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`
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`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFI\,__
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`TTAB
`
`
`
`Opposition No. 91 171694
`Serial No. 76/63 6,322
`
`)
`)
`
`) )
`
`)
`)
`)
`
`) )
`
`LEO PHARMA A/S
`Opposer,
`
`V.
`
`LEV PHARMACEUTICALS, INC.
`Applicant.
`
`CERTIFICATE OF MAILING
`
`I hereby certify that this correspondence is being
`deposited with the United States Postal Service as first
`class mail in an envelope addressed to Commissioner
`for Trademarks, PO BOX 1451, Alexandria, Virginia
`22313-1451 on:
`
`Ul
`
`Date:
`
`Signature: Name:
`
`
`
`'
`
`:3 V
`
`APPLICANT’S ANSWER, WITH COUNTERCLAIMS,
`TO AMENDED NOTICE OF OPPOSITION
`
`Applicant Lev Pharmaceuticals, Inc. (“Applicant”), a Delaware corporation
`
`having its principal place of business at 675 Third Avenue, Suite 2200, New York, NY 10017
`
`(formerly 122 East 42"‘! Street, Suite 2606, New York, NY 10168), by its attorneys Kramer
`
`Levin Naftalis & Frankel LLP, hereby answers the Amended Notice of Opposition (the
`
`“Notice”) filed by opposer LEO Pharma A/S (“Opposer”) against Application Serial No.
`
`76/636,322 for the mark LEV PHARMA as follows:
`
`1.
`
`2.
`
`Admitted.
`
`Applicant is without knowledge or information sufficient to form a belief
`
`as to the truth of the allegations contained in Paragraph 2 of the Notice and on that basis denies
`
`KL3 2666417.]
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`07-10-2008
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`
`
`
`'3‘.
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFI\,__
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`TTAB
`
`
`
`Opposition No. 91 171694
`Serial No. 76/63 6,322
`
`)
`)
`
`) )
`
`)
`)
`)
`
`) )
`
`LEO PHARMA A/S
`Opposer,
`
`V.
`
`LEV PHARMACEUTICALS, INC.
`Applicant.
`
`CERTIFICATE OF MAILING
`
`I hereby certify that this correspondence is being
`deposited with the United States Postal Service as first
`class mail in an envelope addressed to Commissioner
`for Trademarks, PO BOX 1451, Alexandria, Virginia
`22313-1451 on:
`
`Ul
`
`Date:
`
`Signature: Name:
`
`
`
`'
`
`:3 V
`
`APPLICANT’S ANSWER, WITH COUNTERCLAIMS,
`TO AMENDED NOTICE OF OPPOSITION
`
`Applicant Lev Pharmaceuticals, Inc. (“Applicant”), a Delaware corporation
`
`having its principal place of business at 675 Third Avenue, Suite 2200, New York, NY 10017
`
`(formerly 122 East 42"‘! Street, Suite 2606, New York, NY 10168), by its attorneys Kramer
`
`Levin Naftalis & Frankel LLP, hereby answers the Amended Notice of Opposition (the
`
`“Notice”) filed by opposer LEO Pharma A/S (“Opposer”) against Application Serial No.
`
`76/636,322 for the mark LEV PHARMA as follows:
`
`1.
`
`2.
`
`Admitted.
`
`Applicant is without knowledge or information sufficient to form a belief
`
`as to the truth of the allegations contained in Paragraph 2 of the Notice and on that basis denies
`
`KL3 2666417.]
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`mmmmmmmmmm
`
`07-10-2008
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`U 5 Patent
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`z. mar»:/rm M:-11 Rcpt
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`no,
`
`
`
`the same, with the sole exception that Applicant admits the copy of U.S. Reg. No. 1,777,615
`
`submitted with Opposer's Reply to Applicant's Response to Motion for Leave to Amend Notice
`
`of Opposition incorporates the following identification of goods: pharmaceutical preparations;
`
`namely, antibiotic, antibacterial, diuretic, antihypertensive, vitamin, mineral supplement,
`
`hormone, anti-inflarmnatory, analgesic, anticoagulant, anesthetic, and cytostatic agent
`
`preparations.
`
`3.
`
`Applicant is without knowledge or information sufficient to form a belief
`
`as to the truth of the allegations contained in Paragraph 3 of the Notice and on that basis denies
`
`the same, with the sole exception that Applicant admits the copy of U.S. Reg. No. 1,782,361
`
`submitted with Opposer's Reply to Applicant's Response to Motion for Leave to Amend Notice
`
`of Opposition incorporates the following identification of goods: pharmaceutical preparations;
`
`namely, antibiotic, antibacterial, diuretic, antihypertensive, vitamin, mineral supplement,
`
`hormone, anti-inflarnrnatory, analgesic, anticoagulant, anesthetic, and cytostatic agent
`
`preparations.
`
`4.
`
`Applicant is without knowledge or information sufficient to form a belief
`
`as to the truth of the allegations contained in Paragraph 4 of the Notice and on that basis denies
`
`the same.
