LAW OFFICE
`
`MARY M. LEE, P.C.
`1300 E. NINTH STREET, SUITE. 4
`EDMOND, OKLAHOMA 73034-5760
`
`Telephone: (405) 285-4490
`Facsimile: (405)285-4491
`
`Email: mml@marymlee.com
`http://www.marymlee.com
`
`Patent, Trademark, Copyright and Related Matters
`
`January 28, 2005
`
`Commissioner for Trademarks
`
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
`ATTN: TRADEMARK TRIAL AND APPEAL BOARD
`
`Re:
`
`Laurence Altshuler, M.D., P.C., Opposer, V.
`Gail L. Flanagan, Applicant
`Opposition No. 91 159782
`My File No.
`1 100-010
`
`Commissioner:
`
`Please find enclosed Opposer’s Notice of Reliance for filing in connection with the
`above-referenced proceeding.
`
`Some of the documents included in this submission are “public inspection copies” of
`documents that have been redacted to delete information withheld as confidential
`
`to a protective order. Unredacted version of these documents, marked
`pursuant
`“confidential,” are being submitted under separate cover.
`
`Also enclosed is a return postcard.
`
`Please contact the undersigned if there any questions regarding this correspondence.
`
`
`
`MML/caw
`
`Enclosures
`
`cc:
`
`Brian T. Foley, Esq. (w/encl.)
`Attorney for Applicant
`
`Brian T. Foley, Esq.
`
`|~
`
`0 1_3 12005
`U.S. Patent & TMOfc/TM Mail Rcpt Dt. #64
`
`
`
`CERTIFICAT OF MAILING
`(37 C.F.R. 1.8)
`
`I hereby certify that this correspondence is being deposited on the date shown below with the United States
`
`Alexandria, VA 22313-1451
`
`Date: January 28, 2005
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter ofapplication Serial No. 76/511,204
`For the Mark BALANCED HEAL TH CENTER
`
`Published in the Official Gazette on March 9, 2004
`
`Laurence Altshuler M.D., P.C.,
`
`Opposer
`
`v,
`
`Gail L. Flanagan,
`
`Applicant
`
`Opposition No. 91159782
`
`OPPOSER’S NOTICE OF RELIANCE
`
`Opposer Laurence Altshuler, M.D., P.C., hereby makes of record and
`
`notifies Applicant of its reliance upon the following items of evidence, copies of which
`
`are submitted herewith:
`
`1.
`
`Attached as Opposer’s Exhibits 30A-B are two certified status and
`
`title copies of U.S. Trademark Registration No. 2,469,423 for the mark BALANCED
`
`HEALING MEDICAL CENTER showing title in Opposer, Laurence Altshuler, M.D.,
`
`P.C., an official record of the United States Patent and Trademark Office pursuant to 37
`
`C.F.R. §1.l22(e). This registration is relevant as it is the registration for the mark upon
`
`which Opposer relies in this proceeding.
`
`2.
`
`Attached as Opposer’s Exhibit 4 is a photocopy of the prosecution
`
`history of the U.S. Trademark Registration No. 2,469,423, an official record of the
`
`
`
`|l|||||l|||||||l|l||||Hl|||||H|||||lll|||||Hl||
`
`CERTIFICAT OF MAILING
`
`(37 C.F.R. 1.8)
`
`.31
`u.s. Pawn! a. TMOfc/TM Mail Rcpt Dt. #64
`
`I hereby certify that this correspondence is being deposited on the date shown below \
`Postal Service as First Class mail
`in an envelope addressed to: Commis '
`r for Trademarks, P.O. Bo
`Alexandria, VA 22313-1451
`
`451 ,
`
`
`
`Date: January 28, 2005
`
`Signed:
`
`Mary M. Lee, At m for Opposer
`
`
`

`
`
`
`United States Patent and Trademark Office pursuant to 37 C.F.R. §1.122(e). This file is
`
`relevant as it is the basis for the registration for the mark upon which Opposer relies in
`
`this proceeding.
`
`3.
`
`Attached as Opposer’s Exhibit 31 is a copy of Applicant’s
`
`Responses to Opposer’s First Set of Requests to Applicant for Admissions.
`
`4.
`
`Attached as Opposer’s Exhibit 32 is a copy of Applicant’s
`
`Objections and Responses to Opposer’s First Set of Interrogatories to Applicant.
`
`(This
`
`document contains information designated as confidential pursuant
`
`to the Agreed
`
`Protective Order. The copy submitted herewith is a “public inspection copy” in which
`
`the confidential portions have been redacted. A non-redacted copy,
`
`identified as
`
`CONFIDENTIAL, is submitted under separate cover on even date herewith.)
`
`5.
`
`Pursuant to a Stipulation signed by both parties, attached is the
`
`Trial Testimony of Claudia Altshuler submitted in the form of an affidavit, with
`
`accompanying Opposer’s Exhibits 1-28A-J.
`
`(This document contains information
`
`designated as confidential pursuant
`
`to the Agreed Protective Order and 37 C.F.R.
`
`§2.126(d). The copy submitted herewith is a “public inspection copy” in which the
`
`confidential portions have been redacted.
`
`A non-redacted copy,
`
`identified as
`
`CONFIDENTIAL, is submitted under separate cover on even date herewith.)
`
`6.
`
`A copy of the prosecution file of the Office relating to Applicant’s
`
`application serial no. 76/511,204, is submitted herewith as Opposer’s Exhibit 33.
`
`(The
`
`copy of the application file received by the undersigned fi'om the Office is missing
`
`

`
`page 1.) The original file, in its entirety, is evidence of record pursuant to 37 C.F.R. §
`
`2.122(b)(1).
`
`Respectfully submitted,
`
`Mary M. Lee
`MARY M. LEE. P.C.
`1300 E. 9"‘ Street, No. 4
`Edmond, OK 73034-5760
`Tel: (405) 285-4490
`Fax: (405) 285-4491
`Email: mm1@marym1ee.com
`Attorney for Laurence Altshuler M.D., P.C.
`
`

