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Trademark Trial and Appeal Board Electronic Filing System. 3935
`
`ESTTA Tracking number: ESTTA48861
`
`Filing d9-t33
`
`10/1 4/2005
`
`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
`
`10/16/2005
`
`36 Columbia Road
`
`Address
`
`Morristown, NJ 07962-1910
`UNITED STATES
`
`Todd E. Adler
`
`Heller Ehrman LLP
`
`333 Bush Street
`
`Attorney
`information
`
`San Francisco, CA 94104
`UNITED STATES
`
`sf-trademark@hellerehrman. com, todd. adler@hellerehrman. com
`Phone:415-772-6000
`
`Applicant Information
`
`Application No 78427254
`
`P“b::;‘i°“
`
`04/19/2005
`
`Opposition
`Filing Date
`
`10/14/2005
`
`Opposition
`Period Ends
`
`§
`
`10/16/2005
`
`Applicant
`
`Window Rock Enterprises, Inc.
`18032-C Lemon Drive #331
`
`

`
`Yorba Linda, CA 92886
`UNITED STATES
`
`Goodsl Services Affected by Opposition
`
`All goods and sevices in the class are opposed, namely: Dietary and nutritional
`supplements
`
`Attachments
`
`CORTILEVE Notice of Oppositionpdf ( 4 pages )
`
`Signature
`
`ITodd Ad1er/
`
`Name
`
`Todd E. Adler
`
`Date
`
`10f14/2005
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Ap lication Serial No. 78/427,254
`Published in the Official Gazette on April 19, 2005
`
`Trademark: C ORTILEVE
`
`
`
`Bayer Consumer Care LLC,
`
`Opposer
`
`V.
`
`Window Rock Enterprises, i11C.,
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`Bayer Consumer Care 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 CORTILEVE shown in Serial No.
`
`78/427,254 in Inteniational 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.
`
`Window Rock ‘Enterprises, Inc. (“Applicant”), has tiled an application to
`
`register the mark CORTILEVE for “dietary and nutritional supplements” in International
`
`Ciass 5, as evidenced by the publication of such mark in the Ofiicial Gazette on April 19,
`
`2005.
`
`

`
`3.
`
`Applicant is, upon information and belief, a California corporation, having
`
`a place of business at 18032-C Lemon Drive #331, Yorba Linda, California 92886.
`
`4.
`
`Opposer has, since at least as early as April 25, 1988, used the mark
`
`ALEVE in connection with pharmaceutical preparations. Opposer is the owner of, among
`
`others, an incontestable 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.
`
`There is no issue as to priority. Upon information and belief, Applicant has
`
`not used the mark CORTILEVE on its goods prior to May 28, 2004, as evidenced by
`
`Applicant’s Intent-to-Use application filed on May 28, 2004. The date of registration and
`
`use of the ALEVE mark is thus well before the filing date of Applicanfs CORTILEVE
`
`application, and Opposer’s ALEVE mark therefore has priority over Applicanfis
`
`CORTILEVE 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 considerabie 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,
`
`CORTILEVE, is likely to be confused with Opposer’s mark, ALEVE, because the marks
`
`are similar in appearance, sound and overall commercial impression.
`
`9.
`
`Applicant seeks to register CORTILEVE as a mark in connection with
`
`goods that are substantially similar to the goods of Opposer and such use so nearly
`
`resembles Opposexfs use as to be likely to cause confusion, to cause mistake or to deceive
`
`within the meaning of 15 USC. § iO52(d).
`
`10.
`
`If Applicant is permitted to use and register the CORTILEVE 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 Opposer’s ALEVE
`
`mark would be likely to buy Applicant’s CORTILI-EVE goods as goods offered and sold
`
`by Opposer. Furthermore, any defect, objection, or fault found with Applicant’s goods
`
`marketed under its CORTILEVE 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 closely associated with the goods of Opposer. The ALEVE mark became
`
`famous prior to the filing of Applicanfs intent~to—»use application for CORTILEVE.
`
`

`
`12.
`
`The trademark proposed for registration by Applicant, namely
`
`CORTILEVE, is likely to dilute and actually dilutes Qpposer’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.
`
`WHEREFORE, Opposer prays that the opposition be sustained and that the
`
`application be refused for registration.
`
`Respectfully submitted,
`HELLER EHRMAN LLP
`
`Dated: October 14, 2005
`
`By:
`
`
`
`0
`
` -
`Todd E. Adler
`Attorneys for Bayer Consumer Care LLC
`333 Bush Street
`San Francisco, CA 94EO4
`415~7’72—6000
`
`Please refer to Our File No: 24172-0051

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