SECOND AMENDED AND RESTATED INTELLECTUAL PROPERTY SECURITY AGREEMENT

SECOND AMENDED AND RESTATED INTELLECTUAL PROPERTY SECURITY AGREEMENT

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Exhibit 10.1

SECOND AMENDED AND RESTATED INTELLECTUAL PROPERTY

SECURITY AGREEMENT

THIS SECOND AMENDED AND RESTATED INTELLECTUAL PROPERTY SECURITY AGREEMENT (this “Agreement”), dated as of October 6, 2014, is entered into by VITAMIN SHOPPE INDUSTRIES INC., a New York corporation (“Grantor”), and JPMORGAN CHASE BANK, N.A., as Administrative Agent (“Administrative Agent”), for the Secured Parties. Capitalized terms not otherwise defined herein have the meanings set forth in the Amended and Restated Loan and Security Agreement dated as of January 20, 2011, among Grantor, VS Direct Inc., a Delaware corporation (“VS Direct”), Vitamin Shoppe Mariner, Inc., a Delaware corporation (“VS Mariner”), Vitamin Shoppe Global, Inc., a Delaware corporation (“VS Global”), VS Hercules LLC, a Delaware limited liability company (“VS Hercules”), FDC Vitamins, LLC, a Delaware limited liability company (“FDC”), Xxxxxxxxxx Sports Nutrition, LLC, a Florida limited liability company (“Xxxxxxxxxx”, and together with Grantor, VS Direct, VS Mariner, VS Global, VS Hercules and FDC, collectively, the “Borrowers”, and each individually a “Borrower”), the Guarantors party thereto, Administrative Agent and the financial institutions from time to time party thereto as “Lenders”, as amended by that certain First Amendment to Amended and Restated Loan and Security Agreement (the “First Amendment”) dated as of January 10, 2013 and that certain Second Amendment to Amended and Restated Loan and Security Agreement and First Amendment to Existing Guarantees (the “Second Amendment”) dated as of October 11, 2013 (as the same may be further amended, modified, extended, supplemented or restated from time to time, the “Credit Agreement”).

WHEREAS, in connection with the Credit Agreement, Grantor, VS Direct Inc., a Delaware corporation, Vitamin Shoppe, Inc., a Delaware corporation, and Administrative Agent entered into that certain Intellectual Property Security Agreement dated as of January 20, 2011 (the “Original IP Security Agreement”), pursuant to which Grantor granted a security interest to the Secured Parties in certain trademark and patents whether now owned or existing or hereafter acquired or arising and wherever located.

WHEREAS, in connection with the Second Amendment, Grantor entered into that certain Amended and Restated Intellectual Property Security Agreement dated as of January 9, 2014 (the “Existing IP Security Agreement”), pursuant to which Grantor granted a security interest to the Secured Parties in certain trademark and patents whether now owned or existing or hereafter acquired or arising and wherever located.

WHEREAS, pursuant to Section 5.2 of the Credit Agreement, Grantor is delivering this Agreement to amend and restate the Existing IP Security Agreement and to grant a security interest to the Secured Parties in certain trademarks and patents whether now owned or existing or hereafter acquired or arising and wherever located, including the trademarks and patents listed on Schedule A (the “Secured Intellectual Property”).

NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor and Administrative Agent hereby agree as follows:

1. Grant of Security Interest.

1.1 Grantor hereby grants to Administrative Agent, a security interest in and continuing lien on all of Grantor’s right, title and interest in, to and under all the Secured Intellectual Property, subject to the terms and conditions of the Credit Agreement. Notwithstanding the foregoing, the Secured Intellectual Property shall exclude any rights to any patents or trademarks that would be cancelled or rendered invalid or unenforceable under applicable law by the grant of a security interest created pursuant to the terms of this Agreement or the Credit Agreement, for as long as such prohibition or reason for invalidity under applicable law exists, except for the products and proceeds thereof or from the sale of such patents or trademarks.

1.2 The security interest granted hereby is granted in conjunction with the security interest granted to Administrative Agent under the Credit Agreement. The rights and remedies of the Secured Parties with respect to the security interest granted hereby are in addition to those set forth in the Credit Agreement. In the event of any conflict between the terms of this Agreement and the terms of the Credit Agreement, the terms of the Credit Agreement shall control.

2. Modification of Agreement. This Agreement or any provision hereof may not be changed, waived, or terminated except in accordance with the amendment provisions of the Credit Agreement pursuant to which Administrative Agent may modify this Agreement, after obtaining Grantor’s approval of or signature to such modification, by amending Schedule A to include reference to any right, title or interest in any existing trademarks and patents or any trademarks and patents acquired or developed by Grantor after the execution hereof or to delete any reference to any right, title or interest in any trademarks and patents in which Grantor no longer has or claims any right, title or interest.

3. Governing Law. THIS AGREEMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER SHALL BE CONSTRUED IN ACCORDANCE WITH AND BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK AND, TO THE EXTENT CONTROLLING, LAWS OF THE UNITED STATES OF AMERICA, EXCEPT TO THE EXTENT THAT THE LAWS OF ANY STATE IN WHICH ANY OF THE COLLATERAL IS LOCATED NECESSARILY GOVERNS THE VALIDITY, PERFECTION, PRIORITY AND ENFORCEABILITY, AND THE EXERCISE OF ANY REMEDIES WITH RESPECT TO ANY LIEN OR SECURITY INTEREST INTENDED TO BE CREATED OR GRANTED HEREBY ON COLLATERAL LOCATED IN SUCH STATE.

4. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of Administrative Agent and Grantor and their respective successors and assigns. Grantor shall not, without the prior written consent of Administrative Agent given in accordance with the Credit Agreement, assign any right, duty or obligation hereunder.

5. Counterparts. This Agreement may be executed in any number of counterparts and by the parties hereto on separate counterparts, each of which when so executed, shall be deemed to be an original and all of which taken together shall constitute one and the same instrument. Delivery of an executed counterpart by facsimile or other electronic transmission shall be effective as originals.

6. EXISTING IP SECURITY AGREEMENT AMENDED AND RESTATED. This Agreement shall amend and restate the Existing IP Security Agreement, which amended and restated the Original IP Security Agreement, in its entirety. On the date hereof, the rights and obligations of the parties under the Existing IP Security Agreement shall be subsumed within and be governed by this Agreement.

[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

IN WITNESS WHEREOF, Grantor and Administrative Agent have caused this Agreement to be duly executed and delivered as of the date first above written.


VITAMIN SHOPPE INDUSTRIES INC.

By:		/s/ Xxxx X. Xxxxxxx
Name:
Title:


STATE OF NJ	)
	)	ss:
COUNTY OF Xxxxxx	)

On October 1^st, 2014, before me, the undersigned, a notary public in and for said state and county, personally appeared Xxxx Xxxxxxx, personally known to me (or proved to me on the basis of satisfactory evidence), to be the person who executed the within instrument as the Sr VP, GC & Corp Sec., on behalf of Vitamin Shoppe Industries Inc., a New York corporation and acknowledged to me that the corporation executed the within instrument pursuant to its bylaws.

WITNESS MY HAND AND/OR OFFICIAL SEAL.

/s/ Xxxxx X. XxXxxxxxxx

(NOTARIAL STAMP OR SEAL)

[SIGNATURE PAGE TO SECOND AMENDED AND RESTATED INTELLECTUAL PROPERTY

SECURITY AGREEMENT – VITAMIN SHOPPE INDUSTRIES INC.]


JPMORGAN CHASE BANK, N.A., as Administrative Agent

By:		/s/ Xxxxx Xxxxx
Name:		Xxxxx Xxxxx
Title:		Authorized Officer


STATE OF New York	)
	)	ss:
COUNTY OF New York	)

On October 6, 2014, before me, the undersigned, a notary public in and for said state and county, personally appeared Xxxxx Xxxxx, personally known to me (or proved to me on the basis of satisfactory evidence), to be the person who executed the within instrument as an authorized officer on behalf of JPMorgan Chase Bank, N.A., a national banking association and acknowledged to me that the national banking association executed the within instrument pursuant to its organizational documents.

WITNESS MY HAND AND/OR OFFICIAL SEAL.

/s/ Xxxxxx Xxxxxx

(NOTARIAL STAMP OR SEAL)

[SIGNATURE PAGE TO SECOND AMENDED AND RESTATED INTELLECTUAL PROPERTY

SECURITY AGREEMENT – VITAMIN SHOPPE INDUSTRIES INC.]

SCHEDULE A

INTELLECTUAL PROPERTY SECURITY AGREEMENT

[See Attached.]

Schedule A

VITAMIN SHOPPE INDUSTRIES INC.

ACTIVE U.S. TRADEMARKS

OPEN MATTERS AND STATEMENTS OF USE

September 29, 2014


No.	XXXX APPLICATION No. REGISTRATION No.	GOODS/SERVICES	APPLICATION DATE / REGISTRATION DATE	STATUS / NEXT DUE DATE
1.	FIT N’ FULL SHAKE U.S. Application Serial No. 86097640	Class 05 – Vitamins; vitamin, mineral, dietary and nutritional supplements; dietary and nutritional supplement for weight loss, diet, health, sports nutrition, body building, muscle gain and training; dietary supplements in the nature of powdered drink mixes and weight loss powders; dietary supplement drinks, namely, nutritional supplements for weight loss, health and bodybuilding; dietary and nutritional food supplements and powdered drink mixes containing soluble and insoluble fiber; nutritional supplements in the form of non-fruit meal replacement bars and powders and nutritional supplements in the form of non-chocolate meal replacement bars and powders; chocolate-based meal replacement bars and powders for weight loss purposes; Nutritional supplement meal replacement bars and powders for boosting energy	Filed On October 22, 2013	Filed intent-to-use. Advise on Date of First Use and Specimens. Published for Opposition on June 24, 2014 Notice of Allowance issued on August 19, 2014 Statement of Use due February 19, 2015

2.	FULL FIBER U.S. Application Serial No. 86097996	Class 05 – Vitamins; vitamin, mineral, dietary and nutritional supplements; dietary and nutritional supplement for weight loss, diet, health, sports nutrition, body building, muscle gain and training; dietary supplements in the nature of powdered drink mixes and weight loss powders; dietary supplement drinks, namely, nutritional supplements for weight loss, health and bodybuilding; and dietary and nutritional food supplements and powdered drink mixes; all containing soluble or insoluble fiber	Filed On October 22, 2013	Filed intent-to-use. Advise on Date of First Use and Specimens. Notice of Allowance issued on May 27, 2014. Statement of Use due November 27, 2014.


No.	XXXX APPLICATION No. REGISTRATION No.	GOODS/SERVICES	APPLICATION DATE / REGISTRATION DATE	STATUS / NEXT DUE DATE
3.	GREEN COFFEE 400+ U.S. Application Serial No. 86098033	Class 05 – Vitamins; vitamin, mineral, dietary and nutritional supplements; dietary and nutritional supplement for weight loss, diet, health, sports nutrition, body building, muscle gain and training; dietary supplements in the nature of powdered drink mixes and weight loss powders; dietary supplement drinks, namely, nutritional supplements for weight loss, health and bodybuilding; and dietary and nutritional food supplements and powdered drink mixes containing soluble and insoluble fiber; nutritional supplements in the form of non-fruit meal replacement bars and powders and nutritional supplements in the form of non-chocolate meal replacement bars and powders; chocolate-based meal replacement bars and powders for weight loss purposes; Nutritional supplement meal replacement bars and powders for boosting energy; all containing green coffee or green coffee extract	Filed On October 22, 2013	Filed intent-to-use. Advise on Date of First Use and Specimens. Published for Opposition on June 24, 2014 Notice of Allowance issued on August 19, 2014 Statement of Use due February 19, 2015

4.	GREEN COFFEE 400 U.S. Application Serial No. 86098024	Class 05 – Vitamins; vitamin, mineral, dietary and nutritional supplements; dietary and nutritional supplement for weight loss, diet, health, sports nutrition, body building, muscle gain and training; dietary supplements in the nature of powdered drink mixes and weight loss powders; dietary supplement drinks, namely, nutritional supplements for weight loss, health and bodybuilding; and dietary and nutritional food supplements and powdered drink mixes containing soluble and insoluble fiber; nutritional supplements in the form of non-fruit meal replacement bars and powders and nutritional supplements in the form of non-chocolate meal replacement bars and powders; chocolate-based meal replacement bars and powders for weight loss purposes; Nutritional supplement meal replacement bars and powders for boosting energy; all containing green coffee or green coffee extract	Filed On October 22, 2013	Filed intent-to-use. Advise on Date of First Use and Specimens. Published for Opposition on June 24, 2014 Notice of Allowance issued on August 19, 2014 Statement of Use due February 19, 2015

5.	BURN N’ BOOST U.S. Application Serial No. 86098000	Class 05 – Vitamins; vitamin, mineral, dietary and nutritional supplements; dietary and nutritional supplement for weight loss, diet, health, sports nutrition, body building, muscle gain and training; dietary supplements in the nature of powdered	Filed On October 22, 2013	Filed intent-to-use. Advise on Date of First Use and Specimens.


No.	XXXX APPLICATION No. REGISTRATION No.	GOODS/SERVICES	APPLICATION DATE / REGISTRATION DATE	STATUS / NEXT DUE DATE
		drink mixes and weight loss powders; dietary supplement drinks, namely, nutritional supplements for weight loss, health and bodybuilding; dietary and nutritional food supplements and powdered drink mixes containing soluble and insoluble fiber; nutritional supplements in the form of non-fruit meal replacement bars and powders and nutritional supplements in the form of non-chocolate meal replacement bars and powders; chocolate-based meal replacement bars and powders for weight loss purposes; nutritional supplement meal replacement bars and powders for boosting energy		USPTO Office Action issued on January 17, 2014. Response due July 17, 2014 Amendment to identification of goods and services. Response filed on April 17, 2014. Published for Opposition on June 24, 2014 Notice of Allowance issued on August 19, 2014 Statement of Use due February 19, 2015

6.	LEAN N’ GREEN U.S. Application Serial No. 86098009	Class 05 – Vitamins; vitamin, mineral, dietary and nutritional supplements; dietary and nutritional supplement for weight loss, diet, health, sports nutrition, body building, muscle gain and training; dietary supplements in the nature of powdered drink mixes and weight loss powders; dietary supplement drinks, namely, nutritional supplements for weight loss, health and bodybuilding; dietary and nutritional food supplements and powdered drink mixes containing soluble and insoluble fiber; nutritional supplements in the form of non-fruit meal replacement bars and powders and nutritional supplements in the form of non-chocolate meal replacement bars and powders; chocolate-based meal replacement bars and powders for weight loss purposes; nutritional supplement meal replacement bars and powders for boosting energy	Filed On October 22, 2013	Filed intent-to-use. Advise on Date of First Use and Specimens. USPTO Office Action issued on January 23, 2014 refusing registration based on prior GO GREEN AND GET LEAN! - U.S. Registration Nos. 3377252 and 3615024 and requested amendment to the identification of goods.