`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on the 28th day of January, 2005, a true copy of the
`foregoing OPPOSER’S NOTICE OF RELIANCE was served upon Applicant by mailing
`the same by first-class mail, postage prepaid, to App1icant’s attorney:
`
`Brian T. Foley, Esq.
`McGOVERN & ASSOCIATES
`545 Madison Ave, 15”‘ Floor
`New York NY 10022
`
`Fax: (212) 688-9844
`
`

`
`
`
`In the matter ofapplication Serial No. 76/511,204
`For the Mark BALANCED HEALTH CENTER
`Published in the Ojficial Gazette on March 9, 2004
`
`Laurence Altshuler M.D., P.C.,
`Opposer
`
`V-
`
`Gail L. Flanagan,
`
`Applicant
`
`Opposition No. 91 159782
`
`AFFIDAVIT OF CLAUDIA ALTSHULER
`
`STATE OF OKLAHOMA
`
`COUNTY OF OKLAHOMA
`
`)
`) §§
`)
`
`PUBLIC INSPECTION COPY
`Redacted to Conceal Confidential Information
`Pursuant to Protective Order
`(Unredacted Original Submitted Under Separate Cover)
`
`I, Claudia Altshuler, being duly sworn, depose and state:
`
`1.
`
`I am Administrator of Laurence Altshuler, M.D., P.C., Opposer in
`
`the above-referenced proceeding.
`
`I have held this position since prior to 1998.
`
`I am of
`
`legal age, and I have personal knowledge ofthe facts stated in this afiidavit.
`
`2'
`
`A5 admmistm-t°7 °f OPPOSCT. I am responsible for overseeing the
`
`administrative, financial and marketing side of the Opposer.
`
`I report directly to the sole
`
`owner of the Opposer, Dr. Laurence Altshuler, my husband. I supervise the payables and
`
`general operations of Opposer.
`
`I am Opposer’s liaison for attorneys, accountants and
`
`advertising agents.
`
`I am responsible for business plarming, budgeting, advertising and
`
`

`
`
`
`marketing for Opposer.
`
`I am responsible for quality control issues, excluding those
`
`directly related to the actual medical services offered, as I am not a physician.
`
`I am also
`
`responsible for selection, registration and enforcement of service marks and other
`
`intellectual property issues. Consequently, I am familiar with the goods and services
`
`offered by the Opposer, and all marketing and advertising activities.
`
`I am also familiar
`
`with the legal activities of the Opposer, including the protection and enforcement of
`
`trademarks and service marks.
`
`3.
`
`Our name, BALANCED HEALING MEDICAL CENTER, was
`
`selected at a “brainstorming” meeting held for about 3 days around May 29, 1997 in
`
`Perdido Beach, Gulf Shore, Alabama. This meeting was attended by Dr Altshuler and
`
`me, Kevin McAfee of McAfee and Associates, Oklahoma City, Oklahoma, and Marty
`
`Kavanaugh of Kavanaugh Consulting, also of Oklahoma City. At this meeting, we
`
`conceived of and adopted the name BALANCED HEALING MEDICAL CENTER. We
`
`also developed short and long term strategic business and marketing plans.
`
`4.
`
`In about February 1998, Opposer began operating a medical clinic
`
`under the name BALANCED HEALING MEDICAL CENTER. A picture of the Center
`
`is shown in attached Opposer’s Exhibit 1. As shown in the picture, the name is displayed
`
`in block letters along with a logo comprising a triangle with a circle inside it, which I will
`
`call refer to herein as the “Logo.”
`
`5.
`
`We federally registered the name BALANCED HEALING
`
`MEDICAL CENTER as a trademark and service mark. Attached as Opposer’s Exhibit 2
`
`is a true copy of that registration, which is U.S. Trademark/Service Mark Registration
`
`

`
`
`
`No. 2,469,423. This registration is current and in good standing in the United States
`
`Patent and Trademark Office (“PTO”) and is and always has been owned by Opposer.
`
`6.
`
`We also federally registered the Logo. Attached as Opposer’s
`
`Exhibit 3 is a true copy of that registration, which is U.S. Trademark/Service Mark
`
`Registration No. 2,449,558. This registration is current and in good standing in the PTO
`
`and is and always has been owned by Opposer.
`
`7.
`
`Since about February 1998, Opposer has been using both the
`
`BALANCED HEALING name and the Logo on the goods listed in class 16 in both the
`
`registrations and also in connection with the services listed in the registrations. Since
`
`about August 1998, Opposer has been using both the BALANCED HEALING name and
`
`the Logo on the goods listed in classes 5 and 9 in both the registrations.
`
`8.
`
`Attached as Opposer’s Exhibit 4 is a copy of the PTO file relating
`
`to the ‘423 Registration.
`
`I can verify that the specimens of use shown in that file were in
`
`fact in use as of the dates specified in the file.
`
`9.
`
`A current price list of our products is attached as Opposer’s
`
`Exhibit
`
`5.
`
`Many
`
`of
`
`these
`
`items
`
`are
`
`also
`
`sold
`
`on
`
`our website,
`
`httgs//www.balancedhealingcom. Attached as Opposer’s Exhibit 6 is a page from our
`
`website offering Chinese herbs. Attached as Opposer’s Exhibit 7 is a page fiom our
`
`website offering Western herbs. Attached as Opposer’s Exhibit 8 is a page fi'om our
`
`website offering topical solutions. Attached as Opposer’s Exhibit 9 is a page from our
`
`website offering vitamins and supplements. Attached as Opposer’s Exhibit 10 is a page
`
`from our website offering audio and video tapes. Attached as Opposer’s Exhibit 11 is a
`
`page from our website offering Dr. Altshuler’s book.
`
`

