McNeil-PPC, Inc. v. Walgreen Co., 91184978, No. 94 (T.T.A.B. Mar. 25, 2011)

Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA399891
`ESTTA Tracking number:
`03/25/2011
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91184978
`Defendant
`Walgreen Co.
`MARK J. LISS
`LEYDIG, VOIT & MAYER, LTD.
`TWO PRUDENTIAL PLAZA, SUITE 4900
`CHICAGO, IL 60601
`UNITED STATES
`cstevens@leydig.com
`Defendant's Notice of Reliance
`Michelle L. Calkins
`mcalkins@leydig.com, cstevens@leydig.com, mliss@leydig.com
`/Michelle L. Calkins/
`03/25/2011
`2011.03.25 Applicant's Notice of Reliance on Official Records (Black and
`White).pdf ( 85 pages )(4979280 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`MCNEIL-PPC, INC.,
`
`Opposer,
`
`Opp. No. 91184978
`
`WALGREEN CO.,
`
`-against-
`
`Applicant.
`
`
`
`APPLICANT’S NOTICE OF RELIANCE ON OFFICIAL RECORDS
`
`Applicant, Walgreen Company, by its undersigned attorneys and pursuant to Rule 2.122
`
`of the Trademark Rules of Practice, hereby gives notice that it intends to rely at trial on the
`
`following material evidence, relevant to the issues raised by the pleadings herein:
`
`Exhibit 106. Pursuant to 37 C.F.R. § 2.l22(d)(2), a certified status and title copy of
`
`Registration No. 2,754,305 for the mark WAL—FOUR, certified as of March 15, 2011 to be
`
`owned by Walgreen Company and subject to Section 8 & 15 protections. This document is
`
`relevant to this matter in that it is one of the Federal registrations owned by Applicant and
`
`containing the “WAL-“ prefix, showing consumer recognition of that prefix.
`
`Exhibit 107. Pursuant to 37 C.F.R. § 2.l22(d)(2), a certified status and title copy of
`
`Registration No. 2,704,550 for the mark WAL-FLU, certified as of March 15, 2011 to be owned
`
`by Walgreen Company and subject to Section 8 & 15 protections. This document is relevant to
`
`this matter in that it is one of the Federal registrations owned by Applicant and containing the
`
`“WAL-“ prefix, showing consumer recognition of that prefix.
`
`

`
`Exhibit 108. Pursuant to 37 C.F.R. § 2.l22(d)(2), a certified status and title copy of
`
`Registration No. 2,704,551 for the mark WAL-PROFEN, certified as of March 15, 2011 to be
`
`owned by Walgreen Company and subject to Section 8 & 15 protections. This document is
`
`relevant to this matter in that it is one of the Federal registrations owned by Applicant and
`
`containing the “WAL-“ prefix, showing consumer recognition of that prefix.
`
`Exhibit 109. Pursuant to 37 C.F.R. § 2.l22(d)(2), a certified status and title copy of
`
`Registration No. 2,695,665 for the mark WAL-MINIC, certified as of March 15, 2011 to be
`
`owned by Walgreen Company and subject to Section 8 & l5 protections. This document is
`
`relevant to this matter in that it is one of the Federal registrations owned by Applicant and
`
`containing the “WAL—“ prefix, showing consumer recognition of that prefix.
`
`Exhibit 110. Pursuant to 37 C.F.R. § 2.l22(d)(2), a certified status and title copy of
`
`Registration No. 3,284,281 for the mark WAL—DRAM, certified as of March 15, 2011 to be
`
`owned by Walgreen Company. This document is relevant to this matter in that it is one of the
`
`Federal registrations owned by Applicant and containing the “WAL-“ prefix, showing consumer
`
`recognition of that prefix.
`
`Exhibit 111. Pursuant to 37 C.F.R. § 2.l22(d)(2), a certified status and title copy of
`
`Registration No. 3,281,366 for the mark WAL-ZAN, certified as of March 15 , 2011 to be owned
`
`by Walgreen Company. This document is relevant to this matter in that it is one of the Federal
`
`registrations owned by Applicant and containing the “WAL-“ prefix, showing consumer
`
`recognition of that prefix.
`
`Exhibit 112. Pursuant to 37 C.F.R. § 2.l22(d)(2), a certified status and title copy of
`
`Registration No. 3,281,365 for the mark WAL-SOM, certified as of March 18, 2011 to be owned
`
`by Walgreen Company. This document is relevant to this matter in that it is one of the Federal
`
`

