BREATHEWELL Trademark

Trademark Overview


On Thursday, July 10, 2008, a trademark application was filed for BREATHEWELL with the United States Patent and Trademark Office. The USPTO has given the BREATHEWELL trademark a serial number of 77519343. The federal status of this trademark filing is ABANDONED - NO STATEMENT OF USE FILED as of Monday, August 23, 2010. This trademark is owned by HerbalScience Group, LLC. The BREATHEWELL trademark is filed in the Chemical Products, Pharmaceutical Products, Meat & Processed Food Products, Staple Food Products, and Light Beverage Products categories with the following description:

Botanical extracts for use in the manufacture of nutraceuticals; botanical extracts for use in the manufacture of nutraceuticals and pharmaceuticals; botanical extracts for use in the manufacture of nutraceuticals and pharmaceuticals; chemical extracts and active principles extracted from medicinal plants for use in the manufacture of nutraceuticals and pharmaceuticals, namely, chemical agents made from botanical extracts; chemical extracts and active principles extracted from medicinal plants for use in the pharmaceutical industry, namely, chemical agents made from botanical extracts or association of chemical extracts for use in the manufacture of pharmaceutical or nutraceutical products; botanical extracts for use in the manufacture of medicated preparations in the form of lotions, creams, and topical analgesics and anesthetics, tablets, capsules, pills, lozenges, inhalers, tincture, suppositories and ampule for injection; botanical extracts used in the manufacture of pharmaceutical...

Nutritional additives for medical purposes for use in foods and dietary supplements for human consumption; nutritional supplements; herbal products, namely, medicated skin and lip balms; herbal products, namely, ointments, oils, drinks, infusions, syrups, herbal extracts, poisons, tinctures for medical use in the treatment of strokes, infarcts and other cardiovascular and cerebrum diseases; herbal products, namely, mentholated ointments for medical use; oils, namely, mineral oil for use as a laxative; drinks, namely, meal replacement drinks; dietary supplement drinks, medicinal drinks, and fish oil for use as a dietary supplement and as a nutraceutical dietary supplement; syrups, namely, cough syrups; herbal products for medicinal purposes, namely, herbal extracts for use as nutritional and dietary supplements; herbal products for medicinal purposes, namely, herbal extracts and syrups; medicinal herb extracts; medicinal herb extracts for medical purposes; plant extracts for medical or ...

Food beverages, namely, dairy-based food beverages, fruit-based food beverages, vegetable-based food beverages, dairy-based chocolate food beverages, soy-based food beverage used as a milk substitute, vegetable-based chocolate food beverages and peanut-based food beverages; milk beverages, namely, milk, milk beverages containing fruits, milk beverages with high milk content, milk based beverages containing fruit juice and milk beverages containing coffee; milk powder; milk powder for nutritional purposes; powdered milk for food purposes; functional foods, namely, dairy-based food beverages, fruit-based food beverages, vegetable-based food beverages, dairy-based chocolate food beverages, soy-based food beverage used as a milk substitute, vegetable-based chocolate food beverages, nut-based food beverages, milk, milk beverages containing fruits, milk beverages with high milk content, milk based beverages containing fruit juice, and milk beverages containing coffee; soy protein for use as ...

Herbal food beverages; processed herbs; organic foods, namely, chocolate, dairy-free chocolate, reduced fat chocolate, reduced calorie chocolate, cocoa, chocolate chips, chocolate fondue, chocolate toppings, reduced fat candy, bakery products, namely, cookies, cakes, pies and muffins, crackers, biscuits, ready-to-eat cereal-derived food bars, pretzels, chewing gum, frozen yogurt, frozen custard, fruit ices, pancake, waffle and bread mixes, salad dressing, pasta and pasta mixes, rice, cornmeal and wheat based snack foods; food beverages, namely, chocolate food beverages not being dairy-based or vegetable based, herbal food beverages, and grain-based food beverages; functional foods, namely, chocolate, dairy-free chocolate, reduced fat chocolate, reduced calorie chocolate, cocoa, chocolate chips, chocolate fondue, chocolate toppings, reduced fat candy, bakery products, namely, cookies, cakes, pies and muffins, crackers, biscuits, ready-to-eat cereal-derived food bars, pretzels, chewing g...

