| Serial Number | 79425851 |
| Word Mark | NE NUTRIELEMENT |
| Filing Date | Wednesday, October 23, 2024 |
| Status | 661 - RESPONSE AFTER NON-FINAL ACTION - ENTERED |
| Status Date | Friday, April 10, 2026 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | NOT AVAILABLE |
| Goods and Services | Flavorings for beverages other than essential oils; milk-based gruel for food, namely, porridge and congee; seaweed used as condiments; preparations made from breakfast cereals, namely, cereal powder, cereal flakes, cereal bars, and cereal mixtures; edible ices; pasta; seasonings in the nature of aromatic preparations for food; seasonings, namely, powders for seasoning, preserved herbs for seasoning; rusks; cookies; cocoa, coffee and chocolate based beverages; candy; buns; cocoa; coffee; chocolate; condiments, namely, oyster sauce, ketchup, and mustard; confectionery made of sugar; crackers; ice cream; edible confectionery decorations for cakes; spices; flour-based snack foods; dried breakfast cereal flakes; cakes; dry cookies; glucose for culinary purposes; royal jelly for food purposes; bee glue in the nature of propolis for human consumption; sushi; chewing gum not for medical use; non-medicinal tea and herbal infusions; popped popcorn; honey; mustard; muesli; bread; gingerbread; fruit jelly candy; pastry; petits fours; cooked rice; sandwiches; sauces; cooking salt; sherbets; sugar; sugar confectionery; tea; vinegar; frozen yogurt; prepared entrées consisting primarily of pasta, rice, cereals, coffee, cocoa and spices; food preparations based on pasta, rice, cereals, coffee, cocoa or spices, namely, rice dumplings; food preparations, namely, pasta, rice, cereals, coffee, cocoa and spices in the form of powders and capsules; preserved garden herbs as seasonings; chocolate-based spreads |
| Goods and Services | Meat; fish; poultry; game; meat extracts for culinary purposes; preserved, deep-frozen, dried and cooked fruit and vegetables; jellies and jams; compotes; eggs; milk; milk products excluding ice cream, ice milk and frozen yogurt; edible oils and fats; processed almonds; peanut butter; prepared peanuts; butter; milk beverages with milk predominating, namely, milk based energy drinks; broth; caviar; charcuterie; candied fruit; shellfish, not live; fish, meat, fruit, vegetables, soy and oil seed based croquettes; crustaceans, not live; cheese; fat containing mixtures for bread slices, namely, nut-based spreads; thick soups; preparations for making thick soups; salted meats; jellies for food, other than confectionery; vegetable juices for cooking; pollen prepared as foodstuff; tofu; vegetable salads; marmalade; edible mollusks, not live; potato chips; thick soups; fruit salads; fruit slices; yogurt, vegetable fats for food; protein used as a food additive, namely, unformed textured vegetable protein used as a meat extender; seaweed extracts for food; oils for food; chips, namely, cassava chips, fruit chips, potato chips, and tortilla chips |
| Goods and Services | Non-alcoholic beverages, namely, soft drinks; alcohol-free aperitifs; alcohol-free beers; preparations for making non-alcoholic carbonated beverages; preparations for making non-alcoholic fruit juice beverages; preparations for making non-alcoholic fruit-flavored beverages; syrups for making non-alcoholic soft drinks, fruit juice beverages, fruit flavored beverages, and whey based beverages; whey-based beverages; isotonic beverages; alcohol-free cocktails; waters beverages; table waters; aerated waters; mineral waters; non-alcoholic fruit flavored beverages; non-alcoholic fruit based beverages; alcohol-free fruit extracts used in the preparation of beverages; fruit juices; vegetable juices; soda water; sherbet beverages; pastilles and powders for effervescing non-alcoholic beverages, namely, fruit and vegetable juices, water-based beverages and whey-based beverages; preparations for making non-alcoholic beverages, namely, fruit and vegetable juices, water-based beverages and whey-based beverages |
| Goods and Services | Dietetic foods adapted for medical use in the nature of powders, capsules or liquids; dietetic foods and beverages adapted for medical use; nutritional supplements for medical use in the nature of powders, capsules or liquids; dietetic preparations for medical use, namely preparations of trace elements for human consumption, biological preparations for medical use, tonics, sugar for medical use, mineral food nutritional supplements for pharmaceutical use in the form of powders, capsules or liquids; instant mineral supplements in the nature of beverages for pharmaceutical use; vitamin and mineral preparations for medical use; pharmaceuticals preparations for the treatment of viral, metabolic, endocrine, musculoskeletal, cardiovascular, cardiopulmonary, genitourinary, sexual dysfunction, oncological, hepatological, ophthalmic, respiratory, neurological, gastrointestinal, hormonal, dermatological, psychiatric and immune system related diseases and disorders; sanitary preparations for medical use; sanitary preparations for medical use in the nature of intimate hygiene; air purifying preparations; medical preparations for slimming purposes; sunscreen products, namely, medicated sunburn ointments; therapeutic medicated bath preparations; medicated candy; products for oral care for medical use, namely, medicated mouth washes; deodorizing products, namely, all-purpose deodorizer preparations for household, commercial and industrial use; mineral waters for medical purposes; medicinal infusions for treating sleep disorders, stress-related disorders and digestive disorders; smelling salts for medical use; pharmaceuticals preparations for skin care; health food supplements based on meat, fish, poultry, fruit, vegetables, eggs, milk, dairy products in the nature of powders or capsules, the aforementioned not for medical use; protein supplements for use as additives to foodstuffs intended for human consumption, namely, whey protein food supplements |
| Pseudo Mark | NUTRIMUSCLE EUROPE NUTRIELEMENT |
| Indication of Colors claimed | The colors black, white, and green are claimed as a feature of the mark. |
| Description of Mark | The mark consists of the letters NE inside a shaded box. The shaded box appears to the left of the stylized word NUTRIELEMENT. The color white appears as the shading on the letters NE. The color green appears as the shading in the box. The color black appears in the text of the wording NUTRIELEMENT. |
| 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 | 005, 006, 018, 044, 046, 051, 052 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, June 12, 2025 |
| 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 | Thursday, June 12, 2025 |
| 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 | 6 - Active |
| Class Status Date | Thursday, June 12, 2025 |
| 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 | 6 - Active |
| Class Status Date | Thursday, June 12, 2025 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | N LAB |
| Party Type | 11 - New Owner Before Publication |
| Legal Entity Type | 34 - NOT AVAILABLE |
| Address | FR |
| Party Name | Nutrimuscle Europe |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 34 - NOT AVAILABLE |
| Address | FR |
| Event Date | Event Description |
| Thursday, June 12, 2025 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Friday, June 13, 2025 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, June 13, 2025 | APPLICATION FILING RECEIPT MAILED |
| Saturday, June 14, 2025 | ASSIGNED TO EXAMINER |
| Wednesday, September 3, 2025 | NON-FINAL ACTION WRITTEN |
| Thursday, September 4, 2025 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Monday, October 20, 2025 | REFUSAL PROCESSED BY MPU |
| Monday, October 20, 2025 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Friday, November 7, 2025 | REFUSAL PROCESSED BY IB |
| Thursday, February 26, 2026 | CHANGE OF NAME/ADDRESS REC'D FROM IB |
| Friday, April 10, 2026 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, April 10, 2026 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, April 10, 2026 | TEAS/EMAIL CORRESPONDENCE ENTERED |