft drinks, fruit-based beverages, isotonic sports drinks; non alcoholic beverages, namely, soft drinks, fruit-based beverages, isotonic sports drinks and preparations for making the same comprising added microbial strains, all of the aforementioned goods containing Lactobacillus plantarum |
| Disclaimer with Predetermined Text | "LP LDL" |
| International Class | 001 - Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins; unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry. |
| US Class Codes | 001, 005, 006, 010, 026, 046 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, February 26, 2019 |
| Primary Code | 001 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 005 - Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; 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 | 006, 018, 044, 046, 051, 052 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, February 26, 2019 |
| Primary Code | 005 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 029 - Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats. |
| US Class Codes | 046 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, February 26, 2019 |
| Primary Code | 029 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 032 - Beers; mineral and aerated waters and other nonalcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. |
| US Class Codes | 045, 046, 048 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, February 26, 2019 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | PROBIOTIX LIMITED |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | GB |
| Party Name | Probiotix Health Limited |
| Party Type | 21 - New Owner After Publication |
| Legal Entity Type | 99 - Other |
| Address | GB |
| Party Name | Optibiotix Limited |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | YO10 5D GB |
| Party Name | Optibiotix Limited |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | YO10 5D GB |
| Event Date | Event Description |
| Friday, September 1, 2023 | CHANGE OF NAME/ADDRESS REC'D FROM IB |
| Saturday, October 10, 2020 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Saturday, September 19, 2020 | FINAL DISPOSITION NOTICE SENT TO IB |
| Saturday, September 19, 2020 | FINAL DISPOSITION PROCESSED |
| Wednesday, August 19, 2020 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Tuesday, May 19, 2020 | REGISTERED-PRINCIPAL REGISTER |
| Saturday, March 21, 2020 | NOTIFICATION PROCESSED BY IB |
| Thursday, March 12, 2020 | CHANGE OF OWNER RECEIVED FROM IB |
| Tuesday, March 3, 2020 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, March 3, 2020 | PUBLISHED FOR OPPOSITION |
| Wednesday, February 12, 2020 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, February 12, 2020 | NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB |
| Wednesday, February 12, 2020 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Monday, January 27, 2020 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Friday, January 24, 2020 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, January 23, 2020 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, January 23, 2020 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Wednesday, September 11, 2019 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Wednesday, September 11, 2019 | FINAL REFUSAL E-MAILED |
| Wednesday, September 11, 2019 | FINAL REFUSAL WRITTEN |
| Saturday, September 7, 2019 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, September 6, 2019 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, September 6, 2019 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, September 6, 2019 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Friday, September 6, 2019 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Saturday, March 23, 2019 | REFUSAL PROCESSED BY IB |
| Wednesday, March 6, 2019 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Wednesday, March 6, 2019 | REFUSAL PROCESSED BY MPU |
| Saturday, March 2, 2019 | APPLICATION FILING RECEIPT MAILED |
| Wednesday, February 27, 2019 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Tuesday, February 26, 2019 | NON-FINAL ACTION WRITTEN |
| Tuesday, February 26, 2019 | ASSIGNED TO EXAMINER |
| Tuesday, February 26, 2019 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, February 14, 2019 | SN ASSIGNED FOR SECT 66A APPL FROM IB |