`
`5.
`
`Denied, with the sole exception that Applicant admits it did not itself (as
`
`opposed to one or more of its predecessors in interest) use the mark identified in its registration
`
`application Serial No. 76/636,322 , “LEV PHARMA”, in connection with research and
`
`development of pharmaceutical products prior to the date of its incorporation on January 14,
`
`2005.
`
`KL3 26664l7.1
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`
`
`
`
`.,.42.‘._...L.,._.vi
`
`_ 1
`
`6.
`
`Applicant is without knowledge or information sufficient to form a belief
`
`as to the truth of the allegations contained in Paragraph 6 of the Notice and on that basis denies
`
`the same.
`
`7.
`
`Applicant is without knowledge or information sufficient to form a belief
`
`as to the truth of the allegations contained in Paragraph 7 of the Notice and on that basis denies
`
`the same.
`
`8.
`
`- Applicant is without knowledge or information sufficient to form a belief
`
`as to the truth of the allegations contained in Paragraph 8 of the Notice and on that basis denies
`
`the same.
`
`9.
`
`Denied, Opposer being referred to the official record of Application No.
`
`74/228,851 for its full and complete terms, which record speaks for itself.
`
`10.
`
`Denied, Opposer being referred to the official record of Application No.
`
`74/228,850 for its full and complete terms, which record speaks for itself.
`
`1 1.
`
`Denied.
`
`12.
`
`Applicant is without knowledge or information sufficient to form a belief
`
`as to the truth of the allegations contained in Paragraph 12 of the Notice and on that basis denies
`
`the same.
`
`13.
`
`Denied.
`
`14.
`
`Denied, with the sole exception that Applicant admits its adoption of the
`
`designation “LEV PHARMA” as a trademark is without license or permission of LEO because
`
`no such license or permission is necessary.
`
`15.
`
`Denied.
`
`16.
`
`Denied.
`
`KL3 2666417.]
`
`
`
`17.
`
`Denied.
`
`1 8.
`
`Denied.
`
`19.
`
`Denied.
`
`20.
`
`[This allegation is stricken pursuant to the Board’s Order dated June 6,
`
`2008 and, in any event, is denied.]
`
`21.
`
`Denied, Opposer being referred to the official record of Application No.
`
`76/636,322 for its full and complete terms, which record speaks for itself.
`
`22.
`
`Admitted.
`
`23.
`
`Admitted, with the proviso that the application papers were written by
`
`Kramer Levin Naftalis & Frankel LLP in consultation with Applicant. Insofar as replying to
`
`Opposer’s allegations would involve a waiver of the attomey-client privilege or the attorney
`
`work product immunity, Applicant declines to make such waiver and ratifies its reliance on such
`
`privilege and immunity.
`
`24. With the proviso that Applicant is not taking any substantive position as to
`
`whether its attorneys met their ethical obligations or gave competent advice as alleged by
`
`Opposer, this allegation is denied because it calls for an answer entailing conclusions of law, and
`
`an invasion of privileged communications between attorney and client. Insofar as replying to
`
`Opposer’s allegations would involve a waiver of the attomey-client privilege or the attorney
`
`work product immunity, Applicant declines to make such waiver and ratifies its reliance on such
`
`privilege and immunity.
`
`25.
`
`Denied.
`
`26.
`
`Denied.
`
`27.
`
`Denied.
`
`KL3 26664l7.l
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`
`
`
`
`
`
`28.
`
`Denied.
`
`29.
`
`Denied.
`
`30.
`
`Denied.
`
`AFFIRMATIVE DEFENSES
`
`31.
`
`Opposer has failed to state a claim upon which relief can be granted.
`
`32.
`
`Opposer is guilty of unclean hands.
`
`COUNTERCLAIM FOR
`
`CANCELLATION OF U.S. REG. NO. 1,777,615
`
`Counterclaimant Lev Pharmacueticals, Inc., herein referred to as “Applicant”,
`
`hereby petitions for cancellation of U.S. Registration No. 1,777,615 on the following grounds:
`
`GROUND I:
`
`FRAUD
`
`33.
`
`Upon information and belief, LEO Pharma A/S, herein referred to as
`
`“Opposer”, is guilty of fraud on the U.S. Patent and Trademark Office with respect to its pleaded
`
`U.S. Registration No. 1,777,615 for the mark LEO (the LEO Registration), which, on
`
`information and belief, is invalid because at the time that a Combined Declaration of Use in
`
`Commerce and Application for Renewal of Registration of Mark Under Sections 8 & 9 was
`
`executed and filed in support of the LEO registration, the mark covered by the LEO Registration
`
`was not then in use in commerce in the United States on or in connection with all of the goods
`
`recited in the LEO Registration.
`
`34.
`
`Upon information and belief, the LEO Registration incorporates the
`
`following identification of goods: pharmaceutical preparations; namely, antibiotic, antibacterial,
`
`diuretic, antihypertensive, vitamin, mineral supplement, hormone, anti-inflammatory, analgesic,
`
`anticoagulant, anesthetic, and cytostatic agent preparations.
