Vitality Group International, Inc. (P) vs TKO Health and Wellness LLC (D)
Pending
Oppositions
Proceeding Details
Proceeding Number
Filing Date
Mar 25, 2026
Last Status Update
Mar 25, 2026
Interlocutory Attorney
CHARLES HISER
Parties
Plaintiff
Vitality Group International, Inc.




ONE INDIANA SQUARE, SUITE 3500
INDIANAPOLIS, IN 46204
Attorney / Correspondent:
VICTORIA G. SEDINGERTAFT STETTINIUS & HOLLISTER LLP
ONE INDIANA SQUARE, SUITE 3500
INDIANAPOLIS, IN 46204
Marks:
VITALITY STATUS
Registered
|Reg #: 2800989|S/N: 76358631
VITALITY STATUS
LIVE - REGISTERED
Service MarkWordOwner: VITALITY GROUP INTERNATIONAL, INC.
Status: REGISTERED AND RENEWED

Record Details
Serial No.
76358631
Registration No.
2800989
Status
LIVE
Important Dates
Filed
Jan 11, 2002
Registered
Dec 30, 2003
First Use
Nov 26, 2001
Goods & Services
Class 036
Providing health insurance underwriting services
VITALITY
Registered
|Reg #: 4234395|S/N: 77969834
VITALITY
LIVE - REGISTERED
Service MarkStylizedOwner: VITALITY GROUP INTERNATIONAL, INC.
Status: REGISTERED AND RENEWED
Record Details
Serial No.
77969834
Registration No.
4234395
Status
LIVE
Important Dates
Filed
Mar 26, 2010
Registered
Oct 30, 2012
First Use
Jul 15, 2009
Goods & Services
Class 035Class 042
Providing assistance, fitness evaluation and consultation to businesses to help their employees make health, wellness and nutritional changes in their daily living to increase productivity and lower health care costs; Application services provider, namely, providing, hosting, managing, developing, researching, analyzing, reporting, and maintaining applications, software and databases for others in the fields of employee health insurance and wellness programs
VITALITY POINTS
Registered
|Reg #: 5351261|S/N: 86947020
VITALITY POINTS
LIVE - REGISTERED
Service MarkWordOwner: VITALITY GROUP INTERNATIONAL, INC.
Status: PARTIAL SECTION 8 & 15 ACCEPTED AND ACKNOWLEDGED
Record Details
Serial No.
86947020
Registration No.
5351261
Status
LIVE
Important Dates
Filed
Mar 21, 2016
Registered
Dec 5, 2017
First Use
Nov 26, 2001
Goods & Services
Class 035Class 036
[ Health related insurance services, namely, underwriting, administering, managing, and providing traditional and pre-paid health insurance plans, consumer driven health care plans, health reimbursement arrangements, medical savings account services, health benefit plan management services and pre-paid health insurance plans for the benefit of others; Insurance underwriting and administrative services, namely, the underwriting and administration of life insurance, health insurance or medical insurance; healthcare financing; providing information in the field of healthcare financing; ] issuing of tokens of value in relation to customer loyalty arrangements and programs exclusively related to life insurance, health insurance or medical insurance; [ insurance services, namely, administration of health insurance; ] administration of pre-paid health care plans offering wellness programs that reward members for participation in prevention, fitness, lifestyle and education activities [ ; Insurance underwriting and administration services for life insurance programs and health insurance programs which include a wellness program; Providing databases featuring information about insurance, namely, employee health insurance; health care related services, namely, wellness services, namely, providing benefit services information by means of a global computer network; health care related services, namely, providing benefit services information by means of a global computer network ]; Health care related services, namely, wellness services, namely, promoting health and healthy behaviors by means of arranging and conducting incentive awards programs for health plan participants to motivate their participation in activities that promote health and reward healthy behaviors; providing assistance, incentive loyalty programs and reward programs, and consultation to businesses to help their employees make health, wellness and nutritional changes in their daily living to increase business