Trademark Trial and Appeal Board Electronic Filing System. 39145
`
`ESTTA Tracking number: ESTT A3557 6
`
`Filing d'¢‘-1533
`
`06/13/2005
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated
`application.
`
`Opposer Information
`
`Name
`
`Bayer Consumer Care LLC
`
`Granted to
`
`D3“?
`of previous
`extension
`
`06/12/2005
`
`36 Columbia Road
`
`Address
`
`Morristown, NJ 07962
`UNITED STATES
`
`Party who fled
`Extension of
`,
`time to oppose
`
`Relationship to
`
`party who filed
`Extension of
`
`time to oppose
`
`Bayer-Roche LLC
`
`Bayer-Roche LLC has changed its name to Bayer Consumer Care
`
`LLC. This name change was recorded with the PTO for the
`ALEVE registration (Reg. No. 1,536,042) on 4/1/2005.
`
`Todd E. Adler
`
`Heller Ehrman LLP
`
`333 Bush Street
`
`Attorney
`information
`
`San Francisco, CA 94104-2878
`UNITED STATES
`
`to dd.adler@hellerehrman. com, sf-trademark@heWm. com,
`elayne.ricci@hellerehrman.com Phone :41 5-772-65 55
`
`Applicant Information
`
`
`
`ESTTA Tracking number: ESTT A3557 6
`
`Filing d'¢‘-1533
`
`06/13/2005
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated
`application.
`
`Opposer Information
`
`Name
`
`Bayer Consumer Care LLC
`
`Granted to
`
`D3“?
`of previous
`extension
`
`06/12/2005
`
`36 Columbia Road
`
`Address
`
`Morristown, NJ 07962
`UNITED STATES
`
`Party who fled
`Extension of
`,
`time to oppose
`
`Relationship to
`
`party who filed
`Extension of
`
`time to oppose
`
`Bayer-Roche LLC
`
`Bayer-Roche LLC has changed its name to Bayer Consumer Care
`
`LLC. This name change was recorded with the PTO for the
`ALEVE registration (Reg. No. 1,536,042) on 4/1/2005.
`
`Todd E. Adler
`
`Heller Ehrman LLP
`
`333 Bush Street
`
`Attorney
`information
`
`San Francisco, CA 94104-2878
`UNITED STATES
`
`to dd.adler@hellerehrman. com, sf-trademark@heWm. com,
`elayne.ricci@hellerehrman.com Phone :41 5-772-65 55
`
`Applicant Information
`
`
`
`Application No 765 80692
`
`Publication
`
`date
`
`1 2/1 4/2004
`
`Opposition
`Filing Date
`
`06/13/2005
`
`Opposition
`Period Ends
`
`§
`
`06/12/2005
`
`Applicant
`
`Spectra Marketing Group, Inc.
`
`3401 Old Wagon Road
`Marietta, GA 30007
`UNITED STATES
`
`Goods/ Services Affected by Opposition
`
`Class 005.
`
`All goods and sevices in the class are opposed, namely: VETERINARY NUTRITIONAL
`SUPPLEMENTS FOR MAMMALS, NAMELY, HORSES
`
`Attachments
`
`ALLEVION Notice of Opposition.PDF ( 4 pages )
`
`Signature
`
`ITodd Ad1er/
`
`Name
`
`Todd E. Adler
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Ap lication Serial No. 76/580,692
`Published in the Oficial Gazette on December 14, 2004
`Trademark: ALLEVION
`
`
`
`Bayer Consumer Care LLC,
`
`Opposer
`
`V.
`
`Spectra Marketing Group, Inc.,
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`Bayer Consumer Care LLC, formerly known as Ba.yer—Roche LLC (“Opposer”), a
`
`Delaware limited liability company having a principal place of business at 36 Columbia
`
`Road, Morristown, NJ 07962, believes it will be damaged by registration of the mark
`
`ALLEVION shown in Serial No. 76/580,692 in international Class 5 and hereby opposes
`
`the same.
`
`As grounds for opposition, Opposer alleges:
`
`1.
`
`Opposer has obtained all necessary extensions of time in which to oppose
`
`the challenged trademark following publication.
`
`2.