Organic beverages, namely, fruit drinks, soft drinks, drinking water and fruit and vegetable juices; functional beverages, namely, fruit drinks, soft drinks, drinking water and fruit and vegetable juices
breathewell

General Information


Serial Number77519343
Word MarkBREATHEWELL
Filing DateThursday, July 10, 2008
Status606 - ABANDONED - NO STATEMENT OF USE FILED
Status DateMonday, August 23, 2010
Registration Number0000000
Registration DateNOT AVAILABLE
Mark Drawing4000 - Illustration: Drawing with word(s) / letter(s) / number(s) in Block form
Published for Opposition DateTuesday, July 21, 2009

Trademark Statements


Goods and ServicesBotanical extracts for use in the manufacture of nutraceuticals; botanical extracts for use in the manufacture of nutraceuticals and pharmaceuticals; botanical extracts for use in the manufacture of nutraceuticals and pharmaceuticals; chemical extracts and active principles extracted from medicinal plants for use in the manufacture of nutraceuticals and pharmaceuticals, namely, chemical agents made from botanical extracts; chemical extracts and active principles extracted from medicinal plants for use in the pharmaceutical industry, namely, chemical agents made from botanical extracts or association of chemical extracts for use in the manufacture of pharmaceutical or nutraceutical products; botanical extracts for use in the manufacture of medicated preparations in the form of lotions, creams, and topical analgesics and anesthetics, tablets, capsules, pills, lozenges, inhalers, tincture, suppositories and ampule for injection; botanical extracts used in the manufacture of pharmaceutical preparations in the form of lotions, creams, and topical analgesics and anesthetics, tablets, capsules, pills, tincture, suppositories and ampule for injection; botanical extracts for use in the manufacture of pharmaceutical preparations in the form of lotions, creams, and topical analgesics and anesthetics, tablets, capsules, pills, tincture, suppositories and ampule for injection; botanicals and botanical blends, herbals and herbal blends, botanical extracts and botanical extract blends, flavor extracts and flavor extract blends, algal extracts and algal extract blends, all for use in the manufacture of nutritional supplements and vitamins; algal extracts or algal extract blends for use in the manufacture of nutritional and dietary supplements; algal extracts and algal extract blends, all for use in the manufacture of nutritional supplements and vitamins; mushroom, fungus, and spore extracts for use in food manufacture; herbal extracts and blends for use in medicinal foods or beverages; botanical extracts and blends for use in the manufacture of medicinal foods or beverages; medicinal herb extracts for use in the manufacture of lotions, creams, and topical analgesics and anesthetics, tablets, capsules, pills, lozenges, inhalers, tincture, suppositories and ampule for injection; botanical extracts for use in the manufacture of nutraceuticals, nutritional use, and pharmaceuticals
Goods and ServicesNutritional additives for medical purposes for use in foods and dietary supplements for human consumption; nutritional supplements; herbal products, namely, medicated skin and lip balms; herbal products, namely, ointments, oils, drinks, infusions, syrups, herbal extracts, poisons, tinctures for medical use in the treatment of strokes, infarcts and other cardiovascular and cerebrum diseases; herbal products, namely, mentholated ointments for medical use; oils, namely, mineral oil for use as a laxative; drinks, namely, meal replacement drinks; dietary supplement drinks, medicinal drinks, and fish oil for use as a dietary supplement and as a nutraceutical dietary supplement; syrups, namely, cough syrups; herbal products for medicinal purposes, namely, herbal extracts for use as nutritional and dietary supplements; herbal products for medicinal purposes, namely, herbal extracts and syrups; medicinal herb extracts; medicinal herb extracts for medical purposes; plant extracts for medical or pharmaceutical purposes; plant extracts for medical and nutritional purposes; plant extracts for medical and pharmaceutical purposes; medicinal herbal extracts sold as a component ingredient of pharmaceutical preparations in the form of lotions, creams, and topical analgesics and anesthetics, tablets, capsules, pills, tincture, suppositories and ampule for injection used to treat skin ailments, for infection, degenerative, muscular, pulmonary, skeletal, endocrine, immune, neurological, cardiovascular, metabolic, inflammatory or cancer conditions; botanical