| Serial Number | 79067056 |
| Word Mark | BIONORICA THE PHYTOLUTION COMPANY |
| Filing Date | Friday, March 14, 2008 |
| Status | 706 - SECTION 71 ACCEPTED |
| Status Date | Wednesday, June 30, 2021 |
| Registration Number | 3899294 |
| Registration Date | Tuesday, January 4, 2011 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, October 19, 2010 |
| Goods and Services | [ Food additives for non-medical purposes, namely, food additives containing primarily carbohydrates and fiber, and also containing vitamins, minerals and trace elements, either singular or in combination; plant extracts and tinctures not being essential oils in liquid, solid or gaseous form to be used as flavourings in food and nutritional additives; herbal teas for food purposes; food additives in the nature of plant extracts not being essential oils used as flavouring in liquid, solid or gaseous form for foodstuffs, food supplements and food; foods and dietetic foods, namely, ready to eat cereal derived food bars; flavouring additives for non-nutritional purposes in the form of liquids, solids, or gaseous compounds for use in the manufacture of cosmetics and food; herbal teas ] |
| Goods and Services | [ Education services, namely, providing classes, courses, seminars, workshops, tutoring and mentoring in the fields of health and medicine; providing of training in the use of medicine and sports equipment ] |
| Translation of Words in Mark | The wording "BIONORICA" and "PHYTOLUTION" has no meaning in a foreign language. |
| Description of Mark | The mark consists of the wording "BIONORICA" above a horizontal line and the wording "THE PHYTOLUTION COMPANY", in smaller font size, below the horizontal line |
| Goods and Services | [ Downloadable electronic publications in the nature of magazines, journals, newsletters, periodicals, catalogues, brochures, manuals, leaflets, package inserts in the field of medicine and phytopharmacy, press releases featuring information on medicine and phytopharmacy; prerecorded magnetic data carriers featuring medicine and phytopharmacy; small weighing, measuring, signalling, checking and supervision apparatus, namely, pocket calculators, scales, balances, measuring rules, thermometers, computer storage devices, namely, flash drives, USB flash drives, flash memory cards, memory cards and computer memory hardware all to be used as advertising medium; spectacles, namely, eyeglasses and goggles; protective helmets, namely, bicycle helmets; personal computers; DVD, CD, and magnetic-tape recorders and players ] |
| Goods and Services | [ Food additives for non-medical purposes, namely, food additives containing primarily fatty substances, greases, fatty acids, either singular or in combination, and also containing vitamins, minerals and trace elements; plant extracts for foodstuffs, namely, food additives in the nature of fat acids made from fruits and vegetables; plant extracts for foodstuff in the nature of food additives containing fatty acids and proteins to be used in food supplements and food, namely, soups, powdered nutritional supplement drink mix and porridge; proteins being food additives for human consumption containing fatty substances, fatty acids, vitamins, minerals and trace elements; food additives in the nature of fat acids made from meat, fish, fruits, vegetables, eggs, milk and edible oils and fats containing fatty substances fatty acids, vitamins, minerals and trace elements ] |
| Goods and Services | [ Games and playthings, namely, board games, card games, dice games, memory games, party games, action skill games, dolls and puppets; positionable toy figures; gymnastic and sporting articles, namely, treadmills, stair machines, stationary exercise bikes, trampolines, skipping ropes, soccer balls, tennis balls, racket balls; rubber balls for games; hockey pucks; rackets for tennis, squash, badminton and table tennis; paddles for use in paddle ball games; decorations for Christmas trees, except lighting apparatus and confectionery ] |
| Goods and Services | Pharmaceutical preparations for use in the treatment, cure, mitigation or prevention of [ gingivitis, halitosis, stomatitis, periodontitis, inflammation of the oral cavity and pharyngeal cavity, hypersensitivity of teeth, ] angina, [ atherosclerosis, ] bronchial asthma, [ circulatory disorders, constipation, diarrhoea, heart failure, heart rhythm disorders, high blood pressure, indigestion, insomnia, migraine, motion sickness, nausea, peptic ulcers, vomiting, allergy, gynecological disorders affecting menstruation, sterility, menstrual syndromes, dysmenorrhoea, infertility, genital tract infections, pelvic inflammatory diseases, vaginal discomfort due to menopausal atrophic changes, anatomical abnormalities, neoplasia, breast neoplasm, breast cancer, mamma, mastopathy, mastodynia, premenstrual syndrome, climateric complaints, breast pain, blood conditions and disorders, blood circulation disorders, high blood