`ESTTA346279
`ESTTA Tracking number:
`05/07/2010
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91192868
`Defendant
`Nycomed GmbH
`Mitchell E. Radin, Esq.
`Cowan, Debaets, Abrahams, & Sheppard LLP
`41 Madison Avenue -34th Floor
`NEW YORK, NY 10010
`UNITED STATES
`trademarks@cdas.com
`Answer
`Saryn Leibowitz
`trademarks@cdas.com
`/saryn leibowitz/
`05/07/2010
`Nycomed -- Answer to Opposition.pdf ( 2 pages )(75190 bytes )
`Certificate of Service -- Answer to Opposition.pdf ( 1 page )(18776 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`TRADEMARK TRIAL AND APPEAL BOARD
`
`. . . _ . . . _ . . _ _ . . _ . _ . . . _ _ . _ _ _ . _ _ _ _ - _ X
`
`JOHNSON & JOHNSON,
`
`-
`
`Opposer,
`
`v.
`
`NYCOMED GMBH,
`
`Application:
`
`77/756,086
`
`Opposition N0.:
`
`91 192868
`
`Mark:
`
`VALISTAN
`
`:
`Applicant.
`. _ . . . . . . . . _ _ . _ _ _ . _ . . . _ . . _ _ . . __ . _ _ - X
`
`ANSWER TO OPPOSITION
`
`NYCOMED, GMBH (hereinafter, “Applicant” or “Nycomed”), a German corporation,
`
`having a principal place of business at Byk-Gulden-Str., 2 Kinstanz, Germany D-78467, hereby
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`answers the above captioned Notice of Opposition filed by JOHNSON & JOHNSON (“Opposer”
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`or “J&J”) to Nycomed’s application to register the mark VALISTAN for “pharmaceutical
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`preparations for the treatment of respiratory diseases; anti-inflammatory preparations” in Class 5,
`
`as follows:
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`1.
`
`To the extent that Paragraph 1 of the Notice of Opposition alleges statements of
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`fact, Applicant has insufficient knowledge or information either to admit or deny such
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`allegations and, therefore, denies them.
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`2.
`
`3.
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`4.
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`5.
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`Applicant admits the allegations in Paragraph 2 of the Notice of Opposition.
`
`Applicant admits the allegations in Paragraph 3 of the Notice of Opposition.
`
`Applicant admits the allegations in Paragraph 4 of the Notice of Opposition.
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`Upon information and belief, Applicant denies the allegations in Paragraph 5 of
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`the Notice of Opposition.
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`6.
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`Applicant has insufficient knowledge or information either to admit or deny the
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`allegations of Paragraph 6 of the Notice of Opposition and, therefore, denies them.
`
`
`
`7.
`
`Applicant has insufficient knowledge or information either to admit or deny the
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`allegations of Paragraph 7 of the Notice of Opposition and, therefore, denies them.
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`8.
`
`Applicant has insufficient knowledge or information either to admit or deny the
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`allegations of Paragraph 8 of the Notice of Opposition and, therefore, denies them.
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`9.
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`Upon information and belief, Applicant denies the allegations in Paragraph 9 of
`
`the Notice of Opposition.
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`WHEREFORE, Applicant prays that the Notice of Opposition be dismissed with
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`prejudice and that a Notice of Allownace be issued to Applicant on its Application Serial No.
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`77/756,086, and/or that the Board grant to Applicant such other and/or further relief as the Board
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`may deem just and proper.
`
`DEFENSES
`
`First Defense
`
`The Notice of Opposition fails to state a claim upon which relief can be granted.
`
`Second Defense
`
`Opposer’s claim is barred by the doctrine of estoppel.
`
`Dated: May 7, 2010
`New York, New York
`
`COWAN, DEBAETS, ABRAHAMS &
`SHEPPARD LLP
`
`Respectfully submitted,
`
`By: Z__%/z/t“Z%;€@»a
`
`Mitchell E. Radin
`
`Steven M. Weinberg
`Christopher J. Marino
`
`41 Madison Avenue, 34"‘ Floor
`New York, New York 10010
`
`(212) 974-7474
`
`Attorneysfor Applicant
`Nycomed GmbH
`
`
`
`CERTIFICATE OF SERVICE
`
`I, Saryn Leibowitz, of full age, by way of certification, state that a copy of the Answer to
`Opposition was mailed to Opposer’s counsel on the date set forth below, via electronic
`mail and first class mail, postage prepaid, addressed as follows:
`
`Jaye S. Campbell, Esq.
`Drinker Biddle & Reath, LLP
`
`1500 K. Street, N.W.
`Washington, D.C. 20005-1209
`Email: jaye.campbell@dbr.com
`
`Dated: May 7, 2010
`
`SarynLeibowitz
`
`g
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