Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA116525
`ESTTA Tracking number:
`12/22/2006
`
`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
`12/24/2006
`
`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
`International
`Registration No.
`Applicant
`
`78592354
`12/22/2006
`
`NONE
`
`Publication date
`Opposition
`Period Ends
`International
`Registration Date
`
`06/27/2006
`12/24/2006
`
`NONE
`
`Ovelle Limited
`Coe's Road
`Dundalk, County Louth,
`IRELAND
`Goods/Services Affected by Opposition
`
`Class 003.
`All goods and sevices in the class are opposed, namely: shampoos; soaps; liquid soap; hair lotion;
`essential oils for personal use; cosmetics creams; conditioning creams; non-medicated ointments
`and creams for hydrating, softening and moisturizing skin; non-medicated creams and ointments for
`topical application to the skin; body lotion; skin cleaners; cleansing wipes
`
`Attachments
`
`Scan001.PDF ( 4 pages )(110362 bytes )
`
`Signature
`Name
`Date
`
`/ChelseaaLarsen/
`Chelseaa E. Larsen
`12/22/2006
`
`
`ESTTA116525
`ESTTA Tracking number:
`12/22/2006
`
`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
`12/24/2006
`
`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
`International
`Registration No.
`Applicant
`
`78592354
`12/22/2006
`
`NONE
`
`Publication date
`Opposition
`Period Ends
`International
`Registration Date
`
`06/27/2006
`12/24/2006
`
`NONE
`
`Ovelle Limited
`Coe's Road
`Dundalk, County Louth,
`IRELAND
`Goods/Services Affected by Opposition
`
`Class 003.
`All goods and sevices in the class are opposed, namely: shampoos; soaps; liquid soap; hair lotion;
`essential oils for personal use; cosmetics creams; conditioning creams; non-medicated ointments
`and creams for hydrating, softening and moisturizing skin; non-medicated creams and ointments for
`topical application to the skin; body lotion; skin cleaners; cleansing wipes
`
`Attachments
`
`Scan001.PDF ( 4 pages )(110362 bytes )
`
`Signature
`Name
`Date
`
`/ChelseaaLarsen/
`Chelseaa E. Larsen
`12/22/2006
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Ap lication Serial No. 78/592,354
`Published in the 0 zcial Gazette on June 27, 2006
`Trademark: ELAVE
`
`Bayer Consumer Care LLC,
`
`Opposer
`
`V.
`
`Ovelle Limited,
`
`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 ELAVE shown in Serial No.
`
`78/592,354 in International Class 3 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 June 27, 2006 in the Oflicial Gazette.
`
`2.
`
`Ovelle Limited (“Applicant”), has an application to register the mark
`
`ELAVE for “shampoos; soaps; liquid soap; hair lotion; essential oils for personal use;
`
`cosmetic creams; conditioning creams; non-medicated ointments and creams for
`
`hydrating, softening and moisturizing skin; non-medicated creams and ointments for
`
`
`
`topical application to the skin; body lotion; skins cleansers; cleansing wipes” in
`
`International Class 3, as evidenced by the publication of such mark in the Oflicial Gazette
`
`on June 27, 2006.
`
`3.
`
`Applicant is, upon information and belief, an Irish company, having an
`
`address at Coe’s Road, Dundalk, County Louth, Ireland.
`
`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 ELAVE on its goods prior to March 22, 2005, as is evidenced by
`
`Applicant’s filing of its subject application on an intent-to—use basis on that date. The
`
`date of registration and use of the ALEVE mark is thus Well before use by Applicant of
`
`the ELAVE mark, if any, and Opposer’s ALEVE mark therefore has priority over
`
`Applicant’s ELAVE 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, ELAVE, 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 ELAVE as a mark in connection with goods that
`
`are related 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. § 1052(d).
`
`10.
`
`If Applicant is permitted to use and register the ELAVE 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 ELAVE goods as goods offered and sold by Opposer.
`
`Furthermore, any defect, objection, or fault found with Applicant’s goods marketed under
`
`its ELAVE 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 intent-to-use application for ELAVE.
`
`
`
`12.
`
`The trademark proposed for registration by Applicant, namely, ELAVE, 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: DecemberQ, 2006
`
`By:
`
`Beth M. G
`an
`Chelseaa E.
`arsen
`Attorneys for Bayer Consumer Care LLC
`333 Bush Street
`San Francisco, CA 94104
`415-772-6000
`
`Please refer to Our File No.: 24172-0057
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