Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA88359
`ESTTA Tracking number:
`07/05/2006
`
`Filing date:
`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
`Granted to Date
`of previous
`extension
`Address
`
`Leo Pharma A/S
`07/05/2006
`
`Industriparken 55
`Ballerup, DK-2750
`DENMARK
`
`Domestic
`Representative
`
`Roger W. Herrell
`Attorney for Opposer
`Dann, Dorfman, Herrell and Skillman
`1601 Market Street Suite 2400
`Philadelphia, PA 19103-2307
`UNITED STATES
`docketclerk@ddhs.com, rherrell@ddhs.com Phone:215-563-4100
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`76636322
`07/05/2006
`
`Publication date
`Opposition
`Period Ends
`
`03/07/2006
`07/05/2006
`
`Lev Pharmaceuticals, Inc.
`122 East 42nd Street, Suite 2606
`New York, NY 10168
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 042. First Use: 2003/03/19 First Use In Commerce: 2003/03/19
`All goods and sevices in the class are opposed, namely: Research and development of
`pharmaceutical products
`
`Attachments
`
`Notice of Opposition.pdf ( 6 pages )(138890 bytes )
`
`Signature
`Name
`Date
`
`/rwh/
`Roger W. Herrell
`07/05/2006
`
`
`ESTTA88359
`ESTTA Tracking number:
`07/05/2006
`
`Filing date:
`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
`Granted to Date
`of previous
`extension
`Address
`
`Leo Pharma A/S
`07/05/2006
`
`Industriparken 55
`Ballerup, DK-2750
`DENMARK
`
`Domestic
`Representative
`
`Roger W. Herrell
`Attorney for Opposer
`Dann, Dorfman, Herrell and Skillman
`1601 Market Street Suite 2400
`Philadelphia, PA 19103-2307
`UNITED STATES
`docketclerk@ddhs.com, rherrell@ddhs.com Phone:215-563-4100
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`76636322
`07/05/2006
`
`Publication date
`Opposition
`Period Ends
`
`03/07/2006
`07/05/2006
`
`Lev Pharmaceuticals, Inc.
`122 East 42nd Street, Suite 2606
`New York, NY 10168
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 042. First Use: 2003/03/19 First Use In Commerce: 2003/03/19
`All goods and sevices in the class are opposed, namely: Research and development of
`pharmaceutical products
`
`Attachments
`
`Notice of Opposition.pdf ( 6 pages )(138890 bytes )
`
`Signature
`Name
`Date
`
`/rwh/
`Roger W. Herrell
`07/05/2006
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Leo Pharma A/S
`
`: Opposition No.
`
`: :
`
`Appl. No. 76/636,322 (ITU)
`: "LEV PHARMA”
`
`: Published in 0G
`
`: March 7, 2006
`
`Opposer
`
`v.
`
`Lev Pharmaceuticals, Inc
`
`Applicant
`
`CERTIFICATE OF MAILING
`
`E hereby certify that this correspondence is being electronically filed with
`the Electronic System for Trademark Trials and Appeals at the United States Patent
`and Trademark Office.
`
` July 5, 2006
`
`Date
`
`Christine Edinger
`
`
`
`NOTICE OF OPPOSITION
`
`Leo Pharma A/S, a Denmark Joint Stock Company, having a place of
`
`business at lndustriparken 55, DK-2750 Ballerup, Denmark (hereinafter “Opposer” or
`
`“LEO"), believes that it will be damaged by Application Serial No. 76/636,322, filed April
`
`18, 2005, seeking registration on the Principal Register of the mark “LEV PHARMA” by
`
`Lev Pharmaceuticals, Inc. (hereinafter “Applicant”) for the services of research and
`
`development of pharmaceutical products, and published for opposition in the March 7,
`
`2006, Official Gazette, and Opposer hereby opposes the registration of the “LEV
`
`PHARMA" trademark under Section 13 of the Lanham Act, 15 U.S.C. §1063.