`
`KL3 2666-417.1
`
`, 5
`
`
`
`
`
`35.
`
`Upon information and belief, on June 18, 2003, Ernst Lunding, President,
`
`CEO of LEO Pharma A/S, signed a Combined Declaration of Use in Commerce and Application
`
`for Renewal of Registration of Mark Under Sections 8 & 9 in support of the LEO Registration
`
`(the “LEO Combined Declaration”). A copy of the LEO Combined Declaration as posted on the
`
`Trademark Document Retrieval portal of the United States Patent and Trademark Office website
`
`(www.uspto.gov) is attached as Exhibit A.
`
`36.
`
`The LEO Combined Declaration states that “The Owner, and through its
`
`predecessor in interest, is using the mark in commerce on or in connection with all goods listed
`
`in the existing registration”
`
`37.
`
`The LEO Combined Declaration states that “The Owner, and through its
`
`predecessor in interest, is using the mark in commerce on or in connection with the goods
`
`identified in the Certificate of Registration, unless modified above, as evidenced by the attached
`
`specimen showing the mark as currently used in commerce.”
`
`38.
`
`There were no modifications noted in the LEO Combined Declaration,
`
`thereby confirming Owner’s representation that it was using the mark covered by the LEO
`
`Registration on or in connection with all goods identified in the LEO Registration.
`
`39.
`
`Roger W. Herrell and the law firm of Dann, Dorfman, Herrell & Skillman,
`
`P.C. were appointed as attorneys in the Power of Attorney for Opposer in the LEO Combined
`
`Declaration.
`
`40.
`
`Upon information and belief, Roger W. Herrell was an officer of Opposer
`
`at the time that the LEO Combined Declaration was signed and filed.
`
`41.
`
`Upon information and belief, Dann, Dorfman, Herrell & Skillman, P.C.
`
`provided advice to Opposer in connection with the LEO Combined Declaration.
`
`KL3 2666417,]
`
`
`
`42.
`
`Upon information and belief, on June 18, 2003 Opposer was not using the
`
`mark LEO, which is the subject of U.S. Reg. No. 1,777,615, in commerce (as that term is defined
`
`in 15 U.S.C. § 1127) in the United States on certain of the goods listed in U.S. Reg. No.
`
`1,777,615, such as (at least) analgesic preparations and anesthetic preparations.
`
`43.
`
`Upon information and belief, on June 23, 2003 Opposer was not using the
`
`mark LEO, which is the subject of U.S. Reg. No. 1,777,615, in commerce (as that term is defined
`
`in 15 U.S.C. § 1127) in the United States on certain of the goods listed in U.S. Reg. No.
`
`1,777,615, such as (at least) analgesic preparations and anesthetic preparations.
`
`44.
`
`Upon information and belief, Dann, Dorfman, Herrell & Skillman, P.C.
`
`filed, on behalf of Opposer, the LEO Combined Declaration with the United States Patent and
`
`Trademark Office on June 23, 2003.
`
`45.
`
`Upon information and belief, Opposer knew or should have known at the
`
`time of executing and filing the LEO Combined Declaration that the registered mark was not in
`
`use in commerce on all of the goods identified in the above-mentioned registration, and
`
`accordingly that the statement that the registered mark was in use with all such goods was false.
`
`46.
`
`Upon information and belief, Opposer’s false statement as described in the
`
`allegations of Paragraphs 36-45 constitutes a material misrepresentation of fact.
`
`47.
`
`As set forth in the above allegations, Opposer committed fraud with
`
`respect to U.S. Reg. No. 1,777,615.
`
`48.
`
`Applicant is damaged by the LEO Registration’s assertion against it in
`
`these proceedings.
`
`49.
`
`Accordingly, the LEO Registration should be cancelled.
`
`KL3 2666417.]
`
`
`
`GROUND II:
`
`ABANDONMENT
`
`50.
`
`Applicant repeats and realleges the allegations of the foregoing paragraphs
`
`and incorporates the same by reference as though fully restated herein.
`
`51.
`
`Upon information and belief, Opposer has never used or has discontinued
`
`use of the mark LEO, which is the subject of U.S. Reg. No. 1,777,615, in commerce (as that tenn
`
`is defined by 15 U.S.C. § 1127) in the United States on certain of the goods listed in U.S. Reg.
`
`No. 1,777,615, such as (at least) analgesic preparations and anesthetic preparations.
`
`52.
`
`Upon information and belief, Opposer’s omission to use, or
`
`discontinuance of use of, the mark LEO which is the subject of U.S. Reg. No. 1,777,615, as
`
`referred to in the preceding paragraph has been with intent not to make or resume such use (as
`
`can be inferred from the surrounding circumstances) and constitutes an abandonment of such
`
`mark and the registration directed thereto.
`
`53.
