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`1
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`0RJ GINAL
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Opposition No.: 91156583
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`Application Serial
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`No. 76/285,420
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`Published:
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`September 24, 2002
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`I|||||||||||||||||||||||||||l||||||||||||l|||||||l
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`u.s. manta. TMOfclTM Mall Flcplm. 039
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`§ §
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`§ §
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`§
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`§
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`§
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`§
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`§
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`U‘-"‘
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`Pharmacia & Upjohn Company
`
`Opposer,
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`v.
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`TPR International Ltd., Inc.,
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`Applicant.
`
`BOX TTAB
`NO FEE
`
`
`
`2900 Crystal Drive
`Arlington, VA 22202-3514
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`APPLICANT’S ANSWER TO NOTICE OF OPPOSITION
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`Applicant, TPR International Ltd., Inc., for its answer to the Notice of Opposition filed
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`by Pharmacia & Upjohn Company, against application for registration of TPR International Ltd.,
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`Inc.’s trademark TOPRICIN, Serial No. 76/285,420, filed July 16, 2001 and published in the
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`Official Gazette of September 24, 2002, pleads and avers as follows:
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`1. Answering paragraph 1 of the Notice of Opposition, Applicant has no knowledge or
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`information sufficient to form a belief as to the allegations contained therein and accordingly
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`denies the allegations.
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`2. Answering paragraph 2 of the Notice of Opposition, Applicant has no knowledge or
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`information sufficient to form a belief as to the allegations contained therein and accordingly
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`denies the allegations.
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`f)r_T\.7'32:;7’,.f,»''-,
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`3. Answering paragraph 3 of the Notice of Opposition, Applicant denies the allegations
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`at least because Applicant does not know that Registration No. 704,199 is in fact Opposer’s
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`"’.’'X'‘.‘‘
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`registration.
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`4. Answering paragraph 4 of the Notice of Opposition, Applicant admits the allegations
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`thereof.
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`5. Answering paragraph 5 of the Notice of Opposition, Applicant denies each and every
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`allegation contained therein.
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`6. Answering paragraph 6 of the Notice of Opposition, Applicant denies each and every
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`allegation contained therein except although Applicant admits that TOPRICIN is characterized as
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`an anti-inflammatory product.
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`7. Answering paragraph 7 of the Notice of Opposition, Applicant denies each and every
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`allegation contained therein.
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`8. Answering paragraph 8 of the Notice of Opposition, Applicant denies each and every
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`allegation contained therein although Applicant admits that registration to it would grant it a
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`primafacie exclusive right to use of TOPRICIN.
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`AFFIRMATIVE DEFENSES
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`9. There is no likelihood of confusion, mistake or deception because, inter alia,
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`Applicant’s mark TOPRICIN and the pleaded TROBICIN mark of Opposer are not confusingly
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`similar.
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`10. There is no likelihood of confusion, mistake or deception because, inter alia,
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`Applicant’s mark TOPRICIN is not confusingly similar to the pleaded TROBICIN mark of
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`
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`Opposer. Any similarity, if at all, between Applicant’s mark and the pleaded mark of Opposer
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`is in the suffix “icin” which, upon information and belief, has been used and registered by no less
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`than one hundred other parties for goods in International Class 5.
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`1 1. There is no likelihood of confusion, mistake or deception because, inter alia, the
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`Opposer’s TROBICIN product is, upon information and belief, a prescription antibiotic
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`medication that may only be administered by injection and whose sole purpose is to treat
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`gonorrhea. Because the Applicant’s TOPRICIN product is an over-the-counter homeopathic
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`pain relief cream, the Applicant’s product will not move through the same channels of trade
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`and/or to the same end users as Opposer’s TROBICIN antibiotic.
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`WHEREFORE, Applicant prays that the Notice of Opposition be dismissed in its
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`entirety, and that a registration issue to Applicant for its mark.
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`Date: July 15, 2003
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`Respectfully submitted,
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`TPR INTERNATIONAL LTD., INC.
`
`
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`Marie Condoluci
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`SPIEGEL & ASSOCIATES, LLC
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`One Railroad Ave., PO Box 5
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`Goshen, New York 10924
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`(845) 294-1482
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`ATTORNEYS FOR APPLICANT
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`
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`
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`CERTIFICATE OF SERVICE
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`I hereby certify that a copy of the foregoing APPLICANT’S ANSWER TO NOTICE OF
`OPPOSITION dated July 15, 2003 was mailed first-class mail, postage prepaid, to J. Paul
`Williamson, Esq., Fulbright & Jaworski L.L.P., 801 Pennsylvania Avenue, NW, Washington, DC
`20004, attorneys for Opposer, this 15th day of July, 2003.
`
` Marie Condoluci
`
`Attorney for Applicant
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`
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`CERTIFICATE OF MAILING
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`I hereby certify that this APPLICANT’S ANSWER TO NOTICE OF OPPOSITION
`dated July 15, 2003 is being deposited with the United States Postal Service as first class mail in
`an envelope addressed to: BOX TTAB, NO FEE, Commissioner for Trademarks, 2900 Crystal
`P
`Drive, Arlington, VA 22202-3514, on July 15, 2003.
`
`Marie Condoluci
`
`Attorney for Applicant
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