`
`
`
`10.
`
`The web pages through which the products are sold online are
`
`managed by Balanced Healing Productions, L.LC., which is affiliated with Opposer and
`
`has an exclusive license to use the BALANCED HEALING name and Circle in a
`
`Triangle Logo. Links to these pages are found on the BALANCED HEALING website,
`
`as shown in Exhibit 12 discussed below.
`
`11.
`
`At the BALANCED HEALING MEDICAL CENTER, Opposer
`
`continues to offer the medical services recited in the ‘423 Registration. These are
`
`described in the BALANCED HEALING website. Several pages fiom the website are
`
`attached as Opposer’s Exhibit 12, including the home page, the mission statement and
`
`summaries of the treatments available.
`
`The BALANCED HEALING MEDICAL
`
`CENTER website has been active continuously since about February 1998. At first it
`
`was only informational; it provided information about the Center and its services.
`
`In
`
`about January 2004, we began selling products on the site.
`
`12.
`
`On some of our products,
`
`the name BALANCED HEALING
`
`MEDICAL CENTER and the Circle in a Triangle Logo are attached by means of a label.
`
`See, for example, the video tape jacket shown in attached Opposer’s Exhibit 13. This is
`
`also the manner in which the name and logo are applied to the herbs and nutritional
`
`supplements. The label is a round sticker showing the name BALANCED HEALING
`
`MEDICAL CENTER with the Logo over it and the phone number under it. Usually, we
`
`put this sticker on top of the lids of those products that are sold in bottles or containers.
`
`13.
`
`On other items, the name and logo are printed on the original
`
`jacket. See, for example, the CD’s shown in Opposer’s Exhibits 14A-14E attached. The
`
`audio and video tapes cover a wide range of subjects relating to health and wellness, and
`
`

`
`
`
`are not limited to illness or disease. For example, the audio tapes include smoking
`
`cessation and weight loss programs. The videotapes include an exercise program, called
`
`“Dance Like a Butterfly,” taught by a master Tai Chi instructor.
`
`14.
`
`The services offered at
`
`the Center are identified under broad
`
`categories in attached Opposer’s Exhibit 15, which is a patient billing sheet. As shown,
`
`our services include physical therapy, whirlpool, massage and therapeutic exercise.
`
`15.
`
`The newsletters published by Opposer, one of which is included in
`
`the PTO file (Opposer’s Exhibit 4), cover a wide variety of topics related to health and
`
`wellness, including diet and exercise. Other samples of the BALANCED HEALING
`
`MEDICAL CENTER newsletters are attached as Opposer’s Exhibits 16 and 17.
`
`16.
`
`Attached as Opposer’s Exhibit 18 are several pages from the
`
`BALANCED HEALING website, including a list of lectures given and articles written by
`
`Dr. Altshuler. The topics of these lectures and articles include diet and health eating
`
`advice, nutritional counseling, and exercise and fitness, such as “Food for Sports
`
`Performance,” “Vegetarianism Gets a»Boost,” and “Exercise and Stress:
`
`the Balanced
`
`Approach.”
`
`17.
`
`Recently, Dr. Altshuler wrote a book entitled “BALANCED
`
`HEALING:
`
`Combining Modern Medicine with Safe and Effective Alternative
`
`Therapies,” published by Harbor Press in 2004. A copy of the book is attached as
`
`Opposer’s Exhibit 19. Last year, Dr. Altshuler went on a 19-city tour across the country
`
`to promote the book, including radio and television interviews. The cities on the tour
`
`included: Oklahoma City and Tulsa, OK; Nashville, TN; Dallas, TX; St. Louis, MO;
`
`Phoenix, AZ; San Diego, San Francisco, Sacramento and Los Angeles, CA; Minneapolis,
`
`

`
`
`1_,,,. _,.,. .-..-..; -.»,.,_ -.
`,
`
`MN; Portland, OR; Seattle, WA; Chicago, IL; Dayton, Cleveland and Cincinnati, OH;
`
`Washington, D.C.; New York, NY; and Detroit, MI. A copy of the tour schedule,
`
`showing the locations (books stores, etc.) and radio and televisions stations, is attached as
`
`Opposer’s Exhibit 23A. Balanced Healing has been promoted nationally through major
`
`book stores, such Borders and Barnes & Noble, as illustrated by their newsletters
`
`attached As Opposer’s Exhibits 23B and 23C.
`
`18.
`
`Our records show that patients of the BALANCED HEALING
`
`MEDICAL CENTER have come fi'om many states across the country outside our home
`
`state of Oklahoma, including New York, Virginia','.Maiyland, North Carolina, South
`
`Carolina on the East Coast, just to name a few.
`
`19.
`
`Sales of products by Opposer through direct sales, mail and
`
`telephone orders and the website, have included customers from across the country,
`
`including New York, New Jersey, Connecticut, Maryland, New Hampshire, Vermont,
`
`Maine, Tennessee, Ohio, California, Texas, Ohio, Illinois, Michigan, and Arizona.
`
`been about
`
`20.
`
`Opposer’s gross revenues for the years 1998 through 2004 have
`‘
`. annually or more. All of these monies were generated
`
`from the sale of goods and services under the name BALANCED HEALING MEDICAL
`
`CENTER.
`
`21.
`
`Opposer’s annual expenditures for advertising and marketing, not
`
`including the cost of signage, postage and printing costs for newsletters or stationary, etc.
`
`or employee time, are shown in the table below. All of these monies were spent for
`
`advertising related to the goods and services ofi'ered under the name BALANCED
`
`HEALING MEDICAL CENTER.
`
`

`
`Advertisin /Marketin
`
`Annual Expenditure for
`
`22.
`
`Our advertising includes literature available at the Center,
`
`the
`
`BALANCED HEALING website, newspaper, radio,4t,elevision and magazine ads, as well
`
`as advertisements in the local yellow pages.
`
`23.
`
`Attached as Opposer’s Exhibit 20 is a tri-fold brochure. Opposer’s
`
`Exhibit 21 is a proof of one of our yellow page ads for the Oklahoma City telephone
`
`directory.
`
`24.
`
`Samples of our newspaper advertisements
`
`are attached as
`
`Opposer’s Exhibits 22A-E. ‘We run these types of ads about every week.
`
`25. We run radio and television ads occasionally, usually_ only with a
`
`specific advertising campaign or promotion.
`
`26.
`Attached Opposer’s Exhibit 24 is a sample of an informational
`folder we provide to patients. Other materials of interest may be inserted in the pocket,
`
`such as the Balanced Healing weight loss program materials. One of Opposer’s business
`
`cards is included in the folder.
`
`27.
`
`Those who inquire about the Center by telephone or email usually
`
`are sent a packet of materials, such as the collection attached as Opposer’s Exhibit 25.
`
`