`
`registrations owned by Applicant and containing the “WAL-“ prefix, showing consumer
`
`recognition of that prefix.
`
`Exhibit 113. Pursuant to 37 C.F.R. § 2. l22(d)(2), a certified status and title copy of
`
`Registration No. 3,232,266 for the mark WAL—PHOSPHATE, certified as of March 18, 2011 to
`
`be owned by Walgreen Company. This document is relevant to this matter in that it is one of the
`
`Federal registrations owned by Applicant and containing the “WAL-“ prefix, showing consumer
`
`recognition of that prefix.
`
`Exhibit 114. Pursuant to 37 C.F.R. § 2.l22(d)(2), a certified status and title copy of
`
`Registration No. 3,291,406 for the mark WAL—BORN, certified as of March 18, 2011 to be
`
`owned by Walgreen Company. This document is relevant to this matter in that it is one of the
`
`Federal registrations owned by Applicant and containing the “WAL-“ prefix, showing consumer
`
`recognition of that prefix.
`
`Exhibit 115. Pursuant to 37 C.F.R. § 2.l22(d)(2), a certified status and title copy of
`
`Registration No. 3,087,133 for the mark WAL-PROXEN, certified as of March 16, 2011 to be
`
`owned by Walgreen Company. This document is relevant to this matter in that it is one of the
`
`Federal registrations owned by Applicant and containing the “WAL-“ prefix, showing consumer
`
`recognition of that prefix.
`
`Exhibit 116. Pursuant to 37 C.F.R. § 2.l22(d)(2), a certified status and title copy of
`
`Registration No. 3,087,132 for the mark WAL-FINATE, certified as of March 15, 2011 to be
`
`owned by Walgreen Company. This document is relevant to this matter in that it is one of the
`
`Federal registrations owned by Applicant and containing the “WAL-“ prefix, showing consumer
`
`recognition of that prefix.
`
`

`
`Exhibit 117. Pursuant to 37 C.F.R. § 2.122(d)(2), a certified status and title copy of
`
`Registration No. 3,216,181 for the mark WAL-MUCIL, certified as of March 17, 2011 to be
`
`owned by Walgreen Company. This document is relevant to this matter in that it is one of the
`
`Federal registrations owned by Applicant and containing the “WAL-“ prefix, showing consumer
`
`recognition of that prefix.
`
`Exhibit 118. Pursuant to 37 C.F.R. § 2.122(d)(2), a certified status and title copy of
`
`Registration No. 2,803,476 for the mark WAL-ITIN, certified as of March 17, 2011 to be owned
`
`by Walgreen Company and subject to Section 8 & 15 protections. This document is relevant to
`
`this matter in that it is one of the Federal registrations owned by Applicant and containing the
`
`“WAL—“ prefix, showing consumer recognition of that prefix.
`
`Exhibit 119. Pursuant to 37 C.F.R. § 2.122(d)(2), a certified status and title copy of
`
`Registration No. 2,807,947 for the mark WAL-TAP, certified as of March 17, 2011 to be owned
`
`by Walgreen Company and subject to Section 8 & 15 protections. This document is relevant to
`
`this matter in that it is one of the Federal registrations owned by Applicant and containing the
`
`“WAL—“ prefix, showing consumer recognition of that prefix.
`
`Exhibit 120. Pursuant to 37 C.F.R. § 2.122(d)(2), a certified status and title copy of
`
`Registration No. 2,167,644 for the mark WAL—PHED, certified as of March 17, 2011 to be
`
`owned by Walgreen Company and subject to Section 8 & 15 protections. This document is
`
`relevant to this matter in that it is one of the Federal registrations owned by Applicant and
`
`containing the “WAL-“ prefix, showing consumer recognition of that prefix.
`
`Exhibit 121. Pursuant to 37 C.F.R. § 2.122(d)(2), a certified status and title copy of
`
`Registration No. 2,167,643 for the mark WAL-HIST, certified as of March 17, 2011 to be owned
`
`by Walgreen Company and subject to Section 8 & 15 protections. This document is relevant to
`
`

`
`this matter in that it is one of the Federal registrations owned by Applicant and containing the
`
`“WAL-“ prefix, showing consumer recognition of that prefix.
`
`Exhibit 122. Pursuant to 37 C.F.R. § 2.122(d)(2), a certified status and title copy of
`
`Registration No. 2,167,642 for the mark WAL—DRYL, certified as of March 17, 2011 to be
`
`owned by Walgreen Company and subject to Section 8 & 15 protections. This document is
`
`relevant to this matter in that it is one of the Federal registrations owned by Applicant and
`
`containing the “WAL-“ prefix, showing consumer recognition of that prefix.
`
`Exhibit 123. Pursuant to 37 C.F.R. § 2.122(d)(2), a certified status and title copy of
`
`Registration No. 2,167,641 for the mark WAL—TUSSIN, certified as of March 17, 2011 to be
`
`owned by Walgreen Company and subject to Section 8 & 15 protections. This document is
`
`relevant to this matter in that it is one of the Federal registrations owned by Applicant and
`
`containing the “WAL-“ prefix, showing consumer recognition of that prefix.
`
`Exhibit 124. Pursuant to 37 C.F.R. § 2.122(e), a copy of Registration No. 2,978,561 for
`
`the mark ZYROX, owned by Syngenta Participations AG. This document is relevant to this
`
`matter in that it is a Federal registration owned by a third party using the letters “ZYR” in
`
`connection with goods in Class 5.
`
`Exhibit 125. Pursuant to 37 C.F.R. § 2.122(e), a copy of Registration No. 3,126,676 for
`
`the mark ZYROXIN, owned by Optimal Therapeutics. This document is relevant to this matter
`
`in that it is a Federal registration owned by a third party using the letters “ZYR” in connection
`
`with medicines or supplements in Class 5.
`
`Exhibit 126. Pursuant to 37 C.F.R. § 2.122(e), a copy of Registration No. 2,909,394 for
`
`the mark ZYRKAMINE, owned by Sanofi-Synthelabo. This document is relevant to this matter
`
`