extracts sold as a component ingredient of pharmaceutical preparations in the form of lotions, creams, and topical analgesics and anesthetics, tablets, capsules, pills, tincture, suppositories and ampule for injection used to treat skin ailments, for infection, degenerative, muscular, pulmonary, skeletal, endocrine, immune, neurological, cardiovascular, metabolic, inflammatory, or cancer conditions; yeast extracts for medical or pharmaceutical purposes; yeast extracts for medical or nutraceutical purposes; herbal products, namely, herbal powders for nutritional purposes; herbal products, namely, herbal meal replacement powders for dietary and nutritional purposes; herbal products, namely, aromatherapy packs filled with herbs for the treatment of, or relief of symptoms in, infectious diseases and adverse human health conditions, namely, infection, degenerative, muscular, pulmonary, skeletal, endocrine, immune, neurological, cardiovascular, metabolic, inflammatory, or cancer conditions; herbal products, namely, aromatherapy packs containing herbs used for relief from headaches, insomnia and sinus discomfort; herbal products, namely, herbal powders sold as an integral ingredient of nutritional supplement drink mix for nutritional purposes; pharmaceuticals and nutraceuticals, namely, vitamins and food supplements; pharmaceutical preparations, namely, appetite suppressants and lipid lowering agents; food for diabetics, infants and enteral feeding; botanical extracts for nutritional use; botanical extracts for medical, veterinary, nutraceutical and pharmaceutical purposes; designer extracts, namely, herbal extracts for medical, veterinary and pharmaceutical purposes; botanicals and botanical blends, herbals and herbal blends, botanical extracts and botanical extract blends, flavor extracts and flavor extract blends, all sold as components of nutritional supplements and vitamins; nutritional oils not for cosmetic purposes; food supplements, namely, lipid concentrates for use as a dietary food supplement or for pharmaceutical or medicinal purposes; food supplements, namely, anti-oxidants; food for medically restricted diets; dietary supplements, namely, vitamins and mineral supplements; anti-cough drops; cough drops; cough expectorants; throat lozenges; cough lozenges; cough syrups; cough treatment preparations; cold sore treatment preparations; pharmaceutical antitussive-cold preparations; preparations for treating colds; analgesic preparations; analgesics; antipyretic analgesics; ibuprofen for use as an oral analgesic; multipurpose medicated antibiotic cream, analgesic balm and mentholated salve; oral analgesics; topical analgesics; pharmaceutical preparations for the treatment and prevention of herpes; vaccines for the treatment and prevention herpes; medical biological preparations for the treatment and prevention of herpes; pharmaceutical preparations for the treatment of herpes simplex infection; pharmaceutical capsules for the treatment of herpes simplex infection; homeopathic preparations for the treatment of herpes and cold sores; pharmaceutical preparations for the treatment of herpes viruses; medicated topical clear fluoride gel for the treatment of herpes virus during the physical manifestation of the virus; pharmaceutical preparations for the treatment of herpes simplex virus type I or type ii or herpes zoster virus, not in intravenous form; plant based antivirals; over-the-counter topical antivirals; pharmaceutical preparation with antiviral and/or antimicrobial properties for use in the treatment of herpetic keratitis, conjunctivitis, hiv retinopathy, viral influenza "flu", herpes simplex virus 1, herpes simplex virus 2, varicella zoster virus "herpes zoster" "shingles", cytomegalovirus, viral parainfluenza, adenovirus, viral encephalitis, viral meningitis, arbovirus, arenavirus, picornavirus, coronavirus, syntialvirus, viral infections, common colds caused by viruses, cold sores, human immunedeficiency virus "hiv", roseola infantum, human herpes iv; pharmaceutical preparations for the treatment of viral diseases and disorders, namely, herpes; pharmaceutical preparations for treating immune diseases induced by virus, namely, herpes, herpes zoster and aids; functional foods, namely, dietetic foods adapted for medical purposes, food for diabetics, infants and enteral feeding, food for medically restricted diets; functional beverages, namely, nutritionally fortified beverages; medicinal foods, namely, processed food for medical purposes; animal health products, namely, animal feed supplements, medicated animal feed, micro-nutrient animal