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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In Re Trademark Application Serial No. 76675871
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`Filed: April 23, 2007
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`For the Mark: MENO LEVE
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`Published in the Official Gazette on December 18, 2007
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`OPPOSITION NO. 91183881
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`BAYER HEALTHCARE, LLC
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`Opposer,
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`v.
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`BEYOND TIME COSMETICS,
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`Applicant.
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`)
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`)
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`)
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`) .
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`)
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`__________________.________J
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`Box TTAB
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`NO FEE
`
`Commissioner for Trademarks
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`P.O. Box 1451
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`Alexandria, VA 22313-1451
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`APPLICANT’S ANSWER TO NOTICE OF OPPOSITION
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`Applicant, BEYOND TIME COSMETICS, for its Answer to the Notice of Opposition
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`filed by Bayer Healthcare, LLC, against the Applicant for registration of the trademark
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`MENO LEVE, as set forth in application serial number 76/675,871 filed April 23, 2007 and
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`published in the Official Gazette on December 18, 2007, pleads and avers as follows;
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`1.
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`Applicant admits that the Opposer has obtained the necessary extensions
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`of time to oppose the challenged trademark following publication on December 18, 2007
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`in the Official Gazette.
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`2.
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`Applicant admits filing an application to register the mark MENO LEVE for
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`“skin and body creams” in International Class 3.
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`3.
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`Applicant admits that it is a New York corporation whose address is P.O.
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`Box 1010, Bronxville, New York 10708.
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`4.
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`Applicant is without knowledge or information sufficient to form a belief as
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`to the allegations set forth in paragraph (4) of the Notice of Opposition.
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`5.
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`Applicant denies each and every allegation set forth in paragraph (5) of
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`the Notice of Opposition.
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`
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`6.
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`Applicant is without knowledge or information sufficient to fomt a belief as
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`to the allegations set forth in paragraph (6) of the Notice of Opposition.
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`7.
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`Applicant is without knowledge or information sufficient to form a belief as
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`to the allegations set forth in paragraph (7) of the Notice of Opposition.
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`8.
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`Applicant denies each and every allegation set forth in paragraph (8) of
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`the Notice of Opposition.
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`9.
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`Applicant denies each and every allegation set forth in paragraph (9) of
`
`the Notice of Opposition.
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`10.
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`Applicant denies each and every allegation set forth in paragraph (10) of
`
`the Notice of Opposition.
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`11.
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`Applicant denies each and every allegation set forth in paragraph (11) of
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`the Notice of Opposition.
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`
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`12.
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`Applicant denies each and every allegation set forth in paragraph (12) of
`
`the Notice of Opposition.
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`13.
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`Applicant denies each and every allegation set forth in paragraph (13) of
`
`the Notice of Opposition.
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`FIRST AFFIRMATIVE DEFENSE
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`There is no likelihood of confusion between applicant’s mark for the goods
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`recited in its application and the opposer’s mark for the goods recited in its registration.
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`SECOND AFFIRMATIVE DEFENSE
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`Applicant’s mark “MENO LEVE” for skin and body creams in International Class 3
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`is not confusingly similar to opposer’s mark “ALEVE" for anti-inflammatory, analgesic, and
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`antipyretic pharmaceutical preparations in International Class 5.
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`
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`in view of the foregoing, Applicant submits that this opposition is groundless and
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`baseless in fact; that opposer has not shown how it is likely to be damaged by
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`Applicant’s registration since Applicant’s trademark relates to distinctly different goods
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`than those recited in opposer’s registration and, therefore, its opposition should be
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`dismissed and Applicant granted registration for its mark.
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`BEYOND TIME COSMETICS
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`Dated: June
`
`7
`
`«ix
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`,2008
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`521 Fifth Avenue, Suite 3300
`New York, New York 10175-3300
`Telephone: (212) 244-5632
`Facsimile: (212) 244-1364
`Email:
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`Certificate of Service
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`I hereby certify that a copy of the foregoing APPL|CANT’S ANSWER TO
`NOTICE OF OPPOSITION was mailed first—c|ass mail, postage prepaid, to Chelseaa E.
`L. Bush, Heller & Ehrman, LLP, Attorneys for Opposer, 333 Bush Street, San Francisco,
`CA 94104, on this
`'1; mi
`day of June, 2008.
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`
`
`
`es W. Badie L
`
`Att rney for Applicant
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