No.	XXXX APPLICATION No. REGISTRATION No.	GOODS/SERVICES	APPLICATION DATE / REGISTRATION DATE	STATUS / NEXT DUE DATE
				Response due July 23, 2014. Response filed on July 22, 2014. Approved for publication on August 19, 2014. Pulled from Publication on August 30, 2014

7.	FORMULEAN U.S. Application Serial No. 86098015	Class 05 – Vitamins; vitamin, mineral, dietary and nutritional supplements; dietary and nutritional supplement for weight loss, diet, health, sports nutrition, body building, muscle gain and training; dietary supplements in the nature of powdered drink mixes and weight loss powders; dietary supplement drinks, namely, nutritional supplements for weight loss, health and bodybuilding; dietary and nutritional food supplements and powdered drink mixes containing soluble and insoluble fiber; nutritional supplements in the form of non-fruit meal replacement bars and powders and nutritional supplements in the form of non-chocolate meal replacement bars and powders; chocolate-based meal replacement bars and powders for weight loss purposes; nutritional supplement meal replacement bars and powders for boosting energy	Filed On October 22, 2013	Filed intent-to-use. Advise on Date of First Use and Specimens. Published for Opposition on June 24, 2014. Notice of Allowance issued on August 19, 2014 Statement of Use due February 19, 2015

8.	NEXT STEP U.S. Application Serial No. 86073151	Class 05 – vitamins; vitamin, mineral, dietary and nutritional supplements; dietary and nutritional supplement for weight	Filed on. September 24, 2013	Filed intent-to-use


No.	XXXX APPLICATION No. REGISTRATION No.	GOODS/SERVICES	APPLICATION DATE / REGISTRATION DATE	STATUS / NEXT DUE DATE
		loss, diet, sports nutrition, body building, muscle gain and training; powders used in the preparation of protein drinks and food bars for use as a meal replacement for weight loss purposes; and dietary supplement drinks, namely, nutritional supplements for bodybuilding, all solely for human consumption and excluding animals Class 35 - Retail store services, mail order catalog services and online retail store services provided via a global computer network featuring vitamins, vitamin, mineral, dietary and nutritional supplements, weight loss supplements and powders, foods, beverages and sports performance drinks and mixes, all solely for human consumption and excluding animals		Advise on Date of First Use and Specimens USPTO issued an office action on February 10, 2014 citing a prior registration for NEXT STEP for animal feed and requesting amendment to the identification of goods. Response due August 10, 2014. We will prepare a response adding “for human consumption in order to distinguish the goods and argue against a likelihood of confusion. Response filed July 21, 2014. Published for Opposition on October 7, 2014

9.	NEXT STEP & DESIGN	Class 05 – vitamins; vitamin, mineral, dietary and nutritional supplements; dietary and nutritional supplement for weight loss, diet, sports nutrition, body building, muscle gain and training; powders used in the preparation of protein drinks and food bars for use as a meal replacement for weight loss purposes; and dietary supplement drinks, namely, nutritional supplements for bodybuilding, all solely for human consumption and excluding animals	Filed on October 24, 2013	Filed intent-to-use Advise on Date of First Use and Specimens


No.	XXXX APPLICATION No. REGISTRATION No.	GOODS/SERVICES	APPLICATION DATE / REGISTRATION DATE	STATUS / NEXT DUE DATE
	U.S. Application Serial 86100506	Class 35 - Retail store services, mail order catalog services and online retail store services provided via a global computer network featuring vitamins, vitamin, mineral, dietary and nutritional supplements, weight loss supplements and powders, foods, beverages and sports performance drinks and mixes, all solely for human consumption and excluding animals		USPTO issued an office action on February 10, 2014 citing a prior registration for NEXT STEP for animal feed and requesting amendment to the identification of goods. Response due August 10, 2014. We will prepare a response adding “for human consumption in order to distinguish the goods and argue against a likelihood of confusion. Response filed July 21, 2014. Published for Opposition on October 7, 2014

10.	PURE LIVING NATURALLY TRUE U.S. Application Serial No. 86084249	Class 05 – Vitamins; vitamin, mineral, dietary and nutritional supplements; dietary and nutritional supplement for weight loss, diet, sports nutrition, body building, muscle gain and training; powders used in the preparation of protein drinks for use as a meal replacement for weight loss purposes; and dietary supplement drinks, namely, nutritional supplements for bodybuilding Class 35 - Retail store services, mail order catalog services and online retail store services provided via a global computer network featuring vitamins, vitamin, mineral, dietary and nutritional supplements, weight loss supplements, foods, beverages and sports performance drinks; promoting public awareness of health and nutrition	Filed on October 7, 2013	Filed intent-to-use. Advise on Date of First Use and Specimens. Notice of Allowance issued on June 3, 2014. Statement of Use due December 3, 2014

11.	PLNT U.S. Application Serial No. 86081607	Class 05 – Vitamins; vitamin, mineral, dietary and nutritional supplements; dietary and nutritional supplement for weight loss, diet, sports nutrition, body building, muscle gain and	Filed on October 3, 2013	Filed intent-to-use


No.	XXXX APPLICATION No. REGISTRATION No.	GOODS/SERVICES	APPLICATION DATE / REGISTRATION DATE	STATUS / NEXT DUE DATE
		training; powders used in the preparation of protein drinks for use as a meal replacement for weight loss purposes; and dietary supplement drinks, namely, nutritional supplements for bodybuilding Class 35 - Retail store services, mail order catalog services and online retail store services provided via a global computer network featuring vitamins, vitamin, mineral, dietary and nutritional supplements, weight loss supplements, foods, beverages and sports performance drinks		Advise on Date of First Use and Specimens Notice of Allowance issued on June 3, 2014. Statement of Use due December 3, 2014

12.	NITRULLINE U.S. Application Serial No. 86074739 U.S. Registration No. 4525617	Class 05 - Vitamins; vitamin, mineral, dietary and nutritional supplements; dietary and nutritional supplement for weight loss, diet, sports nutrition, body building, muscle gain and training	Filed on September 25, 2013	Registered – May 6, 2014

13.	TRIBULUS-PRO U.S. Application Serial No. 86074750 U.S. Registration No. 4525618	Class 05 - Vitamins; vitamin, mineral, dietary and nutritional supplements; dietary and nutritional supplement for weight loss, diet, sports nutrition, body building, muscle gain and training	Filed on September 25, 2013	Registered – May 6, 2014

14.	ULTIMATE WOMEN’S 50+ U.S. Application Serial No. 86100492 U.S. Registration No. 4555446`	Class 05 - Vitamins; vitamin, mineral, dietary and nutritional supplements; dietary and nutritional supplement for weight loss, diet, sports nutrition, body building, muscle gain and training; powders used in the preparation of protein drinks for use as a meal replacement for weight loss purposes; dietary supplement drinks, namely, nutritional supplements for bodybuilding; powdered nutritional supplement drink mixes	Filed on October 24, 2013	Registered – June 24, 2014

15.	CARB SHREDDER U.S. Application Serial No. 86081774	Class 05 - Vitamin, mineral, dietary and nutritional supplements for weight loss	Filed on October 3, 2013	Filed Use-based. USPTO issued a FINAL refusal on July 31, 2014 based on a prior registration for SHREDDER - U.S. Registration No. 4414832. Response due by January 31, 2015


No.	XXXX APPLICATION No. REGISTRATION No.	GOODS/SERVICES	APPLICATION DATE / REGISTRATION DATE	STATUS / NEXT DUE DATE
16.	CHEWY PANDA VITES U.S. Application Serial No. 86081782	Class 05 - Vitamins; vitamin, mineral, dietary and nutritional supplements.	Filed on October 3, 2013	Filed Use-based. USPTO issued a descriptiveness refusal on January 14, 2014. Response due July 14, 2014. Response filed on July 8, 2014 claiming acquired distinctiveness based on use since 2005. Published for Opposition on September 23, 2014

17.	COMFORT IRON U.S. Application Serial No. 86081786	Class 05 - Vitamin, mineral, dietary and nutritional supplements, excluding nutrition and dietary bars and nutritional vitamins and minerals formed and packaged as bars; all the foregoing containing iron.	Filed on October 3, 2013	Filed Use-based USPTO issued a refusal on January 8, 2014 based on a prior registration for COMFORT BAR - U.S. Registration No. 2938069. Response due by July 8, 2014. Approved for publication on August 1, 2014. Published for Opposition on October 28, 2014


No.	XXXX APPLICATION No. REGISTRATION No.	GOODS/SERVICES	APPLICATION DATE / REGISTRATION DATE	STATUS / NEXT DUE DATE
18.	FROM THE EARTH U.S. Application Serial No. 86081790 U.S. Registration No. 4525833	Class 05 - Vitamins; vitamin, mineral, dietary and nutritional supplements; dietary and nutritional supplement for weight loss, diet, sports nutrition, body building, muscle gain and training; and nutritional supplement drink mixes and powders for use as a meal replacement.	Filed on October 3, 2013	Registered – May 6, 2014

19.	ESPECIALLY FOR MEN U.S. Application Serial No. 86081798 U.S. Registration No. 4525834	Class 05 - Vitamins; vitamin, mineral, dietary and nutritional supplements; dietary and nutritional supplement for weight loss, diet, sports nutrition, body building, muscle gain and training; and nutritional supplement drink mixes and powders for use as a meal replacement.	Filed on October 3, 2013	Registered – May 6, 2014

20.	ULTIMATE 10 PROBIOTICS U.S. Application Serial No. 86081807	Class 05 - Vitamins; vitamin, mineral, dietary and nutritional supplements; dietary and nutritional supplement for weight loss, diet, sports nutrition, body building, muscle gain and training; powders for use in making drinks as a meal replacement for weight loss and nutritional purposes; and dietary supplement drinks, namely, nutritional supplements for bodybuilding; all the foregoing containing probiotics	Filed on October 3, 2013	Filed Use-based USPTO issued a descriptiveness refusal on January 14, 2014 based on product page indicating the product has 10 items. Response due July 14, 2014 Claim Acquired Distinctiveness as to ULTIMATE or amend to Supplemental. Approved for Publication on July 30, 2014. Published for Opposition on October 21, 2014


No.	XXXX APPLICATION No. REGISTRATION No.	GOODS/SERVICES	APPLICATION DATE / REGISTRATION DATE	STATUS / NEXT DUE DATE
21.	ULTIMATE MAN GOLD U.S. Application Serial No. 86081811 U.S. Registration No. 4600121	Class 05 - Vitamins; vitamin, mineral, dietary and nutritional supplements; dietary and nutritional supplement for weight loss, diet, sports nutrition, body building, muscle gain and training; dietary supplement drinks, namely, nutritional supplements for bodybuilding; dietary supplements in the nature of weight loss powders; nutritional supplements in the form of non-fruit meal replacement bars and powders and nutritional supplements in the form of non-chocolate meal replacement bars and powders; chocolate-based meal replacement powders for weight loss purposes; nutritional supplement meal replacement powders for boosting energy	Filed on October 3, 2013	Registered on September 9, 2014

22.	ULTIMATE WOMAN GOLD U.S. Application Serial No. 86081814 U.S. Registration No. 4600122	Class 05 - Vitamins; vitamin, mineral, dietary and nutritional supplements; dietary and nutritional supplement for weight loss, diet, sports nutrition, body building, muscle gain and training; dietary supplement drinks, namely, nutritional supplements for bodybuilding; dietary supplements in the nature of weight loss powders; nutritional supplements in the form of non-fruit meal replacement bars and powders and nutritional supplements in the form of non-chocolate meal replacement bars and powders; chocolate-based meal replacement powders for weight loss purposes; nutritional supplement meal replacement powders for boosting energy	Filed on October 3, 2013	Registered on September 9, 2014

23.	ULTIMATE GOLD U.S. Application Serial No. 86081822 U.S. Registration No. 4600122	Class 05 - Vitamins; vitamin, mineral, dietary and nutritional supplements; dietary and nutritional supplement for weight loss, diet, sports nutrition, body building, muscle gain and training; dietary supplement drinks, namely, nutritional supplements for bodybuilding; dietary supplements in the nature of weight loss powders; nutritional supplements in the form of non-fruit meal replacement bars and powders and nutritional supplements in the form of non-chocolate meal replacement bars and powders; chocolate-based meal replacement powders for weight loss purposes; nutritional supplement meal replacement powders for boosting energy	Filed on October 3, 2013	Registered on September 9, 2014


No.	XXXX APPLICATION No. REGISTRATION No.	GOODS/SERVICES	APPLICATION DATE / REGISTRATION DATE	STATUS / NEXT DUE DATE
24.	BEHOLD U.S. Application Serial No. 86034828	Class 05 - Vitamins; vitamin, mineral, dietary and nutritional supplements; dietary and nutritional supplement for weight loss, diet, sports nutrition, body building, muscle gain and training; and nutritional supplement drink mixes and powders for use as a meal replacement.	Filed on. August 6, 2013	Notice of Allowance issued on December 17, 2013 Statement of Use due by December 17, 2014. Advise on Date of First use and Specimens

25.	CHIEF HEALTH ENTHUSIAST U.S. Application Serial No. 86030392	Class 35 – Retail store services, mail order catalog services and online retail store services provided via a global computer network featuring vitamins, nutritional supplements, complementary and alternative medicine products, books, herbal products, aromatherapy products, bath and shower products, health and beauty products, skin treatment creams; customer services, namely, product inquiry services by responding to customer inquiries for other in-store, via telephone and e-mail in the field of vitamins; customer service management of others in the fields of vitamins, nutritional supplements, complementary and alternative medicine products, books, herbal products, aromatherapy products, bath and shower products, health and beauty products, skin treatment creams and related items; promoting public awareness of health and nutrition	Filed on August 6, 2013	Notice of Allowance issued on March 25, 2014 Statement of Use due by March 25, 2015 Advise on Date of First use and Specimens

26.	NEXT STEP U.S. Application Serial No. 85931355	Class 35 - Retail store services, mail order catalog services and online retail store services provided via a global computer network featuring vitamins, vitamin, mineral, dietary and nutritional supplements, weight loss supplements, foods, beverages and sports and performance drinks; providing online information in the fields of health, nutrition and weight loss; providing on-line information in the fields of vitamins; vitamin, mineral, dietary and nutritional supplements and dietary and nutritional supplements, mixes and powders for weight loss; sports drinks, namely, performance drinks, energy drinks and sports drinks enhanced with vitamins, minerals and nutrients; gym bags, sport bags and duffle bags; reusable plastic water bottles sold empty, sports drink shaker plastic bottles for mixing water and nutritional supplements	Filed on. May 14, 2013	USPTO Office Action issued on Sep. 06, 2013 citing the following prior registrations as a bar to registration: U.S. Registration Nos. 1441259, 1469121, 2769349, 3060155, 3284092, 3683822 and 3696469 We re-filed the application for NEXT STEP to avoid potential issues with the cited registrations to remove


No.	XXXX APPLICATION No. REGISTRATION No.	GOODS/SERVICES	APPLICATION DATE / REGISTRATION DATE	STATUS / NEXT DUE DATE
		sold empty; squeeze bottles sold empty; sporting goods, weight training and exercise equipment, namely, resistance bands to attach on doors, resistance bands for individual workouts, waist trimmer belts, jump ropes, weight lifting gloves, resistance and exercise balls, chin-up bars and pull-up bars		Response due March 6, 2014. Response filed. USPTO issued a Letter of Suspension pending the disposition of a prior pending application.

