Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA100393
`ESTTA Tracking number:
`09/21/2006
`
`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
`
`78784312
`09/21/2006
`
`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: 2005/03/03 First Use In Commerce: 2005/03/03
`All goods and sevices in the class are opposed, namely: Dietary Supplement - Vitamins
`
`Attachments
`
`Scan001.PDF ( 4 pages )(106204 bytes )
`
`Signature
`Name
`Date
`
`/ChelseaaLarsen/
`Chelseaa Larsen
`09/21/2006
`
`
`ESTTA100393
`ESTTA Tracking number:
`09/21/2006
`
`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
`
`78784312
`09/21/2006
`
`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: 2005/03/03 First Use In Commerce: 2005/03/03
`All goods and sevices in the class are opposed, namely: Dietary Supplement - Vitamins
`
`Attachments
`
`Scan001.PDF ( 4 pages )(106204 bytes )
`
`Signature
`Name
`Date
`
`/ChelseaaLarsen/
`Chelseaa Larsen
`09/21/2006
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Ap lication Serial No. 78/784,312
`Published in the 0 zcial Gazette on August 22, 2006
`Trademark: MENSTREVE
`
` 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 MENSTREVE shown in Serial
`
`No. 78/784,312 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
`
`MENSTREVE for “dietary supplement-vitamins” in International Class 5, as evidenced
`
`by the publication of such mark in the Ofiicial Gazette on August 22, 2006.
`
`2.
`
`Applicant is, upon information and belief, an individual, having an address
`
`at 1111 E Fillmore Street, Colorado Springs, CO 80907.
`
`
`
`3.
`
`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.
`
`4.
`
`There is no issue as to priority. Upon information and belief, Applicant has
`
`not used the mark MENSTREVE on its goods prior to March 3, 2005, as is evidenced by
`
`Applicant’s alleged date of first use in the Application. The date of registration and use
`
`of the ALEVE mark is thus well before the alleged date of first use of Applicant’s
`
`MENSTREVE mark, and Opposer’s ALEVE mark therefore has priority over Applicant’s
`
`MENSTREVE application.
`
`5.
`
`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.
`
`6.
`
`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.
`
`7.
`
`The trademark proposed for registration by Applicant, namely,
`
`MENSTREVE, is likely to be confused with Opposer’s mark, ALEVE, because the marks
`
`are similar in appearance, sound and overall commercial impression.
`
`
`
`8.
`
`Applicant seeks to register MENSTREVE 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. § lO52(d).
`
`9.
`
`If Applicant is permitted to use and register the MENSTREVE 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 MENSTREVE goods as goods offered and sold
`
`by Opposer. Furthermore, any defect, objection, or fault found with Applicant’s goods
`
`marketed under its MENSTREVE mark would be likely to reflect upon and seriously
`
`injure the reputation that Opposer has established for its goods offered under its ALEVE
`
`mark.
`
`10.
`
`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 application for MENSTREVE and prior
`to Applicant’s alleged commencement ofuse of the mark MENSTREVE.
`
`11.
`
`The trademark proposed for registration by Applicant, namely,
`
`MENSTREVE, 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.
`
`
`
`12.
`
`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.
`
`Dated: September EL, 2006
`
`Respectfully submitted,
`HELLER EHRMAN LLP
`
`By: » Chels
`
`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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