umumzmmmmmmmumummum
`
`07-03-2002
`
`U 8. Patents: TMo1eITM Mail Rep: D1. «:5
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Application Serial No. 78/089,873
`Published in the Official Gazette of June 4, 2002
`Atty. Ref.: 312.0941
`_ _ _ _ . _ _ . . _ . _ _ . . . _ _ _ . _ . . _ . . _-x
`
`IPR PHARMACEUTICALS, INC. ,
`
`Opposer,
`
`Opposition No. :
`
`-aga1nSt—'
`
`PHARMACIA & UPJOHN COMPANY,
`
`Applicant.
`
`..........................
`
`Commissioner for Trademarks
`
`2900 Crystal Drive
`Arlington, VA 22202-3513
`
`Attn: BOX TTAB FEE
`
`“EXPRESS MAIL" Label NO . : EV]. 1 8 9 5 27 7 SUS
`I hereby certify that this paper or fee is being deposited with the United Slates Postal
`Service “Exmess Mail
`st Office to Addresses" service under 37 C.F.R. § 1.10 on the
`date indicated below :1 is addressd to the Com ' sioner for Trademarks. 2900
`Crystal Drive, Arling
`, VA 22202-3 .
`Q
`
`
`
`N_(_ LTICE OF OPPOSITION
`
`IPR Pharmaceuticals, Inc., a Puerto Rican corporation, with a place of business located
`
`at Sabana Gardens Industrial Park, P.0. Box 1967, Carolina, Puerto Rico 00984 [hereinafter
`
`"0pposer"], believes that it will be damaged by registration of the trademark “VIGENT”, as
`
`shown in Application Serial No. 78/089,873, and hereby opposes same.
`
`As grounds for opposition, it is alleged that:
`
`07/10/8002 HPETTY
`
`00000102 78089873
`
`01 FC:377
`
`300.00 OP
`
`91321-1v1
`
`
`
`07-03-2002
`
`U 8. Patents: TMo1eITM Mail Rep: D1. «:5
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Application Serial No. 78/089,873
`Published in the Official Gazette of June 4, 2002
`Atty. Ref.: 312.0941
`_ _ _ _ . _ _ . . _ . _ _ . . . _ _ _ . _ . . _ . . _-x
`
`IPR PHARMACEUTICALS, INC. ,
`
`Opposer,
`
`Opposition No. :
`
`-aga1nSt—'
`
`PHARMACIA & UPJOHN COMPANY,
`
`Applicant.
`
`..........................
`
`Commissioner for Trademarks
`
`2900 Crystal Drive
`Arlington, VA 22202-3513
`
`Attn: BOX TTAB FEE
`
`“EXPRESS MAIL" Label NO . : EV]. 1 8 9 5 27 7 SUS
`I hereby certify that this paper or fee is being deposited with the United Slates Postal
`Service “Exmess Mail
`st Office to Addresses" service under 37 C.F.R. § 1.10 on the
`date indicated below :1 is addressd to the Com ' sioner for Trademarks. 2900
`Crystal Drive, Arling
`, VA 22202-3 .
`Q
`
`
`
`N_(_ LTICE OF OPPOSITION
`
`IPR Pharmaceuticals, Inc., a Puerto Rican corporation, with a place of business located
`
`at Sabana Gardens Industrial Park, P.0. Box 1967, Carolina, Puerto Rico 00984 [hereinafter
`
`"0pposer"], believes that it will be damaged by registration of the trademark “VIGENT”, as
`
`shown in Application Serial No. 78/089,873, and hereby opposes same.
`
`As grounds for opposition, it is alleged that:
`
`07/10/8002 HPETTY
`
`00000102 78089873
`
`01 FC:377
`
`300.00 OP
`
`91321-1v1
`
`
`
`«
`
`n
`
`It
`
`‘
`
`.
`
`1.
`
`Applicant has filed an application in the United States Patent and Trademark Office,
`
`Serial No. 78/089,873, filed October 24, 2001, for registration of the trademark “VIGENT” on
`
`the Principal Register in respect of "pharmaceutical preparations, namely preparations for the
`
`treatment of irfectious diseases, cancer, ophthalmological conditions and diseases, central nervous
`
`systems diseases and disorders, Parkinson’s disease, cardiovascular diseases and conditions,
`
`migraines, analgesics; preparations for the treatment and symptoms of diabetes; hormonal
`
`preparations; anti~inflammatory pharmaceutical preparations" (lnt'l. Class 5), on the basis of an
`
`alleged bona fide intention to use said mark in commerce.