27.	TECH X PRE-EFFECT U.S. Application Serial No. 85930257	Class 05 - Vitamins; vitamin, mineral, dietary and nutritional supplements; dietary and nutritional supplements, drink mixes and drink powders for sports nutrition, body building, muscle gain and training; and dietary supplement drinks, namely, nutritional supplement for bodybuilding Class 32 - Sports drinks, namely, performance drinks, energy drinks and sports drinks enhanced with vitamins, minerals and nutrients	Filed on. May 13, 2013	USPTO Office Action issued on Sep. 05, 2013 requesting amendment of the recitation of goods and services and amendment to disclaimer. Response due in March 5, 2014 USPTO also requested a disclaimer of TECH; however, we believe that TECH is not descriptive of non-medical or pharmaceutical products. Response filed. Published for Opposition on May 20, 2014.


No.	XXXX APPLICATION No. REGISTRATION No.	GOODS/SERVICES	APPLICATION DATE / REGISTRATION DATE	STATUS / NEXT DUE DATE
				Notice of Allowance issued on July 15, 2014. Statement of Use due January 15, 2015.

28.	BODYTECH U.S. Application Serial No. 85828710	Class 05 - vitamins; vitamin, mineral, dietary and nutritional supplements; dietary and nutritional supplement for sports nutrition, body building, muscle gain and training; and nutritional drink mixes and powders for use as a meal replacement	Filed on January 22, 2013	Notice of Allowance issued on Aug. 13, 2013 Statement of Use due February 13, 2015. We need to confirm whether VS uses Blue logo with blue letters or white letters.

29.	BODYTECH U.S. Application Serial No. 85821158 U.S. Registration No. 4526654	Class 05 - vitamins; vitamin, mineral, dietary and nutritional supplements; dietary and nutritional supplement for sports nutrition, body building, muscle gain and training; and nutritional drink mixes and powders for use as a meal replacement	Filed on January 11, 2013	Registered on May 6, 2014


No.	XXXX APPLICATION No. REGISTRATION No.	GOODS/SERVICES	APPLICATION DATE / REGISTRATION DATE	STATUS / NEXT DUE DATE
30.	PROBIOCARE U.S. Application Serial No. 85777781	Class 05 - vitamins; vitamin and mineral supplements; dietary and nutritional supplements	Filed on November 13, 2012.	Request for Reconsideration and Appeal to TTAB filed on February 5, 2014 Petition to Cancel filed against BIOCARE on February 5, 2014. Prepared draft Co-existence Agreement. BIOCARE requested a quid pro quo in granting the consent. VS will carry some BIOCARE products in exchange for a consent.

31.	U.S. Application Serial No. 85651957	Class 03 - Non-medicated skin care preparations, hair shampoos and bath and shower gels; facial and body soaps, scrubs, cleansers, creams and gels; foot scrubs, creams, lotions and deodorant sprays and massage oils, massage gels other than for medical purposes, massage lotions and creams; essential oils for personal use in aromatherapy Class 05 - Vitamins; vitamin, mineral, dietary and nutritional supplements; dietary and nutritional supplement for sports nutrition, body building, muscle gain and training; and dietary supplement drinks, namely, nutritional supplement for bodybuilding; complementary and alternative medicine products, namely, aromatherapy oils, other than essential oils, for treating stress, insomnia, headaches, anxiety and nausea	Filed on June 14, 2012.	Notice of Allowance issued on May 7, 2013 Statement of Use due November 7, 2014. In order to file the Statement of Use, please provide the following information: 1. Please confirm that the xxxx is used on each of the listed items in each class. If not, please advise which goods/services are in current use;

No.

XXXX

APPLICATION No.
REGISTRATION No.

GOODS/SERVICES

APPLICATION DATE /
REGISTRATION DATE

STATUS /

NEXT DUE DATE

and improving and enhancing mood and well-being; aromatherapy lotions for treating stress, insomnia, headaches, anxiety and nausea and improving and enhancing mood and well-being; aromatherapy bath oils other than essential oils, for treating stress, insomnia, headaches, anxiety and nausea and improving and enhancing mood and well-being; aromatherapy creams for treating joint and muscle pain; aromatherapy creams and gels, lotions, sprays for treating stress, insomnia, headaches, anxiety and nausea and improving and enhancing mood and well-being

Class 16 - Catalogs, newsletters and magazines in the field of vitamins, nutritional supplements, complementary and alternative medicine products, books, herbal products, aromatherapy products, bath and shower products, skin treatment creams and related items

Class 32 - Sports drinks, namely, performance drinks, energy drinks and sports drinks enhanced with vitamins, minerals and nutrients

Class 35 - Retail store services, mail order catalog services and online retail store services provided via a global computer network featuring vitamins, nutritional supplements, complementary and alternative medicine products, books, herbal products, aromatherapy products, bath and shower products, health and beauty products, skin treatment creams, and related items; providing incentive award programs for customers through issuance and processing of loyalty

2. Provide a specimen demonstrating use of the xxxx for at least one item per class; and

3. Provide the date of first use for each class of goods/service.


No.	XXXX APPLICATION No. REGISTRATION No.	GOODS/SERVICES	APPLICATION DATE / REGISTRATION DATE	STATUS / NEXT DUE DATE
		coupons for frequent use of participating businesses; and promoting public awareness of the need for beneficial and nutritious lifestyles and taking daily vitamins and supplement via an in-store program Class 44 - Providing a web site featuring information on health, nutrition, dietary and nutritional guidance, weight reduction and diet planning; providing information about dietary supplements, vitamins and nutrition via an in-store program; providing information about taking daily vitamins and supplements in order to enable beneficial and nutritious lifestyles via an in-store program

32.	MYTRITION U.S. Registration No. 4419460	Class 05 - Vitamins; vitamin, mineral, dietary and nutritional supplements; dietary and nutritional supplement for sports nutrition, body building, muscle gain and training; and nutritional supplement bodybuilding and sports nutrition drinks	Registered on October 15, 2013	Declaration of Use due between October 15, 2017 and 2018

33.	HELLO DAY U.S. Application Serial No. 85646807	Class 05 - Vitamins; vitamin, mineral, dietary and nutritional supplements; dietary and nutritional supplement for sports nutrition, body building, muscle gain and training; and nutritional supplement bodybuilding and sports nutrition drinks	Filed on June 8, 2012	Notice of Allowance issued on March 12, 2013. SOU Extension filed & accepted. Statement of Use due March 12, 2015.

34.	READY GO U.S. Application Serial No. 85646826	Class 05 - Vitamins; vitamin, mineral, dietary and nutritional supplements; dietary and nutritional supplement for sports nutrition, body building, muscle gain and training; and nutritional supplement bodybuilding and sports nutrition drinks	Filed on June 8, 2012	Notice of Allowance issued on July 2, 2013. Statement of Use due January 2, 2015.


No.	XXXX APPLICATION No. REGISTRATION No.	GOODS/SERVICES	APPLICATION DATE / REGISTRATION DATE	STATUS / NEXT DUE DATE
35.	CALM ZONE MAGNESIUM U.S. Application Serial No. 85642012 U.S. Registration No. 4530185	Class 05 - vitamins; vitamin, mineral, dietary and nutritional supplements all containing magnesium	Filed on June 4, 2012.	Registered on May 13, 2014

36.	K FREE MULTIVITAMINS U.S. Registration No. 4359408	Class 05 - Vitamins; vitamin, mineral, dietary and nutritional supplements	Registered – Supplemental Register - June 25, 2013	Declaration of Use due by June 25, 2019.

37.	PROSTAX100 U.S. Application Serial No. 85529505	Class 05 - Vitamins; vitamin, mineral, dietary and nutritional supplements; dietary and nutritional supplement for sports nutrition, body building, muscle gain and training; nutritional supplement bodybuilding and sports nutrition drinks.	Filed on January 31, 2012	Statement of Use due February 21, 2014. Extension filed – Statement of Use due February 21, 2015.

38.	NUTRITION DEPOT U.S. Application Serial No. 85575560	Class 05 - Vitamins; vitamin, mineral, dietary and nutritional supplements; dietary and nutritional supplement for sports nutrition, body building, muscle gain and training; nutritional supplement bodybuilding drink. Class 35 - Online retail store services provided via a global computer network featuring vitamins, nutritional supplements, complementary and alternative medicine products, books, herbal products, aromatherapy products, bath and shower products, health and beauty products, skin treatment creams, and related items.	Filed on March 21, 2012	Notice of Allowance issued on October 2, 2012. SOU Extension filed. Statement of Use due October 2, 2014. Used on Class 35. Please confirm use on Class 05 or whether we should delete Class 05


No.	XXXX APPLICATION No. REGISTRATION No.	GOODS/SERVICES	APPLICATION DATE / REGISTRATION DATE	STATUS / NEXT DUE DATE
39.	U.S. Registration No. 4278959	Class 05 - Vitamins; vitamin, mineral, dietary and nutritional supplements; dietary and nutritional supplement for sports nutrition, body building, muscle gain and training; nutritional supplement bodybuilding drink	Registered on January 22, 2013	Declaration of Use due by January 22, 2019.

40.	TRUE ATHLETE U.S. Application Serial No. 85600782	Class 25 – Clothing, namely, t-shirts, sweatshirts, shirts, tops, shorts, sweatpants, jackets, wind resistant jackets, warm-up suits, sports pants, sports shirts, hats, sweatbands and caps	Filed on April 18, 2012.	Opposition filed by Xxxxxx Archangel. Settlement Agreement sent to counsel. November 22, 2014 deadline to Answer. Extension Filed.

41.	TRUE ATHLETE U.S. Application Serial No. 85344271	Class 18 – Gym bags, sport bags and duffle bags Class 21 – Reusable plastic water bottles sold empty, sports drink shaker plastic bottles for mixing water and nutritional supplements sold empty; squeeze bottles sold empty	Filed on June 13, 2011	Notice of Allowance issued on October 18, 2011. Statement of Use due October 18, 2014 – NO FURTHER EXTENSIONS.


No.	XXXX APPLICATION No. REGISTRATION No.	GOODS/SERVICES	APPLICATION DATE / REGISTRATION DATE	STATUS / NEXT DUE DATE
		Class 28 – Sporting goods, weight training and exercise equipment, namely, resistance bands to attach on doors, resistance bands for individual workouts, waist trimmer belts, jump ropes, weight lifting gloves, resistance and exercise balls, chin-up bars and pull-up bars

42.	NATURALLY DRIVEN U.S. Registration No. 4081398	Class 05 – Vitamins and vitamin, mineral, dietary and nutritional supplements.	Registered on January 3, 2012	Declaration of Use due by January 3, 2018.

43.	TRUE ATHLETE NATURALLY DRIVEN U.S. Registration No. 4081397	Class 05 – Vitamins and vitamin, mineral, dietary and nutritional supplements.	Registered on January 3, 2012	Declaration of Use due by January 3, 2018.

44.	TRUE ATHLETE U.S. Registration No. 4057133	Class 05 – Vitamins and vitamin, mineral, dietary and nutritional supplements	Registered on November 15, 2011	Declaration of Use due by November 15, 2017.

45.	SIMPLY SMART U.S. Application Serial No. 85534631	Class 05 – Vitamins; vitamin, mineral, dietary and nutritional supplements; dietary and nutritional supplement for sports nutrition, body building, muscle gain and training; nutritional supplement bodybuilding drink	Filed on February 6, 2012	Notice of Allowance issued on October 2, 2012. Statement of Use due by October 2, 2014.

46.	HEALTH ENTHUSIAST U.S. Application Serial No. 85440600 U.S. Registration No. 4270680	Class 35 – Retail store services, mail order catalog services and online retail store services provided via a global computer network featuring vitamins, nutritional supplements, complementary and alternative medicine products, books, herbal products, aromatherapy products, bath and shower products, health and beauty products, skin treatment creams and related items; Customer services, namely, providing customer service and product inquiry services in-store and via telephone and e-mail; customer service in the fields of vitamins, nutritional supplements, complementary and	Registered on January 8, 2013	Declaration of Use due by January 8, 2019.


No.	XXXX APPLICATION No. REGISTRATION No.	GOODS/SERVICES	APPLICATION DATE / REGISTRATION DATE	STATUS / NEXT DUE DATE
		alternative medicine products, books, herbal products, aromatherapy products, bath and shower products, health and beauty products, skin treatment creams and related items.

47.	NUTRITION DEPOT U.S. Registration No. 2916393	Class 35 – Retail store and mail order catalog services featuring vitamins, mineral preparations, dietary and food supplements, health food products, and books.	Registered on January 4, 2005	Renewal due between January 4, 2014 and 2015. Filed & Accepted. Renewal due between January 4, 2024 and 2025.

