BIONORICA THE PHYTOLUTION COMPANY - Trademark Details
Status: 706 - A Section 71 declaration has been accepted
Image for trademark with serial number 79067056
Serial Number
79067056
Registration Number
3899294
Word Mark
BIONORICA THE PHYTOLUTION COMPANY
Status
706 - A Section 71 declaration has been accepted
Status Date
2021-06-30
Filing Date
2008-03-14
Registration Number
3899294
Registration Date
2011-01-04
Mark Drawing
3000 - Illustration: Drawing or design which also includes word(s)/ letter(s)/number(s) Typeset
Design Searches
261713 - Letters or words underlined and/or overlined by one or more strokes or lines.
Published for Opposition Date
2010-10-19
Attorney Name
Law Office Assigned Location Code
M80
Employee Name
SEVERSON, KAREN PATRIC
Statements
Indication of Colors claimed
Color is not claimed as a feature of the mark.
Disclaimer with Predetermined Text
"COMPANY"
Description of Mark
The mark consists of the wording "BIONORICA" above a horizontal line and the wording "THE PHYTOLUTION COMPANY", in smaller font size, below the horizontal line
Goods and Services
[ Chemicals used in industry, namely, raw materials for the manufacture of pharmaceutical preparations ]
Goods and Services
[ Essential oils for use in the manufacture of cosmetics; hair lotions; dentifrices ]
Goods and Services
Pharmaceutical preparations for use in the treatment, cure, mitigation or prevention of [ gingivitis, halitosis, stomatitis, periodontitis, inflammation of the oral cavity and pharyngeal cavity, hypersensitivity of teeth, ] angina, [ atherosclerosis, ] bronchial asthma, [ circulatory disorders, constipation, diarrhoea, heart failure, heart rhythm disorders, high blood pressure, indigestion, insomnia, migraine, motion sickness, nausea, peptic ulcers, vomiting, allergy, gynecological disorders affecting menstruation, sterility, menstrual syndromes, dysmenorrhoea, infertility, genital tract infections, pelvic inflammatory diseases, vaginal discomfort due to menopausal atrophic changes, anatomical abnormalities, neoplasia, breast neoplasm, breast cancer, mamma, mastopathy, mastodynia, premenstrual syndrome, climateric complaints, breast pain, blood conditions and disorders, blood circulation disorders, high blood pressure, hypertension, pulmonary diseases, heart rhythm disorders, heart failure, urological diseases, sexually transmitted diseases and inflammatory pelvic diseases, menopausal complaints due to therapeutically induced menopause, tamoxifen induced hot flushes of breast cancer survivors, vaginal discomfort due to menopausal atrophic changes, climactic sleep disturbances, depressive moods, osteoprotectio, osteoporosis, central nervous system infections, brain diseases, central nervous system movement disorders, ocular motility disorders, spinal cord diseases, psycho vegetative disorders, depressive syndrome, anxiety, nervous unrest, peripheral nervous system infections, peripheral nervous system movement disorders, nerve compression syndromes, neuritis, neuralgia and regional pain syndromes, diseases and disorders of the kidney, urological disorders, chronic infections of the bladder, cystitis, pyelonephritis, glomerulonephritis, interstitial nephritis, nephrolithiasis, cancer, urolith prophylaxis, dizziness, migraine, depression, ] inflammations of the upper and lower respiratory organs, sinuses, bronchitis, tonsillitis, [ arthritis, osteoarthritis, ] fever, cough, cold, [ Alzheimer's disease, ] infection of respiratory tract; [ infection of urinary tract, urinary obstruction, chronic venous insufficiency, prostate hyperplasia, muscle pains, soft tissue rheumatism, musculoskeletal disease, liver disease, hepatitis, cirrhosis of liver, periodontal diseases and dental caries; pharmaceutical preparations for use as an antidepressant, diuretic, hypnotic, sedative, stimulant, and tranquilizer; hemorrhoidal ointment, laxative, nasal decongestant capsules, nasal spray preparations, non-narcotic analgesics, throat lozenges; menstruation circulation regulating tablets; hormone preparations, hormone replacement medication; ] pharmaceutical preparations for sensory organs, namely, for use in [ ophthalmology, ] otolaryngology; [ and dermatology; ] pharmaceutical preparations for regulation and strengthening of the immune system; [ pharmaceutical preparations for treating temporary relief of occasional minor irritation, pain sore mouth, sore gums, sore throat, pain associated with canker sores, pain due to minor irritation or injury of the mouth and gums, pain due to minor dental procedures, pain due to minor irritations caused by dentures or orthodontic appliances, sore gums due to teething in infants and children four months of age and older; pharmaceutical products, namely, medicated dental, gum and mouth washes, medicated dental, gum and mouth rinse, medicated toothpastes, medicated oral-care gels, medicated dental gels, medicated lozenges, cough lozenges, medicated chewing gum, medicated gels and fluids in the nature of dental bleaching gels, gum balms, medicated dental floss, medicated dental tapes, medicated dental ribbons, medicated teeth whitener gels, medicated toothpicks, fluoride chewing gum and chewable tablets for disclosing dental plaque and tartar; preparations for dental purposes, namely, plaque