`
`in that it is a Federal registration owned by a third party using the letters “ZYR” in connection
`
`with medicine or medical supplies in Class 5.
`
`Exhibit 127. Pursuant to 37 C.F.R. § 2.122(e), a copy of Registration No. 3,191,090 for
`
`the mark PREZYRA, owned by Glaxo Group Limited. This document is relevant to this matter
`
`in that it is a Federal registration owned by a third party using the letters “ZYR” in connection
`
`with medicine or medical supplies in Class 5.
`
`Exhibit 128. Pursuant to 37 C.F.R. § 2.122(e), a copy of Registration No. 3,347,447 for
`
`the mark ENZYRELIEF, owned by Joseph Christy. This document is relevant to this matter in
`
`that it is a Federal registration owned by a third party using the letters “ZYR” in connection with
`
`medicine or supplements in Class 5.
`
`Exhibit 129. Pursuant to 37 C.F.R. § 2.122(e), a copy of Registration No. 3,329,286 for
`
`the mark FIRAZYR, owned by Jerini AG. This document is relevant to this matter in that it is a
`
`Federal registration owned by a third party using the letters “ZYR” in connection with medicine
`
`or medical supplies in Class 5.
`
`Exhibit 130. Pursuant to 37 C.F.R. § 2.122(e), a copy of Registration No. 3,439,551 for
`
`the mark ZERLOR, owned by Pamlab, LLC. This document is relevant to this matter in that it is
`
`a Federal registration owned by a third party using the phonetic equivalent of the letters “ZYR”
`
`in connection with medicine or medical goods in Class 5.
`
`Exhibit 131. Pursuant to 37 C.F.R. § 2.122(e), a copy of Registration No. 3,474,084 for
`
`the mark ZEROID, owned by Neopharm Co., Ltd. This document is relevant to this matter in
`
`that it is a Federal registration owned by a third party using the phonetic equivalent of the letters
`
`“ZYR” in connection with medicines, supplements, and/or other medical goods in Class 5.
`
`

`
`Exhibit 132. Pursuant to 37 C.F.R. § 2.122(e), a copy of Registration No. 3,176,416 for
`
`the mark ZERNILOR, owned by Glaxo Group Limited. This document is relevant to this matter
`
`in that it is a Federal registration owned by a third party using the phonetic equivalent of the
`
`letters “ZYR” in connection with medicines and/or medical goods in Class 5.
`
`Exhibit 133. Pursuant to 37 C.F.R. § 2.122(e), a copy of Registration No. 3,105,898 for
`
`the mark ZERTIHALER, owned by Novartis AG. This document is relevant to this matter in
`
`that it is a Federal registration owned by a third party using the phonetic equivalent of the letters
`
`“ZYR” in connection with medicines and/or medical goods in Class 5.
`
`Exhibit 134. Pursuant to 37 C.F.R. § 2.122(e), a copy of Registration No. 3,226,650 for
`
`the mark ZERTYHALER, owned by Novartis AG. This document is relevant to this matter in
`
`that it is a Federal registration owned by a third party using the phonetic equivalent of the letters
`
`“ZYR” in connection with medicines and/or medical goods in Class 5.
`
`Date: March 25 2011
`
`
`
` Mark J. Liss
`Caroline L. Stevens
`Michelle L. Calkins
`
`Leydig, Voit & Mayer, Ltd.
`Two Prudential Plaza
`
`180 N. Stetson Avenue, Suite 4900
`Chicago, IL 60601-6731
`Tel: (312) 616-5600
`Attorneys for Applicant
`
`

`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a true and correct copy of the attached
`APPLICANT’S NOTICE OF RELIANCE was served on March 25, 2011, Via first class mail and
`
`email to the following:
`
`Laura Popp-Rosenberg
`Fross, Zelnick, Lehrman & Zissu, P.C.
`866 United Nations Plaza
`
`New York, NY 10017
`lpopp-rosenberg@fzlz.com
`
`;
`
`Michelle L. Calkins
`
`CERTIFICATE OF ELECTRONIC FILING
`
`I hereby certify that a copy of the attached APPLICANT’S NOTICE OF RELIANCE
`was electronically filed with the Trademark Trial and Appeal Board’s “Electronic System for
`Trademark Trials and Appeals (“ESTTA”) on the date shown below:
`
`Dated: March 25, 2011 ’
`
`Michelle L. Calkins
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`MCNEIL-PPC, INC.,
`
`Opposer,
`
`Opp. No. 91184978
`
`
`
`
`WALGREEN CO.,
`
`-against-
`
`Applicant.
`
`EXHIBIT 106
`
`TO
`APPLICANT’S NOTI_C_E OF RELIANCE ON
`
`OFFICIAL RECORDS
`
`

