IN THE UNITED STATES PATENT AND TRADEMARK
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BO.
`
`.1
`
`;
`1. ,
`
`I UC
`
`.
`
`Opposition No.
`
`Application Serial
`No. 78/111,782
`
`Published:
`September 17, 2002 -
`
`§ §
`
`§ §
`
`§
`§
`§
`§
`§
`
`Pharmacia & Upjohn Company
`
`Opposer,
`
`v.
`
`Reliant Pharmaceuticals, LLC,
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`1"?
`
`Pharmacia & Upjohn Company ("Opposer"), a Delaware corporation, having its piincipakfi
`
`place of business at 100 Route 206 North, Peapack, New Jersey 07977, believes that it will be
`
`damaged by registration of the mark shown in Application Serial No. 78/111,782, and hereby
`
`opposes same under the provisions of 15 U.S.C. § 1063.
`
`Application Serial No. 78/111,782 was filed on February 28, 2002, for the; mark AXISUR
`
`for “pharmaceutical products, namely, a histamine receptor antagonist for the treatment of
`
`gastroesophageal reflux disease and other gastrointestinal disorders” in International Class 5.
`
`The mark was published for opposition in the Trademark Official Gazette of September 17,
`
`2002, and an extension of time to oppose has been granted until January 15, 2003.
`
`As grounds for opposition, Opposer asserts that:
`
`2525lSl4.1
`
`
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BO.
`
`.1
`
`;
`1. ,
`
`I UC
`
`.
`
`Opposition No.
`
`Application Serial
`No. 78/111,782
`
`Published:
`September 17, 2002 -
`
`§ §
`
`§ §
`
`§
`§
`§
`§
`§
`
`Pharmacia & Upjohn Company
`
`Opposer,
`
`v.
`
`Reliant Pharmaceuticals, LLC,
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`1"?
`
`Pharmacia & Upjohn Company ("Opposer"), a Delaware corporation, having its piincipakfi
`
`place of business at 100 Route 206 North, Peapack, New Jersey 07977, believes that it will be
`
`damaged by registration of the mark shown in Application Serial No. 78/111,782, and hereby
`
`opposes same under the provisions of 15 U.S.C. § 1063.
`
`Application Serial No. 78/111,782 was filed on February 28, 2002, for the; mark AXISUR
`
`for “pharmaceutical products, namely, a histamine receptor antagonist for the treatment of
`
`gastroesophageal reflux disease and other gastrointestinal disorders” in International Class 5.
`
`The mark was published for opposition in the Trademark Official Gazette of September 17,
`
`2002, and an extension of time to oppose has been granted until January 15, 2003.
`
`As grounds for opposition, Opposer asserts that:
`
`2525lSl4.1
`
`
`
`
`
`l.
`
`Opposer is one of the larger pharmaceutical companies in the world, and offers a
`
`wide range of pharmaceutical preparations and products for a large variety of diseases and
`
`conditions.
`
`2.
`
`On February 13, 2002, prior to Applicant’s filing date, Opposer filed an intent-to-
`
`use application for the mark ACTISUR for “pharmaceutical preparations, namely, preparations
`
`for the treatment of infectious diseases; cancer; ophthalmologic conditions and diseases; central
`
`nervous systems 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;
`
`anti-inflammatory pharmaceutical preparations” in International Class 5. Oppo_ser’s application
`
`for ACTISUR was published for opposition on July 9, 2002.
`
`3.
`
`Applicant seeks registration for the designation AXISUR for “pharmaceutical
`
`products, namely, a histamine receptor antagonist for the treatment of gastroesophageal reflux
`
`disease and other gastrointestinal disorders” in International Class 5.
`
`4.
`
`Upon information and belief, Applicant has made no use of any mark, or any
`
`designation in a manner analogous to a mark, consisting of, including or incorporating the term
`
`AXISUR and Applicant is entitled to rely upon no date earlier than February 28, 2002 for a
`
`constructive priority date of first use in this opposition.
`
`5.
`
`Applicant’s alleged mark AXISUR so resembles Opposer’s previously filed
`
`ACTISUR mark, as to be likely, if and when used in connection with the recited goods of
`
`Applicant, to cause confusion, or to cause mistake or to deceive.
`
`
`
`
`
`6.
`
`The registration of Applicant’s mark on the Principal Register would be
`
`inconsistent with Opposer’s rights under its aforementioned application, and would be damaging
`
`to Opposer.
`
`WHEREFORE, Opposer prays that Application Serial No. 78/111,782 be rejected, and that
`
`registration of that mark be refused.
`
`A duplicate copy of this Notice of Opposition is being filed herewith, along with the filing
`
`fee required by 37 C.F.R. § 2.6(a)(l7). The Commissioner is authorized to draw on the Deposit
`
`Account of Fulbright & Jaworski L.L.P., Account No. 06-2375, Order No. PHRM:55l/ 10300443,
`
`if the accompanying check is insufficient or if the check is inadvertently omitted or misplaced.
`
`Respectfully submitted,
`
`Date:
`
`/x( Z00
`
`%\/A.‘/Q
`
`1/
`aul Williamson
`
`J.
`
`Cynthia C. Henderson
`FULBRIGHT & JAWORSKI ~L.L.P.
`
`801 Pennsylvania Avenue, NW
`Washington, DC 20004
`(202) 662-4776
`
`ATTORNEYS FOR OPPOSER
`PHARMACIA & UPJOHN COMPANY
`
`
`
`
`
`
`
`FULBRIGHT & JAw0RsKI L.L.P.
`
`A REGISTERED LIMITED LIABILITY PARTNERSHIP
`
`80| PENNSYLVANIA AVENUE, N.W.
`WASHINGTON, D.C. 20004-2623
`www.FuI_BRIGHT.c0M
`
`J. PAUL WILLIAMSON
`PARTNER
`JWILLIAMSON@FULBR|GHT.COM
`
`DIRECT D‘IAI.:(2o2) 662-4545
`TEI.EI=I-IoNE:(2o2) ee2-0200
`FACSlMlLE2(202) esa-4643
`
`January 15, 2003
`
`BOX TTAB — FEE
`
`Commissioner for Trademarks
`
`2900 Crystal Drive
`Arlington, Virginia 22202-3513
`
`Re:
`
`Notice of Opposition
`In the Name of Pharmacia & Upjohn Company
`Our Reference: PHRM:55 l/10300443
`
`Dear Sir:
`
`Enclosed for filing is a Notice of Opposition regarding Serial No. 78/ l 1 1,782.
`
`l.
`2.
`3.
`4.
`
`Transmittal letter (in duplicate);
`Notice of Opposition;
`Check in the amount of $300; and
`A postcard to evidence receipt of the Notice of Opposition.
`
`i
`
`'
`
`‘
`.
`L
`
`
`
`Pf‘.’-, «.
`
`If the enclosed fee is insufficient or is an
`It is our understanding that a fee is required.
`overpayment, the Commissioner for Trademarks is hereby authorized to draw on or credit the
`deposit
`account of Fulbright & Jaworski, LLP, Account No.
`06-2375, Order No.
`PHRM:5 5 1/ 10300443. A duplicate copy of this letter is enclosed for billing purposes.
`
`Very truly yours,
`
`@224
`
`J. Paul Williamson
`
`Cynthia C. Henderson
`
`JPW/CCH/css
`
`Enclosure
`
`25251514 . 1
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