Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA337608
`ESTTA Tracking number:
`03/17/2010
`
`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
`
`Biotest AG
`03/17/2010
`
`Landsteinerstr. 5
`Dreieich, D-63303
`GERMANY
`
`Attorney
`information
`
`Benjamin Leace and John W. McGlynn
`RatnerPrestia
`1007 N. Orange Street; Suite 1100
`Wilmington, DE 19899
`UNITED STATES
`tmde@ratnerprestia.com, beleace@ratnerprestia.com,
`jwmcglynn@ratnerprestia.com Phone:3027782500
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`77736007
`03/17/2010
`
`Publication date
`Opposition
`Period Ends
`
`11/17/2009
`03/17/2010
`
`Monsterops LLC
`1850 Reliable Circle
`Colorado Springs, CO 80906
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 005.
`All goods and services in the class are opposed, namely: Nutritional supplements
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`Dilution
`
`Trademark Act section 2(d)
`Trademark Act section 43(c)
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`2961650
`
`06/14/2005
`
`Word Mark
`
`BIOTEST
`
`Application Date
`
`02/21/2002
`
`Foreign Priority
`Date
`
`NONE
`
`

`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the word BIOTEST proximate a red triangle device with a
`red ball or circle at each of the vertices of the triangle device. The word portion
`of the mark is in black ink.
`Class 001. First use: First Use: 1977/07/02 First Use In Commerce: 1997/10/05
`In-vitro diagnostic preparations for scientific purposes; test kits comprising
`reagents, sera, monoclonal and polyclonal antibodies, natural and recombinant
`antigens, and microtiter plates, and reagents for scientific and research
`purposes; systems for determining resistance for scientific purposes comprising
`nutrient media, cell culture media, and dried media; buffers, salts, solvents for
`research and scientific purposes; test kits comprising buffers, salts, solvents and
`reagents for industrial and scientific purposes for hygiene monitoring on
`surfaces, in air and liquids, and systems for identification of germs for scientific
`and research purposes comprising nutrient media, buffers and salts; DNA
`probes for tissue typing, germ or pathogen identification and blood group
`determination
`Class 005. First use: First Use: 1977/07/02 First Use In Commerce: 1997/10/05
`Pharmaceutical and veterinary preparations and products for treating immune
`insufficiencies, especially autoimmune insufficiencies, cancer, virus infections,
`conditions of virus reactivation, anemia, protein anemia, immune globulin
`anemia, blood coagulation disorders, and deficiencies in blood coagulation
`factors, or for preventing rejections in transplantation medicine; food for babies;
`medical plasters; materials for wound, burn or surgical dressing; pharmaceutical
`preparations for hematology, oncology, transplantation medicine, nephrology,
`pediatrics, for intensive care medicine namely blood products, immune globulin
`preparations, globulin preparations, coagulation factors; medicines for use in
`transplantation procedures and for influencing blood coagulation; immune
`globulin preparations for treating immune insufficiencies, especially autoimmune
`insufficiencies, cancer, virus infections, conditions of virus reactivation, anemia,
`protein anemia, immune globulin anemia, blood coagulation disorders, and
`deficiencies in blood coagulation factors, or for preventing rejections in
`transplantation medicine; serum preparations, and serum proteins and solutions
`comprising the same for medical use; human albumin for medical use; blood
`products for medical use, namely blood plasma; blood substitutes; plasma
`substitutes and plasma expanders; vaccines, especially on basis of immune
`globulines; blood coagulation preparations, especially coagulation factors for
`clinical and medical laboratory use; antibiotics; medicines for treating the central
`nervous system; medicines for treating heart and circulation diseases;
`medicines for treating the respiratory system; medicines for urological treatment;
`medicines for treatment of digestive organs and corresponding/adjoining glands;
`hormones; vitamins; immunosuppressive, anti-inflammatory, and antiallergic
`medicines; dermatological, ophtalmological and otological medicines; in-vivo
`and in-vitro diagnostic preparations for clinical or medical purposes and clinical
`or medical laboratory use; antibodies, namely mono- and polyclonal antibodies
`for use in in-vivo clinical and medical diagnostics and for patient therapy; in vitro
`diagnostic agents for medical purposes, especially for determination of proteins,
`such as antibodies, monoclonal antibodies or immune globulins, or for
`
`

`
