IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`E3
`
`I‘
`0 ;
`Fix
`
`ea
`
`Opposition No. 150,473
`
`§ §
`
`§
`§
`§
`§
`§
`§
`
`San Diego Hospital Association,
`
`v.
`
`Opposer,
`
`Pharmacia & Upjohn Company,
`
`Applicant.
`
`APPLICANT’S ANSWER TO THE NOTICE OF OPPOSITION
`
`Applicant} Pharmacia & Upjohn Company, through its undersigned attorneys, answers
`
`the opposition as follows:
`
`1. Applicant admits the allegations contained in Paragraph 1 of the Notice of Opposition.
`
`2. Applicant admits the existence of U.S. Registration No. 1,802,451, but lacks knowledge or
`
`information sufficient to form a belief as to the truth of the remaining allegations in
`
`Paragraph 2 of the Notice of Opposition and therefore denies them.
`
`3. Applicant admits the existence of U.S. Registration No. 1,924,247, but lacks knowledge or
`
`information sufficient to form a belief as to the truth of the remaining allegations in
`
`Paragraph 3 of the Notice of Opposition and therefore denies them.
`
`I The Notice of Opposition incorrectly refers to Applicant as Pharmaczia Upjohn Company rather than Pharmacia &
`Upjohn Company. Applicant presumes this was a typographical error and is responding as if the pleading referred to
`Pharmacia & Upjohn Company.
`
`
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`E3
`
`I‘
`0 ;
`Fix
`
`ea
`
`Opposition No. 150,473
`
`§ §
`
`§
`§
`§
`§
`§
`§
`
`San Diego Hospital Association,
`
`v.
`
`Opposer,
`
`Pharmacia & Upjohn Company,
`
`Applicant.
`
`APPLICANT’S ANSWER TO THE NOTICE OF OPPOSITION
`
`Applicant} Pharmacia & Upjohn Company, through its undersigned attorneys, answers
`
`the opposition as follows:
`
`1. Applicant admits the allegations contained in Paragraph 1 of the Notice of Opposition.
`
`2. Applicant admits the existence of U.S. Registration No. 1,802,451, but lacks knowledge or
`
`information sufficient to form a belief as to the truth of the remaining allegations in
`
`Paragraph 2 of the Notice of Opposition and therefore denies them.
`
`3. Applicant admits the existence of U.S. Registration No. 1,924,247, but lacks knowledge or
`
`information sufficient to form a belief as to the truth of the remaining allegations in
`
`Paragraph 3 of the Notice of Opposition and therefore denies them.
`
`I The Notice of Opposition incorrectly refers to Applicant as Pharmaczia Upjohn Company rather than Pharmacia &
`Upjohn Company. Applicant presumes this was a typographical error and is responding as if the pleading referred to
`Pharmacia & Upjohn Company.
`
`
`
`
`
`4. Applicant admits the existence of U.S. Registration No. 2,246,251, but lacks knowledge or
`
`information sufficient to form a belief as to the truth of the remaining allegations in
`
`Paragraph 4 of the Notice of Opposition and therefore denies them.
`
`Applicant admits that it has filed an intent-to-use application seeking to register the mark Z-
`
`SHARP for pharmaceutical preparations, namely preparations for the treatment of infectious
`
`diseases, oncological preparations, analgesics, preparations for the treatment and symptoms
`
`of diabetes, preparations for the treatment of opthalmological conditions and diseases,
`
`preparations for the treatment of central nervous systems diseases and disorders, preparations
`
`for the treatment of Parkinson's disease, gynecological preparations, anti-inflammatory
`
`pharmaceutical preparations, preparations for the treatment of cardiovascular diseases and
`
`conditions, hormonal preparations and preparations for the treatment of migraines; and intra
`
`ocular lens, but lacks knowledge and information sufficient to form a belief as to the truth of
`
`the remaining allegations in Paragraph 5 of the Notice of Opposition and therefore denies
`
`them.
`
`Applicant admits that registration of its mark Z-SHARP would provide Applicant with prima
`
`facie exclusive rights in said mark for the covered goods, and denies the remaining
`
`allegations in Paragraph 6 of the Notice of Opposition.
`
`Applicant denies the allegations contained in Paragraph 7 of the Notice of Opposition
`
`concerning any inference by Applicant and lacks knowledge and information sufficient to
`
`form a belief as to the truth of the remaining allegations; and therefore denies them.
`
`8. Applicant denies the allegations contained in Paragraph 8 of the Notice of Opposition.
`
`w: I4842(BG@01!.DOC)
`
`
`
`
`
`Consequently, Applicant respectfully requests that the Notice of Opposition be dismissed
`
`with prejudice, that judgment be entered against Opposer, and that Applicant’s application be
`
`pennitted to proceed to registration.
`
`Respectfully submitted,
`
`PHAKMACLA & UPJOHN COMPANY
`
`11% 8
`
`J. Paul
`
`illiamson
`
`George C. Pologeorgis
`Howrey Simon Arnold & White, LLP
`1299 Pennsylvania Avenue, NW.
`Washington, DC. 20004
`(202) 783-0800
`
`Attorneys for Applicant
`
`Date: December27, 2002
`
`By:
`
`w; 14842(BG@0l!.DOC)
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`This is to certify that a copy of the foregoing “App1icant’s Answer to the Notice of
`Opposition” was served on Opposer’s attorney, Katherine M. Hoffman, Esq., Luce, Forward,
`Hamilton & Scripps, 600 West Broadway, Suite 2600, San Diego, CA 92101 by First Class mail,
`postage prepaid, this 27th day of December, 2002.
`
`
`
`w: l4842(BG@01!.DOC)
`
`
`
`
`
`HOWREY
`SIMON
`ARNOLD
`
`&WH'TE ATTORNEYS AT LAW
`HOWREY
`
`1299 PENNSYLVANIA AVE., NW
`WASHINGTON, DC 20004-2402
`PHONE 202.783.0800
`FAX 202.383.6610
`A LIMITED LIABILITY PARTNERSHIP
`
`December 27, 2002
`
`VIA HAND DELIVERY
`
`BOX TTAB/ NO FEE
`
`Trademark Trial and Appeal Board
`2900 Crystal Drive
`Arlington, Virginia 22202-3513
`
`FILE NO.: 027090364
`
`V
`
`D
`1;,’
`I"-1
`C’)
`
`V3
`__
`
`‘
`
`‘
`
`3.
`T
`'
`
`"
`
`Q» y:
`
`Re:
`
`San Diego Hospital Association v. Pharmacia & Upjohn Company
`Opposition No. 150,473
`
`Dear Sir/Madam:
`
`«:2
`Enclosed. please find the following document for appropriate action by the Trademark Tiial and "
`Appeal Board:
`
`1. Applicant’s Answer to the Notice of Opposition; and
`2. Return receipt postcard.
`
`It is respectfully requested that the attached postcard be stamped with the date of filing of the
`above document, and that it be returned to our courier. Any fee deficiency or overpayment
`should be charged or credited to Deposit Account No. 08-3038 referencing file number
`O2709.0364. A duplicate copy of this letter is enclosed.
`
`Very truly yours,
`
`George C. Pologeorgis
`
`Enclosure
`
`cc:
`
`Cynthia B. Summerfield, Esq.
`J. Paul Williamson, Esq.
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