`
`UNITED STATES DEPARTMENT OF COMMERCE
`
`United States Patent and Trademark Office
`
`THE ATTACHED U.S. TRADEMARK REGISTRATION 2, 754,305 IS
`
`THEREON AS DISCLOSED BY THE RECORDS OF THE UNITED STATES
`PATENT AND TRADEMARK OFFICE.
`
`SECTION 8 & I5
`
`SAID RECORDS SHOW TITLE TO BE IN
`
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`Int. CL: 5 ,
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`% Prior U.S. _Cls.: 6, 18,44, 46,51, and 52
`United States Patent and Trademark Office .
`
`Reg M 2,754,305
`Aug. 19, 2003
`
`TRADEMARK A
`PRINCIPAL REGISTER .
`
`WAL-_FOI'JR
`
`WALGREEN C0. (ILLINOIS CORPORATION)
`200 WILMOT ROAD
`DBERFIELD. IL 611615
`
`'
`
`OWNER OF U.S. REG. NOS. 2,167,641, 2,167,644,
`AND OTHERS.
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`
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`44, 46, 51 AND 52).
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`
`SN 76-431.620. FILED 7-17-2002.
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`
`FIRST USE 8-31~2002; IN COMMERCE 8-31-2002.
`
`LINDA ESTRADA, EXAMINING ATTORNEY V
`
`Ex. 106 to Applicant’s Notice of Reliance on Official
`Records
`
`Offered by Walgreen Co.
`McNe1l-PPC, Inc. V. Walgreen Co. (No. 91184978)
`Page 106-2
`
`

`
`
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`UNITED STATES DEPARTMENT OF COMMERCE
`
` United States Patent and Trademark Office March 15, 2011 THE ATTACHED U.S. TRADEMARK REGISTRATION 2, 704,550 IS
`
`
`
`CERTIFIED TO BE A TRUE COPY WHICH IS IN FULL FORCE AND
`EFFECT WITH NOTATIONS OF ALL STATUTORY ACTIONS TAKEN
`THEREON AS DISCLOSED BY THE RECORDS OF THE UNITED STATES
`PATENT AND TRADEMARK OFFICE.
`
`
` REGISTERED FOR A TERM OF 10 YEARS FROM April 08, 2003
`
`
`SECTION 8 & I5
`SAID RECORDS SHOW TITLE TO BE IN:
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`Registrant
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`Certifying Officer
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`By Authority of the
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`Int. CL: 5
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`2
`Puor U S C15 6, 18, 44, 46, 51 and 5
`United States Patent and Trademark Office
`
`Reg. No. 2,704,550
`Registered Apr. 8, 2003
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`'
`
`WAL-FLU _
`
`WALGREEN CO. (ILLINOIS CORPORATION)
`200 WILMOT ROAD
`‘
`DEBRFIELD, IL 60015
`
`OWNER OF U.S. REG. NOS. 2,167,641, 2,167,644
`AND OTHERS.
`-
`
`FOR: FLU RELIEF MEDICINE, IN CLASS 5 (US.
`CLS. 6, 18, 44, 46, 51 AND 52).
`
`SER. NO. 76-435,973, FILED 731-2002.
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`FIRST USE 3-31-1994; INOOMMERCB 3-31-1994.
`
`LINDA ESTRADA, BXAMINING ATTORNEY
`
`Ex. 107 to Applicant’s Notice of Reliance on Official
`Records
`
`Offered by Walgreen Co.
`McNeil-PPC, Inc. v. Walgreen Co. (No. 91184978)
`Page 107-2
`
`

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`THE ATTACHED U.S. TRADEMARK REGISTRATION 2, 704,551 IS
`CERTIFIED TO BE A TRUE COPY WHICH IS IN FULL FORCE AND
`EFFECT WITH NOTA'I'IONS OF ALL STATUTORY ACTIONS TAKEN
`THEREON AS DISCLOSED BY THE RECORDS OF THE UNITED STATES
`PATENT AND TRADEMARK OFFICE.
`
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`REGISTERED FOR A TERM OF 10 YEARS FROM April 08, 2003
`SECHON 8 & 15
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`Int. CL: 5
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`5
`Puor U S Cls 6, 18, 44, 46, 51 and 2
`United States Patent and Trademark Office
`
`Reg. No. 2,704,551
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`
`TRADEMARK
`PRINCIPAL REGISTER
`
`WAL-PROFEN
`
`WALGREBN co. (ILLINOIS CORPORATION)
`zoo VHLMOT ROAD
`DEERFIELD, IL 60015
`
`OWNER or us. REG. Nos. 2.167.641, 2,167,644
`AND OTHERS.
`
`FOR: PAIN mauevau AND FEVER REDUCER
`MEDICINE, IN CLASS 5 (us. CLS. 6, 18, 44, 45, 51
`AND 52).
`
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`
`FIRST USE 10-31-I997; IN COMMERCE 10~31-1997.
`
`LINDA ESTRADA, EXAMINING ATTORNEY
`
`Ex. 108 to Applicant’s Notice of Reliance on Official
`Records
`
`Offered by Walgreen Co.
`McNeil-PPC, Inc. V. Walgreen Co. (No. 91184978)
`Page 108-2
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`—-I
`
`McNEIL—PPC, INC.,
`
`Opposer,
`
`Opp. No. 91184978
`
`WALGREEN CO.,
`
`-against-
`
`Applicant.
`
`EXHIBIT 109
`
`TO
`APPLICANT’S NOTICE OF RELIANCE ON
`
`OFFICIAL RECORDS
`
`