`
`28.
`
`Occasionally we use direct mail
`
`to inform our patients and
`
`customers of events of interest. One such armouncement is attached as Exhibit 26.
`
`29.
`
`Samples of our postcard, letterhead and standard size envelope are
`
`attached as Opposer’s Exhibits 27A-C.
`
`30.
`
`Our patients and customers are members of the general public.
`
`Some of them are referred by other professionals, but most come to us directly as a result
`
`of our advertising and recommendations from other patients and customers.
`
`31.
`
`Dr Altshuler and the BALANCED HEALING MEDICAL
`
`CENTER have received considerable recognition by the media, locally and nationally. A
`
`sampling of articles reporting on Dr. Altshuler and the Center are attached as Opposer’s
`
`Exhibits 28A-D. One of his nationally published articles from Bottom Line Health is
`
`attached as Opposer’s Exhibit 28E.
`
`In addition, Dr. Altshuler has been quoted in several
`
`articles in other national publications, including the Natural Foods Merchandiser, Herbs
`
`for Health, the Chicago Tribune, the Consumer Health Journal, and Reader’s Digest,
`
`copies of which are attached as Opposer’s Exhibit 28F-J.
`
`Further Affiant sayeth not.
`
`Signed:
`
`._
`
`Claudia Altshuler
`
`Subscribed and sworn to before me this 28th day of January, 2005.
`
`
`
`E Nzotary
`
`ic
`
`~
`
`

`
`
`
`Opposition No. 91159782
`Laurence Altshuler M.D., P.C., Opposer
`v.
`
`Gail L. Flanagan, Applicant
`
`maRES0PP0
`HBHXF.
`I
`
`
`
`

`
`
`
`Int. CIs.: 5, 9, I6 and 42
`PrIorU.S.CIs.:2,5,6,I8.2I.22,23.2.6,29.
`36.37.38.44.46,50.5l.52.I00andIOI
`United States Patent and Tl'IIIII'I( Olfice
`Comets!
`
`Reg. No. 144694411
`Reglstend .IuIy I7, III)!
`OG Due Nov. 10‘ 100!
`
`TRADEMARK
`SERVICE MARK
`PRINCIPAL REGISTER
`
`BALANCED HEALING MEDICAL CENTER
`
`I’.C.
`
`LAURENCE ALTSHULER. M.D..
`(OKLAHOMA CORPORATION)
`2520 MW. EXPRESSWAY
`OKLAHOMA CITY. OK 'l3II2
`NO CLAIM IS MADE TO THE EXCLU-
`SIVE RIGHT TO USE "MEDICAL CEN-
`TER“. APART FROM THE MARK AS
`SHOWN.
`
`FOR: PHARMACEUTICALS, MEDI-
`CINES AND PRODUCTS USED IN CON-
`VENTIONAL AND ALTERNATIVE
`TREATMENT MODALITIES. NAMELY
`HERBAL SUPPLEMENTS. NUTRITIONAL
`SUPPLEMENTS. VITAMINS. AND NU-
`TRACEUTICALS. AND PHYTOCHEM-
`ICALS FOR USE AS DIETARY AND
`NUTRITIONAL SUPPLEMENTS .
`IN
`CLASS 5 (US. CLS. 6.
`I8. 44. 46. 5|
`AND 52).
`FIRST USE 8-0-I998: IN COMMERCE
`8-0-I998.
`
`FOR: PRBRECORDED VIDEO TAPES
`FEATURING INFORMATION ON
`HEALTH AND WELLNESS AND CON-
`VENTIONAL AND ALTERNATIVE
`TREATMENT MODALITIES. AND PRE-
`;
`
`RECORDED AUDIO TAPES FEATURING
`INFORMATION ON HEALTH AND
`WELLNESS AND CONVENTIONAL AND
`ALTERNATIVE TREATMENT MODAL-
`ITIES. IN CLASS 9 (U.S. CLS. 2|. 23. 26.
`36 AND 38).
`FIRST USE 8-0-I998: IN COMMERCE
`I-0-I993.
`
`FORE SERIES OF NON-FICTION
`BOOKS IN THE FIELD OF HEALTH
`AND WELLNESS AND CONVENTIONAL
`AND ALTERNATIVE TREATMENT
`MODALITIES, NEWSLETTERS CON-
`CERNING HEALTH AND WELLNESS
`AND CONVENTIONAL AND ALTERNA-
`TIVE IREATMENT MODALITIES. AND
`PAMPHLETS CONCERNING HEALTH
`AND WELLNESS AND CONVENTIONAL
`AND ALTERNATIVE TREATMENT
`MODALITIES. IN CLASS I6 (U.S. CLS. 2.
`5. 22. 23, 29. J7. 33 AND 50).
`FIRST USE 2-0-I993: IN COMMERCE
`2-0-I998.
`
`FOR: MEDICAL SERVICES. NAMELY.
`TREATMENT IN CONVENTIONAL AND
`ALTERNATIVE MEDICAL PROTOCOLS.
`AND A MEDICAL CLINIC OFFERING
`TREATMENT IN CONVENTIONAL AND
`ALTERNATIVE MEDICAL PROTOCOLS.
`AND PROVIDING INFORMATION IN
`
`In testimony whereof I have hereunto set my hand
`and caused III: seal :1! The Patent and Trademark
`Oflice in be aflixed on Nov. 20. 200].
`
`DIRECTOR OF THE US. PATENT AND TRADEMARK OFFICE
`
`Opposition No. 91159782
`Laurence Altshuler M.D., P.C., Opposer
`V.
`
`Gail L. Flanagan, Applicant
`
`0PPOSEB'S
`EXHIBIT
`
`2.
`
`