`determinations of nucleic acids, for blood group diagnostics and antibody
`determination, tissue typing, cell diagnostics, microbiological diagnostics, and
`determination of toxic compounds; test kits comprising ready to use nutrient
`media for microorganisms, especially bacteria, and reagents for medical and
`laboratory uses, especially for blood group diagnostics, antibody determination,
`tissue typing, cell diagnostics, microbiological diagnostics, determination of toxic
`substances; test kits comprising monoclonal and polyclonal antibodies and
`natural and recombinant antigenes, for tests on serological and immune genetic
`basis, and reagents therefore for human and veterinary medical laboratory
`purposes; immunoassays such as ELISA's, consisting of reagents, sera,
`monoclonal and polyclonal antibodies, natural and recombinant antigens, and
`microtiter plates, and reagents therefore for human and veterinary medical
`laboratory purposes; diagnostic preparations for human or veterinary medical
`uses in the treatment of infections; media for bacteriological cultures, namely
`ready-to-use culture media and nutrient media and ingredients thereof
`Class 009. First use: First Use: 1977/07/02 First Use In Commerce: 1977/10/05
`Plates and multiwell microtiter plates for cell typing, blood and virus diagnostics;
`blood warmers; apparatus namely incubator, cell sorter, cell counter, shaker,
`pipettes, plates and vials for cell recovery and for handling of cells, including
`disposable materials; measuring and surveying apparatus namely sample
`holder, reader, photometer, centrifuge, shaker, incubator, washer, particle
`counter and air sampler for removal, determination and quantification of
`microorganisms in air, liquids and on surfaces; measuring and surveying kits/
`systems and agar strips for determination and quantification of substances,
`namely blood sugar, blood and respiratory alcohol, toxic substances, oxygen
`and blood constituents such as hemoglobin; kits/systems comprising agar strips,
`air samplers, particle counters, anemometers and agar strips for determination
`of air borne germs and for sanitary and hygiene monitoring, laboratory robot, for
`automated processing of microtiter plate based assays like ELISAs, DNA
`hybridization assays and cell agglutination tests; kits/systems comprising agar
`strips, air samplers, particle counters, anemometers and agar strips for
`determination of air borne germs and for determination of particle size and
`number in air; kits/systems comprising air samplers, sample holders and reader
`for clean room air monitoring; all the foregoing for use in research and/or non-
`medical laboratories
`Class 010. First use: First Use: 1977/07/02 First Use In Commerce: 1997/10/05
`Medical, apparatus for clinical or diagnostic use, namely apparatus for
`serological blood typing, blood grouping or serological detection of blood groups;
`bottles and containers specially designated for storage and conservation of
`solutions for transfusions and infusions; transfusion and infusion apparatus and
`devices, namely containers, syringes, catheters, transdermal delivery systems
`comprising blood warmers and plasma for clinical use; apparatus for cell
`recovery and for handling of cells, including disposable materials namely plates,
`spatula, vials, pipette tips and beakers for clinical or diagnostic use; measuring
`and surveying apparatus for clinical and diagnostic use namely sample holder,
`reader, photometer, dipsticks, teststrips, and agar strips for determination and
`quantification of substances, especially blood sugar, blood and respiratory
`alcohol, toxic substances, oxygen and blood constituents such as hemoglobin;
`plates and multiwell microtiter plates for cell typing, blood and virus diagnostics
`for clinical and diagnostic use; all of the foregoing for medical, clinical, diagnostic
`and/or surgical use
`
`Attachments
`
`76374498#TMSN.gif ( 1 page )( bytes )
`Notice of Opposition to Monsterops BIOTEST Mark.pdf ( 5 pages )(272321
`bytes )
`US Reg No 2961650 cert stat.pdf ( 9 pages )(610799 bytes )
`
`

`
`The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their address
`record by Overnight Courier on this date.
`
`Certificate of Service
`
`Signature
`Name
`Date
`
`/JWM/
`Benjamin Leace and John W. McGlynn
`03/17/2010
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Application Serial No. 77/736,007
`
`Marlc: BIOTEST
`
`Filed: May 13, 2009
`Published in the Official Gazette: November 17,2009
`
`Biotest AG
`
`Opposer,
`
`v.
`
`Opposition No.
`
`Monsterops LLC
`
`Applicant.
`
`l
`
`NOTICE OF OPPOSITION
`
`Biotest AG ("Opposer") believes that it wil be damaged by the registration of U.S. App. Serial No.