`
`McNeil-PPC,Inc.V.WalgreenCo.(No.91184978)
`
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`
`UNITED STATES DEPARTMENT OF COMMERCE
`
`United States Patent and Trademark Office
`
`March 15, 2011
`
`THE ATTACHED U.S. TRADEMARK REGISTRATION 2,695,665 IS
`CERTIFIED TO BE A TRUE COPY WHICH IS IN FULL FORCE AND
`EFFECT WITH NOTATIONS OF ALL STATUTORY ACTIONS TAKEN
`THEREON AS DISCLOSED BY THE RECORDS OF THE UNITED STATES
`PATENT AND TRADEMARK OFFICE.
`
`REGISTERED FOR A TERM OF I0 YEARS FROM March 11, 2003
`SECTION 8 & I5
`SAID RECORDS SHOW TITLE TO BE IN:
`
`Registrant
`
`By Authority of the
`Under Secretary of Commerce for In llectual Property
`and Director of the United
`; t and Trademark Office
`4>
`
`I
`
`P. SWAI
`
`Certifying Officer
`
`
`
`Ex.109toApplicant’sNoticeofRelianceonOfficial
`
`Records
`
`
`
`
`
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`Int. CL: 5
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`Pr’ US. Cl .:6 18 44 46 51
`Reg. No. 2,695,665
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`United States Patent and Trademark Office Registered Mar.11,?A}03
`
`(152
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`WAL-MINIC
`
`WALGRBEN co. (ILLINOIS CORPORATION)
`200 WILMOT ROAD
`DEERFIELD, IL 60015
`
`OWNER 01-‘ us. REG. NOS. 2,167,641, 2,167,644
`AND omens.
`
`FOR: COLD, ALLERGY AND COUGH MEDI-
`CINE, IN CLASS 5 ((1.8. CLS. 6, 18, 44, 46, 51 AND 52).
`
`SER. NO. 76-435,972, FILED 7-31-2002.
`
`FIRST USE 10-31-1996; IN COMMERCE 10-31-1996.
`
`LINDA ESTRADA, EXAMIMNG ATTORNEY
`
`Ex. 109 to Applicant’s Notice of Reliance on Official
`Records
`
`Offered by Walgreen Co.
`McNeil—PPC, Inc. v. Walgreen Co. (No. 91184978)
`Page 109-2
`
`

`
`7295269
`
`F V
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`Ee'131=‘-;=.....$fi.;1.?:z
`
`5‘ .m‘..m‘t’’=(EZ%(i!7;...LE"::
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`
`March 15, 2011
`
`REGISTRATION IS IN FULL FORCE AND EFFECT.
`
`SAID RECORDS SHOW TITLE TO BE IN: Registrant
`
`By Authority of the
`Under Secretary of Commerce 1‘-
`and Director of the Unit
`
`.- teilectual Property
`
`4'
`
`cl
`P.
`Certifying Officer
`
`
`
`_m_u_.¢OacoosnzomweoouozmL:«o:.E<8c:am
`
`.oU=3._w_§>wewo.3.«.«O
`
`mmiooom
`
`
`
`
`
`@523azvso§:wF$.>.2:.u.E-__ozo2
`
`2.:«WE
`
`
`
`
`
`
`

`
`Int. CL: 5
`
`Pri U.S. Cls.: 6 18 44 46,51
`a"
`"r
`’
`’
`’
`United States Patent and Trademark Office
`
`1152
`
`Reg. No. 3,284,281
`Registered Aug.28,2.007
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`WAL-DRAM
`
`WALGREEN CO. (ILLINOIS CORPORATION)
`
`200 WILMOT ROAD
`DEBRFIBLD, IL 60015
`
`THE MARK coNs1s'rs 01:‘ s'rANDAR1) CHAR.
`ACTERS WITHOUT CLAIM TO ANY PARTICULAR
`FONT, STYLE, SIZE, OR COLOR.
`OWNER OF US. REG. NOS. 2.l67,641, 3,087,133
`
`FOR: MOTION SICKNESS RELIEF MEDICA- AND OTHERS-
`TION, IN CLASS 5 (us. CLS. 5, 18,44, 45,51 AND 52).
`Sm Na 76_669,854, FILED 1242006.
`
`FIRST USE 5-10-2000‘, IN COMMERCE 5-10-2000.
`
`DANIEL BRODY, EXAMINING ATTORNEY
`
`Ex. 110 to Applicant’s Notice of Reliance on Official
`Records
`
`Offered by Walgreen Co.
`McNeil-PPC, Inc. v. Walgreen Co. (No. 91184978)
`Page 110-2
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`McNEIL—PPC, INC.,
`
`Opposer,
`
`Opp. No. 91184978
`
`-against-
`
`WALGREEN CO.,
`
`Applicant.
`
`‘J
`
`EXHIBIT 111
`
`.
`-'1;O-
`APPLICANT’S NOTICE OF RELIANCE ON
`
`OFFICIAL RECORDS
`
`