`
`2.
`
`Upon information and belief, applicant did not use its alleged trademark “VIGENT”
`
`anywhere in the United States, or in commerce, prior to its aforementioned application filing date.
`
`3.
`
`Opposer is a leading producer and distributor of high—quality pharmaceutical
`
`products.
`
`4.
`
`Opposer has applied to register the trademark “VIBRENT” on the Principal Register
`
`of the United States Patent and Trademark Office, Ser. No. 75/878,420, filed December 21, 1999
`
`in respect of “pharmaceutical preparations for the treatment of cardiovascular diseases” (Int’l. Cl.
`
`5). Said application has been “allowed” by the United States Patent and Trademark Office.
`
`5.
`
`There is no issue of priority since the filing date of applicant's “VIGENT”
`
`trademark application is subsequent to the filing date of Opposer’s “VIBRENT” trademark
`
`application.
`
`6.
`
`Opposer’s pleaded mark possesses a high degree of inherent distinctiveness and
`
`represents or will represent an extremely valuable asset and symbol of the goodwill of its business
`
`by identifying goods which have their source of origin exclusively with opposer, and by
`
`distinguishing such goods from those of others.
`
`91323111
`
`2
`
`
`
`r
`
`4
`
`7.
`
`Applicant's alleged trademark “VIGENT” is confusingly similar to opposer's
`
`pleaded mark “VIBRENT" in sound, appearance and/or commercial impression.
`
`8.
`
`The respective goods of the opposer and the applicant are identical, related and/or
`
`complementary and would travel through the same channels of trade and/or be sold to the same
`
`general class of purchasers and/or users of pharmaceuticals and medical products.
`
`9.
`
`Under the “doctrine of greater care”, the applicant has a duty to adopt a trademark
`
`for its aforementioned goods which is clearly distinguishable from opposer’s trademark for similar
`
`pharmaceutical preparations.
`
`10.
`
`Under the “doctrine of greater care”, applicant’s alleged trademark “VIGENT" is
`
`likely to cause confusion, or to cause mistake, or to deceive with respect
`
`to opposer’s trademark
`
`“VIBRENT.”
`
`ll.
`
`Applicant's alleged trademark is calculated or likely to cause confusion or mistake
`
`or deception of purchasers as to the respective marks of the opposer and the applicant, and also
`
`as to the source of origin or sponsorship of the goods for which such marks are used, or are
`
`intended to be used.
`
`12.
`
`Applicant's alleged trademark is calculated or likely to cause irreparable loss,
`
`injury and damage to opposer's business and to the goodwill thereto appertaining as symbolized
`
`and recognized by its aforementioned mark.
`
`13.
`
`Applicant's alleged trademark is a colorable imitation or misappropriation of
`
`opposer's pleaded mark, and will enable applicant to reap where it has not sown by trading on the
`
`goodwill of opposer's business as symbolized and recognized by its aforementioned mark.
`
`91323V1
`
`3
`
`
`
`WHEREFORE, opposer, by its undersigned attorneys, prays that its opposition to
`
`Application Serial No. 78/089,873 be sustained and that the Trademark Trial and Appeal Board
`
`grant any and all further relief to the Opposer that the Board finds to be necessary and just in the
`
`circumstances.
`
`A duplicate copy of this Notice of Opposition is enclosed, along with a check for $300 in
`
`payment of the official filing fee. The Commissioner is authorized to charge our Deposit Account
`
`No. 20-1439, for any other fees required to be paid in connection with this proceeding.
`
`Respectfully submitted,
`
`TRADEMARK & PATENT COUNSELORS
`
`OF A1\/IERICA, P.C.
`
`Dated: July 1, 2002
`
`.
`
`By
`
`/h\al'k ii ~ Dflflfl
`
`Mark I. Peroff
`Keith E. Danish
`
`J ‘g\a¢“L
`
`I
`
`915 Broadway
`19th Floor
`
`New York, NY 10010-7108
`
`Tel. No.2 (212) 387-0247
`
`Attorneys for Opposer
`
`91323111
`
`4
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