`77/736,007 for Biotest and hereby opposes the same. As grounds for this Opposition, Opposer
`respectfully alleges as follows:
`
`1. Opposer is a German company having a place of business at Landsteinerstr. 5, Dreieich,
`D-63303, Germany.
`
`2. Opposer is the owner of U.S. Reg. No. 2,961,650 for BIOTEST & Design, fied February
`21,2002 and registered June 14,2005, for "Pharmaceutical and veterinary preparations and products
`for treating immune insuffciencies, especially autoimmune insufficiencies, cancer, virus
`infections, conditions of virus reactivation, anemia, protein anemia, immune globulin anemia,
`blood coagulation disorders, and deficiencies in blood coagulation factors, or for preventing
`rejections in transplantation medicine; food for babies; medical plasters; materials for wound,
`burn or surgical dressing; pharmaceutical preparations for hematology, oncology, transplantation
`medicine, nephrology, pediatrics, for intensive care medicine namely blood products, immune
`globulin preparations, globulin preparations, coagulation factors; medicines for use in
`
`i
`
`

`
`coagulation factors for clinical and medical
`
`clinical or medical
`
`transplantation procedures and for influencing blood coagulation; immune globulin preparations
`for treating immune insufficiencies, especially autoimmune insufficiencies, cancer, virus
`infections, conditions of virus reactivation, anemia, protein anemia, immune globulin anemia,
`blood coagulation disorders, and deficiencies in blood coagulation factors, or for preventing
`rejections in transplantation medicine; serum preparations, and serum proteins and solutions
`comprising the same for medical use; human albumin for medical use; blood products for
`medical use, namely blood plasma; blood substitutes; plasma substitutes and plasma expanders;
`vaccines, especially on basis of immune globulines; blood coagulation preparations, especially
`laboratory use; antibiotics; medicines for treating the
`central nervous system; medicines for treating heart and circulation diseases; medicines for
`treating the respiratory system; medicines for urological treatment; medicines for treatment of
`digestive organs and corresponding/adjoining glands; hormones; vitamins; immunosuppressive,
`anti-inflammatory, and antiallergic medicines; dermatological, ophtalmological and otological
`medicines; in-vivo and in-vitro diagnostic preparations for clinical or medical purposes and
`laboratory use; antibodies, namely mono- and polyclonal antibodies for use in
`in-vivo clinical and medical diagnostics and for patient therapy; in vitro diagnostic agents for
`medical purposes, especially for determination of proteins, such as antibodies, monoclonal
`antibodies or immune globulins, or for determinations of nucleic acids, for blood group
`diagnostics and antibody determination, tissue typing, cell diagnostics, microbiological
`diagnostics, and determination of toxic compounds; test kits comprising ready to use nutrient
`media for microorganisms, especially bacteria, and reagents for medical and laboratory uses,
`especially for blood group diagnostics, antibody determination, tissue typing, cell diagnostics,
`microbiological diagnostics, determination of toxic substances; test kits comprising monoclonal
`and polyclonal antibodies and natural and recombinant antigenes, for tests on serological and
`immune genetic basis, and reagents therefore for human and veterinary medical laboratory
`purposes; immunoassays such as ELISA's, consisting of reagents, sera, monoclonal and
`titer plates, and reagents
`therefore for human and veterinary medical laboratory purposes; diagnostic preparations for
`human or veterinary medical uses in the treatment of infections; media for bacteriological
`cultures, namely ready-to-use culture media and nutrient media and ingredients thereof," "Plates
`and multi well microtiter plates for cell typing, blood and virus diagnostics; blood warmers;
`apparatus namely incubator, cell sorter, cell counter, shaker, pipettes, plates and vials for cell
`recovery and for handling of cells, including disposable materials; measuring and surveying
`apparatus namely sample holder, reader, photometer, centrifuge, shaker, incubator, washer,
`particle counter and air sampler for removal, determination and quantification of microorganisms
`in air, liquids and on surfaces; measuring and surveying kits/systems and agar strips for
`determination and quantification of substances, namely blood sugar, blood and respiratory
`2
`
`polyclonal antibodies, natural and recombinant antigens, and micro
`
`

`
`alcohol, toxic substances, oxygen and blood constituents such as hemoglobin; kits/systems
`comprising agar strips, air samplers, particle counters, anemometers and agar strips for
`determination of air borne germs and for sanitary and hygiene monitoring, laboratory robot, for
`automated processing of microtiter plate based assays like ELISAs, DNA hybridization assays
`and cell agglutination tests; kits/systems comprising agar strips, air samplers, particle counters,
`anemometers and agar strips for determination of air borne germs and for determination of
`particle size and number in air; kits/systems comprising air samplers, sample holders and reader
`for clean room air monitoring; all the foregoing for use in research and/or non-medical
`laboratories," and "Medical, apparatus for clinical or diagnostic use, namely apparatus for
`serological blood typing, blood grouping or serological detection of blood groups; bottles and
`containers specially designated for storage and conservation of solutions for transfusions and
`infusions; transfusion and infusion apparatus and devices, namely containers, syringes, catheters,
`transdermal delivery systems comprising blood warmers and plasma for clinical use; apparatus
`for cell recovery and for h~ndling of cells, including dislJOsable materials namely plates, s12atula,
`vials, pipette tips and beakers for clinical or diagnostic use; measuring and surveying apparatus
`for clinical and diagnostic use namely sample holder, reader, photometer, dipsticks, teststrips,
`and agar strips for determination and quantification of substances, especially blood sugar, blood
`and respiratory alcohol, toxic substances, oxygen and blood constituents such as hemoglobin;
`well microtiter plates for cell typing, blood and virus diagnostics for clinical and
`diagnostic use; all of the foregoing for medical, clinical, diagnostic and/or surgical use."