`
`Applicant is damaged by the LEO Registration’s assertion against it in
`
`these proceedings.
`
`54.
`
`Accordingly, the LEO Registration should be cancelled.
`
`COUNTERCLAIM FOR
`
`CANCELLATION OF U.S. REG. NO. 1,782,361
`
`Counterclaimant Lev Pharrnacueticals, Inc., herein referred to as “Applicant”,
`
`hereby petitions for cancellation of U.S. Registration No. 1,782,361 on the following grounds:
`
`GROUND I:
`FRAUD
`
`55.
`
`Upon information and belief, LEO Pharma A/S, herein referred to as
`
`“Opposer”, is guilty of fraud on the U.S. Patent and Trademark Office with respect to its pleaded
`
`§
`‘
`
`KL3 2666417.]
`
`.
`
`3
`
`---a
`
`
`
`U.S. Registration No. 1,782,361 for the mark LEO and Design (the LEO and Design
`
`Registration), which, on information and belief, is invalid because at the time that a Combined
`
`Declaration of Use in Commerce and Application for Renewal of Registration of Mark Under
`
`Sections 8 & 9 was executed and filed in support of the LEO and Design Registration, the
`
`relevant mark was not then in use in commerce in the United States on or in connection with all
`
`of the goods recited in LEO and Design Registration.
`
`56.
`
`Upon information and belief, the LEO and Design Registration
`
`incorporates the following identification of goods: pharmaceutical preparations; namely,
`
`antibiotic, antibacterial, diuretic, antihypertensive, vitamin, mineral supplement, hormone, anti-
`
`inflammatory, analgesic, anticoagulant, anesthetic, and cytostatic agent preparations.
`
`57.
`
`Upon information and belief, on June 18, 2003, Ernst Lunding, President,
`
`CEO of LEO Pharma A/S, signed a Combined Declaration of Use in Commerce and Application
`
`for Renewal of Registration of Mark Under Sections 8 & 9 in support of the LEO and Design
`
`Registration (the “LEO and Design Combined Declaration”). A copy of the LEO and Design
`
`Combined Declaration as posted on the Trademark Document Retrieval portal of the United
`
`States Patent and Trademark Office website (www.uspto.gov) is attached as Exhibit B.
`
`58.
`
`The LEO and Design Combined Declaration states that “The Owner, and
`
`through its predecessor in interest, is using the mark in commerce on or in connection with all
`
`goods listed in the existing registration.”
`
`59.
`
`The LEO and Design Combined Declaration states that “The Owner, and
`
`through its predecessor in interest, is using the mark in commerce on or in connection with the
`
`goods identified in the Certificate of Registration, unless modified above, as evidenced by the
`
`attached specimen showing the mark as currently used in commerce.”
`
`KL3 2666417.]
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`._._r.._‘-'='I‘A
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`
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`
`
`
`60.
`
`There were no modifications noted in the LEO and Design Combined
`
`Declaration, thereby confirming Owner’s representation that it was using the mark identified in
`
`the LEO and Design Registration with all goods identified in the LEO and Design Registration.
`
`61.
`
`Roger W. Herrell and the law firm of Dann, Dorfman, Herrell & Skillman,
`
`P.C. were identified as attorneys in the Power of Attorney for Registrant in the LEO and Design
`
`Combined Declaration.
`
`62.
`
`Upon information and belief, Roger W. Herrell was an officer of Opposer
`
`at the time that the LEO and Design Combined Declaration was signed and filed.
`
`63.
`
`Upon information and belief, Dann, Dorfman, Herrell & Skillman, P.C.
`
`provided advice to Opposer in connection with the LEO and Design Combined Declaration.
`
`64.
`Upon information and belief, on June 18, 2003 Opposer was not using the
`mark LEO and Design, which is the subject of U.S. Reg. No. 1,782,361, in commerce (as that
`term is defined in 15 U.S.C. § 1127) in the United States on certain of the goods listed in U.S.
`
`Reg. No. 1,777,615, such as (at least) analgesic preparations and anesthetic preparations.
`
`65.
`
`Upon information and belief, on June 23, 2003 Opposer was not using the
`
`mark LEO and Design, which is the subject of U.S. Reg. No. 1,782,361, in commerce (as that
`
`term is defined in 15 U.S.C. § 1127) in the United States on certain of the goods listed in U.S.
`
`Reg. No. 1,777,615, such as (at least) analgesic preparations and anesthetic preparations.
`
`66.
`
`Upon information and belief, Dann, Dorfman, Herrell & Skillman, P.C.
`
`filed, on behalf of Opposer, the LEO and Design Combined Declaration with the United States
`
`Patent and Trademark Office on June 23, 2003.
`
`67.
`
`Upon information and belief, Opposer knew or should have known at the
`
`time of executing and filing the LEO and Design Combined Declaration that the registered mark
`
`KL3 2666417.]
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`10
`
`
`
`
`
`was not in use in commerce on all of the goods identified in the above-mentioned registration,
`
`and accordingly that the statement that the registered mark was in use with all such goods was
`
`false.