pressure, hypertension, pulmonary diseases, heart rhythm disorders, heart failure, urological diseases, sexually transmitted diseases and inflammatory pelvic diseases, menopausal complaints due to therapeutically induced menopause, tamoxifen induced hot flushes of breast cancer survivors, vaginal discomfort due to menopausal atrophic changes, climactic sleep disturbances, depressive moods, osteoprotectio, osteoporosis, central nervous system infections, brain diseases, central nervous system movement disorders, ocular motility disorders, spinal cord diseases, psycho vegetative disorders, depressive syndrome, anxiety, nervous unrest, peripheral nervous system infections, peripheral nervous system movement disorders, nerve compression syndromes, neuritis, neuralgia and regional pain syndromes, diseases and disorders of the kidney, urological disorders, chronic infections of the bladder, cystitis, pyelonephritis, glomerulonephritis, interstitial nephritis, nephrolithiasis, cancer, urolith prophylaxis, dizziness, migraine, depression, ] inflammations of the upper and lower respiratory organs, sinuses, bronchitis, tonsillitis, [ arthritis, osteoarthritis, ] fever, cough, cold, [ Alzheimer's disease, ] infection of respiratory tract; [ infection of urinary tract, urinary obstruction, chronic venous insufficiency, prostate hyperplasia, muscle pains, soft tissue rheumatism, musculoskeletal disease, liver disease, hepatitis, cirrhosis of liver, periodontal diseases and dental caries; pharmaceutical preparations for use as an antidepressant, diuretic, hypnotic, sedative, stimulant, and tranquilizer; hemorrhoidal ointment, laxative, nasal decongestant capsules, nasal spray preparations, non-narcotic analgesics, throat lozenges; menstruation circulation regulating tablets; hormone preparations, hormone replacement medication; ] pharmaceutical preparations for sensory organs, namely, for use in [ ophthalmology, ] otolaryngology; [ and dermatology; ] pharmaceutical preparations for regulation and strengthening of the immune system; [ pharmaceutical preparations for treating temporary relief of occasional minor irritation, pain sore mouth, sore gums, sore throat, pain associated with canker sores, pain due to minor irritation or injury of the mouth and gums, pain due to minor dental procedures, pain due to minor irritations caused by dentures or orthodontic appliances, sore gums due to teething in infants and children four months of age and older; pharmaceutical products, namely, medicated dental, gum and mouth washes, medicated dental, gum and mouth rinse, medicated toothpastes, medicated oral-care gels, medicated dental gels, medicated lozenges, cough lozenges, medicated chewing gum, medicated gels and fluids in the nature of dental bleaching gels, gum balms, medicated dental floss, medicated dental tapes, medicated dental ribbons, medicated teeth whitener gels, medicated toothpicks, fluoride chewing gum and chewable tablets for disclosing dental plaque and tartar; preparations for dental purposes, namely, plaque disclosing reagents, periodontal diagnostic reagents for medical purposes for detecting derivatives from periodontal bacteria and caries, diagnostic reagents for detecting derivatives from caries-causal bacteria and medicines for the prevention and treatment of periodontal diseases,dental caries, canker sores, cold sores, mucositis and oral and tongue cancers; medicated mouth sprays and desensitizers; ] plant extracts for [ veterinary and ] pharmaceutical purposes; [ sanitary preparations for medical use; sanitary preparations for hygiene, namely, antiseptics, oral antiseptics, disinfectants for health purposes; sanitary preparations for the treatment, cleaning and protection of the skin; ] dietary supplements in the form of tablets, [ drops, capsules, ] extract preparations, balms or in liquid form, containing plant extracts; [ dietetic substances adapted for medical use in the form of tablets, drops, capsules, extract preparations, balms or in liquid form; food for medically restricted diets, food for diabetics, ] food supplements containing plant extracts, food supplements derived from plants or plant extracts, all aforesaid goods in the form of tablets, [ drops, capsules, ] extract preparations, balms or in liquid form; [ vitamin and mineral supplements; food and food supplements, namely, herbal teas for medicinal purposes and medicinal teas; nutritional additives for use in foods and dietary supplements for human consumption; ] dietetic food supplements; dietary supplements; food supplements and dietary food supplements [ ; mineral food supplements, food supplements based on amino acids, minerals and/or trace elements; medical plasters; materials for dressings, namely, gauze and bandages; all purpose disinfectants; material for stopping teeth; dental wax ] |