`
`
`
`THE FIELD OF HEALTH AND WELL-
`NESS AND CONVENTIONAL AND AL-
`TERNATIVE TREATMENT MODALITIES.
`INCLUDING INFORMATION ABOUT
`PHARMACEUTICALS. MEDICINES AND
`PRODUCTS USED IN CONVENTIONAL
`AND ALTERNATIVE TREATMENT
`
`MODALITIES. NAMELY HERBAL SUP-
`PLEMENTS. NUTRITIONAL SUPPLE-
`MENTS. VITAMINS. NUTRACEUTICALS.
`AND PHYTOCHEMICALS. VIA THE
`GLOBAL COMPUTER NETWORK.
`IN
`CLASS 42 (U.S. CLS.
`I00 AND I01).
`FIRST USE 2-0-I998: IN COMMERCE
`2-0-I998.
`SER. NO. 16-0l5.22B. FILED 1-III-2000.
`
`In testimony wI:ereof I have hereunto set my hand
`and mused the seal of The Patent and Trademark
`Ojfice Io be affixed on Nov. 20. 2001.
`
`DIRECTOR OF THE US. PATENT AND TRADEMARK OFFICE
`
`

`
`
`
`Int. Cls.: 5, 9, 16 and 42
`
`Prior U.S. Cls.: 2, 5, 6, 18, 21, 22, 2,3, 26, 29, 36, 37, 33,
`44, 46, 50, 51, 52, 100 and 101
`
`United States Patent and Trademark Office
`
`Reg. No. 2,469,423
`Regktetul July 17, 2001
`
`TRADEMARK
`SERVICE MARK
`PRINCIPAL REGISTER
`
`BALANCED HEALING NEDICAL CENTER
`
`LAURENCE H. ALTSHULER, P.C. (OKLAHOMA
`CORPORATION)
`2520 N.W. EXPRESSWAY
`OKLAHOMA CITY, OK 73112
`
`WELLNESS AND CONVENTIONAL AND ALTER-
`NATIVE TREATMENT MODALITIES, IN CLASS 16
`(US. CLS. 2, S, 22, 23, 29, 37, 38 AND 50).
`
`FOR: PHARMACEUTICALS. MEDICINES AND
`PRODUCTS USED IN CONVENTIONAL AND AL-
`TERNATIVE TRIMTMENT MODALITIES, NAME
`LY HERBAL SUPPLEMENTS, NUTRITIONAL
`SUPPLEMENTS, VITAMINS, AND NUTRACEU'I'I-
`CALS, AND PHYTOCHEMICALS FOR USE AS
`DIETARY AND NUTRITIONAL SUPPLEMENTS,
`IN CLASS 5 (U.S. CLS. 6, I8. 44, 46, 5| AND 52).
`
`FIRST USE 8-0-I998; IN COMMERCE 8-0-I998.
`
`FOR: PRE-RECORDED VIDEO TAPES FEATUR-
`ING INFORMATION ON HEALTH AND WELL-
`NESS AND @NVENTIONAL AND ALTERNATIVE
`TREATMENT MODALITIES, AND PRERECOR-
`DED AUDIO TAPES FEATURING INFORMATION
`ON HEALTH AND. WELLNESS AND CONVEN-
`TIONAL AND ALT'ERNATIVE TREATMENT MOD-
`ALITIES. IN CLASS 9 (US. CI..S. 2|, 23, 26, 36 AND 38).
`
`FIRST USE 2-0-I998; IN COMMERCE 2-0-1998.
`
`FOR: MEDICAL SERVICES, NAMELY, TREAT-
`MENT IN CONVENTIONAL AND ALTERNATIVE
`MEDICAL PROTOCOLS, AND A MEDICAL CLINIC
`OFFERING TREATMENT IN CONVENTIONAL
`AND ALTERNATIVE MEDICAL PROTOCOLS,
`AND PROVIDING INFORMATION IN THE FIELD
`OF HEALTH AND WELLNESS AND CONVENTION-
`AL AND ALTERNATIVE TREATMENT MODAL
`ITIES, INCLUDING INFORMATION ABOUT
`PHARMACEUTICALS, MEDICINES AND PRO-
`DUCTS US IN @NVENTIONAL AND ALTER-
`NATIVE TREATMENT MODALITIES, NAMELY
`HERBAL SUPPLEMENTS, NUTRITIONAL SUPPLE-
`MENTS, VITAMINS, NUTRACEITIICALS, AND
`PHYTOCHEMICALS, VIA THE GLOBAL COMPU-
`TER NETWORK, IN CLASS 42 (US. CLS. I00 AND
`I01).
`
`FIRST USE 8-0-I998: IN COMMERCE 8-0-I998.
`
`FIRST USE 2-0-I998; IN COMMERCE 2-0- 1998.
`
`FOR: SERIES OF NON-FICTION BOOKS IN THE
`FIELD OF HEALTH AND WELLNESS AND CON-
`VENTIONAL AND ALTERNATIVE TREATMENT
`MODALITIES, NEWSLETTERS CONCERNING
`HEALTH AND WELLNESS AND CONVENTIONAL
`AND ALTERNATIVE TREATMENT MODALITIES,
`AND PAMPHLETS CONCERNING HEALTH AND
`
`NO CLAIM IS MADE TO THE EXCLUSIVE
`RIGHT TO USE "MEDICAL CENTER", APART
`FROM THE MARK AS SHOWN.
`
`SER. NO. 76-015,228, FILED 3-31-20(1).
`
`BROOKE BEYER, EXAMINING ATTORNEY
`
`

