| Serial Number | 98502228 |
| Word Mark | VITAWHEY |
| Filing Date | Tuesday, April 16, 2024 |
| Status | 760 - EX PARTE APPEAL PENDING |
| Status Date | Tuesday, December 24, 2024 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 5 - Drawing with word(s) / letter(s) / number(s) in Stylized form |
| Published for Opposition Date | NOT AVAILABLE |
| Description of Mark | The mark consists of the literal element VITAWHEY with VITA in white with a brown outlining and WHEY in brown with grey outlining. |
| Goods and Services | Dietary and nutritional supplements; Dietary and nutritional supplements for muscle growth, increasing endurance, muscle repair, and acceleration of recovery; Dietary and nutritional supplements for endurance sports; Powdered nutritional supplement drink mix containing whey protein concentrate; all of the aforementioned principally comprised of whey protein |
| Indication of Colors claimed | The color(s) white, brown and grey 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 | 005, 006, 018, 044, 046, 051, 052 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, April 16, 2024 |
| Primary Code | 005 |
| First Use Anywhere Date | Monday, April 1, 2024 |
| First Use In Commerce Date | Monday, April 1, 2024 |
| Party Name | EVLUTION NUTRITION, LLC |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | COCONUT CREEK, NJ 33073 |
| Event Date | Event Description |
| Tuesday, April 16, 2024 | NEW APPLICATION ENTERED |
| Thursday, August 15, 2024 | ASSIGNED TO EXAMINER |
| Thursday, August 15, 2024 | NON-FINAL ACTION E-MAILED |
| Wednesday, August 14, 2024 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, August 15, 2024 | NON-FINAL ACTION WRITTEN |
| Thursday, August 15, 2024 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Thursday, November 14, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, November 14, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, December 18, 2024 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Wednesday, December 18, 2024 | FINAL REFUSAL E-MAILED |
| Wednesday, December 18, 2024 | FINAL REFUSAL WRITTEN |
| Tuesday, December 24, 2024 | EXPARTE APPEAL RECEIVED AT TTAB |
| Tuesday, December 24, 2024 | EX PARTE APPEAL-INSTITUTED |
| Thursday, November 14, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |