| Serial Number | 85318921 |
| Word Mark | NESTLÉ HEALTH SCIENCE |
| Filing Date | Thursday, May 12, 2011 |
| Status | 710 - CANCELLED - SECTION 8 |
| Status Date | Friday, August 2, 2019 |
| Registration Number | 4266508 |
| Registration Date | Tuesday, January 1, 2013 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, October 16, 2012 |
| Indication of Colors claimed | The color(s) grey and blue is/are claimed as a feature of the mark. |
| Description of Mark | The mark consists of the words "NESTLÉHEALTHSCIENCE" to the right of a series of five pentagon shapes of varying sizes, some overlapping, with the first four pentagon shapes from the left in the color grey, and the last pentagon shape on the upper right in the color blue. The words are combined to create a single term. The term "NESTLÉ" is gray, the term "HEALTH" is blue and the term "SCIENCE" is gray. |
| Goods and Services | Sanitary preparations for medical purposes; dietetic foods and substances, namely, liquid nutritive preparations for oral or tube feeding, nutritional supplements, nutritionally fortified beverages, nutritional drinks and drink mixes for use as a meal replacement, all adapted for medical and clinical use; formulated milk, food and food substances for babies, namely, food for babies, infant formula; food and food substances, namely, liquid nutritive preparations for oral or tube feeding, nutritional supplements, nutritionally fortified beverages, nutritional drinks and drink mixes for use as a meal replacement, for children and invalids adapted for medical use; foods and food substances, namely, nutritional supplements, nutritionally fortified beverages, nutritional drinks and drink mixes for use as a meal replacement, for pregnant and nursing mothers adapted for medical use; nutritional and dietary supplements adapted for medical use; vitamin preparations; mineral food preparations for medical use; medicated confectionery |
| Goods and Services | Surgical and medical apparatus and instruments, namely, enteral feeding tubes, enteral delivery devices, connectable port fitments sold as a primary component of a feeding container and enteral nutrition feeding pumps |
| Goods and Services | Publications, namely, magazines, journals, periodicals, printed matter in the nature of written articles, instructional or teaching material all in the field of health, food and nutrition |
| Goods and Services | Preserved, frozen, dried or cooked vegetables and potatoes; preserved, frozen, dried or cooked fruits; preserved, frozen, dried or cooked mushrooms; meat, poultry, game, fish and seafood, all these products also in the form of extracts, soups, jellies, pastes, preserves, ready-made dishes, frozen or dehydrated; jams; eggs; milk, cream, butter, cheese and other food preparations having a base of milk, namely, dairy products excluding ice cream, ice milk and frozen yogurt; milk substitutes, namely, rice milk for use as a milk substitute, soy milk for use as a milk substitute; milk-based beverages; yoghurts; soya milk, preserved soya beans for human consumption; edible oils and fats; protein preparations for human food, namely, protein for use as a food additive; whiteners for coffee and tea consisting principally of dairy products; sausages; charcuterie; peanut butter; soups, soup concentrates, broth, stock cubes, bouillon, consommés |
| Goods and Services | Coffee, coffee extracts, coffee-based preparations for making non-alcoholic coffee-based beverages and beverages; iced coffee; artificial coffee, artificial coffee extracts, preparations and beverages made with artificial coffee, namely, coffee-based beverages; chicory for use as a coffee substitute; tea, tea extracts, preparations and beverages made with tea, namely, tea-based beverages; iced tea; malt-based preparations for human consumption, namely, malt extracts used for flavoring and malt for food purposes; cocoa and cocoa-based preparations, namely, cocoa-based condiments and seasonings for food and drink and cocoa-based beverages; chocolate, chocolate products, namely, chocolate candies; chocolate-based preparations, namely, chocolate-based beverage mixes in powder or liquid concentrate form, and beverages, namely, hot chocolate; chocolate based beverages with milk; confectionery, namely, candies, sugar confectionery, sweets; sugar; chewing gum not for medical purposes; natural sweeteners; bakery goods, bread, yeast, pastries; biscuits, cakes, cookies, wafers, toffees, puddings; edible ices, water ices, sorbets, ice confectioneries, iced cakes, ice-creams, frozen yoghurts, water ices, sorbets, shaved ice confectioneries, iced cakes, ice cream desserts, and frozen yoghurts; honey and honey substitutes; breakfast cereals, muesli, corn flakes; cereal bars, namely, cereal based energy bars, ready-to-eat cereals; cereal preparations, namely, processed cereals; rice, pasta, noodles; foodstuffs made with rice, flour or cereals, also in the form of cooked dishes; pizzas; sandwiches; pastas; ready-to-bake cake dough preparations, namely, cake mixes; sauces, soya sauce; ketchup; products for flavoring or seasoning foodstuffs, namely, food seasonings; edible spices, dressings for salads, mayonnaise; mustard; vinegar |
| Goods and Services | Still water, effervescent water or carbonated water, processed water, spring water, mineral water, flavored water; fruit-flavored and fruit-based beverages, fruit and vegetable juices, fruit nectars, lemonade, sodas; syrups, fruit extracts and essences and other preparations for making non-alcoholic beverages; soya-based beverages not being milk substitutes; non alcoholic malt-based beverages; isotonic beverages |