`
`
`
`III. CIs.."5. 9. I6 all 42
`
`PrIorU.S.CIs.:2,5,6.I8,2I.22,B,26,29,
`Reg,No.2.M9.558
`35.37.38.44.46.50.5l,52.I00auIIl0l
`United States Patent and Trademark Offiee
`Regisund May 8. 200I
`
`Corrected
`06 Date Oct. 9. 200!
`
`TRADEMARK
`SERVICE MARK
`PRINCIPAL REGISTER
`
`A
`
`A F
`
`IRST USE I-0-I998: IN ®MMERCE
`I-0-I998.
`
`FOR: SERIES OF NON-FICTION
`BOOKS IN THE FIELD OF HEALTH
`AND WELLN AND CONVENTIONAL
`AND ALTERNATIVE TREATMENT
`MODALITIES. NEWSLETTERS CON-
`CERNING HEALTH AND WELLNESS
`AND CONVBNITIONAL AND ALTERNA-
`TIVE TREA1'MEN'I' MODALITIB. AND
`PAMPHLETS CONCERNING HEALTH
`AND WELLN AND CONVENTIONAL
`AND ALTERNATIVE TREATMENT
`MODALITIES. IN CLASS I6 (US. CLS. 2.
`5.n.?J.29.J1.3SAND50).
`FIRST USE 2-0-I998: IN COMMERCE
`2-0-I998.
`
`~ ER: MICAL SERVICES. NAMELY.
`TREATMENT IN CONVEN'I'IONAL AND
`ALTERNATIVE MEDICAL PROTOCOLS.
`AND A MICAL CLINIC OFFERING
`TREATMENT IN $NVEN'I'IONAL AND
`ALTERNATIVE MICAL PROTOCOLS.
`IN CLAS 42 (US. CLS. IN AND IOI).
`FIRST USE 2-0-I998: IN ®MMERCE
`1-0-I993.
`SER. IR). 75-“L858. FILED S-8-I998.
`
`A
`
`LAURENCE H. ALTSHULER. M.D-. P.C.
`(OKLAHOMA ®RPORATION)
`2520 NW. EXPRESSWAV
`OKIAI-IOMA CITV. OK 7JlI2
`
`FOR: PHARMACEUTICALS. MEDI-
`CINES AND PRODUCTS USED IN CON-
`VENTIONAL AND ALTERNATIVE
`TREATMENT MODALITIB. NAMELY.
`HERBAL SUPPLEMENTS. NUTRI'l1ONAL
`SUPPLEMENTS. VITAMINS. AND NU-
`TRACEUTICALS AND I'HYTOCHEM-
`ICALS FOR USE AS DIETARY AND
`NUTRITIONAL SUPPLEMENTS.
`IN
`CLASS5(U.S.CIS.6.II.“.45.5I
`AND 52).
`‘
`‘
`FIRST USE 8-0-I993: IN CDMMER
`I-0-I993.
`
`FOR: PRE-RECORDED VIDEO TAPES
`FEATURING INFORMATION ON
`HEALTH AND WELLN AND CON-
`VENTIONAL AND ALTERNATIVE
`TREATMENT MODALITIES. AND PRE-
`RECORDH) AUDIO TAPE FEATURING
`INFORMATION ON HEALTH AND
`WELLNE AND CONVENTIONAL AND
`ALTERNATIVE TREATMENT MODAL
`I'I1ES.INCI.ASS9(U.S.G.5.2I.Z3.26.
`36 AND 38).
`
`
`
`Iattmony whereof I have hereunto set my hand
`caused the seal of 11:: Patent and Trademark
`to be aflixed on Oct. 9. 2001.
`
`"
`
`754%» 1‘-’»&¢=£;
`
`
`0 R OF THE US. PATENT AND TRADEMA
`
`Opposition No. 91159782
`Laurence Altshuler M.D., P.C., Opposer
`V
`Gail L. Flanagan, Applicant
`
`OPPOSEITS
`
`EXHIBIT
`3
`
`

`
`Int. CIs,: 5, 9,16, and 42
`
`Prior U.S. CIs.: 2, 5, 6, 18, 21, 22, 23, 26, 29, 36, 37, 38,
`44, 46, 50, 51, 52, 100, and 101
`
`United States Patent and Trademark Office
`
`Reg. No. 2,449,558
`Registered May 8, 2001
`
`TRADEMARK
`
`SERVICE MARK
`
`PRINCIPAL REGISTER
`
`LAURENCE H. ALTSHULER, P.C. (OKLAHOMA
`CORPORATION)
`2520 N.W. EXPRESSWAY
`OKLAHOMA CITY. OK 73I I2
`
`FOR: PIIARMACEUTICALS, MEDICINES AND
`PRODUCTS USED IN CONVENTIONAL AND AL-
`TERNATIVE TREATMENT MODALITIES. NAME-
`LY. HERBAL SUPPLEMENTS. NUTRITIONAL
`SUPPLEMENTS, VITAMINS, AND NUTRACEUTI-
`CALS AND PHYTOCHEMICALS FOR USE AS DIET-
`ARY AND NUTRITIONAL SUPPLEMENTS,
`IN
`CLASS 5 (U.S. CLS. 6. I8. 44. 46. SI AND 52).
`
`FIRST USE 8-0-I998; IN COMMERCE 8-0-I998.
`
`FOR: PRE-RECORDED VIDEO TAPES FEATUR-
`ING INFORMATION ON HEALTH AND WELL-
`NESS AND CONVENTIONAL AND ALTERNATIVE
`TREATMENT MODALITIES. AND I’RE-RECOR-
`DED AUDIO TAPES FEATURING INFORMATION
`ON HEALTH AND WELLNESS AND CONVEN-
`TIONAL AND ALTERNATIVE TREATMENT MOD-
`ALITIES. IN CLASS 9 (U.S. CLS. 2I, 23. 26. 36 AND 38).
`
`FOR: SERIES OF NON-FICTION BOOKS IN THE
`FIELD OF HEALTH AND WELLNESS AND CON-
`VENTIONAL AND ALTERNATIVE TREATMENT
`MODALITIES. NEWSLETTERS CONCERNING
`HEALTH AND WELLNESS AND CONVENTIONAL
`AND ALTERNATIVE TREATMENT MODALITIIES.
`AND PAIVIPIILETS CONCERNING HEALTH AND
`WELLNESS AND CONVENTIONAL AND ALTER-
`NATIVE TREATMENT MODALITIES, IN CLASS I6
`(U.S. CLS. 2. 5, 22, 23. 29, 37, 38 AND 50).
`
`FIRST USE 2-0-I998; IN COMMERCE 2-0-I998.
`
`FOR: MEDICAL SERVICES, NAMELY. TREAT-
`MENT IN CONVENTIONAL AND ALTERNATIVE
`MEDICAL PROTOCOLS. AND A MEDICAL CLINIC‘
`OFFERING TREATMENT IN CONVENTIONAL
`AND ALTERNATIVE MEDICAL PROTOCOLS. IN
`CLASS 42 (U.S. CLS. I00 AND l0|).
`
`FIRST USE 2-0-I998; IN COMMERCE 2-0-I998.
`
`SN 75—48I.858, FILED 5-8-I998.
`
`FIRST USE 8-0-I998: IN COMMERCE 8-0-I998.
`
`C\‘N'I”IIlA SLOAN. EXAMINING A'I‘I‘ORNI.'.Y
`
`

