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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of Application Serial No. 76/160,968, filed November 7, 2000, for KOVICOR, in the name
`of KOS Pharmaceuticals, Inc., Miami, Florida, published in the Official Gazette on January 15, 2002.
`
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`Opposition No.
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`3
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`ABBOTT LABORATORIES
`
`Opposer,
`
`V-
`
`KOS PHARMACEUTICALS, INC.
`Applicant.
`
`NOTICE OF OPPOSITION
`
`.,
`Abbott Laboratories, an Illinois Corporation, located and doing business at 100 Abbotfiiark
`Road, Abbott Park, Illinois 60064-6050, believes it will be damaged by the registration of KO‘iZ}jCOR,:g,
`Application Serial No. 76/160,968, and hereby opposes the same.
`
`As grounds for opposition, it is alleged that:
`
`l.
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`2.
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`3.
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`4.
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`5.
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`6.
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`Opposer, Abbott Laboratories, has for many years been engaged in the manufacture,
`distribution, advertising, and sale of pharmaceuticals and nutritional supplements.
`
`Since prior to the filing date of the application opposed herein, opposer intends to use the
`trademark in connection with the marketing of pharmaceutical products as follows:
`KOVION: pharmaceutical preparations, namely, an analgesic, sedative, and anti-
`inflammatory.
`
`Opposer’s aforesaid trademark was filed in the USPTO on January 13, 2000, Application
`Serial No. 75/896,181
`
`Use by applicant of the trademark KOVICOR, for which registration is sought in the
`application opposed herein, “for pharmaceutical preparation for the treatment of
`cardiovascular conditions” is likely to cause confusion, mistake, or deception as to the source
`or ori gin, sponsorship, or approval of applicant’s products in that purchasers or others are
`likely to believe that applicant’s KOVICOR products and services are opposer’s products or
`services, or are in some way legitimately connected with, licensed, or approved by opposer.
`
`Upon information and belief, neither applicant nor any predecessor or related company of
`applicant has made use of the KOVICOR trademark nor filed its applications prior to January
`13, 2000, the date of opposer’s filing its trademark application.
`
`Use by applicant of the mark KOVICOR, for which registration is sought in the application
`opposed herein, is without opposer’s consent or permission.
`
`WHEREFORE, registration by applicant of the aforesaid trademark for the aforesaid goods would be
`damaging to opposer.
`
`05/17/2002 TSHITH
`
`00000206 010025
`
`76160960
`
`01 FC:377
`
`300.00 CH
`
`

`
`
`
`0
`
`THEREFORE, opposer respectfully requests that the application for registration be denied.
`
`Please withdraw the statutory fee of $300.00 from Abbott Laboratories’ Deposit Account
`No. 01-0025.
`
`Please address all correspondence to Frances M. Jagla, Abbott Laboratories, 100 Abbott Park Road,
`D-377, AP6D, Abbott Park, Illinois 60064-6050.
`
`Respectfully Submitted,
`
`ABBOTT LABORATORIES
`
` enior Counsel
`
`Abbott Laboratories
`100 Abbott Park Road
`
`D—3 77, AP6D
`Abbott Park, Illinois 60064-6050
`(847)937-5121
`
`Attorney for Opposer
`
`May 13, 2002
`
`

`
`
`
`I E ABBOTT
`
`Abbott Laboratories
`Patents and Trademarks
`100 Abbott Park Road
`
`Dept. 377, AP6D
`Abbott Park, IL 60064-6050
`
`Box TTAB FEE
`Assistant Commissioner for Trademarks
`2900 Crystal Drive
`Arlington, VA 22202-3513
`Dear Sir:
`
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`Enclosed are the following:
`
`Notice of Opposition
`
`Opposer Trademark: KOVION, Serial No. 75/896,181
`
`Applicant: KOVICOR, Serial No.- 76/160,968
`
`Acknowledgment card
`
`Respectfully submitted,
`
`ABBOTT LABORATORIES
`
`Telephone:
`Facsimile:
`
`(847) 937-5121
`(847) 938-2623
`
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`Senior Counsel
`
`Enclosures
`
`I do hereby certify that the foregoing documents are being deposited with the United States Postal Service as Express Mail, postage
`prepaid, in an envelope addressed to the Assistant Commissioner for Trademarks, 2900 Crystal Drive, Arlington, VA 22202-3513,
`on this date of
`5/14/02
`
`CERTIFICATE OF MAILING
`
`J J
`
`Name
`
`EJ604331485US
`Express Mail Number
`
`Ma 14 2002
`
`Date Deposited