Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1009798
`10/18/2019
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Application Serial
`No.
`
`79239991
`
`Applicant
`
`Bio-Gate AG
`
`Notice of Appeal
`
`Notice is hereby given that Bio-Gate AG appeals to the Trademark Trial and Appeal Board the refusal to re-
`gister the mark depicted in Application Serial No. 79239991.
`Applicant has filed a request for reconsideration of the refusal to register, and requests suspension of the ap-
`peal pending consideration of the request by the Examining Attorney.
`
`The refusal to register has been appealed as to the following classes of goods/services:
`- Class 001. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are appealed, namely: Chemicals containing elementary silver
`particles used in agriculture, horticulture and forestry except insecticides andnon-antifungal parasiticides;
`preparations comprising elementary silver particles for use in agriculture, horticulture and forestry except
`insecticides and non-antifungal parasiticides; chemical substances containing elementary silver particles
`for preserving foodstuffs; chemical substances containing elementary silver particles for coating or dip
`coating seeds for preserving the seeds; chemical substances containing elementary silver particles for in-
`creasing shelf-life of harvest and crop, namely, grain, vegetables, culinary fruits, tuberous crops,
`phytomedical plants/herbs, grapes; chemicalpreparations comprising elementary silver particles for pre-
`serving food stuffs;fertilizers containing elementary silver particles; fertilizers containing elementary silver
`particles in solid form; fertilizers containing elementary silver particles in liquid form; fertilizers comprising
`elementary silver particles; preparations containing elementary silver particles for fortifying plants; prepar-
`ations comprising elementary silver particles for fortifying plants; chemical substances containing element-
`ary silver particles for increasing the shelf-life of cut flowers; substances containing elementary silver
`particles for preserving cut flowers; chemical products containing elementary silver particles for preserving
`the freshness of cut flowers
`- Class 005. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are appealed, namely: Pharmaceutical preparations for fighting infec-
`tions or inflammations containingelementary silver particles, medicinal preparations for fighting infections
`or inflammations containing elementary silver particles and drugs in the nature of pharmaceutical prepara-
`tions for fightinginfections or inflammations containing elementary silver particles; pharmaceutical prepara-
`tions for wounds containing elementary silver particles; pharmaceutical preparations for fighting infections
`or inflammations containing elementary silver particles, medical preparations for fighting infections or in-
`flammations containing elementary silver particles and medicines for fighting infections or inflammations
`containing elementary silver particles and health care preparationsin the nature of pharmaceutical prepar-
`ations for fighting infections or inflammations containing elementary silver particles in the form of oint-
`ments, creams, gels, lotions, oils, foams, bath preparations and sprays; pharmaceutical ear care products
`namely, ear drops and lotionscontaining elementary silver particles;foot-care preparations for medical pur-
`poses, namely, athlete's foot preparations, preparations for treating nail onchomycosis, preparations for
`the treatment of cracked foot skin, preparations for foot wound-care containing elementary silver particles;
`tissues for medical use, namely, pre-moistened medicated tissue, wound dressing tissue containing ele-
`mentary silver particles; disinfectant-impregnated tissues containing elementary silver particles; tissues
`impregnated with pharmaceutical lotions containing elementary silver particles for the treatment of
`wounds, sun burns or local inflammations; pharmaceutical and veterinary preparations for fighting infec-
`tions or inflammations containing elementary silver particles; sanitary preparations for medical containing
`elementary silver particles; plasters containing elementary silver particles; dressings, medical con-
`tainingelementary silver particles; medical wound dressings containing elementary silver particles; wound
`dressings containingelementary silver particles; material for stopping teeth containing elementary silver
`particles, dental wax containing elementary silver particles; disinfectants containing elementary silver
`particles; bandages for skin wounds containing elementary silver particles; materials for dressing wounds,
`
`
`ESTTA1009798
`10/18/2019
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Application Serial
`No.
`
`79239991
`
`Applicant
`
`Bio-Gate AG
`
`Notice of Appeal
`
`Notice is hereby given that Bio-Gate AG appeals to the Trademark Trial and Appeal Board the refusal to re-
`gister the mark depicted in Application Serial No. 79239991.
`Applicant has filed a request for reconsideration of the refusal to register, and requests suspension of the ap-
`peal pending consideration of the request by the Examining Attorney.
