| Serial Number | 77519256 |
| Word Mark | ENERGY ULTRAPOWER |
| Filing Date | Thursday, July 10, 2008 |
| Status | 604 - ABANDONED - AFTER INTER-PARTES DECISION |
| Status Date | Thursday, May 13, 2010 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 4000 - Illustration: Drawing with word(s) / letter(s) / number(s) in Block form |
| Published for Opposition Date | Tuesday, June 2, 2009 |
| Disclaimer with Predetermined Text | "ENERGY" |
| Goods and Services | Botanical extracts for use in the manufacture of nutraceuticals; extracts for use in the manufacture of pharmaceutical preparations in the form of 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 pharmaceuticals; chemical extracts extracted from medicinal plants for use in the manufacture of nutraceuticals and pharmaceuticals; chemical extracts, namely, chemical agents made from botanical extracts or association of chemical extracts for use in the manufacture of pharmaceutical or nutraceutical products; botanical extracts used in the manufacture of preparations in the form of lotions, creams, and topical analgesics and anesthetics, tablets, capsules, pills, lozenges, inhalers, tincture, suppositories and ampule for injection; botanicals and botanical blends, herbs 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; herbal extracts and blends for use in manufacturing functional foods or beverages; herbal extracts and blends for use in manufacturing medicinal foods or beverages; botanical extracts and blends for use in manufacturing functional foods or beverages; botanical extracts and blends for use in manufacturing medicinal foods or beverages; herbal preparations and extracts for use as ingredients in manufacturing in the food, nutrition, nutraceutical and/or pharmaceutical industries |
| Goods and Services | Herbal products, namely, aromatherapy packs filled with herbs for use in aromatherapy; pre-moistened non-medicated personal hygiene wipes, namely, herpes relief wipes; herbal and botanical extracts for cosmetic use; algal extracts or algal extract blends for cosmetic use; essential oils; fragrances; fragrances for personal use; food flavorings prepared from essential oils |
| Goods and Services | Nutritional supplements; herbal products, namely, medicated skin and lip balms; herbal products, namely, ointments, oils, drinks, infusions, syrups, herbal extracts, poisons, and tinctures for medical use in the treatment of strokes, infarcts and other cardiovascular and cerebrum diseases; herbal products, namely, ointments, 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 or in a nutraceutical; infusions and 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, pharmaceutical, nutraceutical and nutritional purposes; medicinal extracts used in preparations in the form of lotions, creams, and topical analgesics and anesthetics, tablets, capsules, pills, lozenges, inhalers, tincture, suppositories and ampule for injection; medicinal extracts in the form of lotions, creams, and topical analgesics and anesthetics, tablets, capsules, pills, tincture, suppositories and ampule for injection; medicinal herbal extracts in the form of lotions, creams, and topical analgesics and anesthetics, tablets, capsules, pills, tincture, suppositories and ampule for injection; medicinal botanical extracts 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, cancer and related conditions; yeast extracts for medical, pharmaceutical 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 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; botanical extracts for nutritional supplements, nutraceuticals and pharmaceuticals; nutritional dietary supplements; oral preparations containing herbs or herbal extracts used to maintain health and for a wide variety of physical conditions; vitamin and mineral preparations intended for use as dietary supplements; vitamins; food supplements; nutraceuticals, namely, vitamins and food supplements; food for medically restricted diets; supplements, namely, lipid concentrates for use as a dietary food supplement or for pharmaceutical or medicinal purposes; food supplements, namely, anti-oxidants; 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; 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; 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" or "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; 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; functional foods, namely, dietetic foods adapted for medical purposes; 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; herbal extracts for medical, veterinary and pharmaceutical purposes; designer extracts, namely, plant, herbal and botanical extracts for medical, veterinary and pharmaceutical purposes; and biodefense products, namely, medicinal preparations for the treatment of infectious diseases and adverse human health conditions, namely, infection, degenerative, muscular, pulmonary, skeletal, endocrine, immune, neurological, cardiovascular, metabolic, inflammatory, cancer