Application

PTO- 1478

Approved for use through 10/31/2024. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1478

Approved for use through 10/31/2024. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

Serial Number: 97852463

Filing Date: 03/22/2023

To the Commissioner for Trademarks:

MARK: Herbalife (stylized and/or with design, see mark)
The literal element of the mark consists of Herbalife. The mark consists of the word "Herbalife" in a stylized font with a stylized design of three leaves located to the right and slightly above "Herbalife".
The applicant, Herbalife International, Inc., a corporation of Nevada, having an address of
      Suite 406
      800 West Olympic Boulevard
      Los Angeles, California 90015
      United States
      XXXX

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

International Class 005:  Dietary supplements; vitamins, minerals, herbs, fiber, or protein in tablet, powder, capsule or liquid form; nutritional fortified protein drink mixes; powdered drinks and drink mixes for use in nutritional and dietary health regimens; additives for foodstuffs; pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; supplement shakes
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 029:  Food and beverage products; foods and snacks made from processed oils, fats, and nuts; snack foods, snacks containing cooked nuts, snacks containing dried nuts, snacks containing roasted soy nuts; snacks containing protein, powdered protein for human consumption, soups, preparations for making soup, vegetable soup preparations, milk, milk beverages, milk products, protein for human consumption, protein for human consumption in the form of protein powder optionally containing minerals, vitamins, and herbal ingredients (not for medicinal use), meat, fish, poultry and game meat extracts; edible oils fats; but not including spreads; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk shakes; protein shakes
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 030:  Food and beverage products; coffee, tea, cocoa, chocolate and beverages based on coffee, tea and cocoa, chocolate; spices; preparations made from cereals, snacks; snack food; powder for making tea-based, cocoa-based beverages; powder for making herbal food beverages; herbal teas and herbal infusions; culinary herbs; herb tea for food purposes
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 032:  Beverage products; non-alcoholic beverages; minerals and aerated waters and other non-alcoholic drinks, syrups and other preparations for making beverages; fruit drinks and fruit juices and other preparations for making beverages; ready-to-drink, concentrated, or powdered non-alcoholic beverages; powdered beverage mixes; drinks for sports and athletics training; sports drinks containing proteins, minerals and vitamins; non-alcoholic beverages and powdered or concentrated preparations for making non-alcoholic beverages
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3324677, 4402483, 5551257, and others.


The owner's/holder's proposed attorney information: Lindsay J. Hulley. Other appointed attorneys are All attorneys in the Trademark Legal Department. Lindsay J. Hulley of Rutan & Tucker, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      9th Floor
      18575 Jamboree Road
      Irvine, California 92612
      United States
      714-641-5100(phone)
      trademarks@rutan.com
The docket/reference number is 102205.0014T.
Lindsay J. Hulley submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.

The applicant's current Correspondence Information:

Lindsay J. Hulley

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@rutan.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $1400 has been submitted with the application, representing payment for 4 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce and was in use in commerce as of the filing date of the application on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application and was used on or in connection with the goods/services in the application as of the application filing date; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Lindsay J. Hulley/   Date: 03/22/2023
Signatory's Name: Lindsay J. Hulley
Signatory's Position: Attorney of record
Signatory's Phone Number: 714-641-5100
Signature method: Signed directly within the form
Payment Sale Number: 97852463
Payment Accounting Date: 03/22/2023

Serial Number: 97852463
Internet Transmission Date: Wed Mar 22 22:10:19 ET 2023
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20230322221020173
848-97852463-8607f87beaf8f8977639736e228
f418fc08ccfb1f7a17a4158ed9301fe2237d9-DA
-10198902-20230322220822443944