`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`QUALITEST PHARMACEUTICALS, INC.,
`
`V.
`
`Opposer,
`
`Opposition No. 153,455
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`PHARMACIA & UPJOHN COMPANY,
`
`Applicant.
`
`BOX TTAB-—NO FEE
`
`Commissioner for Trademarks
`
`2900 Crystal Drive
`Arlington, VA 22202-3513
`
`
`
`ANSWER TO NOTICE OF OPPOSITION
`
`(
`
`Applicant, Pharmacia & Upjohn Company,
`
`through its undersigned counselfgfzherebf.
`
`answers in response to the Notice of Opposition as follows, with the numbered paragraphlsibelowri
`
`corresponding to the numbered paragraphs of the Notice of Opposition:
`1.
`Applicant is without knowledge or information sufficient to form a belief
`
`»:
`
`the
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`truth of the allegations of this paragraph and therefore denies same.
`
`2.
`
`Applicant is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this paragraph and therefore denies same.
`
`3.
`
`Applicant is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this paragraph and therefore denies same.
`
`4.
`
`Applicant admits that Registration No. 1,902,162 issued in the name of Qualitest
`
`Products,
`
`Inc. and that an Affidavit of lncontestability was filed in connection with the
`
`application in the name of Qualitest Pharmaceuticals, Inc. Applicant is without knowledge or
`
`21368
`
`
`
`
`
`information sufficient to form a belief as to the truth of the remaining allegations of this
`
`paragraph and therefore denies same.
`
`5.
`
`Applicant admits that it filed an intent-to-use application to register the mark
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`ACTISUR for use in connection with pharmaceutical preparations, namely preparations for the
`
`treatment of infectious diseases; cancer; ophthalmologic conditions and diseases; central nervous
`
`system diseases and disorders; Parkinson’s disease; cardiovascular diseases and conditions;
`
`migraines; preparations for the treatment and symptoms of diabetes; pharmaceutical preparations
`
`for urological use; gynecological preparations; hormonal preparations; analgesics; and anti-
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`inflammatory pharmaceutical preparations.
`
`6.
`
`7.
`
`Applicant denies the allegations of this paragraph.
`
`Applicant denies that
`
`its intended use of the ACTISUR mark identified in
`
`Application Serial No. 78-108,407 will harm Opposer. Applicant is without knowledge or
`
`information sufficient to form a belief as to the truth of the remaining allegations of this
`
`paragraph and therefore denies same.
`
`Applicant therefore requests that the opposition be dismissed and that the application to
`
`register ACTISUR be approved.
`
`Respectfully submitted,
`
`PHARMACIA & UPJOHN COMPANY
`
`
`
`By:
`J. Pau
`
`illiamson
`
`Q. T dd Dickinson
`
`HO REY SIMON ARNOLD & WHITE, LLP
`1299 Pennsylvania Avenue, N.W.
`Washington, DC 20004-2402
`(202) 383-6544
`
`Attorneys for Applicant
`
`Date:
`
`/,2- L3 '0;_
`
`2l368
`
`
`
`
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`CERTIFICATE OF SERVICE
`
`This is to certify that a copy of the above “Answer to Notice of Opposition” was served on
`counsel of record for Opposer:
`
`Frank M. Caprio, Esq.
`Lanier Ford Shaver & Payne PC.
`200 West Side Square, Suite 5000
`Huntsville, AL 35801
`
`by First Class Mail, postage prepaid, on this
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`,
`
`(L
`day of December, 2002
`
`Q%j/2[Li/at
`
`Lorraine White
`
`21368
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