`
`plates and multi
`
`3. Since 1977, Opposer and its affiliates have been providing medical, diagnostic and
`
`healthcare-related goods in interstate commerce in the United States under the BIOTEST mark.
`
`4. Through extensive use and promotional and marketing activities, the BIOTEST mark has
`
`come to be recognized throughout the United States as identifying medical, diagnostic and healthcare-
`related goods emanating from or associated with Opposer. As a result, Opposer has developed a valuable
`reputation and acquired extensive goodwil in connection with the BIOTEST mark.
`
`5. Applicant seeks to register BIOTEST as a trademark in connection with "nutritional
`
`supplements."
`
`6. Opposer's use and Opposer's application filng date predate Applicant's filing date.
`
`Accordingly, Opposer's rights are senior to Applicant's rights.
`
`7. Applicant's BIOTEST is identical to Opposer's BIOTEST mark and the word element of
`
`the Opposer's BIOTEST & Design mark. The nutritional supplements identified in the Applicant's
`application are closely related to the goods in Opposer's registration. Accordingly, Opposer's customers
`
`3
`
`

`
`and the general public are likely to be confused, mistaken and/or deceived as to the origin and
`sponsorship of goods offered under Applicant's mark and misled into believing that such goods are
`provided by, or are in some other way directly or indirectly associated or affiliated with, Opposer,
`resulting in damage to Opposer and its reputation.
`
`8. Opposer has no control over the nature and quality of the goods on which Applicant uses
`
`BIOTEST. In the event of false association with Opposer, any defects, objections or faults found with
`any goods offered under BIOTEST could inflct serious injury upon Opposer and its reputation.
`
`9. If Applicant's application matures to registration, Applicant wil acquire the prima
`
`facie
`
`exclusive right to use BIOTEST on and in connection with the goods set forth in such registration
`tlu'oughout the United States. This will damage Opposer in that there wil be a likelihood of confusion
`likelihood, actual confusion by and among consumers and in the trade as to the true source or
`origin of the goods provided by Applicant in connection with BIOTEST. Such confusion wil inevitably
`damage Opposer and result in irreparable harm to Opposer.
`
`and, in all
`
`WHEREFORE, Opposer requests that registration of U.S. Application Serial No. 77/736,007 for
`BIOTEST be refused and that this Opposition be sustained in favor of Opposer.
`
`The Commissioner is hereby authorized at any time to charge any fees required, or credit any
`overpayment, to Deposit Account No. 18-0350.