`
`%2ss259
`
`._...,,.§,!§.3 l.%l3E;.,.,§1‘3..§e
`'=!;@)4;§LI»l;L'!‘.L£?)VF§!_!.Q13.;!£'i‘H€i??
`
`UNITED STATES DEPARTMENT OF COMMERCE
`
`United States Patent and Trademark Office
`
`March 15, 2011
`
`THE UNITED STATES PATENT AND TRADEMARK OFFICE WHICH
`REGISTRATION IS IN FULL FORCE AND EFFECT.
`
`REGISTERED FOR A TERM OF 10 YEARS FROM August 21, 2007
`: Registrant
`SAID RECORDS SHOW TITLE TO BE IN
`
`By Authority of the
`Under Secretary of Commerce for
`all
`and Director of the United
`
`.A ectual Property
`and Trademark Office
`
`Certifying Officer
`
`
`
`uzzdtrfilriacnurr-.»...o.».If.r..'(y.I.na,l.
`,...
`
`
`
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`
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`
`
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`
`
`
`
`
`
`
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`
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`
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`
`
`
`
`
`
`

`
`Int. Cl.: 5
`
`Prior U.S. Cls.: 6, 18, 44, 46, 51 and 52
`
`United States Patent and Trademark Office
`
`Reg. No. 3,281,366
`Registered Aug. 21, 2007
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`WAL-ZAN
`
`WALGREEN co. (ILLINOIS CORPORATION)
`
`20° WILMOT ROAD
`DEERFIELD, IL 60015
`
`FOR: PHARMACEUTICAL PREPARATIONS FOR
`USE AS A STOMACI-I ACID REDUCER, IN CLASS 5
`(US. CLS. 6, 18, 44, 45, 51 AND 52).
`
`THE MARK cowsxsrs OF STANDARD CHAR-
`ACTERS WITHOUT CLAIM TO ANY PARTICULAR
`FONT, STYLE, SIZE, on COLOR.
`
`OWNER OF US. REG. NOS. 2,167,641, 3,087,133
`AND OTHERS.
`
`sex. N0. 76-669,853, FILED 12-4-2006.
`
`FIRST use 7.31-2002; IN COMMERCE 7-31-2002.
`
`DANTEL BRODY» BXAMNNG ATTORNEY
`
`Ex. 111 to Applicant’s Notice of Reliance on Official
`Records
`
`Offered by Walgreen Co.
`McNeil-PPC, Inc. V. Walgreen Co. (No. 91184978)
`Page 111-2
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`MCNEIL-PPC, INC.,
`
`Opposer,
`
`Opp. No. 91184978
`
`
`
`WALGREEN CO.,
`
`—against—
`
`Applicant.
`
`EXHIBIT 112
`
`I2
`APPLICANT’S NOTICE OF RELIANCE ON
`
`OFFICIAL RECORDS
`
`

`
`
`
`
`
`112-1
`
`
`
`McNeil-PPC,Inc.v.WalgreenCo.(No.91184978)Page
`
` 7285269
`
`E@M_@qE®WflQmm B m% B
`
`UNITED STATES DEPARTMENT OF COMMERCE
`
`THE ATTACHED U.S. TRADEMARK REGISTRATION 3,281,365 IS
`
`
`
`United States Patent and Trademark Office
` March 18, 2011
`
`
`
` REGISTERED FOR A TERM OF 10 YEARS FROM August 21, 2007
`
`SAD) RECORDS SHOW TITLE TO BE IN: Registrant
`
`CERTIFIED TO BE A TRUE COPY OF THE REGISTRATION ISSUED BY
`
`THE UNITED STATES PATENT AND TRADEMARK OFFICE WHICH
`
`
`
`REGISTRATION IS IN FULL FORCE AND EFFECT.
`
`
`
`Under Secretary of Commerce for Intellectual Property
`_ and Director of the United S tes Pate
`nd Trademark Office
`
`
`
`
`
`
`By Authority of the
`
`
`
`
`
`Ex.112toApplicant’sNoticeofRelianceonOfficialRecords
`
`OfferedbyWalgreenCo.
`
`
`
`Certifying Officer
`
`‘‘4”"“i““{»?-‘.727G;:5'."‘;:‘:
`
`‘T’§a.m'§q-..unnvmu"1...\1.u
`
`
`

`
`Int. CL: 5
`
`'
`...:,8,4441d2
`Reg.No.3,281,365
`Pnor US Cls 6 1
`, 6,5 an 5
`
`United States Patent and Trademark Office Registered Aug. 21, 2007
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`WAL-SOM
`
`WALGREEN C0. (ILLINOIS CORPORATION)
`
`2°” W"“M°T ROAD
`DEERFIELD, IL 50015
`
`FOR: PHARMACEUTICAL PREPARATIONS FOR
`USE AS A NIGI-I'ITIME SLEEP Am, IN CLASS 5 (US.
`CLS. 5, 13, 44, 45, 51 AND 52).
`
`THE MARK CONSISTS OF STANDARD CHAR-
`ACTERS WITHOUT CLAIM TO ANY PARTICULAR
`FONT, STYLE, sxza, on COLOR.
`
`OWNER OF U.S. REG. NOS. 2,167,641, 3,087,133
`AND OTHERS.
`
`san. N0. 76-669,852, FILED 12-4.2005.
`
`FIRST USE 7-31-2002; IN COMMERCE 7-31-2002.
`
`DANIEL BRODY: EXAMINING ATTORNEY
`
`Ex. 112 to Applicant’s Notice of Reliance on Official
`Records
`
`Offered by Walgreen Co.
`McNeil—PPC, Inc. V. Walgreen Co. (No. 91184978)
`Page 112-2
`
`