disclosing reagents, periodontal diagnostic reagents for medical purposes for detecting derivatives from periodontal bacteria and caries, diagnostic reagents for detecting derivatives from caries-causal bacteria and medicines for the prevention and treatment of periodontal diseases,dental caries, canker sores, cold sores, mucositis and oral and tongue cancers; medicated mouth sprays and desensitizers; ] plant extracts for [ veterinary and ] pharmaceutical purposes; [ sanitary preparations for medical use; sanitary preparations for hygiene, namely, antiseptics, oral antiseptics, disinfectants for health purposes; sanitary preparations for the treatment, cleaning and protection of the skin; ] dietary supplements in the form of tablets, [ drops, capsules, ] extract preparations, balms or in liquid form, containing plant extracts; [ dietetic substances adapted for medical use in the form of tablets, drops, capsules, extract preparations, balms or in liquid form; food for medically restricted diets, food for diabetics, ] food supplements containing plant extracts, food supplements derived from plants or plant extracts, all aforesaid goods in the form of tablets, [ drops, capsules, ] extract preparations, balms or in liquid form; [ vitamin and mineral supplements; food and food supplements, namely, herbal teas for medicinal purposes and medicinal teas; nutritional additives for use in foods and dietary supplements for human consumption; ] dietetic food supplements; dietary supplements; food supplements and dietary food supplements [ ; mineral food supplements, food supplements based on amino acids, minerals and/or trace elements; medical plasters; materials for dressings, namely, gauze and bandages; all purpose disinfectants; material for stopping teeth; dental wax ]
Goods and Services
[ Downloadable electronic publications in the nature of magazines, journals, newsletters, periodicals, catalogues, brochures, manuals, leaflets, package inserts in the field of medicine and phytopharmacy, press releases featuring information on medicine and phytopharmacy; prerecorded magnetic data carriers featuring medicine and phytopharmacy; small weighing, measuring, signalling, checking and supervision apparatus, namely, pocket calculators, scales, balances, measuring rules, thermometers, computer storage devices, namely, flash drives, USB flash drives, flash memory cards, memory cards and computer memory hardware all to be used as advertising medium; spectacles, namely, eyeglasses and goggles; protective helmets, namely, bicycle helmets; personal computers; DVD, CD, and magnetic-tape recorders and players ]
Goods and Services
[ Paper; cardboard; goods made from paper and cardboard, namely, paper bags, coasters, figures and works of art; printed matter, namely, books, magazines, journals, newspapers, periodicals, leaflets, reviews, manuals, catalogs and brochures in the fields of health and medicine; bookbinding material, namely, bookbindings; photographs; stationery; adhesives for stationery or household purposes; artists' materials, namely, artists' pastels, artists' pencils, artists' pens, painting sets for artists; paint brushes; typewriters, office requisites except furniture, namely, punches, staplers, erasers, desk pads, pencil sharpeners; printed instructional and teaching material, namely, instructional and teaching material in the field of medicine and phytopharmacy; paper bags, envelopes and pouches for packaging; plastic bags and bubble packs for packaging ]
Goods and Services
[ Household or cooking utensils, namely, graters, sieves, spatulas, strainers, turners, pot and pan scrapers, rolling pins, whisks, skimmers and tongs; containers for household use; cleaning and hair combs; bath, cleaning, and scrub sponges, sponges for household purposes; brushes, namely, cake brushes, clothes brushes, cosmetic brushes, crumb brushes, dishwashing brushes, dusting brushes, electric toothbrushes, floor brushes, hair brushes, nail brushes, shaving brushes, shoe brushes, toilet brushes, tub brushes, and washing brushes; beverage glassware, porcelain mugs and earthenware mugs; dishes made of glass, porcelain and earthenware; figurines, sculptures, statues, statuettes and works of art made of glass, porcelain and earthenware ]
Goods and Services
[ Clothing, namely, t-shirts, pants, dresses, jackets, trousers, jumpers, socks; footwear; headgear for men, women and children, namely, hats caps, headscarves ]
Goods and Services
[ Games and playthings, namely, board games, card games, dice games, memory games, party games, action skill games, dolls and puppets; positionable toy figures; gymnastic and sporting articles, namely, treadmills, stair machines, stationary exercise bikes, trampolines, skipping ropes, soccer balls, tennis balls, racket balls; rubber balls for games; hockey pucks; rackets for tennis, squash, badminton and table tennis; paddles for use in paddle ball games; decorations for Christmas trees, except lighting apparatus and confectionery ]
Goods and Services