`
`RatnerPrestia
`1007 Orange St., Suite 1100
`P.O. Box 1596
`Wilmington, DE 19899
`Phone: 302-778-2500
`
`Dated: March 17,2010
`
`Respectfully submitted,
`
`RatnerPrestia
`
`By: /Benjamin E. Leace/
`Benjamin E. Leace
`John W. McGlynn
`
`Attorneys for Opposer
`
`4
`
`

`
`CERTIFICATE OF SERVICE
`
`It is hereby certified that a true copy of the document identified below was served on March 17,
`
`2010 by Federal Express to the correspondence address of record in the USPTO:
`
`Title of Document:
`
`NOTICE OF OPPOSITION
`
`Names of Parties Served:
`
`Dana Hartje Cardwell
`Dana H. Cardwell LLC
`283 Columbine ST PMB 162
`Denver, CO 80206-4707
`
`O~ ~~/L
`
`Chris Perkins
`
`5
`
`

`
`Int. Cis.: 1, 5, 9 and 10
`
`Prior U.S. CIs.: 1,5,6,10, 18,21,23,26,36,38,39,44,
`46,51 and 52
`United States Patent and Trademark Office
`
`Reg. No. 2,961,650
`
`Regitered June 14,2005
`
`TRAEMAK
`PRICIPAL REGISTER
`
`Biotest
`
`BIOTEST AG (FED REP GERMANY CORPORA-
`TION)
`WALDFRIEDSTRASSE 4
`60528 FRANKFURT/MAIN, FED REP GERMANY
`
`FOR: IN-VITRO DIAGNOSTIC PREPARATIONS
`FOR SCIENTIFIC PURPOSES; TEST KITS COMPRIS-
`ING REAGENTS, SERA, MONOCLONAL AND
`POLY CLONAL ANTBODIES, NATURAL AND RE-
`COMBINANT ANTIGENS, AND MICROTITER
`PLATES, AND REAGENTS FOR SCIENTFIC AND
`RESEARCH PURPOSES; SYSTEMS FOR DETER-
`MINIG RESISTANCE FOR SCIENTIFIC PURPO-
`SES COMPRISING NUTRIENT MEDIA, CELL
`CULTURE MEDIA, AND DRIED MEDIA' BUF-
`FERS, SALTS, SOLVENTS FOR RESEARCH AND
`SCIENTIFIC PURPOSES; TEST KITS COMPRISING
`BUFFERS, SALTS, SOLVENTS AND REAGENTS
`FOR INDUSTRIAL AND SCIENTFIC PURPOSES
`FOR HYGIENE MONITORING ON SURFACES, IN
`AIR AND LIQUIS, AND SYSTEMS FOR IDENT-
`FICATION OF GERMS FOR SCIENTIFIC AND
`RESEARCH PURPOSES COMPRISING NUTRIENT
`MEDIA, BUFFERS AND SALTS; DNA PROBES FOR
`TISSUE TYING, GERM OR PATHOGEN IDENT-
`FICATION AND BLOOD GROUP DETERMINA-
`TION, IN CLASS 1 (U.S. CLS. 1, 5, 6, 10,26 AND 46).
`
`FIRST USE 7-2-1977; IN COMMERCE 10-5-1997.
`
`FOR: PHARMACEUTICAL AND VETERINARY
`PREPARATIONS AND PRODUCTS FOR TREAT-
`
`ING IMMUNE INSUFFICIENCIES, ESPECIALLY
`AUTOIMMUNE INSUFFICIENCIES, CANCER,
`VIRUS INFECTIONS, CONDmONS OF VIRUS RE-
`ACTIATION, ANEMIA, PROTEIN ANEMIA, IM-
`MUNE GLOBULIN ANEMIA, BLOOD
`COAGULATION DISORDERS, AND DEFICIENCIES
`IN BLOOD COAGULATION FACTORS, OR FOR
`PREVENTING REJECTIONS IN TRANSPLANT A-
`TION MEDICINE; FOOD FOR BABIES; MEDICAL
`PLASTERS; MATERIALS FOR WOUND, BURN OR
`SURGICAL DRESSING; PHARMACEUTICAL PRE-
`PARATIONS FOR HEMATOLOGY, ONCOLOGY,
`TRANSPLANTATION MEDICINE, NEPHROLOGY,
`PEDIATRICS, FOR INENSIVE CARE MEDICINE
`NAMELY BLOOD PRODUCTS, IMMUNE GLOBU-
`LIN PREPARATIONS, GLOBULIN PREPARA-
`TIONS, COAGULATION FACTORS; MEDICINES