and related conditions; mushroom, fungus, or spore extracts or blends as supplements, nutrition, nutraceuticals and/or pharmaceuticals; botanical extracts for nutritional use; nutritionally fortified beverages; nutritionally fortified beverages for immune enhancement, and nutritionally fortified beverages with rice bran and wheat bran; medicinal beverages; soy protein for use as a nutritional supplement; nutritional additives for medical or nonmedical purposes for use in manufacturing foods and dietary supplements for human consumption; active principles extracted from medicinal plants for use in the manufacture of nutraceuticals and pharmaceuticals; active principles extracted from medicinal plants for use in the manufacture of pharmaceutical or nutraceutical products |
| Goods and Services | Beverages, namely, yogurt-based beverages; 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; 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; edible oils, namely, omega oil extracts and fish oil extracts; soy protein for use as a food additive; mushroom, fungus, or spore extracts or blends thereof for use as food additives |
| Goods and Services | Herbal food beverages; beverages, namely, grain-based beverages and grain-based 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, cakes and pies, crackers, biscuits, ready-to-eat cereal-derived food bars, pretzels, chewing gum, frozen yogurt, frozen custard, fruit ices, pancake and waffle 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, 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, cakes and pies, crackers, biscuits, ready-to-eat cereal-derived food bars, pretzels, chewing gum, frozen yogurt, frozen custard, fruit ices, pancake and waffle mixes, salad dressing, pasta and pasta mixes, rice, cornmeal and wheat based snack foods; breakfast cereals; functional beverages, namely, grain based food beverages containing oats or oat extracts, herbal food beverages; food flavorings; and wheat bran-based snacks and snack foods, rice bran-based snacks and snack foods; processed wheat and rice bran |
| Goods and Services | Organic beverages, namely, fruit drinks, fruit-flavored beverages, vegetable-flavored beverages, soft drinks, drinking water, fruit juices and vegetable juices; functional beverages, namely, fruit drinks, fruit-flavored beverages, vegetable-flavored beverages, soft drinks, drinking water and fruit juices and vegetable juices |
| Pseudo Mark | ENERGY ULTRA POWER |
| 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 | 8 - Abandoned |
| Class Status Date | Thursday, May 13, 2010 |
| 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 | 8 - Abandoned |
| Class Status Date | Thursday, May 13, 2010 |
| 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 | 8 - Abandoned |
| Class Status Date | Thursday, May 13, 2010 |
| 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 | 8 - Abandoned |
| Class Status Date | Thursday, May 13, 2010 |
| 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 | 8 - Abandoned |
| Class Status Date | Thursday, May 13, 2010 |
| Primary Code | 030 |
| 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 | 8 - Abandoned |
| Class Status Date | Thursday, May 13, 2010 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | HerbalScience Group, LLC |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Naples, FL 34110 |
| Party Name | HerbalScience Group, LLC |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Naples, FL 34110 |
| Event Date | Event Description |
| Thursday, May 13, 2010 | ABANDONMENT NOTICE MAILED - INTER PARTES DECISION |
| Thursday, May 13, 2010 | ABANDONMENT - AFTER INTER PARTES DECISION |
| Thursday, May 13, 2010 | OPPOSITION TERMINATED NO. 999999 |
| Thursday, May 13, 2010 | OPPOSITION DISMISSED NO. 999999 |
| Wednesday, June 3, 2009 | OPPOSITION INSTITUTED NO. 999999 |
| Wednesday, June 3, 2009 | OPPOSITION PAPERS RECEIVED AT TTAB |
| Tuesday, June 2, 2009 | PUBLISHED FOR OPPOSITION |
| Wednesday, May 13, 2009 | NOTICE OF PUBLICATION |
| Monday, March 23, 2009 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
| Wednesday, March 11, 2009 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Tuesday, March 10, 2009 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Thursday, March 5, 2009 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, March 5, 2009 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, March 4, 2009 | ASSIGNED TO LIE |
| Tuesday, March 3, 2009 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, September 4, 2008 | NOTIFICATION OF EXAMINER'S AMENDMENT/PRIORITY ACTION E-MAILED |
| Thursday, September 4, 2008 | EXAMINER'S AMENDMENT/PRIORITY ACTION E-MAILED |
| Thursday, September 4, 2008 | EXAMINERS AMENDMENT AND/OR PRIORITY ACTION - COMPLETED |
| Wednesday, August 20, 2008 | ASSIGNED TO EXAMINER |
| Tuesday, July 15, 2008 | NOTICE OF PSEUDO MARK MAILED |
| Monday, July 14, 2008 | NEW APPLICATION ENTERED IN TRAM |