Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA91591
`ESTTA Tracking number:
`07/25/2006
`
`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
`
`Bayer Consumer Care, LLC
`07/26/2006
`
`36 Columbia Road
`Morristown, NJ 07962
`UNITED STATES
`
`Attorney
`information
`
`Chelseaa E. Larsen
`Heller Ehrman LLP
`333 Bush Street
`San Francisco, CA 94104
`UNITED STATES
`sf-trademark@hellerehrman.com Phone:415-772-6000
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`78629703
`07/25/2006
`
`Publication date
`Opposition
`Period Ends
`
`03/28/2006
`07/26/2006
`
`ZOOROB, GEORGE K
`1111 E FILLMORE ST
`COLORADO SPRINGS, CO 80907
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 005.
`All goods and sevices in the class are opposed, namely: DIETARY SUPPLEMENTS, NAMELY,
`VITAMINS, MINERALS, HERBAL AND NUTRITIONAL SUPPLEMENTS IN SOLID, LIQUID, AND
`POWDER FORMS, AND ANALGESIC PREPARATION
`
`Attachments
`
`Docum001.PDF ( 4 pages )(24802 bytes )
`
`Signature
`Name
`Date
`
`/ChelseaaLarsen/
`Chelseaa E. Larsen
`07/25/2006
`
`
`ESTTA91591
`ESTTA Tracking number:
`07/25/2006
`
`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
`
`Bayer Consumer Care, LLC
`07/26/2006
`
`36 Columbia Road
`Morristown, NJ 07962
`UNITED STATES
`
`Attorney
`information
`
`Chelseaa E. Larsen
`Heller Ehrman LLP
`333 Bush Street
`San Francisco, CA 94104
`UNITED STATES
`sf-trademark@hellerehrman.com Phone:415-772-6000
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`78629703
`07/25/2006
`
`Publication date
`Opposition
`Period Ends
`
`03/28/2006
`07/26/2006
`
`ZOOROB, GEORGE K
`1111 E FILLMORE ST
`COLORADO SPRINGS, CO 80907
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 005.
`All goods and sevices in the class are opposed, namely: DIETARY SUPPLEMENTS, NAMELY,
`VITAMINS, MINERALS, HERBAL AND NUTRITIONAL SUPPLEMENTS IN SOLID, LIQUID, AND
`POWDER FORMS, AND ANALGESIC PREPARATION
`
`Attachments
`
`Docum001.PDF ( 4 pages )(24802 bytes )
`
`Signature
`Name
`Date
`
`/ChelseaaLarsen/
`Chelseaa E. Larsen
`07/25/2006
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Ap lication Serial No. 78/629,703
`Published in the O zcial Gazette on March 28, 2006
`Trademark: RES REVE
`
` Bayer Consumer Care LLC,
`
`
`
`Opposer
`
`V.
`
`George K. Zoorob,
`
`
` 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 RESPREVE shown in Serial No.
`
`78/629,703 in lntemational Class 5 and hereby opposes the same.
`
`As grounds for opposition, Opposer alleges:
`
`1.
`
`Opposer has obtained the necessary extensions of time in which to oppose
`
`the challenged trademark following publication on March 28, 2006 in the Ofiicial
`
`Gazette.
`
`2.
`
`George K. Zoorob (“Applicant”), has an application to register the mark
`
`RESPREVE for “dietary supplements, namely, Vitamins, minerals, herbal and nutritional
`
`supplements in solid, liquid, and powder forms, and analgesic preparation” in
`
`
`
`International Class 5, as evidenced by the publication of such mark in the Official Gazette
`
`on March 28, 2006.
`
`3.
`
`Applicant is, upon information and belief, an individual, having an address
`
`at 1111 E Fillmore Street, Colorado Springs, CO 80907.
`
`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 RESPREVE on its goods prior to October 5, 2005, as evidenced by the
`
`current intent—to—use application filed on May 13, 2005. The date of registration and use
`
`of the ALEVE mark is thus well before the filing date of Applicant’s RESPREVE
`
`application, and Opposer’s ALEVE mark therefore has priority over Applicant’s
`
`RESPREVE 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,
`
`RESPREVE, 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 RESPREVE 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 likely to cause confusion, to cause mistake or to deceive within the
`
`meaning of 15 U.S.C. § l052(d).
`
`10.
`
`If Applicant is permitted to use and register the RESPREVE 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 RESPREVE goods as goods offered and sold by
`
`Opposer. Furthermore, any defect, objection, or fault found with Applicant’s goods
`
`marketed under its RESPREVE 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 Applicant’s current intent-to-use application for RESPREVE.
`
`
`
`12.
`
`The trademark proposed for registration by Applicant, namely,
`
`RESPREVE, 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.
`
`WHEREFORE, Opposer prays that the opposition be sustained and that the
`
`application be refused for registration.
`
`Respectfully submitted,
`HELLER EHRMAN LLP
`
`Dated: July 25, 2006
`
`By:
`
`man
`.
`Bet
`Chelseaa E. Larsen
`Attorneys for Bayer Consumer Care LLC
`333 Bush Street
`San Francisco, CA 94104
`415-772-6000
`
`Please refer to Our File No.: 24172-0055
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