`
`Spectra Marketing Group, Inc. (“Applicant”), has filed an application to
`
`register the mark ALLEVION for “Veterinary nutritional supplements for mammals,
`
`
`
`namely, horses” in International Class 5, as evidenced by the publication of such mark in
`
`the Oflfcial Gazette on December 14, 2004.
`
`3.
`
`Applicant is, upon information and belief, a Michigan corporation, having a
`
`place of business at 3401 Old Wagon Road, Marietta, Georgia 30007.
`
`4.
`
`Opposer has, since at least as early as April 25, E988, used the mark
`
`ALEVE in connection with pharmaceutical preparations. Opposer is the owner of, among
`
`others, an incontcstable registration for the trademark ALEVE (United States Registration
`
`No. 1,536,042, registered April 25, 1989) for “anti-inflammatory, analgesic, and
`
`antipyretic pharmaceutical preparations” in class 5.
`
`5.
`
`Upon information and belief, Applicant has not used the mark ALLEVEON
`
`on its goods prior to March 12, 2004, as evidenced by App1icant’s Intent—to——Use
`
`application filed on March 12, 2004. The date of registration and use of the ALEVE
`
`mark is thus well before the filing date of Applicant’s ALLEVION application, and
`
`Opposer’s ALEVE mark has priority over Applicants ALLEVION application.
`
`6.
`
`Opposer has sold its goods under the mark ALEVE throughout the United
`
`States and has developed exceedingly Valuable goodwill with respect to the mark
`
`ALEVE.
`
`7.
`
`By Virtue of its efforts and the expenditure of considerable sums for
`
`promotional and advertising activities and by virtue of the excellence of its goods,
`
`Opposer has gained for its mark ALEVE a most valuable reputation and has created, in
`
`the minds of the buying public, an exclusive association between ALEVE and its goods.
`
`
`
`8.
`
`The trademark proposed for registration by Applicant, namely,
`
`ALLEVION, is likely to be confused with Opposer’s mark, ALEVE, because the marks
`
`are similar in appearance, sound and overall cornmerciai impression.
`
`9.
`
`Applicant seeks to register ALLEVION as a mark in connection with goods
`
`that are substantially similar to the goods of Opposer and such use so nearly resembles
`
`Opposer’s use as to be Eikely to cause confusion, to cause mistake or to deceive within the
`
`meaning of 15 U.S.C. § 1052(d).
`
`10.
`
`If Applicant is permitted to use and register the ALLEVION mark for its
`
`goods as specified in the opposed application, confusion in trade resulting in damage and
`
`injury to Opposer would be caused and would result by reason of the fact that Applicant's
`
`mark is confusingly similar to Opposer’s mark. Persons familiar with Opp0ser’s ALEVE
`
`mark would be likely to buy App1icant’s ALLEVION goods as goods offered and sold by
`
`Opposer. Furthermore, any defect, objection, or fault found with Appiicant’s goods
`
`marketed under its ALLEVION mark would be likely to reflect upon and seriously injure
`
`the reputation that Opposer has established for its goods offered under its ALEVE mark.
`
`11.
`
`The mark ALEVE is distinctive and famous throughout the United States,
`
`and has become closeiy associated with the goods of Opposer. The ALEVE mark became
`
`famous prior to the filing of App1icant’s intent-to-use application for ALLBVION.
`
`l2.
`
`The trademark proposed for registration by Applicant, namely ALLEVION,
`
`is likely to dilute and actually dilutes Opposer’s ALEVE mark and reduces the capacity of
`
`the famous ALEVE mark to identify the goods of Opposer.
`
`
`
`13.
`
`If Applicant is granted the registration herein opposed, such registration
`
`would be a source of damage and injury to Opposer.
`
`WI-IEREFORE, Opposer prays that the opposition be sustained and that the
`
`application be refused for registration.
`
`Respectfully submitted,
`HELLER EHRMAN LLP
`
`Dated: Eune 13, 2005
`
`By:
`
`an
`
`0
`Bet M.
`Todd E. Adler
`Attorneys for Bayer Consumer Care LLC
`333 Bush Street
`San Francisco, CA 94104
`415-772-6000
`
`Please refer to Our File No: 42306-0050
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