feed, dietary supplements for animals, non-medicated additives for animal feed for use as nutritional supplements, nutritional drinks for animals, pharmaceutical preparations for animal skincare; plant extracts for medical, veterinary and pharmaceutical purposes; botanical extracts for medical, veterinary and pharmaceutical purposes; herbal extracts for medical, veterinary and pharmaceutical purposes; designer extracts, namely, plant, herbal and botanical extracts for medical, veterinary and pharmaceutical purposes; biodefense products in the nature of medicinal preparations for the treatment of, or relief of symptoms in, infectious diseases and adverse human health conditions caused by biological agents, namely, infections, degenerative conditions, muscular conditions, pulmonary conditions, skeletal deterioration, endocrine conditions, immune deficiency conditions, neurological deficiency conditions, cardiovascular conditions, metabolic conditions, inflammatory infections or cancer; nutritionally fortified beverages for immune enhancement; nutritionally fortified beverages with rice bran and wheat bran; algal products for medicinal purposes, namely, algal extracts or algal extract blends for use as nutritional and dietary supplements; algal products, namely, algal powders sold as an integral ingredient of nutritional supplement drink mix for nutritional purposes; algal products, namely, algal powders for nutritional purposes; algal extracts or algal extract blends for medical or pharmaceutical purposes
Goods and ServicesFood beverages, namely, dairy-based food beverages, fruit-based food beverages, vegetable-based food beverages, dairy-based chocolate food beverages, soy-based food beverage used as a milk substitute, vegetable-based chocolate food beverages and peanut-based food beverages; milk beverages, namely, milk, milk beverages containing fruits, milk beverages with high milk content, milk based beverages containing fruit juice and milk beverages containing coffee; milk powder; milk powder for nutritional purposes; powdered milk for food purposes; functional foods, namely, dairy-based food beverages, fruit-based food beverages, vegetable-based food beverages, dairy-based chocolate food beverages, soy-based food beverage used as a milk substitute, vegetable-based chocolate food beverages, nut-based food beverages, milk, milk beverages containing fruits, milk beverages with high milk content, milk based beverages containing fruit juice, and milk beverages containing coffee; soy protein for use as a food additive
Goods and ServicesHerbal food beverages; processed herbs; organic foods, namely, chocolate, dairy-free chocolate, reduced fat chocolate, reduced calorie chocolate, cocoa, chocolate chips, chocolate fondue, chocolate toppings, reduced fat candy, bakery products, namely, cookies, cakes, pies and muffins, crackers, biscuits, ready-to-eat cereal-derived food bars, pretzels, chewing gum, frozen yogurt, frozen custard, fruit ices, pancake, waffle and bread mixes, salad dressing, pasta and pasta mixes, rice, cornmeal and wheat based snack foods; food beverages, namely, chocolate food beverages not being dairy-based or vegetable based, herbal food beverages, and grain-based food beverages; functional foods, namely, chocolate, dairy-free chocolate, reduced fat chocolate, reduced calorie chocolate, cocoa, chocolate chips, chocolate fondue, chocolate toppings, reduced fat candy, bakery products, namely, cookies, cakes, pies and muffins, crackers, biscuits, ready-to-eat cereal-derived food bars, pretzels, chewing gum, frozen yogurt, frozen custard, fruit ices, pancake, waffle and bread mixes, salad dressing, pasta and packaged meal mixes consisting primarily of pasta, rice, cornmeal and wheat based snack foods, bread, breakfast cereals; functional beverages, namely, grain based food beverages containing oats or oat extracts, herbal food beverages; food beverages, namely, chocolate food beverages not being dairy-based or vegetable based, herbal food beverages, and grain-based food beverages; food flavorings; herbal extracts and blends for use in functional foods or beverages; botanical extracts and blends for use in functional foods or beverages; herbal infusions; omega and fish oil extracts used as flavorings; processed wheat bran; rice bran for human consumption; wheat bran and rice bran based snack foods
Goods and ServicesOrganic beverages, namely, fruit drinks, soft drinks, drinking water and fruit and vegetable juices; functional beverages, namely, fruit drinks, soft drinks, drinking water and fruit and vegetable juices
Pseudo MarkBREATHE WELL