productivity and lower health care costs [ ; providing business consulting services in the field of wellness, namely, providing health plan sponsors with business information and business methods for coordinating each health plan participant's plan participation costs with the level of such participant's engagement in behaviors that promote health and wellness; providing business assistance and consultation to businesses in the field of health care to help employees make health, wellness and nutritional changes in their daily living to increase productivity and lower health care costs; Business consultation to assist businesses in promoting employee awareness of the benefits of making health, wellness and nutritional changes in their daily living to increase productivity and lower health care costs; management of databases in the fields of wellness programs; database management for others in the fields of employee life and health insurance and wellness programs; database management for others in the fields of employee health insurance and wellness programs ]; [ Health care related services, namely, wellness services, namely, providing health plan participants with health information to motivate their participation in activities that promote health and reward healthy behaviors, and providing health and medical care information by means of a global computer network; providing an on-line computer database for others featuring information regarding health and nutrition in the fields of employee life and health insurance and wellness programs; providing an on-line computer database for others featuring information regarding health and nutrition in the fields of employee health insurance and wellness programs; health care related services, namely, wellness programs and providing health and medical care information by means of a global computer network ]; "POINTS"; [ Application services provider, namely, hosting, managing, developing, researching, analyzing, and maintaining applications, software for others in the fields of employee life and health insurance and wellness programs; Application services provider, namely, providing online non-downloadable applications and software for others for setting and tracking health goals, locating gyms, and tracking workouts in the fields of employee life and health insurance and wellness programs; application service provider, namely, hosting, managing, developing, researching, analyzing, and maintaining applications, software for others in the fields of employee health insurance and wellness programs; Health care related services, namely, wellness programs and providing health and medical care information and benefit services information by means of a global computer network; hosting digital content on the Internet, namely, hosting an on-line computer database for others in the fields of employee life and health insurance and wellness programs; hosting digital content on the Internet, namely, hosting an on-line computer database for others in the fields of employee health insurance and wellness programs ]
VITALITY HEALTHYFOOD
Registered
|Reg #: 4863488|S/N: 85703895
VITALITY HEALTHYFOOD
LIVE - REGISTERED
Service MarkWordOwner: VITALITY GROUP INTERNATIONAL, INC.
Status: REGISTERED AND RENEWED
Record Details
Serial No.
85703895
Registration No.
4863488
Status
LIVE
Important Dates
Filed
Aug 15, 2012
Registered
Dec 1, 2015
First Use
Mar 20, 2013
Goods & Services
Class 035Class 042
Providing assistance, fitness evaluation and consultation to businesses to help their employees make health, wellness and nutritional changes in their daily living to increase productivity and lower health care costs; Application service provider, namely, providing, hosting, managing, developing, researching, analyzing, reporting, and maintaining applications, software and databases for others in the fields of employee health insurance and wellness programs
VITALITY
Pending
S/N: 88522379
VITALITY
LIVE - PENDING
Service MarkWordOwner: Vitality Group International, Inc.
Status: OPPOSITION PENDING
Record Details
Serial No.