`
` 7285269
`
`
`
`
`
`
`
`
`
`'i_1@)&éi'!‘_\‘tD)W.I.1_Q‘1!;!£'i‘H__.,.f1i‘-\5..!_3.i‘’
`
` 8
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`
`
`
`T"‘—.(I
`
`
`
` Quinn-_wV
`
` I«‘;"'I-‘l‘!I‘
`
`
`March 18, 2011
`
`THE ATTACHED U.S. TRADEMARK REGISTRATION 3,232,266 IS
`CERTIFIED TO BE A TRUE COPY OF THE REGISTRATION ISSUED BY
`THE UNITED STATES PATENT AND TRADEMARK OFFICE WHICH
`REGISTRATION IS IN FULL FORCE AND EFFECT.
`
`
`
`
`
`
`
`
`
`REGISTERED FOR A TERM OF 10 YEARS FROM April 24, 2007
`
`SAID RECORDS SHOW TITLE TO BE IN: Registrant
`
`.-v..q»~s—‘..»...,..,,,._,,_..
`
`
`
`By Authority of the
`Under Secretary of Commerce for Intellectual Property
`and Director of the United States Patent nd Trademark Office
`
`
`
`
`
`E. O
`
`
`
`
`
`
`Certifying Officer
`
`
`
`
`E.113-a«.RiicordstoApplicantsNoticeofRelianceonOfficial
`
`OfferedbyWalgreenCo,
`
`
`
`
`
`,Inc.v.WalgreenCo.(No.91184978)
`
`
`
`McNeil-PPCPage113-1
`
`

`
`Int. CL: 5
`
`Prior U.S. Cls.: 6, 18, 44, 46, 51 and 52
`
`Reg. No. 3,232,266
`United States Patent and Trademark Office Registered Apr. 24, 2007
`
`
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`WAL-PHOSPHATE
`
`WALGREEN CO. (ILLINOIS CORPORATION)
`
`2°° WILMOT ROAD
`DEERFIELD, IL 50015
`
`THE MARK CONSISTS OF STANDARD CHAR-
`ACTERS WITHOUT CLAIM TO ANY PARTICULAR
`FONT, STYLE, size, on couox.
`
`owmmx on us. REG. NOS. 2,167,641, 2,807,947
`
`FOR: ORAL SALINE LAXATIVES, IN CLASS 5 ANDOTHEW
`(U'S' GL5‘ 6' 18’ 44' 45’ 5‘ AND 52)‘
`SER. NO. 76-663,056, FILED 7-14—2oo5.
`
`FIRST USE 8-14-2004; IN COMMERCE 8~14-2004.
`
`IRA J. GOODSAID, EXAMINING ATTORNEY
`
`Ex. 113 to Applicant’s Notice of Reliance on Official
`Records
`
`Offered by Walgreen Co.
`McNeil-PPC, Inc. v. Walgreen Co. (N0. 91184978)
`Page 113-2
`
`

`
`nmmsmmmA0mm“HnUETERHEmwTUDBMN0%IF_mosoD,mcmmnummmnmEC4mmmsmmmm3%mmTCTRflab
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`
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`
`
`
`
`
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`
`
`
`

`
`Int. C1,: 5
`
`'
`.
`.
`.2
`P1-1orUS C15 6, 18, 44, 46, 51, ands
`United States Patent and Trademark Office
`
`2
`
`Reg. N0.3,291’406
`Registered Sep.1l,2007
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`WAL-BORN
`
`WALGREEN CO. (ILLINOIS CORPORATION)
`200 WILMOT ROAD
`DBERFIELD, IL 60615
`
`THE MARK OONSISTS OF STANDARD CHAR-
`ACTERS WITHOUT CLAIM TO ANY PARTICULAR
`FONT, STYLE, SIZE, OR COIDR.
`
`FOR: VITAMIN SUPPLEMENTS TAKEN TO 1113-
`DUCE THE EFFECTS OF ENVIRONMENTALLY
`INGESTED GERMS, IN CLASS 5 (US. CLS. 6, 18, 44,
`46, 51 AND 52).
`
`OWNER OF U.S. REG. NOS. 2,167,641, 2,807,947,
`AND OTHERS.
`
`SN 76~663,055, FILED 7-14-2006.
`
`FIRST USE 5-11-2005; IN COMMERCE 5-11-2005.
`
`IRA J. GOODSAID, EXAMINING ATTORNEY
`
`Ex. 114 to Applicant’s Notice of Reliance on Official
`Records
`
`Offered by Walgreen Co.
`McNeil-PPC, Inc. v. Walgreen Co. (No. 91184978)
`Page 114-2
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`MCNEIL-PPC, INC.,
`
`-7
`
`Opposer,
`
`Opp. No. 91184978
`
`‘ WALGREEN CO.,
`
`—againSt—
`
`Applicant.
`
`EXHIBIT 1 15
`
`TO
`APPLICANT’S NOTI—C-E OF RELIANCE ON
`OFFICIAL RECORDS
`
`