`
`The refusal to register has been appealed as to the following classes of goods/services:
`- Class 001. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are appealed, namely: Chemicals containing elementary silver
`particles used in agriculture, horticulture and forestry except insecticides andnon-antifungal parasiticides;
`preparations comprising elementary silver particles for use in agriculture, horticulture and forestry except
`insecticides and non-antifungal parasiticides; chemical substances containing elementary silver particles
`for preserving foodstuffs; chemical substances containing elementary silver particles for coating or dip
`coating seeds for preserving the seeds; chemical substances containing elementary silver particles for in-
`creasing shelf-life of harvest and crop, namely, grain, vegetables, culinary fruits, tuberous crops,
`phytomedical plants/herbs, grapes; chemicalpreparations comprising elementary silver particles for pre-
`serving food stuffs;fertilizers containing elementary silver particles; fertilizers containing elementary silver
`particles in solid form; fertilizers containing elementary silver particles in liquid form; fertilizers comprising
`elementary silver particles; preparations containing elementary silver particles for fortifying plants; prepar-
`ations comprising elementary silver particles for fortifying plants; chemical substances containing element-
`ary silver particles for increasing the shelf-life of cut flowers; substances containing elementary silver
`particles for preserving cut flowers; chemical products containing elementary silver particles for preserving
`the freshness of cut flowers
`- Class 005. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are appealed, namely: Pharmaceutical preparations for fighting infec-
`tions or inflammations containingelementary silver particles, medicinal preparations for fighting infections
`or inflammations containing elementary silver particles and drugs in the nature of pharmaceutical prepara-
`tions for fightinginfections or inflammations containing elementary silver particles; pharmaceutical prepara-
`tions for wounds containing elementary silver particles; pharmaceutical preparations for fighting infections
`or inflammations containing elementary silver particles, medical preparations for fighting infections or in-
`flammations containing elementary silver particles and medicines for fighting infections or inflammations
`containing elementary silver particles and health care preparationsin the nature of pharmaceutical prepar-
`ations for fighting infections or inflammations containing elementary silver particles in the form of oint-
`ments, creams, gels, lotions, oils, foams, bath preparations and sprays; pharmaceutical ear care products
`namely, ear drops and lotionscontaining elementary silver particles;foot-care preparations for medical pur-
`poses, namely, athlete's foot preparations, preparations for treating nail onchomycosis, preparations for
`the treatment of cracked foot skin, preparations for foot wound-care containing elementary silver particles;
`tissues for medical use, namely, pre-moistened medicated tissue, wound dressing tissue containing ele-
`mentary silver particles; disinfectant-impregnated tissues containing elementary silver particles; tissues
`impregnated with pharmaceutical lotions containing elementary silver particles for the treatment of
`wounds, sun burns or local inflammations; pharmaceutical and veterinary preparations for fighting infec-
`tions or inflammations containing elementary silver particles; sanitary preparations for medical containing
`elementary silver particles; plasters containing elementary silver particles; dressings, medical con-
`tainingelementary silver particles; medical wound dressings containing elementary silver particles; wound
`dressings containingelementary silver particles; material for stopping teeth containing elementary silver
`particles, dental wax containing elementary silver particles; disinfectants containing elementary silver
`particles; bandages for skin wounds containing elementary silver particles; materials for dressing wounds,
`
`
`
`namely, gauze for dressings or bandages, cellulose and cellulose derivatives for dressings, silk for dress-
`ings and bandages, alginate for dressings, chitosan for dressings, hydrogels for dressings, polyurethanes
`for dressings or bandages, polyesters for dressings or bandages containing elementary silver particles;
`sponges impregnated with antiseptics or anti-inflammatory material for healing wounds containing ele-
`mentary silver particles; antiseptic preparations for wound care containing elementary silver particles;
`Sponge material for healing wounds containing elementary silver particles; adhesive bandages for skin
`wounds containing elementary silver particles; medical adhesives for binding wounds containing element-
`ary silver particles; dental materials for stopping the teeth containing elementary silver particles; dental
`materials for stopping the teeth on basis of polymers containing elementary silver particles; synthetic ma-
`terials for dental use for fillings containing elementary silver particles; dental cements containing element-
`ary silver particles; dental lacquer containing elementary silver particles; dental varnishes for sealing teeth
`for use by dentists containing elementary silver particles; bone cements for orthopedic purposes contain-
`ing elementary silver particles; bone cements for surgical purposes containing elementary silver particles;
`bone cement for medical purposes containing elementary silver particles; bone cements for medical ortho-
`pedic purposes containingelementary silver particles; bone cements on basis of polymers containing ele-
`mentary silver particles; absorbent sanitary articles, namely, pants for incontinence, sanitary pads contain-
`ing elementarysilver particles; panty liners containing elementary silver particles; babies' diapers of cellu-
`lose or paper containingelementary silver particles; napkins for incontinence containing elementary silver
`particles; disposable panty liners of cellulose for napkins containing elementary silver particles; impreg-
`nated antiseptic wipes containing elementary silver particles; pharmaceutical preparationsin the form of
`emulsions for fighting infections or inflammations containing elementary silver particles; chemical products
`for the treatment of plant disease,namely, powders, sprays, irrigation liquids, waxes, plasters, filling mater-
`ials, superabsorber materials containing elementary silver particles; preparations comprising elementary
`silver particles for the treatment of plant diseases, namely, powders, sprays, irrigation liquids, waxes,
`plasters, filling materials, superabsorber materials containing elementary silver particles; chemical
`products for the protection of plants from bacterial and fungal infection, namely, fungicides, bactericides,
`seed protectants containing elementary silver particles; preparations comprising elementary silver
`particles for the protection of plants frombacterial and fungal infection for agricultural use
`Respectfully submitted,
`/Anne Naffziger/
`10/18/2019
`Anne Naffziger
`Leydig, Voit & Mayer, Ltd.
`1981 N. Broadway Suite 375
`Walnut Creek, CA 94596
`UNITED STATES
`trademark@leydig.com
`9254820100
`
`
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