| Serial Number | 79238299 |
| Word Mark | K2VITAL PUTS CALCIUM IN BALANCE |
| Filing Date | Thursday, May 24, 2018 |
| Status | 709 - CANCELLED - SECTION 71 |
| Status Date | Friday, January 9, 2026 |
| Registration Number | 5784225 |
| Registration Date | Tuesday, June 25, 2019 |
| Mark Drawing | 5 - Drawing with word(s) / letter(s) / number(s) in Stylized form |
| Published for Opposition Date | Tuesday, April 9, 2019 |
| Description of Mark | The mark consists of the wording "K2VITAL" in dark green and light green, above the wording "PUTS CALCIUM IN BALANCE" in dark green. The color white merely represents transparent background and is not claimed as a feature of the mark. |
| Pseudo Mark | K TWO VITAL PUTS CALCIUM IN BALANCE |
| Goods and Services | Powdered fruit-based beverages enriched with Vitamin K2 or Provitamin K2; powders for isotonic sports beverages enriched with Vitamin K2 or Provitamin K2; powders and tablets for fruit-based effervescing beverages enriched with Vitamin K2 or Provitamin K2 |
| Goods and Services | pharmaceutical preparations enriched with Vitamin K2 or Provitamin K2 for the treatment of energy metabolism related health conditions, bone health, tooth health, cardio-vascular disease, inflammation, prostate health, cancer, digestive health; chemical compounds for medical or pharmaceutical purposes enriched with Vitamin K2 or Provitamin K2 for the treatment of energy metabolism related health conditions, bone health, tooth health, cardio-vascular disease, inflammation, prostate health, cancer, digestive health; health care preparations enriched with Vitamin K2 or Provitamin K2 for the treatment of energy metabolism related health conditions, bone health, tooth health, cardio-vascular disease, inflammation, prostate health, cancer, digestive health; dietetic preparations enriched with Vitamin K2 or Provitamin K2 adapted for medical use for the treatment of energy metabolism related health conditions, bone health, tooth health, cardio-vascular disease, inflammation, prostate health, cancer, digestive health; food supplements enriched with Vitamin K2 or Provitamin K2 not adapted for medical use with a base of vitamins, minerals, trace elements, amino acids; vitamin preparations enriched with Vitamin K2 or Provitamin K2 in the form of granulates, powders, emulations, dragees, capsules, juices, sweetmeats, drops; dietary supplements enriched with Vitamin K2 or Provitamin K2, not for medical purposes, based on proteins and/or fats with added vitamins and/or fatty acids; dietary supplements enriched with Vitamin K2 or Provitamin K2, not for medical purposes, based on carbohydrates and/or soya products with added vitamins |
| Goods and Services | dietetic foodstuffs, enriched with Vitamin K2 or Provitamin K2 namely, eggs, processed meat, margarine, dairy products namely butter, milk and processed milk, dairy-based spreads, almond milk, oat milk, not for medical purposes, based on proteins and/or fats with added vitamins and/or fatty acids, included in class 29 |
| Goods and Services | dietetic foodstuffs, enriched with Vitamin K2 or Provitamin K2 namely, breakfast cereals, chocolate-based spreads, soft gummy candies, sweets not for medical purposes, based on carbohydrates and/or soya products with added vitamins, included in class 30 |
| Indication of Colors claimed | The color(s) dark green and light green is/are claimed as a feature of the mark. |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, January 9, 2026 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, January 9, 2026 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, January 9, 2026 |
| 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 | F - NOT AVAILABLE |
| Class Status Date | Friday, January 9, 2026 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Kappa Bioscience AS |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | NO |
| Party Name | Kappa Bioscience AS |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | NO |
| Party Name | Kappa Bioscience AS |
| Party Type | 11 - New Owner Before Publication |
| Legal Entity Type | 99 - Other |
| Address | NO |
| Party Name | Kappa Ingredients GmbH |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | DE |
| Event Date | Event Description |
| Thursday, August 9, 2018 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Monday, August 13, 2018 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, August 17, 2018 | APPLICATION FILING RECEIPT MAILED |
| Friday, September 14, 2018 | ASSIGNED TO EXAMINER |
| Monday, September 17, 2018 | NON-FINAL ACTION WRITTEN |
| Tuesday, September 18, 2018 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Thursday, September 20, 2018 | REFUSAL PROCESSED BY MPU |
| Friday, September 21, 2018 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Saturday, October 13, 2018 | REFUSAL PROCESSED BY IB |
| Monday, October 29, 2018 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, October 29, 2018 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, October 29, 2018 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, November 8, 2018 | CHANGE OF OWNER RECEIVED FROM IB |
| Tuesday, November 20, 2018 | FINAL REFUSAL WRITTEN |
| Tuesday, November 20, 2018 | FINAL REFUSAL E-MAILED |
| Tuesday, November 20, 2018 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Tuesday, February 5, 2019 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Tuesday, February 5, 2019 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, February 5, 2019 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, February 12, 2019 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Friday, March 1, 2019 | ASSIGNED TO LIE |
| Wednesday, March 20, 2019 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, April 9, 2019 | PUBLISHED FOR OPPOSITION |
| Tuesday, April 9, 2019 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, June 25, 2019 | REGISTERED-PRINCIPAL REGISTER |
| Wednesday, September 25, 2019 | FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB |
| Friday, September 27, 2019 | FINAL DISPOSITION PROCESSED |
| Saturday, September 28, 2019 | FINAL DISPOSITION NOTICE SENT TO IB |
| Friday, October 18, 2019 | FINAL DECISION TRANSACTION PROCESSED BY IB |
| Tuesday, June 25, 2024 | COURTESY REMINDER - SEC. 71 (6-YR) E-MAILED |
| Friday, January 9, 2026 | CANCELLED SECTION 71 |