88522379
Status
LIVE
Important Dates
Filed
Jul 18, 2019
First Use
Jul 15, 2019
Goods & Services
Class 035Class 036
Health care related services in the nature of wellness services, namely, providing health plan participants incentives to motivate their participation in activities that promote health and reward healthy behaviors via providing recognition and incentives by the way of awards to demonstrate excellence in the fields of healthy eating and continued and effective practice of physical exercise to motivate their participation in activities that promote health and reward healthy behaviors by means of a global computer network; providing recognition and incentives by the way of rewards in the nature of awards distributed through a loyalty program contests for businesses to demonstrate excellence in the fields of making health, wellness and nutritional changes in daily living to increase productivity and lower health care costs, specifically excluding promotional services relating to financial services, credit and debit card services and payment solutions services, incentive loyalty programs and reward programs unrelated to life insurance, health insurance or medical insurance, identify theft identification and protection services, and bonus programs and promotional schemes associated with credit card services and payment solution services; Providing an on-line computer database for others featuring information regarding fitness, which is used to assist in researching and reporting in the fields of health care wellness programs; Health care related wellness services, namely, providing benefit services information in the nature of information about healthcare insurance plans by means of a global computer network; Health related insurance services, namely, health insurance underwriting, insurance administration, financial management, and insurance brokerage, all in the field of traditional and pre-paid health insurance plans, consumer driven health care plans, health reimbursement arrangements, medical savings accounts and pre-paid health insurance plans for the benefit of others, and health benefit plan management services in the nature of processing, administering and managing employee benefits plans concerning insurance and finance; providing an on-line computer database for others featuring information and statistics about patient reimbursement and insurance coverage for researching and reporting in the fields of employee life and health insurance; Insurance services, namely, the underwriting and administration of life insurance, health insurance and medical insurance; providing financial information in the field of financing loans for individual healthcare; issuing of tokens of value in relation to customer loyalty arrangements and programs exclusively related to life insurance, health insurance and medical insurance, specifically excluding the issuance of tokens of value for financial services, credit and debit card services and payment solutions services, incentive loyalty programs, reward programs unrelated to life insurance, health insurance or medical insurance, identify theft identification and protection services, bonus programs and promotional schemes associated with credit card services and payment solution services; Providing wellness services, namely, providing health plan sponsors with financial information and financial advice about methods for coordinating each health plan participant's plan participation costs with the level of such participant's engagement in behaviors that promote health and wellness; administration of pre-paid health care plans offering wellness programs that reward members for participation in prevention, fitness, lifestyle and education activities; Health care related services, namely, providing benefit services information in the nature of information about healthcare insurance plans by means of a global computer network; Providing databases featuring information about insurance, namely, employee health insurance; Health related insurance services and products, namely, underwriting and financial, claims administration of traditional and pre-paid health insurance plans, consumer driven health care plans, health reimbursement arrangements, medical savings accounts and pre-paid health insurance plans that mutually benefit employees, employers, and the greater society based on dynamic pricing and risk-management analysis; Health care related wellness services, namely, providing health plan participants with information via a web site on healthcare benefit insurance plans; healthcare financing in the nature of financing loans for individual healthcare; Insurance services, namely, claims, financial administration of health insurance; Insurance underwriting and insurance administration services for life insurance programs and health insurance programs which include a wellness program; Healthcare financing in the nature of financing medical research of others; Health related insurance services and products, namely, providing a health insurance exchange in the nature of a marketplace that offers purchasers of health insurance a variety of plans, namely, traditional and pre-paid health insurance plans, consumer driven health care plans, health reimbursement arrangements, from different insurance providers, and health benefit plan management services of others in the nature of cost management for the health benefit plans of others; Providing business assistance and consultation to businesses to help their employees make health, wellness and nutritional changes in their daily living to increase productivity and lower health care costs, namely, by promoting awareness of the benefits of making health, wellness and nutritional changes in daily living via incentive loyalty programs and reward programs, specifically excluding promotional services relating to financial services, credit and debit card services and payment solutions