48.	JOINT VITALITY U.S. Application Serial No. 85071988	Class 05 - Vitamins; vitamin, mineral, dietary and nutritional supplements	US Application filed on June 25, 2010.	Opposed by Melaleuca Abandoned with prejudice

49.	PRIMALPRO U.S. Application Serial No. 85211829 U.S. Registration No. 4039828	Class 05 - Vitamins and vitamin, mineral, dietary and nutritional supplements.	Registered on October 11, 2011	Declaration of Use due by October 11, 2017.

50.	RESERVIE U.S. Application Serial No. 85158876 U.S. Registration No. 4023878	Class 05 - Vitamins and vitamin, mineral, dietary and nutritional supplements.	Registered on September 6, 2011.	Declaration of Use due by September 6, 2017.


No.	XXXX APPLICATION No. REGISTRATION No.	GOODS/SERVICES	APPLICATION DATE / REGISTRATION DATE	STATUS / NEXT DUE DATE
51.	ELECTROLYTE FIZZ U.S. Application Serial No. 85164185 U.S. Supplemental Registration No. 4027248	Supplemental Register Class 05 - Nutritional drink mixes containing electrolytes for use as a meal replacement; nutritional supplement drink mixes containing electrolytes in powdered, capsule and tablet form; meal replacement and dietary supplement drink mixes containing electrolytes; vitamins containing electrolytes; vitamin, mineral, dietary and nutritional supplements containing electrolytes	U.S. Supplemental Registration No. 4027248, issued on September 13, 2011.	Declaration of Use due by September 13, 2017.

52.	DIGEST EXTRA U.S. Registration No. 4010359	Class 05 - Vitamins and vitamin, mineral, dietary and nutritional supplements.	Registered on August 9, 2011.	Declaration of Use due by August 9, 2017.

53.	CRITICAL AMINOS XT U.S. Registration No. 4010235	Class 05 - Vitamins and vitamin, mineral, dietary and nutritional supplements featuring amino acids	Registered on August 9, 2011.	Declaration of Use due by August 9, 2017.

54.	U.S. Registration No. 3186751	Class 16 - Catalogs, newsletters and magazines featuring vitamins, nutritional supplements, complementary and alternative medicine products, books, herbal products, aromatherapy products, bath and shower products, skin treatment creams and related items	Registered on December 19, 2006	Renewal due between December 19, 2015 and 2016.

55.	U.S. Registration No. 3183591	Class 35 - Retail store services, mail order catalog services and online retail store services provided via a global computer network featuring vitamins, nutritional supplements, complementary and alternative medicine products, books, herbal products, aromatherapy products, bath and shower products, health and beauty products, skin treatment creams, and related items	Registered on December 19, 2006	Renewal due between December 19, 2015 and 2016.


No.	XXXX APPLICATION No. REGISTRATION No.	GOODS/SERVICES	APPLICATION DATE / REGISTRATION DATE	STATUS / NEXT DUE DATE
56.	U.S. Registration No. 3241641	Class 03 - Non-medicated skin treatment creams, hair shampoos and bath and shower gels; aromatherapy oils and lotions; aromatherapy bath oils; facial and body soaps, scrubs, cleansers, creams and gels; foot scrubs, creams, lotions, sprays and gels; and massage oils, gels, lotions and creams. Class 05 - Vitamins and vitamin, mineral, dietary and nutritional supplements; Complementary and alternative medicine products, namely, aromatherapy oils and lotions, aromatherapy bath oils, joint creams, scrubs, cleansers, creams and gels, foot scrubs, creams, lotions, sprays and gels and massage oils, gels, lotions and creams	Registered on May 15, 2007	Renewal due between May 15, 2016 and 2017.

57.	BODYTECH U.S. Registration No. 3292359	Class 35 - Retail store services, mail order catalog services and online retail store services provided via a global computer network featuring vitamins, nutritional supplements, complementary and alternative medicine products, books, herbal products, aromatherapy products, bath and shower products, health and beauty products, skin treatment creams, and related items	Registered on September 11, 2007 Cancelled – April 18, 2014	Declaration of Use due by September 11, 2013. Six Month grace period end March 11, 2014 VS advised not in use. Cancelled – April 18, 2014

58.	BODYTECH U.S. Registration No. 2872484	Class 05 - Dietary and nutritional supplements	Registered on August 10, 2004	Renewal due between August 10, 2023 and 2024.

59..	PRIMALJAX U.S. Registration No. 3952545, issued on April 26, 2011	Class 05 - Vitamins; vitamin, mineral, dietary and nutritional supplements and muscle building supplements	Registered on April 26, 2011.	Declaration of Use between April 26, 2016 and 2017.


No.	XXXX APPLICATION No. REGISTRATION No.	GOODS/SERVICES	APPLICATION DATE / REGISTRATION DATE	STATUS / NEXT DUE DATE
60.	BREATH PEP U.S. Registration No. 3948990	Registered	Registered on April 19, 2011	Declaration of Use between April 19, 2016 and 2017.

61.	AMERICA’S HEALTH SUPERSTORE U.S. Supplemental Registration No. 3030896	VSI owns a Supplemental Registration for the xxxx for retail store services, mail order catalog services and online retail store services provided via a global computer network featuring vitamins, nutritional supplements, complementary and alternative medicine products, books, herbal products, aromatherapy products, bath and shower products, skin treatment creams and related items.	Registered on December 13, 2005	Renewal due between December 13, 2014 and 2015.

62.	AMAZING WELLNESS U.S. Registration No. 3935082	USPTO issued Notice of Allowance on February 16, 2010. Class 16 – Printed publications, namely, magazines in the fields of health, nutrition, diet, fitness and exercise Class 41 – Providing on-line magazines in the fields of health, nutrition, diet, fitness and exercise and providing information in the fields of fitness and exercise via a web site Class 44 – Providing a web site featuring information on health, nutrition, dietary and nutritional guidance; weight reduction and diet planning	Registered on March 22, 2011	Declaration of Use due between March 22, 2016-2017.

63.	AMAZING WELLNESS U.S. Registration No. 4050886	Class 44 – Providing a web site featuring information on health, nutrition, dietary and nutritional guidance; weight reduction and diet planning	Registered on November 1, 2011	Declaration of Use between November 1, 2016 and 2017.

64.	ECO SHOPPE (WORD XXXX) U.S. Registration No. 3407529	Class 35 – On-line retail store services featuring nutritional and dietary supplements, clothing, air filters, water filters, personal care products, toiletries, home furnishings, mattresses, bedding, gardening supplies, books, audio tapes, CDs, DVDs, household appliances and allergy care products;	Registered on April 1, 2008.	Renewal due between April 1, 2017 and 2018.


No.	XXXX APPLICATION No. REGISTRATION No.	GOODS/SERVICES	APPLICATION DATE / REGISTRATION DATE	STATUS / NEXT DUE DATE
		Retail stores featuring nutritional and dietary supplements, clothing, air filters, water filters, personal care products, toiletries, home furnishings, mattresses, bedding, gardening supplies, books, audio tapes, CDs, DVDs, household appliances and allergy care products; Mail order services featuring nutritional and dietary supplements, clothing, air filters, water filters, personal care products, toiletries, home furnishings, mattresses, bedding, gardening supplies, books, audio tapes, CDs, DVDs, household appliances and allergy care products.

65.	HYDROTHERM U.S. Registration No. 3190036	Class 05 – Vitamins and dietary, mineral and nutritional supplements.	Registered on December 26, 2006	Sections 8/15 Filed & Accepted. Renewal due between December 26, 2015 and 2016.

66.	ULTIMATE MEMORYAID U.S. Registration No. 3001345	Class 05 – Vitamins and dietary, mineral and nutritional supplements.	Registered on September 27, 2005	Sections 8/15 Filed & Accepted. Renewal due between September 27, 2014 and 2015.

67.	HEALTHY AWARDS U.S. Registration No. 3133952	Class 35 – Retail store services, mail order catalog services and online retail store services provided via a global computer network featuring vitamins, nutritional supplements, books, herbal products, aroma therapy products, bath and shower gels, skin treatment creams and related items; promoting the sale of retail store services, mail order catalog services and online retail store services provided via a global computer network featuring vitamins, nutritional supplements, books, herbal products, aroma therapy products, bath and shower gels, skin treatment creams and related items through the administration of a customer incentive award program	Registered on August 22, 2006	Sections 8/15 Filed & Accepted. Renewal due between August 22, 2015 and 2016.


No.	XXXX APPLICATION No. REGISTRATION No.	GOODS/SERVICES	APPLICATION DATE / REGISTRATION DATE	STATUS / NEXT DUE DATE
68.	HEALTHY AWARDS U.S. Registration No. 3572000	Class 16 – Publications, namely, magazines featuring information on health, wellness, vitamins and supplements.	Registered on February 10, 2009	Sections 8/15 due between February 10, 2014 and 2015. Please send a digital image of a HEALTHY AWARDS MAGAZINE.

69.	DAILY VM CAPS U.S. Registration No. 1857466	Class 05 – Vitamins and nutritional supplements	Registered on October 11, 1994	Renewal accepted. Renewal due between October 11, 2023 and 2024.

70.	THE VITAMIN SHOPPE U.S. Registration No. 2481640	Class 03 – Non-medicated skin treatment creams, hair shampoos and bath and shower gels; and aromatherapy oils. Class 05 – Vitamins, vitamin and mineral supplements, and nutritional supplements	Registered on August 28, 2001	Renewal accepted. Renewal due between August 28, 2020 and 2021.

71.	THE VITAMIN SHOPPE U.S. Registration No. 2481906	Class 35 – Retail store services, mail order catalog services and online retail store services provided via a global computer network featuring vitamins, nutritional supplements, books, herbal products, aromatherapy products, bath and shower products, skin treatment creams, and related items.	Registered on August 28, 2001	Renewal accepted. Renewal due between August 28, 2020 and 2021.


No.	XXXX APPLICATION No. REGISTRATION No.	GOODS/SERVICES	APPLICATION DATE / REGISTRATION DATE	STATUS / NEXT DUE DATE
72.	U.S. Registration No. 2737734	Class 03 – Non-medicated skin treatment creams, hair shampoos and bath and shower gels; complementary and alternative medicine products, namely, aromatherapy oils and lotions, aromatherapy bath oils, joint creams, facial and body soaps, scrubs, cleansers, creams and gels, foot scrubs, creams, lotions, sprays and gels and massage oils, gels, lotions and creams. Class 05 – Vitamins and vitamin, mineral and nutritional supplements. Class 16 – Catalogs featuring vitamins, nutritional supplements, complementary and alternative medicine products, books, herbal products, aromatherapy products, bath and shower products, skin treatment creams, and related items.	Registered on July 15, 2003	Renewal accepted. Renewal due between July 15, 2022 and 2023.

73.	U.S. Registration No. 2737735	Class 35 – Retail store services, mail order catalog services and online retail store services provided via a global computer network featuring vitamins, nutritional supplements, complementary and alternative medicine products, books, herbal products, aromatherapy products, bath and shower products, skin treatment creams, and related items	Registered on July 15, 2003	Renewal accepted. Renewal due between July 15, 2022 and 2023.

74.	ADVANCED BRAIN SHARP U.S. Registration No. 3294542	Class 05 – Vitamins and dietary, mineral and nutritional supplements	Registered on September 18, 2007	Sections 8/15 Filed & Accepted. Renewal due between September 18, 2017 and 2018.

75.	MIRACLE FIBER U.S. Registration No. 3294544	Class 05 – Vitamins and dietary, mineral and nutritional supplements	Registered on September 18, 2007	Sections 8/15 Filed & Accepted Renewal due between September 18, 2017 and 2018.


No.	XXXX APPLICATION No. REGISTRATION No.	GOODS/SERVICES	APPLICATION DATE / REGISTRATION DATE	STATUS / NEXT DUE DATE
76..	ADVANCED SYSTEMIC ENZYMES U.S. Registration No. 3294545	Class 05 – Vitamins and dietary, mineral and nutritional supplements	Registered on September 18, 2007 Cancelled	Sections 8/15 due between September 18, 2012 and 2013. Grace period ends March 18, 2014. Not in use.

77.	ADVANCED SUGAR SUPPORT U.S. Registration No. 3294546	Class 05 – Vitamins and dietary, mineral and nutritional supplements	Registered on September 18, 2007 Cancelled	Sections 8/15 due between September 18, 2012 and 2013. Grace period ends March 18, 2014 Not in use.

78.	TETRABOLIC U.S. Registration No. 3294548	Class 05 – Vitamins and dietary, mineral and nutritional supplements	Registered on September 18, 2007 Cancelled	Sections 8/15 due between September 18, 2012 and 2013. Grace period ends March 18, 2014. Not in use.

79.	ULTIMATE MAN LIQUITHERM U.S. Registration No. 3349211	Class 05 – Vitamins and dietary, mineral and nutritional supplements	Registered on December 4, 2007	Sections 8/15 Filed & Accepted. Renewal due between December 4, 2016 and 2017.


No.	XXXX APPLICATION No. REGISTRATION No.	GOODS/SERVICES	APPLICATION DATE / REGISTRATION DATE	STATUS / NEXT DUE DATE
80.	ULTIMATE MAN ELITE U.S. Registration No. 3349216	Class 05 – Vitamins and dietary, mineral and nutritional supplements	Registered on December 4, 2007	Sections 8/15 Filed & Accepted. Renewal due between December 4, 2016 and 2017.

81.	ANSWERS FOR EVERY BODY U.S. Registration No. 3477629	Class 35 – Retail store services, mail order catalog services and online retail store services provided via a global computer network featuring vitamins, nutritional supplements, complementary and alternative medicine products, books, herbal supplements, aromatherapy products, bath and shower products, health and beauty products, skin treatment creams and related items. Class 44 – providing information via a web site on vitamins, nutritional supplements, herbal supplement, aromatherapy creams, aromatherapy lotions, aromatherapy oils, non-medicated bath and shower products, body and beauty care, skin creams and cosmetics	Registered on July 29, 2008	Sections 8/15 Filed & Accepted. Renewal due between July 29, 2017 and 2018.

82.	THE SUPREME VITAMIN C U.S. Registration No. 3644115	Class 05 – Vitamins and vitamin, mineral, dietary and nutritional supplements	Registered on June 23, 2009	Sections 8/15 due between June 23, 2014 and 2015. Sections 8/15 Filed & Accepted. Renewal due between June 23, 2018 and 2019.