`
`68.
`
`Upon information and belief, Opposer’s false statement as described in the
`
`allegations of Paragraphs 58-67 constitutes a material misrepresentation of fact.
`
`69.
`
`. As set forth in the above allegations, Opposer committed fraud with
`
`respect to U.S. Reg. No. 1,782,361.
`
`70.
`
`Applicant is damaged by the LEO and Design Registration’s assertion
`
`against it in these proceedings.
`
`71.
`
`Accordingly, the LEO and Design Registration should be cancelled.
`
`GROUND II:
`
`ABANDONMENT
`
`72.
`
`Applicant repeats and realleges the allegations of the foregoing paragraphs
`
`and incorporates the same by reference as though fully restated herein.
`
`73.
`
`Upon information and belief, Opposer has never used or has discontinued
`
`use of the mark LEO and Design, which is the subject of U.S. Reg. No. 1,782,361, in commerce
`
`(as that term is defined in 15 U.S.C. § 1127) in the United States on certain of the goods listed in
`
`U.S. Reg. No. 1,777,615, such as (at least) analgesic preparations and anesthetic preparations.
`
`74.
`
`Upon information and belief, Opposer’s omission to use, or
`
`discontinuance of use of, the mark LEO and Design which is the subject of U.S. Reg. No.
`
`1,777,615, as referred to in the preceding paragraph has been with intent not to make or resume
`
`such use (as can be inferred from the surrounding circumstances) and constitutes an
`
`abandonment of such mark and the registration directed thereto.
`
`KL3 2666417.]
`
`11
`
`
`
`75.
`
`Applicant is damaged by the LEO and Design Registration’s assertion
`
`against it in these proceedings.
`
`76.
`
`Accordingly, the LEO and Design Registration should be cancelled.
`
`WHEREFORE, Applicant respectfully requests that: (a) the present opposition to
`
`the registration of Application Serial No. 76/636,322 be dismissed and that this application be
`
`allowed to proceed to registration; (b) U.S. Reg. No. 1,777,615 be cancelled; (c) U.S. Reg. No.
`
`1,782,361 be cancelled; and (d) such other relief as is just be granted.
`
`Dated: New York, NY
`
`July 7, 2008
`
`Respectfully submitted,
`
`By:
`
`rica D.
`
`1
`
`KRAMER LEVIN NAFTALIS &
`
`FRANKEL LLP
`1177 Avenue of the Americas
`
`New York, NY 10036
`Tel: (212) 715-9205
`Fax: (212)715-8000
`Email: KLTrademark@kramerleVin.com
`
`Attorneys for Applicant
`Lev Pharmaceuticals, Inc.
`
`KL3 26664l7.l
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`-2»:5
`fl
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`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on July 7, 2008, a true and correct copy of the foregoing
`
`APPLICANT’S ANSWER, WITH COUNTERCLAIMS, TO AMENDED NOTICE OF
`
`OPPOSITION was served upon counsel for Opposer by depositing a copy thereof in the U.S.
`
`Mail, postage prepaid and addressed as follows:
`
`Stephen H. Eland, Esq.
`Dann,-Dorfman, Herrell & Skillman
`1601 Market Street, Suite 2400
`Philadelphia, PA 19103-2307
`
`Dated: July 7, 2008
`
`rica
`
`KL3 26664l7.1
`
`
`
`
`
`Opposition No. 91 171694
`Filed by LEO Pharma A/S
`Against U.S. Application Serial No. 76/636,322
`For LEV PHARMA
`
`Filed by Lev Pharmaceuticals, Inc.
`
`EXHIBIT A
`
`KL3 2646357.]
`
`
`
`
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`IN THE UNITED STATES PATENT mm TRADHEARK orncs
`conuzamsb DECLARATION or USE IN‘ commancn mm
`APPLICATION’ 1-‘on RENEWAL or REGISTRATION or man
`umszn sscwxons 8&9
`
`To the Assistant Commissioner for Trademarks:
`
`Mark 3
`Registration No:
`Registration Date:
`International Class:
`Owner's Name:
`Owner's Address:
`»
`
`"
`
`LEO
`1777615
`06/22/1993
`005
`LEO Pharma A/S
`Industriparken 55
`DK—2'75O Ballerup
`DENMARK
`
`(as evidenced by the attached Change of
`Owner, LEO Pharma A/S,
`Name document, Assignment Recordation Cover Sheet and Designation
`of Domestic Representative, all of which were filed with the U.S.
`Patent and Trademark Office on 09/11/2002).
`
`Goods and/or Services Information:
`is using the
`The Owner, and through its predecessor in interest,
`mark in commerce on or in connection with all goods listed in the
`existing registration.
`
`Section 8:‘ Declaration of Use in comerce
`is using the
`The Owner, and through its predecessor in interest,
`mark in comerce on or in connection with the goods identified in
`the Certificate of Registration, unless modified above, as
`evidenced by the attached specimen showing the mark as currently
`used in comerce.