`
`
`
`The grounds for opposition, on information and belief, are as follows:
`
`1.
`
`Applicant, Lev Pharmaceuticals, lnc., seeks to register the mark
`
`"LEV PHARMA” for "research and development of pharmaceutical products” in
`
`International Class 042, as evidenced by the publication of said mark in the Official
`
`Gazette of March 7, 2006.
`
`2.
`
`LEO is the owner of the registered trademark “LEO”, U.S.
`
`Trademark Registration No. 1,777,615, registered June 22, 1993. The goods identified
`
`in the registration are pharmaceutical preparations; namely, antibiotic, antibacterial,
`diuretic, antihypertensive, vitamin, mineral supplement, hormone, anti—inf|ammatory,
`
`analgesic, anticoagulant, anesthetic, and cytostatic agent preparations.
`
`3.
`
`LED is also the owner of the registered trademark “LEO and
`
`Design", U.S. Trademark Registration No. 1,782,361, registered July 20, 1993. The
`
`goods identified in the registration are pharmaceutical preparations; namely, antibiotic,
`
`antibacterial, diuretic, antihypertensive, vitamin, mineral supplement, hormone, anti-
`
`inflammatory, analgesic, anticoagulant, anesthetic, and cytostatic agent preparations.
`
`4.
`
`LEO is a Danish pharmaceutical company which manufactures and
`
`sells a wide range of pharmaceutical products in world market, including the United
`
`States.
`
`In addition, LEO has various license agreements with pharmaceutical
`
`companies in the United States to market LEO’s pharmaceuticai products.
`
`5.
`
`On information and belief, Applicant has not used the trademark
`
`"LEV PHARMA” in connection with research and development of pharmaceutical
`
`products prior to March 19, 2003, which is the date of first use alleged in App|icant’s
`
`application, Serial No. 76/636,322.
`
`
`
`6.
`
`Since a date long before the filing of Applicant's Application, Serial
`
`No. 76/636,322, Opposer has used the trade names LE0, LE0 PHARMA and LEO
`
`PHARMACEUTICAL PRODUCTS LTD. A/S, in connection with the marketing of
`
`pharmaceutical products in the United States and internationally, and such use is
`
`currently ongoing.
`
`7.
`
`The use of the names LE0, LE0 PHARMA and LEO
`
`PHARMACEUTICAL PRODUCTS LTD. A/S by Opposer in connection with marketing
`
`of pharmaceutical products has been valid and continuous since a date well in advance
`
`of Applicant's first use date and such use by Opposer has not been abandoned.
`
`8.
`
`The trade names LE0, LE0 PHARMA and LEO
`
`PHARMACEUTICAL PRODUCTS Ltd. A/S are symbolic of extensive goodwill and
`
`recognition generated through substantial effort in use and promotion of these trade
`
`HEIITIGS.
`
`9.
`
`Opposer's registered trademark "LEO and Design" was granted on
`
`Application Serial No. 74/228,851, filed December 6, 1991, with a claim of priority under
`
`15 U.S.C. 1126 (Lanham Act §44) based on Danish Registration No. VR02.350985,
`
`dated August 2, 1985.
`
`10.
`
`Opposer's registered trademark "LEO and Design" was granted on
`
`Application Serial No. 74/228,850, filed December 6, 1991, with a claim of priority under
`
`15 U.S.C. 1126 (Lanham Act §44) based on Danish Registration No. 2615-1984, dated
`
`July 20, 1984.
`
`11.
`
`Opposer has used its registered trademarks "LEO“ and "LEO and
`
`Design" and is stiil using said marks in connection with the marketing of pharmaceutical
`
`products and said use has not been abandoned.
`
`
`
`12.
`
`Opposer's registered trademarks "LEO" and "LEO and Design" are
`
`symbolic of goodwill and recognition built up by Opposer based on considerable time
`
`and effort in use and promotion of those marks.
