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`.4)
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Application Serial No. 76/386561
`Filed on March 25, 2002
`For the mark AGE WELL FORMULAS
`
`Published in the Ofiicial Gazette on December 3, 2002
`
`Opposer,
`
`v.
`
`OPTIGENE~X, LLC,
`
`Applicant.
`
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`)
`
`)
`)
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`)
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`)
`
`Opposition No.
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`-
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`NOTICE OF OPPOSITION
`
`Opposer, Agewell, Ltd., believes that it will be damaged by the registration of the AGE
`
`_WELL FORMULAS mark shown in the above—identified application, and hereby opposes the
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`same.
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`As grounds for its opposition, Opposer alleges that:
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`1.
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`Opposer is a corporation organized and existing under the laws of the state of
`
`Indiana.
`
`2.
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`Opposer is the owner of the following United States trademark registrations for the
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`family of AGEWELL® marks:
`
`
`
`Date of Registration.
`
`October 7, 1997
`
`Au ust 17 1999
`
`December 26, 1995
`
`
`
`2,102,654
`
`Registration
`No.
`
`
`
`
`
`
`
`Audio and video recording and production
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`services; book ublication services.
`Geriatric health care services.
`Conductin workshos and seminars in the
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`AGEWELL
`
`AGEWELL
`AGEWELL
`
`
`
`on/no/zoos tvmm ooooooaa 75335551
`
`01 rcmoa
`
`300-00 0*’
`
`2,270,951
`1,943,956
`
`
`
`
`
`
`
`
`
`September 19, 1995
`
`field of aging and the elderly and
`concerning the topics of health care,
`financial resources and personal
`enrichment activities.
`
`
`
`
`
`AGEWELL 9
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`and
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`16
`
` l. ,920,595
`
`(Cl. 9) Pre-recorded audio and video tapes
`and compact discs related to aspects of
`aging and the elderly and concerning topics
`
`of health care, financial resources and
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`personal enrichment activities;
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`(Cl. 16) Books, pamphlets, magazines,
`
`booklets and brochures related to aspects
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`of aging and the elderly and concerning
`topics of health care, financial resources
`and ersonal enrichment activities.
`
`
`
`3.
`
`The foregoing registrations are valid_ and provide constructive notice of ownership
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`thereof by Opposer.
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`4.
`
`The foregoing registrations constitute prima facie evidence of the validity of the
`
`registrations and the marks and of Opposer's exclusive right to use the marks in commerce.
`
`5.
`
`Since well prior to the filing date of Applicant's i'ntent—to-use application on
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`_December 3, 2002, Opposer and its predecessors have extensively promoted and sold its above
`
`identified goods and services under the mark AGEWELL® in the United States.
`I
`6.
`Applicant's mark AGE WELL FORMULAS is comprised of Opposer's entire
`
`AGEWELL® mark.
`
`7.
`
`Applicant
`
`intends to use or is using the AGE WELL FORMULAS mark in
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`association with goods that are related to Opposer's AGEWELL® goods and services.
`
`In
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`addition, Applicant's goods are sold in the same channel of trade and to the same customers as
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`Opposer's AGEWELL® goods and services.
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`8.
`
`In view of the similarity of the parties’ marks and the related goods and services
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`provided by the parties, Applicant's use of the mark AGE WELL FORMULAS is likely to cause
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`confusion, to cause mistake, and lead to deception as to the origin of Applicant's goods.
`
`
`
`
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`9.
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`Registration of the AGE WELL FORMULAS mark to Applicant would result in
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`substantial damage and injury to Opposer. Persons familiar with Opposer's marks are likely to
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`purchase Applicant's goods under the mistaken belief that they originate with, or are licensed,
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`sponsored or approved by Opposer. Any such confusion would inevitably result in loss of sales
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`to Opposer, and tarnish Opposer's goodwill and reputation established in its AGEWELL® marks.
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`WHEREFORE, Opposer respectfully requests that Application Serial No. 76/386561 be
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`refused and that this opposition be sustained.
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`A duplicate copy of this Notice of Opposition and a check in the amount of $300
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`covering the official filing fee are enclosed. Please direct all communications to Angela Fifelski
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`of Ice Miller, One American Square, Box 82001, Indianapolis, Indiana 46282-0002.
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`Respectfully submitted,
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`AGWELL, LTD.
`
`»
`
`Dated:
`
`2% .67
`
`By:
`
`INDY ll60084v1
`
`/
`
`
`
`ifelski
`ngela M.
`ICE MILLER
`
`One American Square, Box 82001
`Indianapolis, Indiana 46282-0002
`(317) 236—2100
`Attorneys for Opposer
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