`
`Section 9: Application for Renewal
`The Registrant requests that the registration be renewed for the
`goods as listed in the Certificate of Registration, unless
`modi fied above .
`
`packaging
`Specimen Attached:
`$500.00 x 1 class = $500.00
`Total Pee Paid:
`A check in the amount of $500.00 is enclosed to cover the filing
`fee.
`If there is any inaccuracy in this fee computation, please
`charge any additional fee or credit any overpayment to the Patent
`and Trademark.Office Deposit Account of the undersigned
`attorneys, Account No. O4—1406.
`A duplicate copy of this
`document is enclosed.
`
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`06-23-2003
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`COMINED DECLARATION or USEI
`APPLICATION son RENEWAL 0? REGISTRATION
`UNDER SECTIONS 8&9 —
`u LE0 II
`
`-
`
`Page 2
`
`The undersigned hereby appoints DAN“:
`POWER OF ATTORNEY:
`nonrmau; EERRELL AND SKILLMAN, a Professional Corporation of
`Philadelphia, Pennsylvania. and the individual listed below, its‘
`attorneys.
`to prosecute this application for renewal of
`registration with full power of substitution and revocation
`therewith, and to sign papers and statements on behalf of the
`undersigned, and to receive the certificate:
`ROGER W. HERRELL,
`PTO Registration No. 22,964.
`x
`
`The undersigned, being hereby warned that
`SIGNAEURE INFORMATION:
`willful false statements and the like so made are punishable by
`fine or imprisonment, or both, under 18 U.S.C. §lO0l, and that
`such willful false statements may jeopardize the validity of the
`renewal application, declares that he is properly authorized to
`execute this renewal application on behalf of the registrant; he
`believes the registrant to be the owner of the trademark sought
`to be renewed;
`to the best of his knowledge and belief, no other
`person,
`firm, corporation, or association has the right to use
`the mark in commerce, either in identical form thereof or in such
`near resemblance thereto as to be likely, when used on or in
`connection with the goods/services of such other person,
`to cause
`confusion, or to cause mistake, or to deceive; and that all
`statements made of his own knowledge a
`d all statements
`
`made on information and belief are bel'
`
`Signature:
`
`Date Signed:
`
`-
`
`Name:
`
`18 June 2003
`
`Ern
`
`Title:
`
`President, CEO
`
`CONTACT INFORMATION
`
`Name:
`
`Company/Firm Name:‘
`
`Street:
`City:
`State:
`Zip/Postal Code:
`Telephone Number:
`Facsimile Number:
`E~Mail Address:
`
`Roger W. Herrell, Esq.
`
`Dann, Dorfman, Herrell
`& Skillman, P.C.
`1601 Market Street, Suite 2400
`Philadelphia
`Pennsylvania
`19103-2307
`215.563.4100
`215.563.4044
`rherrell@ddhs.com
`
`;
`
`1
`
`
`
`
`
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`3'
`
`COMBINED _DECI:ARA'J.‘ION 0:? USE/
`APPLICATION 1-on RENEWAL or REGISTRATION
`manna SECTIONS 8829 ~
`
`"LEO"
`
`Nf-6IU/
`
`Dr
`
`0/U
`
`Page 3
`
`CERTIFICA$E OF MAILING:
`I certify that the foregoing is being deposited with the United
`States Postal Service as First Class Mail, postage prepaid,
`in an
`envelope addressed to the Assistant Commissioner for Trademarks,
`2900 Crystal Drive, Arlington, VA
`22202—3513, on:
`U] EH03
`
`K
`
`Schlagle
`
`
`
`
`
`DATE OF DEPOSIT:
`
`SIGNATURE:
`NEME:
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`conmmsn DECLARATION or USE IN comaracr mm
`A2:_=:.1cA-1-ion FOR RENEWAL or REGISTRATION or mum
`UNDER sac’:-zrons 8&9
`
`‘
`
`...1h.=a:‘.:‘.<:
`
`To the Assistant Comissioner for Trademarks:
`
`Mark:
`
`‘
`
`LEO
`
`Registration No:
`Registration Date:
`International Class:
`Owner's Name:
`Owner's Address:
`
`1771615
`06/22/1993
`005
`LEO Pharma A/S
`
`Industriparken 55
`DK—27S0 Ballerup
`DENMARK
`
`(as evidenced by the attached Change of
`Owner, LEO Pharma A/g,
`Name document, Assignment Recordation Cover Sheet and Designation
`of Domestic_Representative, all of which were filed with the U.S.
`Patent and Trademark Office on 09/11/2002).
`
`,
`Goods and/or services Information:
`is using the
`The Owner, and through its predecessor in interest,
`mark in commerce_on or in connection with all goods listed in the
`existing registration.
`
`Section 8:‘ Declaration of Use in Commerce
`The Owner, and through its predecessor in interest, is using the
`mark in comerce on or in connection with the goods identified in
`the Certificate of Registration, unless modified above, as
`evidenced by the attached specimen showing the mark as Currently
`used in comerce.
