L93
`
`I
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`_______________________________________________________________________X
`
`1 1-20-2002
`
`.
`U.S. P re
`3 nt & TM01‘cITM Mall Flcpt Dz_ #01
`
`_-«A_‘
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`hi the Matter of the Application of:
`
`Cellegy Pharmaceuticals
`
`Serial No.: 76—360,690
`
`Published in the OFFICIAL GAZETTE
`on: October 22, 2002
`
`For the trademark: CELLEGESIC
`
`______________________________________________________________________-X
`
`Assistant Commissioner for Trademarks
`
`2900 Crystal Drive
`Arlington, VA 22202-3513
`
`NOTICE OF OPPOSITION
`
`Sir:
`
`CDF‘f’
`In the matter of the application for registration of the trademark CELLEGESIC of Cellegiyj
`
`-I J
`.3
`
`Pharmaceuticals (hereinafter referred to as “Applicant”) shown in Application
`
`Serial No. 76—360,690
`
`filed January 18, 2002, for “pharmaceutical preparations and ointrnents for the treatment of rectal
`
`conditions, diseases and disorders” and published for opposition in the Official
`
`Gazette of October 22,
`
`2002.
`
`Wyeth, a corporation of the State of Delaware, with offices at Five Giralda Farms, Madison,
`
`New Jersey 07940 (hereinafter referred to as "Opposer") believes that
`
`it will be damaged by
`
`registration of the mark shown in said Application Serial No. 76-360,690, and hereby opposes the
`
`same.
`
`As grounds for opposition, it is alleged that:
`
`
`
`I
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`_______________________________________________________________________X
`
`1 1-20-2002
`
`.
`U.S. P re
`3 nt & TM01‘cITM Mall Flcpt Dz_ #01
`
`_-«A_‘
`
`H""“",".‘;"'\
`
`)
`
`) )
`
`) )
`
`) )
`
`)
`
`) )
`
`) )
`
`hi the Matter of the Application of:
`
`Cellegy Pharmaceuticals
`
`Serial No.: 76—360,690
`
`Published in the OFFICIAL GAZETTE
`on: October 22, 2002
`
`For the trademark: CELLEGESIC
`
`______________________________________________________________________-X
`
`Assistant Commissioner for Trademarks
`
`2900 Crystal Drive
`Arlington, VA 22202-3513
`
`NOTICE OF OPPOSITION
`
`Sir:
`
`CDF‘f’
`In the matter of the application for registration of the trademark CELLEGESIC of Cellegiyj
`
`-I J
`.3
`
`Pharmaceuticals (hereinafter referred to as “Applicant”) shown in Application
`
`Serial No. 76—360,690
`
`filed January 18, 2002, for “pharmaceutical preparations and ointrnents for the treatment of rectal
`
`conditions, diseases and disorders” and published for opposition in the Official
`
`Gazette of October 22,
`
`2002.
`
`Wyeth, a corporation of the State of Delaware, with offices at Five Giralda Farms, Madison,
`
`New Jersey 07940 (hereinafter referred to as "Opposer") believes that
`
`it will be damaged by
`
`registration of the mark shown in said Application Serial No. 76-360,690, and hereby opposes the
`
`same.
`
`As grounds for opposition, it is alleged that:
`
`
`
`
`
`1.
`
`Opposer
`
`is now, and for many years has been, engaged in the business of
`
`manufacturing and selling veterinary and human pharmaceutical healthcare products, including oral
`
`and topical products. Opposer's products are sold in commerce throughout the United States.
`
`2.
`
`Opposer is the owner of U.S. Trademark Registration No. 2,300,586 registered on
`
`December 14, 1999, for the mark ETOGESIC, for "non-steroidal anti-inflammatory preparation for use
`
`in animals, in Class 5." This registration is currently in full force and effect. A copy is attached hereto
`
`as Exhibit A.
`
`3.
`
`4.
`
`Opposer and Applicant are competitors.
`
`Upon information and belief, Applicant was aware of Opposer's aforesaid ETOGESIC
`
`trademark registration at the time it filed its Application to register CELLEGESIC.
`
`5.
`
`Opposer's aforesaid registration was issued prior to any date of first use that can be
`
`relied upon by the Applicant.