| Goods and Services | [ Paper; cardboard; goods made from paper and cardboard, namely, paper bags, coasters, figures and works of art; printed matter, namely, books, magazines, journals, newspapers, periodicals, leaflets, reviews, manuals, catalogs and brochures in the fields of health and medicine; bookbinding material, namely, bookbindings; photographs; stationery; adhesives for stationery or household purposes; artists' materials, namely, artists' pastels, artists' pencils, artists' pens, painting sets for artists; paint brushes; typewriters, office requisites except furniture, namely, punches, staplers, erasers, desk pads, pencil sharpeners; printed instructional and teaching material, namely, instructional and teaching material in the field of medicine and phytopharmacy; paper bags, envelopes and pouches for packaging; plastic bags and bubble packs for packaging ] |
| Goods and Services | [ Essential oils for use in the manufacture of cosmetics; hair lotions; dentifrices ] |
| Goods and Services | [ Clothing, namely, t-shirts, pants, dresses, jackets, trousers, jumpers, socks; footwear; headgear for men, women and children, namely, hats caps, headscarves ] |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Goods and Services | [ Chemicals used in industry, namely, raw materials for the manufacture of pharmaceutical preparations ] |
| NOT AVAILABLE | "COMPANY" |
| Goods and Services | [ Household or cooking utensils, namely, graters, sieves, spatulas, strainers, turners, pot and pan scrapers, rolling pins, whisks, skimmers and tongs; containers for household use; cleaning and hair combs; bath, cleaning, and scrub sponges, sponges for household purposes; brushes, namely, cake brushes, clothes brushes, cosmetic brushes, crumb brushes, dishwashing brushes, dusting brushes, electric toothbrushes, floor brushes, hair brushes, nail brushes, shaving brushes, shoe brushes, toilet brushes, tub brushes, and washing brushes; beverage glassware, porcelain mugs and earthenware mugs; dishes made of glass, porcelain and earthenware; figurines, sculptures, statues, statuettes and works of art made of glass, porcelain and earthenware ] |
| Goods and Services | [ Living plants; dried plants; unprocessed herbs ] |
| 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 | G - NOT AVAILABLE |
| Class Status Date | Wednesday, April 12, 2017 |
| Primary Code | 001 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 003 - Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. |
| US Class Codes | 001, 004, 006, 050, 051, 052 |
| Class Status Code | G - NOT AVAILABLE |
| Class Status Date | Wednesday, April 12, 2017 |
| Primary Code | 003 |
| 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 | Monday, April 27, 2009 |
| Primary Code | 005 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 009 - Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus. |
| US Class Codes | 021, 023, 026, 036, 038 |
| Class Status Code | G - NOT AVAILABLE |
| Class Status Date | Wednesday, April 12, 2017 |
| Primary Code | 009 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 016 - Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks. |
| US Class Codes | 002, 005, 022, 023, 029, 037, 038, 050 |
| Class Status Code | G - NOT AVAILABLE |
| Class Status Date | Wednesday, April 12, 2017 |
| Primary Code | 016 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 021 - Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel-wool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes. |
| US Class Codes | 002, 013, 023, 029, 030, 033, 040, 050 |
| Class Status Code | G - NOT AVAILABLE |
| Class Status Date | Wednesday, April 12, 2017 |
| Primary Code | 021 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 025 - Clothing, footwear, headgear. |
| US Class Codes | 022, 039 |
| Class Status Code | G - NOT AVAILABLE |
| Class Status Date | Wednesday, April 12, 2017 |
| Primary Code | 025 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 028 - Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees. |
| US Class Codes | 022, 023, 038, 050 |
| Class Status Code | G - NOT AVAILABLE |
| Class Status Date | Wednesday, April 12, 2017 |
| Primary Code | 028 |
| 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 | G - NOT AVAILABLE |
| Class Status Date | Wednesday, April 12, 2017 |
| Primary Code | 029 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 030 - Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces (condiments); spices; ice. |
| US Class Codes | 046 |
| Class Status Code | G - NOT AVAILABLE |
| Class Status Date | Wednesday, April 12, 2017 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 031 - Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals; malt. |
| US Class Codes | 001, 046 |
| Class Status Code | G - NOT AVAILABLE |
| Class Status Date | Wednesday, April 12, 2017 |
| Primary Code | 031 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 041 - Education; providing of training; entertainment; sporting and cultural activities. |
| US Class Codes | 100, 101, 107 |
| Class Status Code | G - NOT AVAILABLE |