83.	SO GOOD . . . NATURALLY U.S. Registration No. 3788223	Class 29 - Trail mixes composed primarily of roasted nuts, processed edible seeds and dried and processed vegetables and fruits. Class 30 - trail mixes consisting primarily of breadsticks, crackers and/or pretzels	Registered on May 11, 2010	Sections 8/15 due between May 11, 2015 and 2016.


No.	XXXX APPLICATION No. REGISTRATION No.	GOODS/SERVICES	APPLICATION DATE / REGISTRATION DATE	STATUS / NEXT DUE DATE
84.	U.S. Registration No. 3829174	Class 29 – Trail mixes composed primarily of roasted nuts, processed edible seeds and dried and processed vegetables and fruits. Class 30 – Trail mixes consisting primarily of breadsticks, crackers and/or pretzels	Registered on August 3, 2010	Sections 8/15 due between August 3, 2015 and 2016.

85.	ACTIVE-C U.S. Registration No. 3692565	Class 05 – Vitamins and vitamin, mineral, dietary and nutritional supplements	Registered on May 18, 2010	Sections 8/15 due between May 18, 2015 and 2016.

86.	TRI-SCORB U.S. Registration No. 3789496	Class 05 – Vitamins and vitamin, mineral, dietary and nutritional supplements	Registered on October 6, 2009	Sections 8/15 due between October 6, 2014 and 2015.

87.	MUSCLE & PERFORMANCE U.S. Supplemental Registration No. 3735487	Class 16 – Publications, namely, magazines in the fields of health, nutrition, diet, fitness and exercise. Class 41 – Providing on-line magazines in the fields of health, nutrition, diet, fitness and exercise and providing information in the fields of health, nutrition, diet, fitness and exercise via a web site.	Registered on January 5, 2010	Sections 8/15 due between January 5, 2015 and 2016. File Principal Registration.

88.	BERRYZYMES U.S. Registration No. 3895057	Class 05 – Vitamins and vitamin, mineral, dietary and nutritional supplements	Registered on December 21, 2010	Sections 8/15 due between December 21, 2015 and 2016.


No.	XXXX APPLICATION No. REGISTRATION No.	GOODS/SERVICES	APPLICATION DATE / REGISTRATION DATE	STATUS / NEXT DUE DATE
89.	BREATHPEP U.S. Registration No. 3948990	Class 03 – Personal care products, namely, non-medicated mouthspray for use as a breath freshener and to alleviate dry mouth, breath freshener and essential oils for personal use	Registered on April 19, 2011	Sections 8/15 due between April 19, 2016 and 2017.

90.	WE TAKE VITAMINS SERIOUSLY U.S. Registration No. 2967041	Class 35 – Retail store services, mail order catalog services and online retail store services provided via a global computer network featuring vitamins, nutritional supplements, books, herbal products, aroma therapy products, bath and shower gels, skin treatment creams and related items	Registered on July 12, 2005	Renewal Filed & Accepted Renewal due between July 12, 2024 and 2025.

91.	M.D. SELECT U.S. Registration No. 3266448	Class 05 – Vitamins and vitamin, mineral, dietary and nutritional supplements	Registered on July 17, 2007 Cancelled	Sections 8/15 due between July 17, 2012 and 2013. Instructed to let lapse.

92.	ULTIMATE MAN U.S. Registration No. 3378676	Class 05 – Vitamins and vitamin, mineral, dietary and nutritional supplements	Registered on February 5, 2008	Sections 8/15 Filed & Accepted Renewal due between February 5, 2017 and 2018.

93.	ULTIMATE WOMAN U.S. Registration No. 3373042	Class 05 – Vitamins and vitamin, mineral, dietary and nutritional supplements	Registered on January 22, 2008	Sections 8/15 Filed & Accepted Renewal due between January 22, 2017 and 2018.

94.	PRO-PUDDING U.S. Registration No. 3300183	Class 05 – Vitamin, dietary and nutritional supplements, namely, a protein powder pudding mix.	Registered on September 25, 2007 Cancelled	Sections 8/15 due between September 25, 2012 and 2013. Grace period ends March 25, 2014 Not in use.

No.

XXXX

APPLICATION No.
REGISTRATION No.

GOODS/SERVICES

APPLICATION DATE /
REGISTRATION DATE

STATUS /

NEXT DUE DATE

95.

LOGO

U.S. Registration No. 3339971

Class 35 - Retail store and mail order catalog services featuring vitamins, mineral preparations, dietary and food supplements, health food products, and books; computerized online ordering services in the fields of vitamins, mineral preparations, dietary and food supplements, and health food products.

Registered on November 20, 2007

Sections 8/15 Filed & Accepted

Renewal due between November 20 2016 and 2017

THE FOLLOWING ARE A LIST OF ABANDONED OR CANCELLED MARKS:


No.	Serial Number	Reg. Number	Word Xxxx	Live/Dead
1	85289208		CORE OMEGA 3 MULTIVITAMINS ANTIOXIDANT HEALTH GOALS	DEAD
2	78959324	3300183	PRO-PUDDING	DEAD
3	78959402	3292359	BODYTECH	DEAD
4	78856280	3266448	M.D. SELECT	DEAD
5	78540976	3240480	CAMPGROUND LAKE	DEAD
6	78736871	3137287	NITROJACK	DEAD
7	78541651	3137045	ISLAND PASSION	DEAD
8	78935655		FIBER-GONE	DEAD
9	78885420		WE TAKE YOUR HEALTH SERIOUSLY	DEAD
10	78723214		AIRBOOST	DEAD
11	78709840		OPTI-GLO	DEAD
12	78620257		KYLA	DEAD
13	78585155		NATURAL AVALON	DEAD
14	78545353		WILD HARVEST	DEAD
15	78426844		CARB CIRCLE	DEAD
16	77623841		ECO SHOPPE	DEAD
17	77623776		ECO SHOPPE	DEAD
18	77694994		ECO SHOPPE GREEN IDEAS FOR HEALTHY LIVING	DEAD
19	77035113	3294548	TETRABOLIC	DEAD
20	77024953	3294545	ADVANCED SYSTEMIC ENZYMES	DEAD
21	77020587	3294541	ADVANCED LONGEVITY FORMULA	DEAD
22	77265964		ARMORFLEX	DEAD
23	77100193		WILD VALLEY	DEAD
24	77062669		GREEN LIFE	DEAD
25	77060143		ULTIMATE WOMAN LIQUID SCULPT	DEAD
26	75637441		VITAMINBUZZ	DEAD
27	75308990		VS	DEAD
28	75233109	2217734	SPORTS NUTRITION DEPOT	DEAD
29	74522544	1900301	RN’R REST AND RELAX	DEAD
30	74520313	1894800	GUGGACIN COMPLEX	DEAD
31	74458651	1861583	FRESH & NEW	DEAD
32	74444347	1979989	H	DEAD
33	74358629	1870312	SHN	DEAD
34	74358628	1890391	LIPO-VITE COMPLEX	DEAD
35	74354836	1875772	FRESH & NEW THE VITAMIN SHOPPE	DEAD


36	74291086	1764455	BEAUTIFUL TIMES	DEAD
37	74291085	1826309	HEALTHY TIMES YOUR CONNECTION TO GOOD HEALTH	DEAD
38	73711329	1510646	THE VITAMIN SHOPPE	DEAD
39	73709389	1506651	THE VITAMIN SHOPPE	DEAD
40.	85071988		JOINT VITALITY	DEAD

MARKS HANDLED BY XXXXX & CEPURITIS, LTD.


No.	XXXX	GOODS/SERVICES	APPLICATION DATE / REGISTRATION DATE
1.	V VITAPATH U.S. Application Serial No. 85779342	Class 03 - Non-medicated skin treatment creams, hair shampoos and bath and shower gels; complementary and alternative medicine products, namely, joint creams; facial and body soaps, scrubs, cleansers, creams and gels; foot scrubs, creams, lotions, sprays and gels and massage oils, gels, lotions and creams; breath fresheners Class 05 - Vitamins; vitamin and mineral supplements; dietary and nutritional supplements; medicated skin treatment creams; complementary and alternative medicine products, namely, aromatherapy oils and lotions, and aromatherapy bath oils for relaxation, stress relief, calming, energizing, clearing, rejuvenation, and inspiration Class 21 – Personal pill organizers and dispensers; cases for pills sold empty for personal use Class 35 - Retail store services, mail order catalog services and online retail store services provided via a global computer network all featuring vitamins, vitamin, mineral, dietary and nutritional supplements, teas, foods and beverages; sports and performance drinks; complementary and alternative medicine products, books, herbal products, aromatherapy products, bath and shower products, skin treatment creams, and related items; pet food and pet products Class 44 - Education services, namely, providing on-line information in the fields of health and nutrition	Filed on November 14, 2012. Notice of Allowance issued on April 30, 2013. Extension filed on November 30, 2013. Statement of Use due November 30, 2014.

2.	V VITAPATH EVERY BODY MATTERS U.S. Application Serial No. 85779257	Class 03 - Non-medicated skin treatment creams, hair shampoos and bath and shower gels; complementary and alternative medicine products, namely, joint creams; facial and body soaps, scrubs, cleansers, creams and gels; foot scrubs, creams, lotions, sprays and gels and massage oils, gels, lotions and creams; breath fresheners	Filed on November 14, 2012.


No.	XXXX	GOODS/SERVICES	APPLICATION DATE / REGISTRATION DATE
		Class 44 – Education services, namely, providing on-line information in the fields of health and nutrition

6.	V THE VITAMINSHOPPE U.S. Application Serial No. 85768497	Class 03 – Non-medicated skin treatment creams, hair shampoos and bath and shower gels; complementary and alternative medicine products, namely, joint creams; facial and body soaps, scrubs, cleansers, creams and gels; foot scrubs, creams, lotions, sprays and gels and massage oils, gels, lotions and creams; breath fresheners Class 05 – Vitamins; vitamin and mineral supplements; dietary and nutritional supplements; medicated skin treatment creams; complementary and alternative medicine products, namely, aromatherapy oils and lotions, and aromatherapy bath oils for relaxation, stress relief, calming, energizing, clearing, rejuvenation, and inspiration Class 21 – Personal pill organizers and dispensers; cases for pills sold empty for personal use Class 35 – Retail store services, mail order catalog services and online retail store services provided via a global computer network all featuring vitamins, vitamin, mineral, dietary and nutritional supplements, teas, foods and beverages; sports and performance drinks; complementary and alternative medicine products, books, herbal products, aromatherapy products, bath and shower products, skin treatment creams, and related items; pet food and pet products Class 44 – Education services, namely, providing on-line information in the fields of health and nutrition	Filed on October 31, 2012. USPTO Office Action issued on June 26, 2014. Response due December 26, 2014.

7.	V THE VITAMINSHOPPE U.S. Application Serial No. 85768371	Class 03 – Non-medicated skin treatment creams, hair shampoos and bath and shower gels; complementary and alternative medicine products, namely, joint creams;	Filed on October 31, 2012.


No.	XXXX	GOODS/SERVICES	APPLICATION DATE / REGISTRATION DATE
9.	ELEMENTS FOR HAIR, SKIN, NAILS U.S. Application Serial No. 85768478	Class 05 – Vitamins; vitamin and mineral supplements; dietary and nutritional supplements	Filed on November 14, 2012. Notice of Allowance issued on May 7, 2013. Statement of Use filed on November 7, 2013. SOU due on November 7, 2014.

10.	VITA GROOVES U.S. Application Serial No. 85885635	Class 09 – compact discs featuring music	Filed on March 25, 2013. Notice of Allowance issued on July 30, 2013. Statement of Use filed on January 30, 2014. SOU Office Action issued on March 2, 2014. Response due September 2, 2014 due to Title of a Single Work. Statement of Use accepted on September 26, 2014

11.	EVERY BODY MATTERS U.S. Application Serial No. 85727922	Class 03 - Non-medicated skin treatment creams, hair shampoos and bath and shower gels; complementary and alternative medicine products, namely, joint creams; facial and body soaps, scrubs, cleansers, creams and gels; foot scrubs, creams, lotions, sprays and gels and massage oils, gels, lotions and creams Class 05 - Vitamins; vitamin and mineral supplements; dietary and nutritional supplements; complementary and alternative medicine products, namely, aromatherapy oils and lotions, and aromatherapy bath oils for relaxation, stress relief, calming, energizing, clearing, rejuvenation, and inspiration Class 16 - Catalogs featuring vitamins, nutritional supplements, complementary and alternative medicine products, books, herbal products, aromatherapy products, bath and shower products, skin treatment creams, and related items	Filed on September 13, 2012. Notice of Allowance issued on April 30, 2013. Extension filed on November 30, 2013. Statement of Use due November 30, 2014.


No.	XXXX	GOODS/SERVICES	APPLICATION DATE / REGISTRATION DATE
		Class 35 - Retail store services, mail order catalog services and online retail store services provided via a global computer network all featuring vitamins, vitamin, mineral, dietary and nutritional supplements, complementary and alternative medicine products, books, herbal products, aromatherapy products, bath and shower products, skin treatment creams, and related items

12.	U.S. Registration No. 3285545	Class 35 – Mail order catalog services featuring vitamins, minerals, nutritional supplements, complementary and alternative medicine products, books, herbal products, body building supplements, dietary food supplements, meal replacement and dietary supplement drink mixes, sports nutrition products, weight management supplements and food items, non-medicated skin treatment creams, hair shampoos and bath and shower gels, aromatherapy oils and lotions, aromatherapy bath oils, joint creams, facial and body soaps, scrubs, cleansers, creams and gels, foot scrubs, creams, lotions, sprays and gels and massage oils, gels, lotions and creams and related items and pet products; retail store services featuring vitamins, minerals, nutritional supplements, complementary and alternative medicine products, books, herbal products, body building supplements, dietary food supplements, meal replacement and dietary supplement drink mixes, sports nutrition products, weight management supplements and food items, non-medicated skin treatment creams, hair shampoos and bath and shower gels, aromatherapy oils and lotions, aromatherapy bath oils, joint creams, facial and body soaps, scrubs, cleansers, creams and gels, foot scrubs, creams, lotions, sprays and gels and massage oils, gels, lotions and creams and related items and pet products	Registered on August 27, 2007 Final deadline to file Declaration of Use February 27, 2014. Partial Section 8 filed and accepted. Deleted Class 16.