`
`'i.T.®:;>A“a1T4...."...f.:'!";(.9;3V/V.4;.l1;.Q1;V(!,l: "!1§§.;§,!:3,i l.%RE.K,:1..‘§,!3.§E!i‘»5; a £9§m.gI¥E’§:
`
`UNITED STATES DEPARTMENT OF COMMERCE
`
`United States Patent and Trademark Office
`
`March 16, 2011
`
`THE ATTACHED U.S. TRADEMARK REGISTRATION 3,087,133 IS
`
`CERTIFIED TO BE A TRUE COPY OF THE REGISTRATION ISSUED BY
`
`THE UNITED STATES PATENT AND TRADEMARK OFFICE WHICH
`
`REGISTRATION IS IN FULL FORCE AND EFFECT.
`
`REGISTERED FOR A TERM OF 10 YEARS FROM May 02, 2006
`
`SAID RECORDS SHOW TITLE TO BE IN: Registrant
`
`By Authority of the
`
`Under Secretary of Commerce for Intellectual Property
`and Director of the United States Patent and Trademark Office
`
`‘filvi/AI:L7ft%I
`
`Certifying Officer
`
`
`
`Ex.115toApplicant’sNoticeofRelianceonOfficial
`
`OfferedbyWalgreenCo.
`
`Records
`
`
`
`
`
`115-1
`
`
`
`McNeil—PPC,Inc.v.WalgreenCo.(No.91184978)Page
`
`

`
`Int. CL: 5
`
`Prior U.S. Cls.: 6, 18, 44, 46, 51 and 52
`
`Reg. No. 3,087,133
`
`United States Patent and Trademark Office
`Registered May 2,2006
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`WAL-PROXEN
`
`WALGREEN CO. (ILLINOIS CORPORATION)
`
`W’ WILMOT ROAD
`DEERFIELD, IL 50015
`
`FOR: MEDICATION USED FOR FEVER REDUC-
`TION AND PAIN RELIEF, IN CLASS 5 (US. C13. 5,
`13, 44, 46, 51 AND 52).
`
`THE MARK CONSISTS OF STANDARD CHAR-
`ACTBRS WITHOUT CLAIM TO ANY PARTICULAR
`FONT, STYLE, s1z1a,ox COLOR.
`
`OWNER OF U.s. REG. NOS. 2,157,541, 2,307,947
`AND OTHERS.
`
`san. N0. 76-644,477, FILED 8-9-2005.
`
`FIRST USE 5_4_20o0; IN coM'_MERCE 6_4_200o.
`
`TRACY FLETCHER, EXAMINING ATTORNEY
`
`Ex. 115 to Applicant’s Notice of Reliance on Official
`Records
`
`Offered by Walgreen Co.
`McNeil-PPC, Inc. v. Walgreen Co. (No. 91184978)
`
`Page 115-2
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`MCNEIL-PPC, INC.,
`
`Opposer,
`
`Opp. No. 91184978
`
`WALGREEN CO.,
`
`—against-
`
`Applicant.
`
`EXHIBIT 116
`
`TO
`APPLICANT’S NOTICE OF RELIANCE ON
`
`OFFICIAL RECORDS
`
`

`
`UNITED STATES DEPARTMENT OF COMMERCE
`
`United States Patent and Trademark Office
`
`.9 M »,-~
`
`March 15, 2011
`
`THE ATTACHED U.S. TRADEMARK REGISTRATION 3,087,132 IS
`
`CERTIFIED TO BE A TRUE COPY OF THE REGISTRATION ISSUED BY
`
`THE UNITED STATES PATENT AND TRADEMARK OFFICE WHICH
`
`REGISTRATION IS IN FULL FORCE AND EFFECT.
`
`REGISTERED FOR A TERM OF 10 YEARS FROM May 02, 2006
`
`SAID RECORDS SHOW TITLE TO BE IN: Registrant
`
`By Authority of the
`
`Under Secretary of Commerce for Intellectual Property
`and Director of the United States Patent and Trademark Office
`
` . . t,\1;14z(”/éévtié’,
`
`LACE
`
`.
`
`
`
`
`
`mu».:m.uT.-.-u.uan7»
`
`Certifying Officer
`
`
`
`Ex.116toApplicant’sNoticeofRelianceonOfficialRecords
`
`OfferedbyWalgreenCo.
`
`
`
`
`
`116-1
`
`
`
`McNeil—PPC,Inc.v.WalgreenCo.(No.91184978)Page
`
`

`
`Int. Cl.: 5
`
`Prior U.S. Cls.: 6, 18, 44, 46, 51 and 52
`
`Reg. No. 3,087,132
`United States Patent and Trademark Office Registered May 2, 2006
`
`
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`WAL-FINATE
`
`WALGREEN C0. (ILLINOIS CORPORATION)
`
`")4 WILMOT ROAD
`DEERFIELD, IL 50015
`
`FOR: ANTIHISTAMINE AND ALLERGY RELIEF
`MEDICATION, IN CLASS 5 (U.S. CLS. 6, 18, 44, 46, 51
`AND 52).
`
`THE MARK coNs1sTs ()1: STANDARD CHAR.
`ACTERS WITHOUT CLAIM TO ANY PARTICULAR
`FONT, STYLE, SIZE, on comm.
`
`OWNER OF U.S. REG. Nos. 2,167,641, 2,307,947
`AND OTHERS-
`
`SER. NO. 76-644,476, FILED 8-9

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