UPGRADE LABS

What this means for you

Not registered yet, but its 25 Apr 2022 filing date beats anything filed after it. If it registers, the owner can stop confusingly similar uses in the classes it covers.

Record

Serial number

97380016

Mark type

Design + words

Filed

25 Apr 2022

Published for opposition

04 Feb 2025

Attorney of record

Stacey R. Halpern

Goods and services

• Class 005 — Pharmaceuticals: Nutritional and dietary supplements formed and packaged as bars; Nutritional supplement energy bars; Nutritional supplement bars for boosting energy; Ready to drink protein supplement shakes; Protein powder for use as a supplement; Dietary supplements and food products in the nature of ketogenic dietary and nutritional supplements, protein supplements formed and packaged as bars for the keto diet; Beverages, namely, dietary supplemental drinks in the nature of vitamin and mineral beverages; Beverages for enhancing or supporting physical or mental performance, namely, dietary supplemental drinks in the nature of vitamin and mineral beverages
• Class 029 — Meats and processed foods: Edible oils, including MCT oil a made in whole or significant part of natural ingredients; Food products in the nature of ready to eat prepared meals or snacks consisting primarily of protein, fats and low glycemic index carbohydrates made primarily of meat, poultry, game, fish, seafood, vegetables, nuts, and fruit for the keto diet;
• Class 030 — Staple foods: Coffee; Coffee beans; Coffee products, namely, iced coffee, coffee extracts, preparations for making coffee-based beverages; Coffee based beverages; coffee that is roasted, powdered, granulated, and in drinks; Coffee enhanced with collagen or nutrients; Coffee enhanced with MCT oil; Beverages, namely, beverages made of tea, beverages made of coffee, grain-based beverages; Beverages for enhancing or supporting physical or mental performance, namely, beverages made of tea, beverages made of coffee, grain-based beverages; Ready to eat food products for the keto diet, namely, grain-based food bars
• Class 041 — Education and entertainment services: Physical fitness training services; providing fitness and exercise facilities; physical fitness studio services, namely, providing group exercise instruction, equipment, and facilities
• Class 043 — Restaurant and hotel services: Coffee-house and snack-bar services; Restaurant and café services; Restaurant services; Online services, namely, providing on-line restaurant ordering, restaurant menus and reviews of restaurants
• Class 044 — Medical, beauty and agricultural services: Consultation services in the nature of providing information and advice in the field of health, nutrition and stress management via personal consultations; Providing healthy lifestyle and nutrition services, namely, personal assessments, personalized routines, maintenance schedules, and counseling; Counseling services in the fields of health, nutrition and lifestyle wellness; Cryotherapy services; Health care services, namely, vibration therapy

Owner

• UPGRADE LABS IP, INC., KENT, WA, US
• UPGRADE LABS IP, INC., KENT, WA, US
• Upgrade Labs Products, Inc., Santa Monica, CA, US

Prior registrations

• Registration 5866259

Prosecution history

• 26 Mar 2026 — STATEMENT OF USE PROCESSING COMPLETE
• 18 Sept 2025 — USE AMENDMENT FILED
• 23 Mar 2026 — CASE ASSIGNED TO INTENT TO USE PARALEGAL
• 18 Sept 2025 — TEAS STATEMENT OF USE RECEIVED
• 01 Apr 2025 — NOA E-MAILED - SOU REQUIRED FROM APPLICANT
• 04 Feb 2025 — OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
• 04 Feb 2025 — PUBLISHED FOR OPPOSITION
• 29 Jan 2025 — NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
• 15 Jan 2025 — APPROVED FOR PUB - PRINCIPAL REGISTER
• 15 Jan 2025 — EXAMINER'S AMENDMENT ENTERED
• 15 Jan 2025 — NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED
• 15 Jan 2025 — EXAMINERS AMENDMENT E-MAILED
• 15 Jan 2025 — EXAMINERS AMENDMENT -WRITTEN
• 02 Dec 2024 — TEAS/EMAIL CORRESPONDENCE ENTERED
• 02 Dec 2024 — CORRESPONDENCE RECEIVED IN LAW OFFICE