13.	SUPERSUPPLEMENTS	Class 35 – Online retail store services in the fields of health, fitness, nutrition, sports nutrition, weight management, beauty and pet care	Registered on June 8, 2010


No.	XXXX	GOODS/SERVICES	APPLICATION DATE / REGISTRATION DATE
	U.S. Registration No. 3799032		Sections 8/15 due between June 8, 2015 and 2016

14.	SUPERSUPPLEMENTS U.S. Registration No. 3727489	Class 35 – Retail store services in the fields of health, fitness, nutrition, sports nutrition, weight management, beauty and pet care; Mail order catalog services in the fields of health, fitness, nutrition, sports nutrition, weight management, beauty and pet care	Registered on December 22, 2009 Sections 8/15 due between December 22, 2014 and 2015

15.	S U.S. Registration No. 3886398	Class 35 – Retail store services in the fields of health, fitness, nutrition, sports nutrition, weight management, beauty and pet care; Mail order catalog services in the fields of health, fitness, nutrition, sports nutrition, weight management, beauty and pet care	Registered on December 7, 2010 Sections 8/15 due between December 7, 2015 and 2016

16.	S U.S. Registration No. 3090067	Class 16 - Catalogs featuring vitamins, minerals, nutritional supplements, complementary and alternative medicine products, books, herbal products, body building supplements, dietary food supplements, meal replacement and dietary supplement drink mixes, sports nutrition products, weight management supplements and food items, non-medicated skin treatment creams, hair shampoos and bath and shower gels, complementary and alternative medicine products, aromatherapy oils and lotions, aromatherapy bath oils, joint creams, facial and body soaps, scrubs, cleansers, creams and gels, foot scrubs, creams, lotions, sprays and gels and massage oils, gels, lotions and creams and related items and pet products.	Registered on May 9, 2006 Renewal due between May 9, 2015 and 2016


No.	XXXX	GOODS/SERVICES	APPLICATION DATE / REGISTRATION DATE
		Class 35 - Mail order catalog services featuring vitamins, minerals, nutritional supplements, complementary and alternative medicine products, books, herbal products, body building supplements, dietary food supplements, meal replacement and dietary supplement drink mixes, sports nutrition products, weight management supplements and food items, non-medicated skin treatment creams, hair shampoos and bath and shower gels, aromatherapy oils and lotions, aromatherapy bath oils, joint creams, facial and body soaps, scrubs, cleansers, creams and gels, foot scrubs, creams, lotions, sprays and gels and massage oils, gels, lotions and creams and related items and pet products; retail store services featuring vitamins, minerals, nutritional supplements, complementary and alternative medicine products, books, herbal products, body building supplements, dietary food supplements, meal replacement and dietary supplement drink mixes, sports nutrition products, weight management supplements and food items, non-medicated skin treatment creams, hair shampoos and bath and shower gels, aromatherapy oils and lotions, aromatherapy bath oils, joint creams, facial and body soaps, scrubs, cleansers, creams and gels, foot scrubs, creams, lotions, sprays and gels and massage oils, gels, lotions and creams and related items and pet products.

17.	WELLNESS STARTS HERE U.S. Registration No. 3736761	Class 35 - Retail store services in the fields of health, fitness, nutrition, sports nutrition, weight management, beauty and pet care	Registered on January 12, 2010 Sections 8/15 due between January 12, 2015 and 2016

18.	MYTRITION LOGO	Class 05 - Vitamins; vitamin, mineral, dietary and nutritional supplements; dietary and nutritional supplement for sports nutrition, body building, muscle gain and training; and nutritional supplement bodybuilding and sports nutrition drinks	Not Yet Filed

THE VITAMIN SHOPPE

Vitamin Shoppe Industries Inc.

TRADEMARK ESTATE

COUNTRY

XXXX

REG. NO.

SERIAL NO.

FILING DATE

REGISTRATION DATE

CLASS

STATUS

NOTES

Andorra

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

32059

27848

4/26/2013

0, 00

Xxxxxxxxxx

Xxxxxxxxx

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

3274388

9/2/2013

Pending

Argentina

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

3274389

9/2/2013

Pending

Australia

MISCELLANEOUS Design (TRUE ATHLETE Logo)

1493045

5/25/2012

Registered

Australia

TRUE ATHLETE

1492993

5/25/2012

Registered

Australia

V VITAPATH and Design (color)

1554265

4/30/2013

5, 35

Registered

Australia

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

1554264

4/30/2013

5, 35

Registered

Belize

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

10508.14

1/28/2014

5, 35

Pending

Published for Opposition;

Brazil

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

840620470

8/23/2013

Pending

Published for Opposition;

Brazil

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

840620500

8/23/2013

Pending

Published for Opposition;

Brazil

VITAPATH

840261195

9/11/2012

Pending

Published for Opposition;

Brazil

VITAPATH

840261209

9/11/2012

Pending

Published for Opposition;

Brazil

THE VITAMIN SHOPPE SINCE 1977 and Design (color)

830836861

11/11/2010

Pending

appeal filed; registration fee paid; waiting for Cert. of Reg.

Brazil

THE VITAMIN SHOPPE SINCE 1977 and Design (color)

830836870

11/11/2010

Pending

appeal filed; registration fee paid; waiting for Cert. of Reg.

Brazil

THE VITAMIN SHOPPE SINCE 1977 and Design (color)

830836853

11/11/2010

Pending

appeal filed; registration fee paid; waiting for Cert. of Reg.

Brazil

THE VITAMIN SHOPPE SINCE 1977 and Design (color)

830836845

11/11/2010

Pending

appeal filed; registration fee paid; waiting for Cert. of Reg.

Brazil

THE VITAMIN SHOPPE SINCE 1977 and Design (b & w)

830836780

11/11/2010

Pending

appeal filed; registration fee paid; waiting for Cert. of Reg.

Brazil

THE VITAMIN SHOPPE SINCE 1977 and Design (b & w)

830836837

11/11/2010

Pending

appeal filed; registration fee paid; waiting for Cert. of Reg.

Brazil

THE VITAMIN SHOPPE SINCE 1977 and Design (b & w)

830836802

11/11/2010

Pending

appeal filed; registration fee paid; waiting for Cert. of Reg.

Brazil

THE VITAMIN SHOPPE SINCE 1977 and Design (b & w)

830836829

11/11/2010

Pending

appeal filed; registration fee paid; waiting for Cert. of Reg.

Brazil

THE VITAMIN SHOPPE

830836888

11/11/2010

Pending

appeal filed against rejection;

Brazil

THE VITAMIN SHOPPE

830836926

11/11/2010

Pending

registration fee paid; waiting for Cert. of Reg.

Brazil

THE VITAMIN SHOPPE

830836896

11/11/2010

Pending

Brazil

THE VITAMIN SHOPPE

830836799

11/11/2010

Pending

Brazil

BODYTECH

830836918

11/11/2010

Pending

Brazil

BODYTECH

830836900

11/11/2010

Pending

Brazil

BODYTECH

830836810

11/11/2010

Pending

Brazil

TRUE ATHLETE

840195648

7/16/2012

Pending

Published for Opposition;

Brazil

TRUE ATHLETE and Design

840195664

7/16/2012

Pending

Published for Opposition;

Canada

EVERY BODY MATTERS

1617477

3/19/2013

Pending

Examiner’s report issued; Six-month extension requested; Response due November 4, 2014

Canada

PROBIOCARE

1609280

1/10/2013

Pending

Canada

SPORTS NUTRITION DEPOT

1538009

8/2/2011

Pending

Canada

THE VITAMIN SHOPPE SINCE 1977 and Design (b&w)

1538198

8/3/2011

Lapsed per client instructions

Canada

THE VITAMIN SHOPPE SINCE 1977 and Design (color)

1529271

5/26/2011

Lapsed per client instructions

Canada

THE VITAMIN SHOPPE

1538205

8/3/2011

Lapsed per client instructions

Canada

TRUE ATHLETE

1523091

4/11/2011

Pending

Notice of Allowance issued; Extension / Declaration of Use & Reg. Fee due October 11, 2014

XXXXX and CEPURITIS, LTD.

10/9/2014

COUNTRY

XXXX

REG. NO.

SERIAL NO.

FILING DATE

REGISTRATION DATE

CLASS

STATUS

NOTES

Canada

TRUE ATHLETE NATURALLY DRIVEN

1538007

8/2/2011

Pending

Notice of Allowance issued; Extension / Declaration of Use & Reg. Fee due Februrary 2, 2015

Canada

MISCELLANEOUS Design (TRUE ATHLETE Logo)

TMA864,200

1580872

6/6/2012

11/1/2013

Registered

Canada

NATURALLY DRIVEN

1527790

5/13/2011

Pending

Notice of Allowance issued; Extension / Declaration of Use & Reg. Fee due November 13, 2014

Canada

NUTRITION DEPOT

1518827

3/3/2011

Pending

Notice of Allowance issued; Six-month extension requested to file; Extension / Declaration of use & Reg. Fee due March 11, 2015

Canada

BODYTECH

TMA697,094

1293435

2/8/2006

9/21/2007

Registered

Canada

ULTIMATE WOMAN

TMA842,334

1523086

4/11/2011

2/5/2013

Registered

Canada

ULTIMATE MAN

TMA842,704

1523087

4/11/2011

2/7/2013

Registered

Canada

HEALTHY AWARD

TMA842,335

1523090

4/11/2011

2/5/2013

Registered

Canada

ANSWERS FOR EVERY BODY

TMA842,333

1523085

4/11/2011

2/5/2013

Registered

Canada

MUSCLE & PERFORMANCE

TMA842,239

1538008

8/2/2011

2/5/2013

Registered

Canada

HEALTH ENTHUSIAST

1571061

3/29/2012

Pending

Notice of Allowance issued; Extension / Declaration of Use & Reg. Fee due March 29, 2015

Canada

VITAPATH

1581734

6/12/2012

Pending

Notice of Allowance issued; Extension / Declaration of Use & Reg. Fee due June 12, 2015

Canada

VITOLOGY

1571272

3/30/2012

Pending

Still nn the name of 8105456 Canada Limited; Notice of Allowance issued; Extension / Declaration of Use & Reg. Fee due March 30, 0000

Xxxxxx

SUPERSUPPLEMENTS

Lapsed per client instructions

Filed in the name of VitaPath Canada Limited;

Canada

VITAPATH VITAMINS&MORE and V Design

1683260

6/30/2014

5,35

Pending

Chile

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

1080553

10/25/2013

Pending

Accepted for registration; paid registration fee; awaiting Certificate of Registration;

Chile

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

1106322

1080552

10/25/2013

6/23/2014

Registered

Colombia

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

491315

13 197728

8/21/2013

4/23/2014

5,35

Registered

Colombia

BODYTECH

FILING PENDING - Classes 5 and 35

Colombia

MYTRITION

14 122666

6/6/2014

Pending

Colombia

TRUE ATHLETE

14 122685

6/6/2014

Pending

Published for Opposition;

Costa Rica

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

5, 00

Xxxxxxx

Xxxxx Xxxx

MYTRITION

2014-0004940

6/11/2014

Xxxxxxx

Xxxxx Xxxx

XXXXXXXX

0000-0000000

3/28/2014

5, 00

Xxxxxxx

Xxxxx Xxxx

NEXT STEP

2014-0002808

3/28/2014

5, 00

Xxxxxxx

Xxxxx Xxxx

TRUE ATHLETE

2014-0002809

3/28/2014

5, 35

Pending

Dominican Republic

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

205717

2013-11705

4/30/2013

8/30/2013

0, 00

Xxxxxxxxxx

Xxxxxxxxx Xxxxxxxx

MYTRITION

2014-18128

6/24/2014

Pending

Published for Opposition;

Dominican Republic

TRUE ATHLETE

2014-18127

6/24/2014

Pending

Ecuador

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

IEPI-UIO-PI-SD-2013-46049-RE

8/30/2013

Pending

Published for Opposition; No opposition filed; IPO to conduct examination; passed thru publication period unopposed; awaiting registration certificate;

Ecuador

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

IEPI-UIO-PI-SD-2013-46050-RE

8/30/2013

Pending

Published for Opposition;

XXXXX and CEPURITIS, LTD.

10/9/2014

COUNTRY

XXXX

REG. NO.

SERIAL NO.