`
`6.
`
`The trademark sought to be registered by the Applicant is substantially similar in sound
`
`and appearance to Opposer's trademarks and, therefore, is likely to be confused with and mistaken for
`
`Opposer's trademarks.
`
`7.
`
`The Applicant's mark is so similar to Opposer's trademarks as to cause confiision and
`
`lead to deception as to the source of origin of Applicant's goods and/or Opposer's goods.
`
`WHEREFORE, Opposer prays that said Application Serial No. 76-360,690 be rejected, that no
`
`registration be issued thereon to Applicant, and that this Opposition be sustained in favor of the
`
`Opposer.
`
`This Notice of Opposition is filed in triplicate.
`
`
`
`
`
`Opposer requests that the requisite opposition fee be charged to Deposit Account No. 01-1425
`
`of Wyeth.
`
`The undersigned, Wyeth, hereby appoints Steven J. Baron, a member of the Bar of the State of
`
`New York, its attorney in the matter of the above-identified opposition, with full pbwer to act, with full
`
`power of substitution and revocation, to prosecute said opposition, to transact all business with the
`
`Patent and Trademark Office and elsewhere in connection with this Opposition, and to receive all
`
`official communications relating to same.
`
`It
`
`is further requested that such correspondence be
`
`addressed to Steven J. Baron, Esquire, Wyeth, Five Giralda Farms, Madison, New Jersey 07940.
`
`WYETH
`
`
` STEVEN J. BARO
`
`" Attorney for Opposer
`Five Giralda Farms
`
`Madison, New Jersey 07940
`Telephone:
`(973) 683-2127
`Facsimile:
`(973) 683-2117
`
`Dated: November 18, 2002
`
`U:\DATA\WPDOCS\1-LEGAL\CelIegy.Opp.CELLEGESlC.doc
`
`I hereby certify that this correspondlence is being deposited with the
`United States Postal Service as first class mail in an envelope addressed
`to: Assistant Commissioner
`for Tradenmrks, 2900 Crystal Drive,
`Arlington, VA 22202-3513 A’I'1'N: TTAB
`
`Ilene M. Huiwitz
`
`DATED:
`November 18 2002
`
`
`
`
`
`CERTIFICATE OF REGISTRATION
`
`PRINCIPAL REGISTER
`
`The Mark shown in this certificate has been registered in the United States
`
`Patent and Trademark Office to the named registrant.
`
`The records of the United States Patent and Trademark Oflice show that
`an application for registration ofthe Mark shown in this Certificate was filed in the
`Ojfice; that the application was examined and determined to be in compliance with
`the requirements ofthe law and with the regulations prescribed by the Commissioner
`of Patents and Trademarks; and that the Applicant is entitled to registration of the
`
`Mark under the Trademark Act of 1946, as Amended.
`
`A copy of the Mark and pertinent data fiom the application are part of
`
`this certificate.
`
`This registration shall remain in force for TEN (10) years, unless
`terminated earlier as provided by law, and subject to compliance with the provisions
`
`of Section 8 of the Trademark Act of 1946, as Amended.
`
`Commissioner of Patents and ;Trademarks
`
`!
`
`
`
`
`
`Int. Cl.: 5
`
`,
`
`18 44 46 S1 and 52
`nor
`S Cs
`,
`,
`,
`,
`P’ U..
`I.:6,
`United States Patent and Trademark Office
`
`Reg. No. 2,300,586
`Registered Dec.14,1999
`
`TRADEMARK
`
`PRINCIPAL REGISTER
`
`ETOGESIC
`
`AMERICAN HOME PRODUCTS CORPORA-
`TION (DELAWARE CORPORATION)
`FIVE GIRALDA FARMS
`MADISON, NJ 07940
`
`FOR: NON-STEROIDAL ANTI-INFLAMMA-
`TORY PREPARATION FOR USE IN ANIMALS,
`IN CLASS 5 (U.S. CLS. 6, I8, 44, 46, 51 AND 52).
`
`FIRST USE 8-19-I998;
`8-19-1998.
`
`IN
`
`COMMERCE
`
`SN 75-389,562, FILED ll-I3-I997.
`
`ALICIA COLLINS, EXAMINING
`
`ATTORNEY
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