[ Food additives for non-medical purposes, namely, food additives containing primarily fatty substances, greases, fatty acids, either singular or in combination, and also containing vitamins, minerals and trace elements; plant extracts for foodstuffs, namely, food additives in the nature of fat acids made from fruits and vegetables; plant extracts for foodstuff in the nature of food additives containing fatty acids and proteins to be used in food supplements and food, namely, soups, powdered nutritional supplement drink mix and porridge; proteins being food additives for human consumption containing fatty substances, fatty acids, vitamins, minerals and trace elements; food additives in the nature of fat acids made from meat, fish, fruits, vegetables, eggs, milk and edible oils and fats containing fatty substances fatty acids, vitamins, minerals and trace elements ]
Goods and Services
[ Food additives for non-medical purposes, namely, food additives containing primarily carbohydrates and fiber, and also containing vitamins, minerals and trace elements, either singular or in combination; plant extracts and tinctures not being essential oils in liquid, solid or gaseous form to be used as flavourings in food and nutritional additives; herbal teas for food purposes; food additives in the nature of plant extracts not being essential oils used as flavouring in liquid, solid or gaseous form for foodstuffs, food supplements and food; foods and dietetic foods, namely, ready to eat cereal derived food bars; flavouring additives for non-nutritional purposes in the form of liquids, solids, or gaseous compounds for use in the manufacture of cosmetics and food; herbal teas ]
Goods and Services
[ Living plants; dried plants; unprocessed herbs ]
Goods and Services
[ Education services, namely, providing classes, courses, seminars, workshops, tutoring and mentoring in the fields of health and medicine; providing of training in the use of medicine and sports equipment ]
Translation of Words in Mark
The wording "BIONORICA" and "PHYTOLUTION" has no meaning in a foreign language.
Classification Information
International Class
001 - Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry. - Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.
US Class Codes
001, 005, 006, 010, 026, 046
Class Status Code
G - Sec. 71 - Class(es) in a Multiple Class Registration
Class Status Date
2017-04-12
Primary Code
001
International Class
003 - Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. - Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
US Class Codes
001, 004, 006, 050, 051, 052
Class Status Code
G - Sec. 71 - Class(es) in a Multiple Class Registration
Class Status Date
2017-04-12
Primary Code
003
International Class
005 - Pharmaceutical, veterinary and sanitary preparations; 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. - Pharmaceutical, veterinary and sanitary preparations; 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
6 - Active
Class Status Date
2009-04-27
Primary Code
005
International Class
009 - Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus. - Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.
US Class Codes
021, 023, 026, 036, 038
Class Status Code
G - Sec. 71 - Class(es) in a Multiple Class Registration
Class Status Date
2017-04-12
Primary Code
009
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); playing cards; printers' type; printing blocks. - 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); playing cards; printers' type; printing blocks.
US Class Codes
002, 005, 022, 023, 029, 037, 038, 050
Class Status Code
G - Sec. 71 - Class(es) in a Multiple Class Registration
Class Status Date
2017-04-12
Primary Code
016
International Class
021 - Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes. - Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.
US Class Codes
002, 013, 023, 029, 030, 033, 040, 050
Class Status Code
G - Sec. 71 - Class(es) in a Multiple Class Registration
Class Status Date
2017-04-12
Primary Code
021
International Class
025 - Clothing, footwear, headgear. - Clothing, footwear, headgear.
US Class Codes
022, 039
Class Status Code
G - Sec. 71 - Class(es) in a Multiple Class Registration
Class Status Date
2017-04-12
Primary Code
025
International Class
028 - Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees. - Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.
US Class Codes
022, 023, 038, 050
Class Status Code
G - Sec. 71 - Class(es) in a Multiple Class Registration
Class Status Date
2017-04-12
Primary Code
028
International Class
029 - Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats. - Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats.
US Class Codes
046
Class Status Code
G - Sec. 71 - Class(es) in a Multiple Class Registration
Class Status Date
2017-04-12
Primary Code
029
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. - 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
G - Sec. 71 - Class(es) in a Multiple Class Registration
Class Status Date
2017-04-12
Primary Code
030
International Class
031 - Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt. - Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.
US Class Codes
001, 046
Class Status Code
G - Sec. 71 - Class(es) in a Multiple Class Registration
Class Status Date
2017-04-12
Primary Code
031
International Class
041 - Education; providing of training; entertainment; sporting and cultural activities. - Education; providing of training; entertainment; sporting and cultural activities.