Classification Information


International Class001 - 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 Codes001, 005, 006, 010, 026, 046
Class Status Code6 - Active
Class Status DateMonday, March 23, 2009
Primary Code001
First Use Anywhere DateNOT AVAILABLE
First Use In Commerce DateNOT AVAILABLE

International Class005 - 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 Codes006, 018, 044, 046, 051, 052
Class Status Code6 - Active
Class Status DateMonday, July 14, 2008
Primary Code005
First Use Anywhere DateNOT AVAILABLE
First Use In Commerce DateNOT AVAILABLE

International Class029 - 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 Codes046
Class Status Code6 - Active
Class Status DateMonday, March 23, 2009
Primary Code029
First Use Anywhere DateNOT AVAILABLE
First Use In Commerce DateNOT AVAILABLE

International Class030 - 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 Codes046
Class Status Code6 - Active
Class Status DateMonday, March 23, 2009
Primary Code030
First Use Anywhere DateNOT AVAILABLE
First Use In Commerce DateNOT AVAILABLE

International Class032 - Beers; mineral and aerated waters and other nonalcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.
US Class Codes045, 046, 048
Class Status Code6 - Active
Class Status DateMonday, March 23, 2009
Primary Code032
First Use Anywhere DateNOT AVAILABLE
First Use In Commerce DateNOT AVAILABLE

Trademark Owner History


Party NameHerbalScience Group, LLC
Party Type20 - Owner at Publication
Legal Entity Type16 - Limited Liability Company
AddressNaples, FL 34110

Party NameHerbalScience Group, LLC
Party Type10 - Original Applicant
Legal Entity Type16 - Limited Liability Company
AddressNaples, FL 34110

Trademark Events


Event DateEvent Description
Monday, August 23, 2010ABANDONMENT NOTICE MAILED - NO USE STATEMENT FILED
Monday, August 23, 2010ABANDONMENT - NO USE STATEMENT FILED
Tuesday, January 19, 2010NOA MAILED - SOU REQUIRED FROM APPLICANT
Friday, December 4, 2009EXTENSION OF TIME TO OPPOSE PROCESS - TERMINATED
Friday, August 14, 2009EXTENSION OF TIME TO OPPOSE RECEIVED
Tuesday, July 21, 2009PUBLISHED FOR OPPOSITION
Wednesday, July 1, 2009NOTICE OF PUBLICATION
Thursday, June 18, 2009LAW OFFICE PUBLICATION REVIEW COMPLETED
Wednesday, June 17, 2009ASSIGNED TO LIE
Monday, June 15, 2009APPROVED FOR PUB - PRINCIPAL REGISTER
Monday, June 15, 2009EXAMINER'S AMENDMENT ENTERED
Monday, June 15, 2009NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED
Monday, June 15, 2009EXAMINERS AMENDMENT E-MAILED
Monday, June 15, 2009EXAMINERS AMENDMENT -WRITTEN
Monday, June 15, 2009PREVIOUS ALLOWANCE COUNT WITHDRAWN
Monday, June 8, 2009WITHDRAWN FROM PUB - OG REVIEW QUERY
Friday, May 22, 2009LAW OFFICE PUBLICATION REVIEW COMPLETED
Monday, May 18, 2009APPROVED FOR PUB - PRINCIPAL REGISTER
Monday, May 18, 2009TEAS/EMAIL CORRESPONDENCE ENTERED
Monday, May 18, 2009CORRESPONDENCE RECEIVED IN LAW OFFICE
Friday, May 15, 2009TEAS RESPONSE TO OFFICE ACTION RECEIVED
Monday, May 11, 2009NOTIFICATION OF NON-FINAL ACTION E-MAILED
Monday, May 11, 2009NON-FINAL ACTION E-MAILED
Monday, May 11, 2009NON-FINAL ACTION WRITTEN
Thursday, May 7, 2009PREVIOUS ALLOWANCE WITHDRAWN-TIMELY AAU
Friday, April 17, 2009WITHDRAWN FROM PUB - OG REVIEW QUERY
Wednesday, April 8, 2009LAW OFFICE PUBLICATION REVIEW COMPLETED
Wednesday, April 1, 2009APPROVED FOR PUB - PRINCIPAL REGISTER
Wednesday, April 1, 2009TEAS/EMAIL CORRESPONDENCE ENTERED
Wednesday, April 1, 2009CORRESPONDENCE RECEIVED IN LAW OFFICE
Monday, March 30, 2009TEAS REQUEST FOR RECONSIDERATION RECEIVED
Friday, March 27, 2009NOTIFICATION OF FINAL REFUSAL EMAILED
Friday, March 27, 2009FINAL REFUSAL E-MAILED
Friday, March 27, 2009FINAL REFUSAL WRITTEN
Monday, March 23, 2009TEAS/EMAIL CORRESPONDENCE ENTERED
Monday, March 23, 2009CORRESPONDENCE RECEIVED IN LAW OFFICE
Monday, March 23, 2009ASSIGNED TO LIE
Friday, March 20, 2009TEAS RESPONSE TO OFFICE ACTION RECEIVED
Wednesday, October 22, 2008NOTIFICATION OF NON-FINAL ACTION E-MAILED
Wednesday, October 22, 2008NON-FINAL ACTION E-MAILED
Wednesday, October 22, 2008NON-FINAL ACTION WRITTEN
Thursday, October 16, 2008ASSIGNED TO EXAMINER
Tuesday, July 15, 2008NOTICE OF PSEUDO MARK MAILED
Monday, July 14, 2008NEW APPLICATION ENTERED IN TRAM