`
`13.
`
`The trademark "LEV PHARMA” sought to be registered by
`
`Applicant, closely resembles one or more of LEO’s trademarks and trade names “LEO”,
`
`“LEO PHAFIMA” and “LEO PHARMACEUTICAL PRODUCTS LTD. A/S” and when
`
`applied to Applicant's activities, is likely to cause confusion, mistake, and/or deception,
`
`as proscribed by Section 2(d) of the Lanham Act, 15 U.S.C. § 1052(d), resulting in
`
`damage and injury to Opposer, Opposer’s reputation and goodwill and its valuable
`
`trade names, trademarks and business.
`
`14.
`
`Applicants adoption of the designation "LEV PHARMA" as a
`
`trademark is without license or permission of LEO and is likely to deceive persons by
`
`creating the erroneous impression that Applicant's services are related to Opposer and
`
`Opposer‘s goods or are connected in some way with Opposer or Opposer's goods, or
`
`are the same as Opposer's goods, and registration of Applicant's mark increases the
`
`likelihood of confusion between Opposer, Opposer's goods and Applicant's goods and
`
`services to the detriment of Opposer and the public, and any faults or imperfections in
`
`Applicant's services and goods marketed in association with the “LEV PHARMA” mark
`
`sought to be registered, will reflect adversely on Opposer and Opposer's goodwill and
`
`reputation and may disparage Opposer's goods unless this Opposition is sustained.
`
`15.
`
`Applicant's mark, by reason of its similarity to Opposer's marks and
`
`trade names, will enable Applicant to gain a foothold in Opposer's market, by exploiting
`
`subliminal or subconscious association with Opposer and Opposer's well known marks
`
`and trade names.
`
`
`
`16.
`
`In view of the similarity of Applicant’s service mark “LEV PHARMA”
`
`and LEO’s trademarks and trade names “LEO”, “LEO PHARMA" and “LEO
`
`HAFIMACEUTICAL PRODUCTS LTD. A/S”, the related nature of the goods and
`
`services of the respective parties, and the similar manner of marketing the same type
`
`goods and services, the mark “LEV PHARMA”, which Applicant seeks to register, is
`
`confusingly similar to LEO’s prior-used trademarks and trade names and prior-
`
`registered trademarks and is likely to cause confusion, or to cause mistake or to
`
`deceive actual and/or potential purchasers, resulting in damage to Opposer, Opposer's
`
`reputation and goodwill in its trademarks and trade names.
`
`17.
`
`In view of the above allegations, Opposer is likely to be damaged
`
`by registration of Applicant's mark in that the prima facie effect of such registration will
`
`be in derogation of Opposer's rights in its trademarks and trade names.
`
`WHEREFORE, LEO respectfully requests that Application Serial No.
`
`76/636,322 be rejected, that no registration be issued thereon to Applicant and that this
`
`Opposition be sustained in favor of LE0.
`
`LE0 submits herewith the requisite filing fee of $300.00.
`
`in the event that
`
`a payment is missing or the check is improper in any respect, or the fee calculation is in
`
`error, the Assistant Commissioner is authorized to charge any underpayment or credit
`
`any overpayment to the deposit account of the undersigned attorneys, Deposit Account
`
`No. 04-1406.
`
`A duplicate copy of this Notice of Opposition is enciosed herewith.
`
`
`
`Respectfully submitted,
`
`DANN, DORFMAN, HERRELL AND SKILLMAN, P.C.
`Attorneys for Opposer
`
`7; :5 075
`DA E
`
`
`
`TO #22,964)
`E L ESQ.
`R0 ER
`STEPHEN H. ELAND, ESQ., (PTO #41,010
`1601 Market Street, Suite 2400
`Philadelphia, PA 19103-2307
`Telephone: 215.563.4100
`Facsimile: 215.563.4044
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