| Class Status Date | Wednesday, April 12, 2017 |
| Primary Code | 041 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Bionorica SE |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | Neumarkt 92318 DE |
| Party Name | Bionorica AG |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | DE |
| Party Name | Bionorica AG |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | DE |
| Event Date | Event Description |
| Friday, May 1, 2009 | APPLICATION FILING RECEIPT MAILED |
| Thursday, April 23, 2009 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Friday, April 24, 2009 | LIMITATION OF GOODS/SERVICES FROM IB ENTERED |
| Monday, April 27, 2009 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Monday, April 27, 2009 | ASSIGNED TO EXAMINER |
| Monday, August 10, 2009 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, May 8, 2009 | ASSIGNED TO EXAMINER |
| Friday, May 29, 2009 | ASSIGNED TO EXAMINER |
| Friday, May 29, 2009 | NON-FINAL ACTION WRITTEN |
| Saturday, May 30, 2009 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Monday, June 1, 2009 | REFUSAL PROCESSED BY MPU |
| Monday, June 1, 2009 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Friday, June 26, 2009 | REFUSAL PROCESSED BY IB |
| Tuesday, July 21, 2009 | PAPER RECEIVED |
| Friday, August 7, 2009 | ASSIGNED TO LIE |
| Monday, August 10, 2009 | AMENDMENT FROM APPLICANT ENTERED |
| Friday, August 20, 2010 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, September 1, 2009 | NON-FINAL ACTION WRITTEN |
| Tuesday, September 1, 2009 | NON-FINAL ACTION MAILED |
| Monday, November 23, 2009 | PAPER RECEIVED |
| Tuesday, November 24, 2009 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, November 24, 2009 | AMENDMENT FROM APPLICANT ENTERED |
| Friday, January 8, 2010 | NON-FINAL ACTION WRITTEN |
| Friday, January 8, 2010 | NON-FINAL ACTION MAILED |
| Thursday, August 19, 2010 | PAPER RECEIVED |
| Friday, August 20, 2010 | AMENDMENT FROM APPLICANT ENTERED |
| Monday, April 4, 2011 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Wednesday, September 15, 2010 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, September 15, 2010 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Thursday, September 23, 2010 | NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB |
| Thursday, September 23, 2010 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |
| Wednesday, September 29, 2010 | NOTICE OF PUBLICATION |
| Saturday, October 9, 2010 | NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB |
| Tuesday, October 19, 2010 | PUBLISHED FOR OPPOSITION |
| Tuesday, January 4, 2011 | REGISTERED-PRINCIPAL REGISTER |
| Wednesday, April 12, 2017 | NOTICE OF ACCEPTANCE OF SEC. 71 & 15 - E-MAILED |
| Wednesday, April 13, 2011 | FINAL DISPOSITION PROCESSED |
| Thursday, April 14, 2011 | FINAL DISPOSITION NOTICE SENT TO IB |
| Monday, February 18, 2013 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Thursday, June 12, 2014 | NEW REPRESENTATIVE AT IB RECEIVED |
| Wednesday, October 5, 2016 | TEAS SECTION 71 & 15 RECEIVED |
| Wednesday, January 11, 2017 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Thursday, January 12, 2017 | POST REGISTRATION ACTION MAILED - SEC. 71 & 15 |
| Friday, April 7, 2017 | TEAS RESPONSE TO OFFICE ACTION-POST REG RECEIVED |
| Wednesday, April 12, 2017 | REGISTERED - PARTIAL SEC. 71 ACCEPTED & SEC. 15 ACK. |
| Saturday, October 31, 2020 | NEW REPRESENTATIVE AT IB RECEIVED |
| Thursday, November 2, 2017 | CHANGE OF NAME/ADDRESS REC'D FROM IB |
| Tuesday, December 12, 2017 | PARTIAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Wednesday, December 20, 2017 | INVALIDATION PROCESSED |
| Wednesday, December 20, 2017 | PARTIAL INVALIDATION OF REG EXT PROTECTION SENT TO IB |
| Friday, January 26, 2018 | PARTIAL INVALIDATION PROCESSED BY THE IB |
| Thursday, March 29, 2018 | INTERNATIONAL REGISTRATION RENEWED |
| Saturday, January 4, 2020 | COURTESY REMINDER - SEC. 71 (10-YR) E-MAILED |
| Wednesday, November 11, 2020 | TEAS SECTION 71 RECEIVED |
| Thursday, January 21, 2021 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Wednesday, March 2, 2022 | PARTIAL INVALIDATION OF REG EXT PROTECTION CREATED |
| Saturday, April 22, 2023 | NEW REPRESENTATIVE AT IB RECEIVED |
| Wednesday, June 30, 2021 | REGISTERED-SEC.71 ACCEPTED |
| Wednesday, June 30, 2021 | NOTICE OF ACCEPTANCE OF SEC. 71 - E-MAILED |
| Thursday, June 30, 2022 | INVALIDATION PROCESSED |
| Thursday, June 30, 2022 | PARTIAL INVALIDATION OF REG EXT PROTECTION SENT TO IB |
| Sunday, July 31, 2022 | PARTIAL INVALIDATION PROCESSED BY THE IB |
| Friday, October 21, 2022 | NEW REPRESENTATIVE AT IB RECEIVED |
| Friday, February 17, 2023 | NEW REPRESENTATIVE AT IB RECEIVED |
| Saturday, September 9, 2023 | NEW REPRESENTATIVE AT IB RECEIVED |
| Saturday, May 18, 2024 | NEW REPRESENTATIVE AT IB RECEIVED |
| Thursday, August 1, 2024 | NEW REPRESENTATIVE AT IB RECEIVED |
| Friday, May 3, 2024 | NEW REPRESENTATIVE AT IB RECEIVED |