`
`Section 9: Application for Renewal
`The Registrant requests that the registration be renewed for the
`goods as listed in the Certificate of Registration, unless
`modified above.
`
`Specimen Attached:
`
`gackaging
`
`$500.00 x 1 class = $500.00
`Total Fee Paid:
`A check in the amount of $500.00 is enclosed to cover the filing
`fee._ If there is any inaccuracy in this fee computation, please
`charge any additional.fee or credit any overpayment to the Patent
`and Trademark office Deposit Account of the undersigned
`attorneys, Account No. 04—1406.
`A duplicate copy of this
`document is enclosed.
`
`
`
`LUUQ €\)'5l
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`
`COMBINED DECLARATION or USE/
`mrpnzcamiou son RENEWAL or REGISTRATION
`UNDER SECTIONS 8&9 -
`"LEO"
`
`‘
`
`Page 2
`
`The undersigned hereby appoints DAN,
`POWER OF AETORNEY:
`DORFMAN, HERRELL AND SKILLMAN, a Professional Corporation of
`fhiladelphia, Pennsylvania, and the individual listed below, its
`attorneys,
`to prosecute this application for renewal of
`registration with full power of substitution and revocation
`therewith, and to sign papers and statements on behalf of the
`undersigned, and to receive the certificate:
`ROGER W. HERRELL,
`PTO Registration No. 22,964.
`
`
`
`The undersigned, being hereby warned that
`SIGNATURE INFORMATION:
`willful false statements and the like so made are punishable by
`fine or.imprisonment, or both, under 18 U.S.C. §lO0l, and that
`such willful false statements may jeopardize the validity of the
`renewal application, declares that he is properly authorized to
`execute this renewal application on behalf of the registrant; he
`believes the registrant to be the owner of the trademark sought
`to be renewed;
`to the best of his knowledge and belief, no other
`person,
`firm, corporation, or association has the right to use
`the mark in commerce, either in identical form thereof or in such
`near resemblance thereto as to be likely, when used on or in
`connection with the goods/services of such other person,
`to cause
`confusion, or to cause mistake, or to deceive; and that all
`statements made of his own knowledge a
`d all statements
`made on information and belief are bel’
` Signature:
`Date Signed:
`18 June 200d
`Nama:
`Ernst Lnnding
`Title:
`President, CEO
`
`V
`
`CONTACT Inronmimxou
`
`Name:'
`Company/Firm Name:
`
`Street:
`City:
`State:
`Zip/Postal Code:
`Telephone Number:
`Facsimile Number:
`E-Mail Address:
`
`Roger W. Herrell, Esq.
`Dann, Dorfman, Herrell
`& skillman. P.c.
`1601 Market Street, Suite 2400
`Philadelphia
`Pennsylvania
`l9103+2307
`215.563.4100
`215.563.4044
`rherrell@ddhs.com
`
`
`
`a
`1
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`
`
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`:g
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`
`COMINED DECLARATION 09 USEI
`APPLICATION FOR RENEWAL or REGISTRATION
`Page 3
`UNDER SECTIONS 8&9 ~
`
`“LEO” '
`
`CERTIFICATE OF MAILING:
`I certify that the foregoing is being deposited with the United
`States Postal Service as First Class Mail, postage prepaid,
`in an
`envelope addressed to the Assistant Commissioner for Trademarks,
`2900 Crystal Drive, Arlington, VA
`22202-3513, on:
`
`DATE OF DEPOSIT:
`
`sxsunmufiss
`NAME:
`
`\0|‘El’D E
`
`Schlagle
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`umgpoa ugmdezugz)
`
`
`@“
`
`
`€‘.'-}*Z?€Z“€99i7S
`
`OQN
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`ii,,.‘f:‘A
`L E 0
`
`Leo Pharmaceuticai
`Products
`E'Z:.ai3eu2;.>. Oemnark
`
`
`
`.5 : mi
`V n memt)'$:s%3%z<:
`'”0?i.§E1§§9T€L"!.§°}é.§M¥%§§ C???‘ W
`19.M1~ UEJY §?53?f$E..V£,
`
`
`
`Opposition No. 91 171694
`Filed by LEO Pharma A/S
`Against U.S. Application Serial No. 76/636,322
`For LEV PHARMA
`
`Filed by Lev Pharmaceuticals, Inc.
`
`EXHIBIT B
`
`KL3 2646357.]
`
`
`
`1
`
`IN THE UNITED STATES PATENT AND '1'R.ADEnmm< OFFICE
`COMBINED DECLARATION or USE IN comasncs AND
`APPLICATION FOR RENEWAL or REGISTRATION or MARK
`UNDER SECTIONS 8&9
`
`To the Assistant Commissioner for Trademarks:
`
`Mark:
`Registration No:
`Registration Date:
`International Class:
`owner's Name:
`
`Owner's Address:
`
`LEO and Design
`1782361
`07/20/1993
`005
`LEO Pharma A/S
`
`Industriparken 55
`DK-2750 Ballerup
`DENMARK
`
`(as evidenced by the attached Change of
`Owner, LEO Pharma A/S,
`Name document, Assignment Recordation Cover Sheet and Designation
`of Domestic Representative, all of which were filed with the U.S.
