Life-Extension-Vitamin-Store, Fort Lauderdale FL 33309 Page 1 of 3
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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA311403 Filing date: 10/14/2009 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Notice of Opposition Notice is hereby given that the following party opposes registration of the indicated application. Opposer Information Name Life Extension Foundation, Inc. Entity Corporation Citizenship Florida Address 1100 West Commercial Blvd. Fort Lauderdale, FL 33309 UNITED STATES Attorney Robert C. Kain, Jr. information Kain & Associates, Attorneys at Law, P.A. 750 Southeast Third Avenue Fort Lauderdale, FL 33316 UNITED STATES [email protected], [email protected], [email protected] Applicant Information Application No 79063940 Publication date 09/15/2009 Opposition Filing 10/14/2009 Opposition 10/15/2009 Date Period Ends International 0989672 International 10/16/2008 Registration No. Registration Date Applicant EIG Global Pte Ltd 80 Tras Street #01-03 Singapore 079019 SINGAPORE Goods/Services Affected by Opposition Class 003. All goods and services in the class are opposed, namely: AFTER-SHAVE LOTION; ALMOND MILK FOR COSMETIC PURPOSES; ALMOND OIL FOR COSMETIC PURPOSES; ANTIPERSPIRANTS (TOILETRIES); ASTRINGENTS FOR COSMETIC PURPOSES; COSMETIC PREPARATIONS FOR BATHS; BEAUTY MASK, ESSENTIAL OILS FOR FLAVORING BEVERAGES; PREPARATION FOR CLEANING DENTURES; CLEANING PREPARATIONS; COSMETIC KITS COMPRISING LIPSTICK; COSMETICS; COSMETIC CREAMS; SKIN WHITENING CREAMS; DENTURE CLEANING PREPARATIONS, NAMELY, DENTURE POLISHERS; DEPILATORIES; DEPILATORY PREPARATIONS; ESSENTIAL OILS, HAIR LOTIONS, JASMINE OIL FOR PERSONAL USE; LAVENDER OIL; ESSENTIAL OILS OF LEMON; LIPSTICKS; LOTIONS FOR COSMETIC PURPOSES; MAKE-UP; MAKE-UP PREPARATIONS; MAKE-UP REMOVING PREPARATIONS; MASCARA; ESSENTIAL OILS OF MINT ESSENCE; MOUTH WASHES NOT FOR MEDICAL PURPOSES; NAIL CARE PREPARATIONS; OILS FOR COSMETIC PURPOSES; POLISHING CREAMS, NAMELY, SHAVING CREAM; COSMETIC POMADES FOR HAIR AND LIPS; ROSE OIL FOR COSMETIC PURPOSES; SHAMPOOS; SHAVING PREPARATIONS; NON-MEDICATED COSMETIC PREPARATIONS FOR SKIN CARE; COSMETIC PREPARATIONS FOR SLIMMING PURPOSES; DEPILATORY WAX; ALL OF THE FOREGOING GOODS BEING FOR THIS CLASS ONLY Class 005. All goods and services in the class are opposed, namely: ACETATE PREPARATIONS FOR PHARMACEUTICAL PURPOSES; ALMOND MILK PREPARATIONS FOR PHARMACEUTICAL PURPOSES; BATH PREPARATIONS FOR MEDICAL PURPOSES; BROMINE PREPARATIONS FOR PHARMACEUTICAL PURPOSES; PHARMACEUTICAL PREPARATIONS FOR TREATING DANDRUFF; ESTER PREPARATIONS FOR PHARMACEUTICAL PURPOSES; GLYCERIN FOR MEDICAL PURPOSES; LECITHIN FOR USE AS A DIETARY SUPPLEMENT; PREPARATIONS OF LIME FOR PHARMACEUTICAL PURPOSES; PHARMACEUTICAL LOTIONS FOR SKIN; COUGH AND THROAT LOZENGES FOR PHARMACEUTICAL PURPOSES; MAGNESIA PREPARATIONS FOR PHARMACEUTICAL PURPOSES; MALT EXTRACTS FOR PHARMACEUTICAL PURPOSES; MENTHOL VAPOR PREPARATIONS FOR PHARMACEUTICAL PURPOSES; MINERAL FOOD SUPPLEMENTS; DIET PILLS FOR PHARMACEUTICAL PURPOSES; PHARMACEUTICAL PREPARATIONS FOR FOOT PERSPIRATION; PHARMACEUTICAL SERUMS FOR COLDS; PHARMACEUTICAL PREPARATION FOR SKIN CARE; PHARMACEUTICAL PREPARATIONS FOR SLIMMING PURPOSES; PHARMACEUTICAL PREPARATIONS FOR THE TREATMENT OF SUNBURN; ALL OF THE FOREGOING GOODS BEING IN THIS CLASS ONLY Class 035. All goods and services in the class are opposed, namely: BUSINESS MANAGEMENT ASSISTANCE; BUSINESS MANAGEMENT CONSULTANCY; BUSINESS ORGANIZATION CONSULTANCY; DEMONSTRATION OF GOODS FOR ADVERTISING PURPOSES; DISSEMINATION OF ADVERTISING MATTER; DISTRIBUTION OF SAMPLES; SALES PROMOTION; THE BRINGING TOGETHER, FOR THE BENEFIT OF OTHERS, OF A VARIETY OF GOODS, ENABLING CUSTOMERS TO CONVENIENTLY VIEW AND PURCHASE THOSE GOODS IN THE FIELD OF COSMETICS, PERSONAL CARE AND SOAPS IN PHARMACIES, WHOLESALE OUTLETS, SUPERMARKETS AND DEPARTMENTAL STORES; BUSINESS CONSULTANCY SERVICES RELATING TO FRANCHISING, NAMELY, OFFERING BUSINESS MANAGEMENT ASSISTANCE IN THE ESTABLISHMENT AND OPERATION OF RETAIL STORES; ALL OF THE FOREGOING SERVICES BEING IN THIS CLASS ONLY Grounds for Opposition Priority and likelihood of confusion Trademark Act section 2(d) Marks Cited by Opposer as Basis for Opposition U.S. Registration 3394959 Application Date 05/25/2006 No. Registration Date 03/11/2008 Foreign Priority NONE Date Word Mark LIFE EXTENSION Design Mark Description of NONE Mark Goods/Services Class 005. First use: First Use: 1980/10/17 First Use In Commerce: 1980/10/17 Homeopathic dietary supplements Class 016. First use: First Use: 1980/10/17 First Use In Commerce: 1980/10/17 Magazines, books, brochures and leaflets related to health and nutrition Class 035. First use: First Use: 1982/01/31 First Use In Commerce: 1982/01/31 Retail store services