FILING DATE

REGISTRATION DATE

CLASS

STATUS

NOTES

Ecuador

THE VITAMIN SHOPPE

3897-10

223877

1/11/2010

7/13/2010

Registered

Ecuador

THE VITAMIN SHOPPE

3898-10

223878

1/11/2010

7/13/2010

Registered

Ecuador

THE VITAMIN SHOPPE

3899-10

223879

1/11/2010

7/13/2010

Registered

Ecuador

THE VITAMIN SHOPPE

3900-10

223880

1/11/2010

7/13/2010

Registered

Ecuador

THE VITAMIN SHOPPE

3901-10

223881

1/11/2010

7/13/2010

Registered

Ecuador

THE VITAMIN SHOPPE

976-11

223882

1/11/2010

11/30/2010

Registered

Ecuador

THE VITAMIN SHOPPE SINCE 1977 and Design (color)

1461-10

223876

1/11/2010

7/13/2010

Registered

Ecuador

THE VITAMIN SHOPPE SINCE 1977 and Design (b&w)

1462-10

223887

1/11/2010

7/13/2010

Registered

Ecuador

THE VITAMIN SHOPPE SINCE 1977 and Design (color)

3892-10

223871

1/11/2010

7/13/2010

Registered

Ecuador

THE VITAMIN SHOPPE SINCE 1977 and Design (color)

3893-10

223872

1/11/2010

7/13/2010

Registered

Ecuador

THE VITAMIN SHOPPE SINCE 1977 and Design (color)

3894-10

223873

1/11/2010

7/13/2010

Registered

Ecuador

THE VITAMIN SHOPPE SINCE 1977 and Design (color)

3895-10

223874

1/11/2010

7/13/2010

Registered

Ecuador

THE VITAMIN SHOPPE SINCE 1977 and Design (color)

3896-10

223875

1/11/2010

7/13/2010

Registered

Ecuador

THE VITAMIN SHOPPE SINCE 1977 and Design (b&w)

3902-10

223883

1/11/2010

7/13/2010

Registered

Ecuador

THE VITAMIN SHOPPE SINCE 1977 and Design (b&w)

3903-10

223884

1/11/2010

7/13/2010

Registered

Ecuador

THE VITAMIN SHOPPE SINCE 1977 and Design (b&w)

3904-10

223885

1/11/2010

7/13/2010

Registered

Ecuador

THE VITAMIN SHOPPE SINCE 1977 and Design (b&w)

3905-10

223886

1/11/2010

7/13/2010

Registered

Ecuador

THE VITAMIN SHOPPE SINCE 1977 and Design (b&w)

3906-10

223888

1/11/2010

7/13/2010

Xxxxxxxxxx

Xxxxxxx

XXXXXXXXX

XXXX-0000-0000

6/24/2014

Pending

Published for Opposition;

Ecuador

TRUE ATHLETE

Egypt

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

291967

8/25/2013

Pending

OA requesting disclaimer of letter

“V” and “The Vitamin Shoppe” and

“EVERY BODY MATTERS”;

Response filed;

Egypt

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

291968

8/25/2013

Pending

OA requesting disclaimer of letter

“V” and “The Vitamin Shoppe” and

“EVERY BODY MATTERS”;

Responde filed;

Egypt

BODYTECH

303722

6/15/2014

Pending

Egypt

MYTRITION

303723

6/15/2014

Pending

El Salvador

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

2013130252

9/20/2013

5, 35

Pending

Published for Opposition;

El Salvador

MYTRITION

0000000000

6/10/2004

Pending

Published for Opposition

El Salvador

TRUE ATHLETE

2014136059

6/10/2004

Pending

Published for Oppositoin

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

011765328

4/24/2013

3, 5, 35

Registered

VITAPATH

011171881

9/7/2012

3, 5, 16, 35

Registered

BODYTECH

5347191

9/29/2006

3, 5

Pending

Opposed by Dezac Group Ltd.;

Opposition pending;

TRUE ATHLETE

1917301

5/28/2012

Lapsed

Application Refused 8/21/2012

MISCELLANEOUS Design (TRUE ATHLETE Logo)

10917318

109917318

5/28/2012

12/24/2012

5, 21, 25

Registered

THE VITAMIN SHOPPE

8750895

12/11/2009

1/5/2011

Registered

THE VITAMIN SHOPPE

9357351

9/7/2010

5, 35

Lapsed

Application Refused 8/23/2011

ECO SHOPPE

871992

8751992

12/11/2009

7/21/2012

3, 4, 5, 21, 35

Registered

ANSWERS FOR EVERY BODY

9468422

10/22/2010

4/1/2011

5, 35, 44

Registered

ULTIMATE WOMEN

8751786

12/11/2009

6/6/2010

Registered

ULTIMATE MAN

8751869

12/11/2009

6/11/2009

Registered

M.D. SELECT

8751885

88751885

12/11/2009

6/11/2010

Registered

HEALTHY AWARDS

8751935

12/11/2009

6/11/2010

Registered

THE VITAMIN SHOPPE SINCE 1977 and Design (color)

8755399

12/14/2009

6/11/2010

3, 5, 16, 29, 30, 35

Registered

THE VITAMIN SHOPPE SINCE 1977 and Design (b&w)

8755464

12/14/2009

6/11/2010

29, 30, 35

Registered

THE VITAMIN SHOPPE SINCE 1977 and Design (b&w)

5347182

9/29/2006

1/8/2008

3, 5, 16

Registered

TRUE ATHLETE and Design

012151833

9/18/2013

5, 29

Registered

Guatemala

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

7,657

2013-3702

4/23/2013

5/16/2014

5, 35

Registered

(Appln No. M-003702-2013);

Guatemala

BODYTECH

2014-3006

3/26/2014

Pending

(Appln. No. M-003006-2014)

Guatemala

BODYTECH

2014-3005

3/26/2014

Pending

(Appln. No. M-003005-2014)

XXXXX and CEPURITIS, LTD.

10/9/2014

COUNTRY

XXXX

REG. NO.

SERIAL NO.

FILING DATE

REGISTRATION DATE

CLASS

STATUS

NOTES

Guatemala

NEXT STEP

2014-3004

3/26/2014

Pending

(Appln. No. M-003004-2014)

Guatemala

NEXT STEP

2014-3003

3/26/2014

Pending

(Appln. No. M-003003-2014)

Guatemala

TRUE ATHLETE

2014-3002

3/26/2014

Pending

(Appln. No. M-003002-2014)

Guatemala

TRUE ATHLETE

3014-3001

3/26/2014

Pending

(Appln. No. M-003001-2014)

Honduras

THE VITAMIN SHOPPE and V Design (color-linear)

32136/2013

8/30/2013

Pending

Published for Opposition;

Honduras

THE VITAMIN SHOPPE and V Design (color-linear)

32137/2013

8/30/2013

Pending

Published for Opposition;

Honduras

MYTRITION

19920/2014

6/6/2014

Pending

Published for Opposition;

Honduras

TRUE ATHLETE

19921/2014

6/6/2014

Pending

Published for Opposition;

Hong Kong

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

302590353

4/26/2013

5, 35

Pending

Published for Opposition;

Hong Kong

VITAPATH

302364570

8/31/2012

3, 5, 16, 35

Pending

Published for Opposition;

Hong Kong

THE VITAMIN SHOPPE (Chinese Characters)

301781596

12/6/2010

5, 35, 44

Lapsed per client instructions

Hong Kong

THE VITAMIN SHOPPE

301781604

12/6/2010

5, 35, 44

Lapsed per client instructions

Hong Kong

THE VITAMIN SHOPPE SINCE 1977 and Design (Color)

301781668

12/6/2010

12/3/2012

5, 35, 44

Registered

Hong Kong

BODYTECH

301781631

12/6/2010

8/8/2011

Registered

Hong Kong

ANSWERS FOR EVERYBODY

301781703

12/6/2010

9/12/2011

5, 35, 44

Registered

India

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

2522176

4/29/2013

5, 35

Pending

India

THE VITAMIN SHOPPE and V Design (color-linear)

2522175

4/29/2013

5, 35

Pending

India

VITAPATH

2523017

4/30/2013

5, 35

Pending

India

EVERY BODY MATTERS

2493369

3/11/2013

3, 5, 16, 35

Pending

India

BODYTECH

1646178

1/25/2008

5, 35

Pending

Approved for publication;

India

TRUE ATHLETE

2338103

5/25/2012

Pending

India

MISCELLANEOUS Design (TRUE ATHLETE Logo)

2338102

5/25/2012

Registered

India

THE VITAMIN SHOPPE

1646179

1/25/2008

3, 5, 16, 35

Pending

Published for Opposition; FA requesting correction to publication and republication with corrected classification of goods/services;

India

THE VITAMIN SHOPPE SINCE 1977 and Design (color and b&w)

965836

1647685

1/29/2008

9/3/2011

3, 5, 16, 35

Registered

India

S SUPERSUPPLEMENTS and Design

2145019

5/16/2011

Pending

Indonesia

THE VITAMIN SHOPPE and V Design (color-linear)

D00.2013.020062

4/30/2013

5, 35

Pending

Indonesia

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

D00.2013.023828

4/30/2013

5,35

Pending

Indonesia

TRUE ATHLETE

D00.2012.026574

6/5/2012

Pending

Published for Opposition;

Indonesia

MISCELLANEOUS Design (TRUE ATHLETE Logo)

D00.2012.026572

6/5/2012

Pending

Publisehd for Opposition;

Indonesia

BODYTECH

D00.2012.000047

1/2/2012

Pending

Published for Opposition;

Indonesia

THE VITAMIN SHOPPE

D00.2012.000046

1/2/2012

Pending

Published for Opposition;

Indonesia

THE VITAMIN SHOPPE

J00.2012.000041

1/2/2012

Pending

Published for Opposition;

Indonesia

THE VITAMIN SHOPPE

J00.2012.000042

1/2/2012

Pending

Published for Opposition;

Indonesia

THE VITAMIN SHOPPE SINCE 1977 and Design (color)

D00.2012.000044

1/2/2012

Pending

Published for Opposition;

Indonesia

THE VITAMIN SHOPPE SINCE 1977 and Design (color)

J00.2012.000043

1/2/2012

Pending

Published for Opposition;

Indonesia

THE VITAMIN SHOPPE SINCE 1977 and Design (color)

J00.2012.000045

1/2/2012

Pending

Published for Oppositoin;

Japan

THE VITAMIN SHOPPE SINCE 1977 and Design (color)

5066591

2006-054913

6/13/2006

7/27/2007

0, 0, 00, 00

Xxxxxxxxxx

Xxxxx

THE VITAMIN SHOPPE SINCE 1977 and Design (b&w)

5088695

2006-054914

6/13/2006

11/2/2007

0, 0, 00, 00

Xxxxxxxxxx

Xxxxx

BODYTECH

0000000

2006-018532

3/2/2006

3/16/2007

Registered

Jordan

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

131870

10/27/2013

Pending

Published for Opposition;

Jordan

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

131869

10/27/2013

Pending

Published for Opposition;

Jordan

BODYTECH

Issued Upon
Acceptance

8/21/2014

Pending

Jordan

MYTRITION

Issued Upon
Acceptance

8/21/2014

Pending

South Korea

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

00-0000-0000000

4/30/2013

5, 35

Pending

Published for Opposition;

South Korea

TRUE ATHLETE

00-0000000

00-0000-0000000

5/25/2012

8/2/2013

Registered

South Korea

MISCELLANEOUS Design (TRUE ATHLETE Logo)

00-0000000

00-0000-0000000

5/25/2012

2/14/2014

Registered

South Korea

VITAPATH

00-0000000

00-0000-0000000

8/31/2012

11/6/2013

3, 5, 16, 35

Registered

Kuwait

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

142866

8/25/2013

Pending

Kuwait

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

142867

8/25/2013

Pending

Published for Opposition;

Kuwait

BODYTECH

152802

6/15/2014

Pending

XXXXX and CEPURITIS, LTD.

10/9/2014

COUNTRY

XXXX

REG. NO.

SERIAL NO.

FILING DATE

REGISTRATION DATE

CLASS

STATUS

NOTES

Kuwait

MYTRITION

152803

6/15/2014

Pending

Lebanon

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

155414

2/17/2014

5, 35

Registered

Lebanon

BODYTECH

159077

6/30/2014

Registered

Lebanon

MYTRITION

159076

6/30/2014

Registered

Lebanon

NEXT STEP

159078

6/30/2014

Registered

Malaysia

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

2013006206

4/30/2013

Pending

Malaysia

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

2013006207

4/30/2013

Pending

Mexico

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

1392908

1366953

4/19/2013

Registered

Mexico

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

1428816

1366954

4/19/2013

1/22/2014

Registered

Mexico

VITAPATH

1305180

8/31/2012

Lapsed per client instructions

Mexico

VITAPATH

1305181

8/31/2012

Pending

Mexico

THE VITAMIN SHOPPE SINCE 1977 and Design (color)

1039361

901212

12/10/2007

5/13/2008

Registered

Mexico

THE VITAMIN SHOPPE SINCE 1977 and Design (color)

1196659

901213

12/10/2007

1/14/2011

Registered

Mexico

THE VITAMIN SHOPPE SINCE 1977 and Design (color)

1037574

901214

12/10/2007

4/29/2008

Registered

Mexico

THE VITAMIN SHOPPE SINCE 1977 and Design (color)

1193697

901215

12/10/2007

12/8/2010

Registered

Mexico

BODYTECH

1022028

901216

12/10/2007

1/29/2008

Registered

Mexico

BODYTECH

1022029

901217

12/10/2007

1/29/2008

Registered

Mexico

THE VITAMIN SHOPPE

1039419

906669

1/11/2008

5/14/2008

Registered

Mexico

THE VITAMIN SHOPPE

1199429

906670

1/11/2008

1/31/2011

Registered

Mexico

THE VITAMIN SHOPPE

1033203

906671

1/11/2008

3/28/2008

Registered

Mexico

THE VITAMIN SHOPPE

1193822

906672

1/11/2008

12/9/2010

Registered

Mexico

TRUE ATHLETE

1321094

1281669

6/8/2012

41200

Registered

Mexico

MISCELLANEOUS Design (TRUE ATHLETE Logo)

1321095

1281671

6/8/2012

10/18/2012

Registered

Morocco

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

154923

10/4/2013

5, 35

Registered

Morocco

BODYTECH

161246

7/28/2014

Pending

Morocco

MYTRITION

161245

7/28/2014

Pending

Nicaragua

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

2013-003610

9/18/2013

5, 35

Pending

Nicaragua

MYTRITION

2014-002126

6/12/2014

Pending

Nicaragua

TRUE ATHLETE

2014-002127

6/12/2014

Pending

Panama

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

222535

4/30/2013

5, 35

Registered

Priority doc filed;

Panama

THE VITAMIN SHOPPE and V Design (color-linear)

222538

4/30/2013

5, 35

Registered

Priority doc filed;

Panama

VITAPATH

222533

4/30/2013

5, 35

Registered

Panama

EVERY BODY MATTERS

221356

3/12/2013

3, 5, 16, 35

Registered

Panama

TRUE ATHLETE

213067

6/1/2012

Registered

Panama

MISCELLANEOUS Design (TRUE ATHLETE Logo)

213068

6/1/2012

Registered

Panama

BODYTECH

174451

8/29/2008

Registered

Panama

BODYTECH

174452

8/29/2008

Registered

Panama

BODYTECH

174453

8/29/2008

registered

Panama

THE VITAMIN SHOPPE SINCE 1977 and Design (color)

174431

8/29/2008

Registered

Panama

THE VITAMIN SHOPPE SINCE 1977 and Design (color)

174444

8/29/2008

Registered

Panama

THE VITAMIN SHOPPE SINCE 1977 and Design (color)

174448

8/29/2008

Registered

Panama

THE VITAMIN SHOPPE SINCE 1977 and Design (color)

174449

8/29/2008

Registered

Panama

BODYTECH

174450

8/29/2008

Registered

Panama

THE VITAMIN SHOPPE SINCE 1977 and Design (b&w)

174439

8/29/2008

Registered

Panama

THE VITAMIN SHOPPE SINCE 1977 and Design (b&w)

174441

8/29/2008

Registered

Panama

THE VITAMIN SHOPPE SINCE 1977 and Design (b&w)

174442

8/29/2008

Registered

Panama

THE VITAMIN SHOPPE SINCE 1977 and Design (b&w)

174443

8/29/2008

Registered

Panama

THE VITAMIN SHOPPE

174454

8/29/2008

Registered

Panama

THE VITAMIN SHOPPE

174455

8/29/2008

Registered

Panama

THE VITAMIN SHOPPE

174456

8/29/2008

Registered

Panama

THE VITAMIN SHOPPE

174457

8/29/2008

Registered

Panama

MYTRITION

FILING PENDING - Class 5

Panama

TRUE ATHLETE

FILING PENDING - Class 5

MYTRITION

25332

6/13/2014

Pending

XXXXX and CEPURITIS, LTD.

