`ESTTA99302
`ESTTA Tracking number:
`09/14/2006
`
`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
`Entity
`Address
`
`Bayer Consumer Care LLC
`Limited Liability Company
`36 Columbia Road
`Morristown, NJ 07962
`UNITED STATES
`
`Citizenship
`
`Delaware
`
`Attorney
`information
`
`Chelseaa 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
`
`78784309
`09/14/2006
`
`Publication date
`Opposition
`Period Ends
`
`08/22/2006
`09/21/2006
`
`Zoorob, George K
`1111 East Fillmore
`Colorado Springs, CO 80907
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 005. First Use: 2002/02/14 First Use In Commerce: 2003/12/02
`All goods and sevices in the class are opposed, namely: Dietary Supplement-Vitamins
`
`Attachments
`
`Scan001.PDF ( 4 pages )(106544 bytes )
`
`Signature
`Name
`Date
`
`/ChelseaaLarsen/
`Chelseaa Larsen
`09/14/2006
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Ap lication Serial No. 78/784,309
`
`Published in the Q/ficial Gazette on August 22, 2006
`
`Trademark: ES OLEVE
`
` 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 ESTROLEVE shown in Serial No.
`
`78/784,309 in International Class 5 and hereby opposes the same.
`
`As grounds for opposition, Opposer alleges:
`
`1.
`
`George K. Zoorob (“Applicant”), has an application to register the mark
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`ESTROLEVE for “dietary supplement-vitamins” in International Class 5, as evidenced by
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`the publication of such mark in the Official Gazette on August 22, 2006.
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`2.
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`Applicant is, upon information and belief, an individual, having an address
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`at 1111 E Fillmore Street, Colorado Springs, CO 80907.
`
`
`
`3.
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`Opposer has, since at least as early as April 25, 1988, used the mark
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`ALEVE in connection with pharmaceuticalpreparations. Opposer is the owner of, among
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`others, an incontestable registration for the trademark ALEVE (United States Registration
`
`No. 1,536,042, registered April 25, 1989) for “anti-inflammatory, analgesic, and
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`antipyretic pharmaceutical preparations” in Class 5.
`
`4.
`
`There is no issue as to priority. Upon information and belief, Applicant has
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`not used the mark ESTROLEVE on its goods prior to February 14, 2002, as is evidenced
`
`by Applicant’s alleged date of first use in the Application. The date of registration and
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`use of the ALEVE mark is thus well before the alleged date of first use and application
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`for Applicant’s ESTROLEVE mark, and Opposer’s ALEVE mark therefore has priority
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`over Applicant’s ESTROLEVE application.
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`5.
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`Opposer has sold its goods under the mark ALEVE throughout the United
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`States and has developed exceedingly valuable goodwill with respect to the mark
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`ALEVE.
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`6.
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`By virtue of its efforts and the expenditure of considerable sums for
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`promotional and advertising activities and by virtue of the excellence of its goods,
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`Opposer has gained for its mark ALEVE a most valuable reputation and has created, in
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`the minds of the buying public, an exclusive association between ALEVE and its goods.
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`7.
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`The trademark proposed for registration by Applicant, namely,
`
`ESTROLEVE, is likely to be confused with Opposer’s mark, ALEVE, because the marks
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`are similar in appearance, sound and overall commercial impression.
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`
`
`8.
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`Applicant seeks to register ESTROLEVE as a mark in connection with
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`goods that are substantially similar to the goods of Opposer and such use so nearly
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`resembles Opposer’s use as to be likely to cause confusion, to cause mistake or to deceive
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`within the meaning of 15 U.S.C. § lO52(d).
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`9.
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`If Applicant is permitted to use and register the ESTROLEVE mark for its
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`goods as specified in the opposed application, confusion in trade resulting in damage and
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`injury to Opposer would be caused and would result by reason of the fact that Applicant’s
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`mark is confusingly similar to Opposer’s mark. Persons familiar with Opposer’s ALEVE
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`mark would be likely to buy Applicant’s ESTROLEVE goods as goods offered and sold
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`by Opposer. Furthermore, any defect, objection, or fault found with Applicant’s goods
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`marketed under its ESTROLEVE mark would be likely to reflect upon and seriously
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`injure the reputation that Opposer has established for its goods offered under its ALEVE
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`mark.
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`10.
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`The mark ALEVE is distinctive and famous throughout the United States,
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`and has become closely associated with the goods of Opposer. The ALEVE mark became
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`famous prior to the filing of Applicant’s current application for ESTROLEVE and prior
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`to Applicant’s alleged commencement of use of the mark ESTROLEVE.
`
`ll.
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`The trademark proposed for registration by Applicant, namely,
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`ESTROLEVE, is likely to dilute and actually dilutes Opposer’s ALEVE mark and
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`reduces the capacity of the famous ALEVE mark to identify the goods of Opposer.
`
`
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`12.
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`If Applicant is granted the registration herein opposed, such registration
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`would be a source of damage and injury to Opposer.
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`WHEREFORE, Opposer prays thatthe opposition be sustained and that the
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`application be refused for registration.
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`Respectfully submitted,
`HELLER EHRMAN LLP
`
`Dated: September? 2006
`
`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