services, incentive loyalty programs and reward programs unrelated to life insurance, health insurance or medical insurance, identify theft identification and protection services, and bonus programs and promotional schemes associated with credit card services and payment solution services; Providing business assistance and consultation to businesses to help their employees make health, wellness and nutritional changes in their daily living to increase productivity and lower health care costs in the nature of health care cost review and containment; Business consultation to assist businesses in promoting employee awareness of the benefits of making health, wellness and nutritional changes in their daily living to increase productivity and lower health care costs; management of databases in the fields of wellness programs; Health related insurance services, namely, cost management of traditional and pre-paid health insurance plans, consumer driven health care plans, health reimbursement arrangements and pre-paid health insurance plans that mutually benefit employees, employers, and the greater society based on dynamic pricing and risk-management analysis, and health benefit plan cost management services; providing business administration assistance and consultation to businesses to lower health care cost and increase productivity through employee health, wellness and nutritional changes in their daily living; management of databases in the fields of employee health insurance and wellness programs; Health care related services in the nature of wellness services, namely, providing health plan participants with information via a web site on the benefits of good health and nutrition, and providing health and medical care information in the nature of internet-based health care information services by means of a global computer network; Providing an on-line computer database for others featuring information regarding health and nutrition for researching and reporting in the fields of health care wellness programs; providing information in connection with the forgoing, namely, medical information; Providing wellness services, namely, providing health plan sponsors with personalized healthcare and medical information through reports regarding participant's engagement in behaviors that promote health and wellness and methods in the nature of medical advice in the field of physical activity for promoting personal fitness to help coordinate each health plan participant's plan participation costs with the level of such participant's engagement in behaviors that promote health and wellness; Health care services in the nature of wellness programs that reward members for participation in prevention, fitness, lifestyle and education activities; Health care related services, namely, health care services in the nature of wellness programs and providing health and medical care information by means of a global computer network; providing information in connection with the forgoing, namely, healthcare information; Health care related services, namely, wellness programs and providing health and medical care information by means of a global computer network; Providing medical testing services, namely, fitness evaluation provided to businesses in order to help their employees make health, wellness and nutritional changes in their daily living, which will help to increase productivity and lower health care costs; Providing an on-line computer database for others featuring information and statistics about health and wellness, which is used to assist in researching and reporting in the fields of employee life and health insurance; Health care related services, namely, wellness programs and providing health and medical care information and benefit services information by means of a global computer network; Application services provider, namely, hosting, managing, developing, researching, analyzing, and maintaining applications, software for others in the fields of employee life and health insurance and wellness programs; Application services provider, namely, providing online non-downloadable applications and software for others for setting and tracking health goals, locating gyms, and tracking workouts in the fields of employee life and health insurance and wellness programs; application service provider, namely, hosting, managing, developing, researching, analyzing, and maintaining applications, software for others in the fields of employee health insurance and wellness programs; hosting digital content on the Internet, namely, hosting an on-line computer database for others in the fields of employee life and health insurance and wellness programs; hosting digital content on the Internet, namely, hosting an on-line computer database for others in the fields of employee health insurance and wellness programs
VS
Defendant
TKO Health and Wellness LLC
405 MARSH AVENUE
RENO, NV 89509
Attorney / Correspondent:
Mark:
TO KNOW ONESELF VITALITY HEALTH AND WELLNESS
Pending
S/N: 99143970
TO KNOW ONESELF VITALITY HEALTH AND WELLNESS
LIVE - PENDING
TrademarkWordITU
Owner: TKO Health and Wellness LLC
Status: REQUEST FOR EXTENSION OF TIME TO FILE OPPOSITION
Record Details
Serial No.
99143970
Status
LIVE
Important Dates
Filed
Apr 18, 2025
First Use
Jul 1, 2024
Goods & Services
Class 005Class 044
Dietary and nutritional supplements; Medical testing for fitness evaluation in the nature of body composition analysis; Wellness and health-related consulting services; Telemedicine services; Providing medical advice in the field of weight loss; No claim is made to the exclusive right to use "HEALTH AND WELLNESS", apart from the mark as shown.
TTAB Documents
Title | Date | Entry # | Category | Code | Actions |
|---|---|---|---|---|---|
INSTITUTED | Mar 25, 2026 | 3 | Status | 128 | |
NOTICE AND TRIAL DATES SENT; ANSWER DUE: | Mar 25, 2026 | 2 | Scheduling | 707 | |
FILED AND FEE | Mar 25, 2026 | 1 | Fees | 124 |