`
`
`
`
`
`‘
`
`748463
`
`ORDER
`DATEIYIME
`
`PALM
`NUMBER
`
`CUSTOMER
`NUMBER
`
`CONTACT
`PHONE NUMBER
`
`PAYMENT
`METHOD
`
`TOTAL
`COST OF ORDER
`
`2°04/12/06
`1 4:39:47
`
`IDON6805
`
`302-o
`
`S .
`
`CREDIT CARD
`"6.
`
`$100.00
`
`
`
`
`
`
`ORDER
`PRODUCT‘ DOCUMENT
`A
`CUSTOMER
`
`
`R
`LINE
`TYPE
`IDENTIFIER
`:f~_;
`REFERENCE
`..
`._
`
`1=
`1
`27
`02469423
`gjI=ILI.I=.o
`100-010
`-3
`
`
`
`
`
`
`0PPOSER'S
`EXHI
`IT
`
`Opposition No. 91159782
`Laurence Altshuler M.D., P.C., Opposer
`v
`Gail L. Flanagan, Applicant
`
`
`
`
`
`
`
`
`
`
`
`

`
`Int. Cls.: 5, 9, 16 and 42
`
`Prior U.S. Cls.: 2, 5, 6, 18, 21, 22, 23, 26, 29, 36, 37, 38,
`44, 46, 50, 51, 52, 100 and 101
`
`United Statés Patent and Trademark Office
`
`Reg. No. 2,469,423
`Registered July 17, 2001
`
`TRADEMARK
`SERVICE MARK
`PRINCIPAL REGISTER
`
`BALANCED HEALING MEDICAL CENTER
`
`LAURENCE H. ALTSHULER, P.C. (OKLAHOMA
`CORPORATION)
`‘
`2520 NW. EXPRESSWAY
`OKLAHOMA CITY, OK 73112
`
`WELLNESS AND CONVENTIONAL AND ALTER-
`NATIVE TREATMENT MODALITIES, IN CLASS 16
`(U.S. CLS. 2, 5, 22, 23, 29, 37, 38 AND 50).
`
`FOR: PHARMACEUTICALS, MEDICINES AND
`PRODUCTS USED IN CONVENTIONAL AND AL-
`TERNATIVE TREATMENT MODALITIES, NAME-
`LY HERBAL SUPPLEMENTS, NUTRITIONAL
`SUPPLEMENTS, VITAMINS, AND NUTRACEUTI-
`CALS, AND PHYTOCHEMICALS FOR USE AS
`DIETARY AND NUTRITIONAL SUPPLEMENTS,
`IN CLASS 5 (US. CLS. 6, 18, 44, 46, 51 AND 52).
`
`FIRST USE 8-0-1998; IN COMMERCE 8-0-1998.
`
`FOR: PRE-RECORDED VIDEO TAPES FEATUR-
`ING INFORMATION ON HEALTH AND WELL-
`NESS AND CONVENTIONAL AND ALTERNATIVE
`TREATMENT MODALITIES, AND PRE-RECOR-
`'« DED AUDIO TAPES FEATURING INFORMATION
`ON HEALTH AND_ WELLNESS AND CONVEN-
`TIONAL AND ALTERNATIVE TREATMENT MOD-
`ALITIES, IN CLASS 9 (U.S. CLS. 21, 23, 26, 36 AND 38).
`
`FIRST USE 2-0-1998; IN COMMERCE 2-0-1998.
`
`FOR: MEDICAL SERVICES, NAMELY, TREAT-
`MENT IN CONVENTIONAL AND ALTERNATIVE
`MEDICAL PROTOCOLS, AND A MEDICAL CLINIC
`OFFERING TREATMENT IN CONVENTIONAL
`AND ALTERNATIVE MEDICAL PROTOCOLS,
`AND. PROVIDING INFORMA'I‘ION IN THE FIELD
`OF HEALTH AND WELLNESS AND CONVENTION-
`AL AND ALTERNATIVE TREATMENT MODAL-
`ITIES,
`INCLUDING INFORMATION ABOUT
`PHARMACEUTICALS, MEDICINES AND PRO-
`DUCTS USED IN CONVENTIONAL AND ALTER-
`NATIVE TREATMENT MODALITIES, NAMELY
`HERBAL SUPPLEMENTS, NUTRITIONAL SUPPLE-
`MENTS, VITAMINS, NUTRACEUTICALS, AND
`PHYTOCHEMICALS, VIA THE GLOBAL COMPU-
`TER NETWQRK, IN CLASS 42 (U.S. CLS. 100 AND
`101).
`
`FIRST USE 8-0-1998; IN COMMERCE 8-0-1998.
`
`FIRST USE 2-0-1998; IN COMMERCE 2-0-1998.
`
`FOR: SERIES OF NON-FICTION BOOKS IN THE
`FIELD OF HEALTH AND WELLNESS AND CON-
`VENTIONAL AND ALTERNATIVE TREATMENT
`MODALITIES, NEWSLETTERS CONCERNING
`HEALTH AND WELLNESS AND CONVENTIONAL
`AND ALTERNATIVE TREATMENT MODALITIES,
`AND PAMPHLE'TS CONCERNING HEALTH AND
`
`NO CLAIM IS MADE TO THE EXCLUSIVE
`RIGHT TO USE "MEDICAL CENTER", APART
`FROM THE MARK AS SHOWN.
`
`SER. NO. 76-015,228, FILED 3-31-2000.
`
`BROOKE BEYER, EXAMINING ATTORNEY
`
`