US Class Codes
100, 101, 107
Class Status Code
G - Sec. 71 - Class(es) in a Multiple Class Registration
Class Status Date
2017-04-12
Primary Code
041
Current Trademark Owners
Party Name
Party Type
30 - Original Registrant
Address
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Trademark Owner History
Party Name
Party Type
30 - Original Registrant
Address
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Party Name
Party Type
20 - Owner at Publication
Address
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Party Name
Party Type
10 - Original Applicant
Address
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Correspondences
Name
Kenneth F. Florek
Address
Please log in with your Justia account to see this address.
Prior Registrations
Relationship TypeReel Number
Prior Registration1712980
Prior Registration3409300
International Registrations
International Registration Number
0998164
International Registration Date
2008-03-14
International Publication Date
2009-04-30
International Renewal Date
2028-03-14
Auto Protection Date
2010-10-23
International Status
001 - Request for extension of protection established
International Status Date
2009-04-23
Priority Claimed In
True
Priority Claimed Date
2007-10-12
First Refusal In
True
Trademark Events
Event DateEvent Description
2009-04-23SN ASSIGNED FOR SECT 66A APPL FROM IB
2009-04-24LIMITATION OF GOODS/SERVICES FROM IB ENTERED
2009-04-27NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
2009-04-27ASSIGNED TO EXAMINER
2009-05-01APPLICATION FILING RECEIPT MAILED
2009-05-08ASSIGNED TO EXAMINER
2009-05-29ASSIGNED TO EXAMINER
2009-05-29NON-FINAL ACTION WRITTEN
2009-05-30NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW
2009-06-01REFUSAL PROCESSED BY MPU
2009-06-01NON-FINAL ACTION MAILED - REFUSAL SENT TO IB
2009-06-26REFUSAL PROCESSED BY IB
2009-07-21PAPER RECEIVED
2009-08-07ASSIGNED TO LIE
2009-08-10CORRESPONDENCE RECEIVED IN LAW OFFICE
2009-08-10AMENDMENT FROM APPLICANT ENTERED
2009-09-01NON-FINAL ACTION WRITTEN
2009-09-01NON-FINAL ACTION MAILED
2009-11-23PAPER RECEIVED
2009-11-24CORRESPONDENCE RECEIVED IN LAW OFFICE
2009-11-24AMENDMENT FROM APPLICANT ENTERED
2010-01-08NON-FINAL ACTION WRITTEN
2010-01-08NON-FINAL ACTION MAILED
2010-08-19PAPER RECEIVED
2010-08-20CORRESPONDENCE RECEIVED IN LAW OFFICE
2010-08-20AMENDMENT FROM APPLICANT ENTERED
2010-09-15APPROVED FOR PUB - PRINCIPAL REGISTER
2010-09-15LAW OFFICE PUBLICATION REVIEW COMPLETED
2010-09-23NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB
2010-09-23NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB
2010-09-29NOTICE OF PUBLICATION
2010-10-09NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB
2010-10-19PUBLISHED FOR OPPOSITION
2011-01-04REGISTERED-PRINCIPAL REGISTER
2011-04-04FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB
2011-04-13FINAL DISPOSITION PROCESSED
2011-04-14FINAL DISPOSITION NOTICE SENT TO IB
2013-02-18FINAL DECISION TRANSACTION PROCESSED BY IB
2014-06-12NEW REPRESENTATIVE AT IB RECEIVED
2016-10-05TEAS SECTION 71 & 15 RECEIVED
2017-01-11CASE ASSIGNED TO POST REGISTRATION PARALEGAL
2017-01-12POST REGISTRATION ACTION MAILED - SEC. 71 & 15
2017-04-07TEAS RESPONSE TO OFFICE ACTION-POST REG RECEIVED
2017-04-12REGISTERED - PARTIAL SEC. 71 ACCEPTED & SEC. 15 ACK.
2017-04-12NOTICE OF ACCEPTANCE OF SEC. 71 & 15 - E-MAILED
2017-11-02CHANGE OF NAME/ADDRESS REC'D FROM IB
2017-12-12PARTIAL INVALIDATION OF REG EXT PROTECTION CREATED
2017-12-20INVALIDATION PROCESSED
2017-12-20PARTIAL INVALIDATION OF REG EXT PROTECTION SENT TO IB
2018-01-26PARTIAL INVALIDATION PROCESSED BY THE IB
2018-03-29INTERNATIONAL REGISTRATION RENEWED
2020-01-04COURTESY REMINDER - SEC. 71 (10-YR) E-MAILED
2020-10-31NEW REPRESENTATIVE AT IB RECEIVED
2020-11-11TEAS SECTION 71 RECEIVED
2021-01-21CASE ASSIGNED TO POST REGISTRATION PARALEGAL
2021-06-30REGISTERED-SEC.71 ACCEPTED
2021-06-30NOTICE OF ACCEPTANCE OF SEC. 71 - E-MAILED