`Patent and Trademark Office on 09/11/2002).
`
`I
`
`,
`Goods and/or services Information:
`is using the
`The Owner, and through its predecessor in interest,
`mark in comerce on or in connection with all goods listed in the
`existing registration.
`
`section 8: Declaration of Use in comerce
`
`The Owner. and through its predecessor in interest, is using the
`mark in commerce on or in connection with the goods identified in
`the Certificate of Registration, unless modified above, as
`evidenced by the attached specimen showing the mark as currently
`used in comerce.
`
`section 9: Application for Renewal
`The Registrant requests that the registration be renewed for the
`goods as listed in the Certificate of Registration, unless
`modified above.
`
`Specimen Attached:
`
`packaging
`
`$500.00 x 1 class = $500.00
`Total Fee Paid:
`A check in the amount of $500.00 is enclosed to cover the filing
`fee.
`If there is any inaccuracy in this fee computation, please
`charge any additional fee or credit any overpayment
`to the Patent
`and Trademark Office Deposit Account of the undersigned
`attorneys, Account No. 04-1406.
`A duplicate copy of this
`document is enclosed.
`
`Illllllllillllllllllllllllllllllilllllllilfllllll
`
`06-23-2003
`U... PIN!!! TMOVGITM MIJI Kw! DI. N4
`
`' ‘
`
`V
`;
`
`;
`
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`
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`1
`0
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`__
`
`
`
`
`
`COMBINED DECLARATION OF USE/
`APPLICATION FOR RENEWAL OF REGISTRATION
`UNDER SECTIONS 8&9 -
`
`"LEO and Desigg"
`
`'
`
`Page 2
`
`The undersigned hereby appoints DANN,
`POWER OF ATTORNEY:
`DORFMAN, HERRELL AND SKILLMHN, a Professional Corporation of
`Philadelphia, Pennsylvania, and the individual listed below, its
`attorneys,
`to prosecute this application for renewal of
`registration with full power of substitution and revocation
`therewith, and to sign papers and statements on behalf of the
`undersigned, and to receive the certificate:
`ROGER W. HERRELL,
`PTO Registration No. 22,964.
`
`The undersigned, being hereby warned that
`SIGNATURE INFORMATION:
`willful false statements and the like so made are punishable by
`fine or imprisonment, or both, under 18 U.S.C. §l0O1, and that
`such willful false statements may jeopardize the validity of the
`renewal application, declares that he is properly authorized to
`execute this renewal application on behalf of the registrant; he
`
`firm, corporation, or association has the right to use
`person,
`the mark in commerce, either in identical form thereof or in such
`near resemblance thereto as to be likely, when used on or in
`connection with the goods/services of such other person,
`to cause
`confusion, or to cause mistake, or to deceive; and that all
`statements made of his own knowledge are, rue a. all statements
`
`made on information and belief are beli:
` Signature:
`
`Nama:
`
`Title,
`
`CONTACT INFORMATION
`
`Name:
`Company/Firm Name:
`
`’
`
`Street:
`City;
`State:
`Zip/Postal Code:
`Telephone Number:
`Facsimile Number:
`E—Mail Address:
`
`
`
`Ernst Lunding
`
`President, CEO
`
`Roger W. Herrell, Esq.
`Dann, Dorfman, Herrell
`& Skillman, P.C.
`1601 Market Street, Suite 2400
`Philadelphia
`Pennsylvania
`19103-2307
`215.563.4100
`215.563.4044
`rherre11@ddhs.com
`
`
`
`
`
`I0-v'U|l|
`o
`
`LUUO ll-LO
`
`w+u-44u41uou
`
`Nr~d/30
`
`5- 0/0
`
`comnznzn DECLARATION or 'USE/
`APPLICATION FOR RENEWAL or REGISTRATION
`UNDER SECTIONS 8&9 —
`“LEO and Desigg“
`
`Page 3
`
`CERTIFICATE OF MAILING:
`I certify that the foregoing is being deposited with.the United
`States Postal Service as First Class Mail, postage prepaid,
`in an
`envelope addressed to the Assistant Commissioner for Trademarks.
`2900 Crystal Drive, Arlington, VA 22202-3513, on:
`5’ 2 <2 2g:f—3
`NAME:
`
`DATE OF DEPOSIT:
`
`SIGNATURE:
`
`»
`
`n
`
`K“
`
`
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`COMBINED DECLARATION OF USE IN COMMERCE AND
`APPLICATION FOR RENEWAL OF REGISTRATION OF MARK
`UNDER SECTIONS 8&9
`
`To the Assistant
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