10/9/2014

COUNTRY

XXXX

REG. NO.

SERIAL NO.

FILING DATE

REGISTRATION DATE

CLASS

STATUS

NOTES

Paraguay

TRUE ATHLETE

25331

6/13/2014

Pending

Paraguay

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

25329

6/13/2014

Pending

Paraguay

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

25330

3/13/2014

Pending

Paraguay

BODYTECH

27946

6/30/2014

Pending

Paraguay

NEXT STEP

27947

6/30/2014

Pending

Peru

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

8134

543867

8/20/2013

5/14/2014

0, 00

Xxxxxxxxxx

Xxxx

MYTRITION

579354

6/18/2014

Pending

Published for Opposition;

Peru

TRUE ATHLETE

579355

6/18/2014

Pending

Published for Opposition;

PRC

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

12515557

Pending

PRC

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

Pending

PRC

VITAPATH

11700780

Pending

Published for Opposition;

PRC

VITAPATH

11700781

Pending

Published for Opposition;

PRC

VITAMIN SHOPPE (Chinese Characters)

8758157

Lapsed per client instructions

PRC

VITAMIN SHOPPE (Chinese Characters)

8758158

10/20/2010

8/7/2013

Registered

PRC

THE VITAMIN SHOPPE

8758162

Lapsed per client instructions

PRC

THE VITAMIN SHOPPE

8758258

10/20/2010

10/21/2013

Registered

PRC

THE VITAMIN SHOPPE SINCE 1977 and Design (b&w)

8758262

Lapsed per client instructions

PRC

THE VITAMIN SHOPPE SINCE 1977 and Design (b&w)

8758263

10/20/2010

8/7/2013

Registered

PRC

THE VITAMIN SHOPPE SINCE 1977 and Design (color)

8758267

Lapsed per client instructions

PRC

THE VITAMIN SHOPPE SINCE 1977 and Design (color)

8758308

10/20/2010

1/21/2013

Registered

PRC

BODYTECH

8758311

Lapsed per client instructions

PRC

BODYTECH

8758312

Lapsed per client instructions

PRC

TRUE ATHLETE

11051255

6/11/2012

10/21/2013

Registered

PRC

MISCELLANEOUS Design (TRUE ATHLETE Logo)

11051254

6/11/2012

10/21/2013

Registered

PRC

MYTRITION

FILING PENDING - Class 5

PRC

PLNT

FILING PENDING - Class 5

Qatar

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

91618

8/21/2014

Pending

Qatar

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

91619

8/21/2014

Xxxxxxx

Xxxxx

XXXXXXXX

00000

8/21/2014

Pending

Qatar

MYTRITION

91621

8/21/2014

Pending

Qatar

NEXT STEP

91620

Pending

Russian Federation

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

2013714077

4/24/2013

5, 35

Pending

Saudi Arabia

BODYTECH

200589

8/25/2013

Pending

registration fee payment due 7/20/14; awaiting Cert. of Reg.

Saudi Arabia

MYTRITION

200586

8/25/2013

Pending

Published for Opposition;

Saudi Arabia

TRUE ATHLETE

200588

8/25/2013

Pending

Published for Opposition;

Saudi Arabia

TRUE ATHLETE and Design

200587

8/25/2013

Pending

Published for Opposition;

Saudi Arabia

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

196083

4/28/2013

Pending

registration fee payment due 7/20/14; awaiting Cert. of Reg.

Saudi Arabia

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

196084

4/28/2013

Pending

registration fee payment due 7/20/14; awaiting Cert. of Reg.

Saudi Arabia

NEXT STEP

1435019031

8/14/2014

Pending

Published for Opposition;

Singapore

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

T1306676Z

4/26/2013

5, 35

Registered

Singapore

THE VITAMIN SHOPPE SINCE 1977 and Design

T0913237J

11/16/2009

3, 5, 16, 35

Lapsed per client instructions

Singapore

THE VITAMIN SHOPPE

T0913233H

11/16/2009

3, 5, 16, 35

Lapsed per client instructions

Singapore

BODYTECH

T0913239G

11/16/2009

5, 35

Registered

Taiwan

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

102021255

4/23/2013

5, 35

Pending

Published for Opposition;

Taiwan

VITAPATH

1592792

101049892

9/3/2012

8/1/2013

5, 35

Registered

Turkey

BODYTECH

2013/71717

8/26/2013

Pending

Turkey

MYTRITION

2013/71721

8/26/2013

Pending

Opposition period lapsed; registratoin fee due 9/22/14; awaiting

Registration;

XXXXX and CEPURITIS, LTD.

10/9/2014

COUNTRY

XXXX

REG. NO.

SERIAL NO.

FILING DATE

REGISTRATION DATE

CLASS

STATUS

NOTES

Turkey

TRUE ATHLETE

2013/71723

8/26/2013

Pending

Opposition period lapsed; registratoin fee due 9/22/14; awaiting Registration;

Turkey

TRUE ATHLETE and Design

2013/71727

8/26/2013

Pending

Opposition period lapsed; registratoin fee due 9/22/14; awaiting Registration;

Turkey

VITAPATH

2012/75785

10/16/2012

3, 5, 16, 35

Pending

All classes approved for publication; Waiting for Notice of Allowance;

Turkey

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

2012/88450

10/19/2012

3, 5, 16, 35

Pending

Published for Opposition;

Turkey

THE VITAMIN SHOPPE and V Design (color-stacked)

2013/31072

4/3/2013

3, 5, 21, 35, 44

Pending

Classes 3, 5, 21, and 44 approved for publication; Appealed refusal in Class 35; Opposition filed by Sebit Egitim ve…;

U.S.

VITA GROOVES

85/885,635

3/25/2013

Pending

Statement of Use Accepted; awaiting Certificate of Registration

U.S.

VITAPATH EVERY BODY MATTERS and V Design (color-stacked)

85/779,257

11/14/2012

3, 5, 21, 35 and 44

Pending

Statement of Use/3rd Extension due October 30, 2014

U.S.

V VITAPATH and Design (color-linear)

85/779,342

11/14/2012

3, 5, 21, 35 and 44

Pending

Statement of Use/3rd Extension due October 30, 2014

U.S.

THE VITAMIN SHOPPE and V Design (b&w-stacked)

85/779,204

11/14/2012

3, 5, 21, 35 and 44

Pending

Office Action issued; Response due December 26, 2014

U.S.

EVERY BODY MATTERS

85/727,922

9/13/2012

3, 5, 16, 35

Pending

Statement of Use/3rd Extension due October 30, 2014

U.S.

ELEMENTS FOR HAIR, SKIN, NAILS

85/768,478

10/31/2012

Pending

Statement of Use/3rd Extension due November 7, 2014

U.S.

PERSONAL PACKS

85/768,517

10/31/2012

Pending

Statement of Use/3rd Extension due November 7, 2014

U.S.

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

85/768,524

10/31/2012

3, 5, 21, 35 and 44

Pending

Office Action issued; Response due December 26, 2014

U.S.

THE VITAMIN SHOPPE and V Design (color-stacked)

85/768,371

10/31/2012

3, 5, 21, 35 and 44

Pending

Office Action issued; Response due December 26, 2014

U.S.

THE VITAMIN SHOPPE and V Design (color-linear)

85/768,497

10/31/2012

3, 5, 21, 35 and 44

Pending

Office Action issued; Response due December 26, 2014

U.S.

THE VITAMIN SHOPPE and V Design (b&w-linear)

85/768,827

11/1/2012

3, 5, 21, 35 and 44

Pending

Office Action issued; Response due December 26,

0000

X.X.

X SUPERSUPPLEMENTS and Design

3285545

78/630,096

5/13/2005

8/28/2007

16, 35

Registered

U.S.

S-MAN Logo

3090067

78/631,397

5/17/2005

5/9/2006

16, 35

Registered

U.S.

S-MAN Logo

3886398

85/028,572

5/3/2010

12/7/2010

Registered

U.S.

SUPERSUPPLEMENTS

3727489

77/640,835

12/29/2008

12/22/2009

Registered

U.S.

SUPERSUPPLEMENTS

3799032

77/846,482

10/12/2009

6/8/2010

Registered

U.S.

WELLNESS STARTS HERE

3736761

77/757,735

6/11/2009

1/12/2010

Registered

UAE

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

196841

8/25/2013

Pending

Published for Opposition;

UAE

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

196842

8/25/2013

Pending

Published for Opposition;

UAE

BODYTECH

215578

8/10/2014

Pending

UAE

MYTRITION

215583

8/10/2014

Pending

UAE

NEXT STEP

215584

8/10/2014

Pending

Venezuela

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

022352-2013

11/26/2013

5 (local 6)

Pending

Published for Opposition;

Venezuela

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

022353-2013

11/26/2013

35 (local 50 MS)

Pending

Published for Opposition;

Vietnam

THE VITAMIN SHOPPE EVERY BODY MATTERS and V Design (color-stacked)

0-0000-00000

8/16/2013

5, 35

Pending

Vietnam

THE VITAMIN SHOPPE SINCE 1977 and Design (color)

0-0000-00000

12/29/2011

5, 35, 44

Lapsed per
client
instructions

Vietnam

THE VITAMIN SHOPPE

0-0000-00000

12/29/2011

5, 35, 44

Lapsed per
client
instructions

Vietnam

TRUE ATHLETE

0-0000-00000

5/28/2012

Pending

XXXXX and CEPURITIS, LTD.

10/9/2014

COUNTRY

XXXX

REG. NO.

SERIAL NO.

FILING DATE

REGISTRATION DATE

CLASS

STATUS

NOTES

Vietnam

MISCELLANEOUS Design (TRUE ATHLETE Logo)

210389

0-0000-00000

5/28/2012

8/15/2013

Registered

Vietnam

BODYTECH

201269

0-0000-00000

12/29/2011

3/5/2013

Registered

WIPO (IB)

SUPERSUPPLEMENTS

1021418

A0017622

10/28/2009

Registered

XXXXX and CEPURITIS, LTD.

10/9/2014

ADDITIONAL TRADEMARKS

Jurisdiction/

Country

Xxxx

Owner

Application
Serial No.

Filing

Date

Reg. No.

Reg. Date

USA

ADAPTODREN

Vitamin Shoppe

Industries Inc.

85323011

May 17, 2011

4169130

July 3, 2012

USA

ANDRORUSH

Vitamin Shoppe

Industries Inc.

85202748

December 21,

0000

X/X

XXX

COMPETITION

BREEDS INNOVATION

Vitamin Shoppe

Industries Inc.

85874715

March 13, 2013

N/A

USA

FULLDOSE

Vitamin Shoppe

Industries Inc.

85174229

November 11,

2010

4172379

July 10, 2012

USA

PHOSFLEX

Vitamin Shoppe

Industries Inc.

85322997

May 17, 2011

4169129

July 3, 2012

USA

RIPPED JUICE

Vitamin Shoppe

Industries Inc.

77942815

May 23, 2010

3968519

May 31, 2011

USA

F.D.C.

Vitamin Shoppe

Industries Inc.

72335405

August 15, 1969

888946

April 7, 1970

USA

FDC

Vitamin Shoppe

Industries Inc.

74558295

August 8, 1994

1911008

August 15,

1995

USA

FDC

Vitamin Shoppe

Industries Inc.

85655259

June 19, 2012

4282743

January 29,

2013

USA

NFN & Design

Vitamin Shoppe

Industries Inc.

77535990

July 31, 2008

3590669

March 17,

2009

USA

NUTRI-FORCE

Vitamin Shoppe

Industries Inc.

77535987

July 31, 2008

3691248

October 6,

2009

USA

FLEXCORE

Vitamin Shoppe

Industries Inc.

85189034

December 2,

2010

4036319

October 4,

2011

USA

HEALTHY CORE

Vitamin Shoppe

Industries Inc.

85189039

September 9,

2011

4047181

October 25,

2011

USA

NUTRALA

Vitamin Shoppe

Industries Inc.

85212420

January 6, 2011

4195372

August 21,

2012

USA

CARDIOCORE

Vitamin Shoppe

Industries Inc

85189037

December 2,

2010

4047180

October 25,

2011

GOODS/SERVICES

APPLICATION DATE / REGISTRATION DATE

Class 05 - Vitamins; vitamin and mineral supplements; dietary and nutritional supplements; medicated skin treatment creams; complementary and alternative medicine products, namely, aromatherapy oils and lotions, and aromatherapy bath oils for relaxation, stress relief, calming, energizing, clearing, rejuvenation, and inspiration

Class 21 – Personal pill organizers and dispensers; cases for pills sold empty for personal use

Class 35 - Retail store services, mail order catalog services and online retail store services provided via a global computer network all featuring vitamins, vitamin, mineral, dietary and nutritional supplements, teas, foods and beverages; sports and performance drinks; complementary and alternative medicine products, books, herbal products, aromatherapy products, bath and shower products, skin treatment creams, and related items; pet food and pet products

Class 44 - Education services, namely, providing on-line information in the fields of health and nutrition

Notice of Allowance issued on April 30, 2013.

Extension filed on November 30, 2013.

Statement of Use due November 30, 2014.

V THE VITAMIN SHOPPE

U.S. Application Serial No.

85779204

Class 03 – Non-medicated skin treatment creams, hair shampoos and bath and shower gels; complementary and alternative medicine products, namely, joint creams; facial and body soaps, scrubs, cleansers, creams and gels; foot scrubs, creams, lotions, sprays and gels and massage oils, gels, lotions and creams; breath fresheners

Class 05 – Vitamins; vitamin and mineral supplements; dietary and nutritional supplements; medicated skin treatment creams; complementary and alternative medicine products, namely, aromatherapy oils and lotions, and aromatherapy bath oils for relaxation, stress relief, calming, energizing, clearing, rejuvenation, and inspiration

Filed on November 14, 2012.

USPTO Office Action issued on June 26, 2014.

Response due December 26, 2014.