`
`Int. Cls.: 5, 9, 16 and 42
`
`Prior U.S. Cls.: 2, 5, 6, 18, 21, 22, 23, 26, 29, 36, 37, 38,
`44, 46, 50, 51, 52, 100 and 101
`
`United States Patent and Trademark Office
`
`Reg. No. 2,469,423
`Registered July 17, 2001
`
`TRADEMARK
`SERVICE MARK
`
`PRINCIPAL REGISTER
`
`BALANCED HEALING NHEDICAL CENTER
`
`LAURENCE H. ALTSHULER, P.C. (OKLAHOMA
`CORPORATION)
`2520 NW. EXPRESSWAY
`OKLAHOMA CITY, OK 73112
`
`FOR: PHARMACEUTICALS, MEDICINES AND
`PRODUCTS USED IN CONVENTIONAL AND AL-
`TERNATIVE TREATMENT MODALITIES, NAME-
`LY HERBAL SUPPLEMENTS, NUTRITIONAL
`SUPPLEMENTS, VITAMINS, AND NUTRACEUTI-
`CALS, AND PHYTOCHEMICALS FOR USE AS
`DIETARY AND NUTRITIONAL SUPPLEMENTS,
`IN CLASS 5 (U.S. CLS. 6, 18, 44, 46, 51 AND 52).
`
`FIRST USE 8-0-1998; IN COMMERCE 8-0-1998.
`
`FOR: PRE-RECORDED VIDEO TAPES FEATUR-
`ING INFORMATION ON HEALTH AND WELL-
`NESS AND CONVENTIONAL AND ALTERNATIVE
`TREATMENT MODALITIES, AND PRE-RECOR-
`DED AUDIO TAPES FEATURING INFORMATION
`ON HEALTH AND WELLNESS AND CONVEN-
`TIONAL AND ALTERNATIVE TREATMENT MOD-
`.1‘ILITIES, IN CLASS 9 (U.S. CLS. 21, 23, 26, 36 AND 38).
`
`FIRST USE 8-0-1998; IN COMMERCE 8-0-1998.
`
`FOR: SERIES OF NON-FICTION BOOKS IN THE
`FIELD OF HEALTH AND WELLNESS AND CON-
`VENTIONAL AND ALTERNATIVE TREATMENT
`MODALITIES, NEWSLETTERS CONCERNING
`HEALTH AND WELLNESS AND CONVENTIONAL
`AND ALTERNATIVE TREATMENT MODALITIES,
`AND PAMPHLETS CONCERNING HEALTH AND
`
`WELLNESS AND CONVENTIONAL AND ALTER-
`NATIVE TREATMENT MODALITIES, IN CLASS 16
`(U.S. CLS. 2, 5, 22, 23, 29, 37, 38 AND 50).
`
`FIRST USE 2-0-1998; IN COMMERCE 2-0-1998.
`
`FOR: MEDICAL SERVICES, NAMELY, TREAT-
`MENT IN CONVENTIONAL AND ALTERNATIVE
`MEDICAL PROTOCOLS, AND A MEDICAL CLINIC
`OFFERING TREATMENT IN CONVENTIONAL
`AND ALTERNATIVE MEDICAL PROTOCOLS,
`AND PROVIDING INFORMATION IN THE FIELD
`OF HEALTH AND WELLNESS AND CONVENTION-
`AL AND ALTERNATIVE TREATMENT MODAL-
`ITIES,
`INCLUDING INFORMATION ABOUT
`PHARMACEUTICALS, MEDICINES AND PRO-
`DUCTS USED IN CONVENTIONAL AND ALTER-
`NATIVE TREATMENT MODALITIES, NAMELY
`HERBAL SUPPLEMENTS, NUTRITIONAL SUPPLE-
`MENTS, VITAMINS, NUTRACEUTICALS, AND
`PHYTOCHEMICALS, VIA THE GLOBAL COMPU-
`TER NETWORK, IN CLASS 42 (US. CLS. 100 AND
`101).
`
`FIRST USE 2-0-1998; IN COMMERCE 2-0-1998.
`
`NO CLAIM IS MADE TO THE EXCLUSIVE
`RIGHT TO USE "MEDICAL CENTER", APART
`FROM THE MARK AS SHOWN.
`
`SER. NO. 76-015,228, FILED 3-31-2000.
`
`BROOKE BEYER, EXAMINING ATTORNEY
`
`
`
`

`
`Applicant:
`
`Address:
`
`Mark:
`
`First Use
`
`Anywhere:
`
`First Use
`Commerce:
`
`For:
`
`Laurence H. Altshuler, P.C., an Oklahoma corporation
`
`2520 N.W. Expressway
`Oklahoma City, Oklahoma 73112
`
`BALANCED HEALING MEDICAL CENTER
`
`February, 1998
`
`February, 1998
`
`
`
`Pharmaceuticals, medicines and products used in conventional and alternative treatment modalities,
`namely herbal supplements, nutritional supplements, vitamins, nutraceuticals, and phytochemicals, in
`International Class 5; pre-recorded video tapes featuring infonnation on health and wellness and
`conventional and alternative treatment modalities, and pre-recorded audio tapes featuring information
`on health and wellness and conventional and alternative treatment modalities, in Intemational Class