| Goods and Services | Staff training, organization of courses, seminars, conferences, educational exhibitions all in the fields of health, food and nutrition; publication and production of books, pamphlets, newspapers, films and audio recordings; nutritional education, namely, conducting classes, courses, seminars, conferences, and educational exhibitions all in the fields of health, food and nutrition; educational services, namely, conducting classes, courses, seminars, conferences, and educational exhibitions related to nutrition, food, dietetics and suggestions for a healthy diet and distribution of printed materials in connection therewith; fitness clinics, namely, providing fitness, weight-loss in the nature of personal training provided in connection with weight loss and exercise programs, and exercise facilities |
| Goods and Services | Scientific research and development in the field of nutrition, dietetics and weight loss |
| Goods and Services | Consulting services for health, food and nutrition; medical services and provision of information in the medical field; dietary advices in the field of nutrition in general; planning and supervision of weight-loss programs, namely, weight reduction diet planning and supervision; providing information on, consulting services and advice in the medical field, psychological assessment, nutritional behavior and physical activity alteration, namely, physical therapy; sanatorium services; rest homes; medical clinics; nursing and medical services |
| 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 | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, August 2, 2019 |
| Primary Code | 005 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 010 - Surgical, medical, dental, and veterinary apparatus and instruments, artificial limbs, eyes, and teeth; orthopedic articles; suture materials. |
| US Class Codes | 026, 039, 044 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, August 2, 2019 |
| Primary Code | 010 |
| 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 | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, August 2, 2019 |
| Primary Code | 016 |
| 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 | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, August 2, 2019 |
| 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 | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, August 2, 2019 |
| 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 | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, August 2, 2019 |
| Primary Code | 032 |
| 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 | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, August 2, 2019 |
| Primary Code | 041 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 042 - Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software. |
| US Class Codes | 100, 101 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, August 2, 2019 |
| Primary Code | 042 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 044 - Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. |
| US Class Codes | 100, 101 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, August 2, 2019 |
| Primary Code | 044 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Société des Produits Nestlé S.A. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | 1800 VEVEY CH |
| Party Name | Société des Produits Nestlé S.A. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | 1800 VEVEY CH |
| Party Name | Société des Produits Nestlé S.A. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | 1800 VEVEY CH |
| Event Date | Event Description |
| Friday, August 2, 2019 | CANCELLED SEC. 8 (6-YR) |
| Monday, January 1, 2018 | COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED |
| Tuesday, November 8, 2016 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Tuesday, November 8, 2016 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Tuesday, January 1, 2013 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, October 16, 2012 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, October 16, 2012 | PUBLISHED FOR OPPOSITION |
| Wednesday, September 26, 2012 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, September 12, 2012 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Wednesday, September 12, 2012 | ASSIGNED TO LIE |
| Saturday, September 1, 2012 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Thursday, August 23, 2012 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, August 23, 2012 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, August 23, 2012 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Saturday, July 28, 2012 | NOTIFICATION OF SUBSEQUENT FINAL EMAILED |
| Saturday, July 28, 2012 | CONTINUATION OF FINAL REFUSAL E-MAILED |
| Saturday, July 28, 2012 | ACTION CONTINUING A FINAL - COMPLETED |
| Friday, July 6, 2012 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, July 5, 2012 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, July 5, 2012 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Friday, January 13, 2012 | NOTIFICATION OF SUBSEQUENT FINAL EMAILED |
| Friday, January 13, 2012 | SUBSEQUENT FINAL EMAILED |
| Friday, January 13, 2012 | SUBSEQUENT FINAL REFUSAL WRITTEN |
| Friday, January 13, 2012 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Friday, January 13, 2012 | FINAL REFUSAL E-MAILED |
| Friday, January 13, 2012 | FINAL REFUSAL WRITTEN |
| Monday, December 12, 2011 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, December 12, 2011 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, December 12, 2011 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Sunday, June 12, 2011 | NOTIFICATION OF EXAMINER'S AMENDMENT/PRIORITY ACTION E-MAILED |
| Sunday, June 12, 2011 | EXAMINER'S AMENDMENT/PRIORITY ACTION E-MAILED |
| Sunday, June 12, 2011 | EXAMINERS AMENDMENT AND/OR PRIORITY ACTION - COMPLETED |
| Friday, June 3, 2011 | ASSIGNED TO EXAMINER |
| Wednesday, May 18, 2011 | NOTICE OF DESIGN SEARCH CODE MAILED |
| Tuesday, May 17, 2011 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Monday, May 16, 2011 | NEW APPLICATION ENTERED IN TRAM |