featuring nutritional and dietary supplements and books and magazines related to health and nutrition; mail order catalog services featuring nutritional and dietary supplements and books and magazines related to health and nutrition; online retail store services featuring nutritional and dietary supplements and books and magazines related to health and nutrition Class 036. First use: First Use: 1985/03/31 First Use In Commerce: 1985/03/31 Providing grants to conduct research in the field of anti-aging Class 044. First use: First Use: 1980/10/17 First Use In Commerce: 1980/10/17 Counseling in the field of nutrition U.S. Registration 2924678 Application Date 01/31/2003 No. Registration Date 02/08/2005 Foreign Priority NONE Date Word Mark LIFE EXTENSION FOUNDATION Design Mark Description of NONE Mark Goods/Services Class 005. First use: First Use: 1980/10/17 First Use In Commerce: 1980/10/17 homeopathic dietary supplements Class 016. First use: First Use: 1980/10/17 First Use In Commerce: 1980/10/17 Magazines, brochures and leaflets related to health and nutrition Class 044. First use: First Use: 1980/10/17 First Use In Commerce: 1980/10/17 Counseling in the field of nutritional counseling U.S. Registration 2774262 Application Date 09/12/1995 No. Registration Date 10/21/2003 Foreign Priority NONE Date Word Mark LIFE EXTENSION MAGAZINE Design Mark Description of NONE Mark Goods/Services Class 016. First use: First Use: 1994/10/00 First Use In Commerce: 1994/10/00 magazines dealing with health and medical issues U.S. Application 77690767 Application Date 03/13/2009 No. Registration Date NONE Foreign Priority NONE Date Word Mark LIFE EXTENSION Design Mark Description of NONE Mark Goods/Services Class 005. First use: First Use: 1980/10/17 First Use In Commerce: 1980/10/17 dietary and nutritional supplements U.S. Registration 2964440 Application Date 09/16/2000 No. Registration Date 07/05/2005 Foreign Priority NONE Date Word Mark LIFE EXTENSION FOR LONGER LIFE Design Mark Description of NONE Mark Goods/Services Class 005. First use: First Use: 1997/11/00 First Use In Commerce: 1997/11/00 Homeopathic dietary supplements U.S. Application 77117582 Application Date 02/27/2007 No. Registration Date NONE Foreign Priority NONE Date Word Mark LIFE EXTENSION RX Design Mark Description of The mark consists of the words "LIFE EXTENSION" and the letters "RX" in a Mark larger size font immediately following the word "EXTENSION". Goods/Services Class 035. First use: First Use: 2006/12/31 First Use In Commerce: 2006/12/31 Retail and computerized online pharmacy services; online retail store services, mail order services all of the foregoing featuring pharmaceuticals and nutritional supplements; telephone, retail store and online order fulfillment services featuring pharmaceuticals and nutritional supplements Class 041. First use: First Use: 2006/12/31 First Use In Commerce: 2006/12/31 Publication of electronic publications, journals, magazines, books and newsletters, all of the foregoing in the field of nutrition, health, diet, aging and lifestyle Class 044. First use: First Use: 2006/12/31 First Use In Commerce: 2006/12/31 Counseling services in the area of nutrition, health, diet, aging and lifestyle; medical evaluation services, namely, functional assessment programs for patients receiving medical treatment for the purpose of assessing medical treatment effectiveness; providing medical and pharmaceutical information; providing a database of medical and pharmaceutical information U.S. Application 77117550 Application Date 02/27/2007 No. Registration Date NONE Foreign Priority NONE Date Word Mark LIFE EXTENSION RX Design Mark Description of NONE Mark Goods/Services Class 035. First use: First Use: 2006/12/31 First Use In Commerce: 2006/12/31 retail and computerized online pharmacy services; online retail store services, mail order services all of the foregoing featuring pharmaceuticals and nutritional supplements; telephone, retail store and online order fulfillment services featuring pharmaceuticals and nutritional supplements Class 041. First use: First Use: 2006/12/31 First Use In Commerce: 2006/12/31 Publication of electronic publications, journals, magazines, books and newsletters, all of the foregoing in the field of nutrition, health, diet, aging and lifestyle Class 044. First use: First Use: 2006/12/31 First Use In Commerce: 2006/12/31 counseling services in the area of nutrition, health, diet, aging and lifestyle; medical evaluation services, namely, functional assessment programs for patients receiving medical treatment for the purpose of assessing medical treatment effectiveness; providing medical and pharmaceutical information; providing a database of medical and pharmaceutical information U.S. Application 77117476 Application