`FOR USE IN TRANSPLANTATION PROCEDURES
`AND FOR INFLUENCING BLOOD COAGULA-
`TION; IMMUNE GLOBULIN PREPARATIONS FOR
`TREATING IMMUNE INSUFFICIENCIES, ESPE-
`CIALLY AUTOIMMUNE INSUFFICIENCIES, CAN-
`CER, VIRUS INFECTIONS, CONDITIONS OF VIRUS
`REACTIVATION, ANEMIA, PROTEIN ANEMIA,
`IMMUNE GLOBULIN ANEMIA, BLOOD COAGU-
`LATION DISORDERS, AND DEFICIENCIES IN
`BLOOD COAGULATION FACTORS, OR FOR PRE-
`VENTNG REJECTIONS IN TRANSPLANTATION
`MEDICINE; SERUM PREPARATIONS, AND SER-
`UM PROTEINS AND SOLUTIONS COMPRISING
`THE SAME FOR MEDICAL USE; HUMAN ALBU-
`MIN FOR MEDICAL USE; BLOOD PRODUCTS FOR
`
`

`
`MEDICAL USE, NAMELY BLOOD PLASMA;
`BLOOD SUBSTITUTES; PLASMA SUBSTITUTES
`AND PLASMA EXPANDERS; VACCINES, ESPE-
`CIALLY ON BASIS OF IMMUNE GLOBULINES;
`BLOOD COAGULATION PREPARATIONS, ESPE-
`CIALLY COAGULATION FACTORS FOR CLINI-
`CAL AND MEDICAL LABORATORY USE;
`ANTBIOTICS; MEDICINES FOR TREATING THE
`CENTRAL NERVOUS SYSTEM; MEDICINES FOR
`TREATING HEART AND CIRCULATION DISEA-
`SES; MEDICINES FOR TREATIG THE RESPIRA-
`TORY SYSTEM; MEDICINES FOR UROLOGICAL
`TREATMENT; MEDICINES FOR TREATMENT OF
`DIGESTIVE ORGANS AND CORRESPONDING/AD-
`JOINING GLANDS; HORMONES; VITAMINS; IM-
`MUNOSUPPRESSIVE, ANTI-INFLAMMATORY,
`AND ANTALLERGIC MEDICINES; DERMATOLO-
`GICAL, OPHTALMOLOGICAL AND OTOLOGICAL
`MEDICINES; IN-VIO AND IN-VITRO DIAGNOS-
`TIC PREPARATIONS FOR CLINICAL OR MEDICAL
`PURPOSES AND CLINICAL OR MEDICAL LA-
`BORATORY USE; ANTBODIES, NAMELY MONO-
`AND POLYCLONAL ANTIBODIES FOR USE IN IN-
`VIVO CLINICAL AND MEDICAL DIAGNOSTICS
`AND FOR PATIENT THERAY; IN VIRO DIAG-
`NOSTIC AGENTS FOR MEDICAL PURPOSES, ESPE-
`CIALLY FOR DETERMINATION OF PROTEINS,
`SUCH AS ANTBODIES, MONOCLONAL ANTBO-
`DIES OR IMMUNE GLOBULINS, OR FOR DETER-
`MINATIONS OF NUCLEIC ACIDS, FOR BLOOD
`GROUP DIAGNOSTICS AND ANTBODY DETER-
`MINA TION, TISSUE TYPING, CELL DIAGNOSTICS,
`MICROBIOLOGICAL DIAGNOSTICS, AND DETER-
`MINA TION OF TOXIC COMPOUNS; TEST KIS
`COMPRISING READY TO USE NURIENT MEDIA
`FOR MICROORGANISMS, ESPECIALLY BACTER-
`IA, AND REAGENTS FOR MEDICAL AND LA-
`BORATORY USES, ESPECIALLY FOR BLOOD
`GROUP DIAGNOSTICS, ANTBODY DETERMINA-
`TION, TISSUE TYING, CELL DIAGNOSTICS, MI-
`CROBIOLOGICAL DIAGNOSTICS,
`DETERMINATION OF TOXIC SUBSTANCES; TEST
`KITS COMPRISING MONOCLONAL AND POLY-
`CLONAL ANTIBODIES AND NATURAL AND RE-
`COMBINANT ANTIGENES, FOR TESTS ON
`SEROLOGICAL AND IMMUNE GENETIC BASIS,
`AND REAGENTS THEREFORE FOR HUMAN AND
`VETERINARY MEDICAL LABORATORY PURPO-
`SES; IMMUNOASSAYS SUCH AS ELISA'S, CON-
`SISTING OF REAGENTS, SERA, MONOCLONAL
`AND POLYCLONAL ANTIBODIES, NATURAL
`AND RECOMBINANT ANTIGENS, AND MICROTI-
`TER PLATES, AND REAGENTS THEREFORE FOR
`HUMAN AND VETERINARY MEDICAL LABORA-
`TORY PURPOSES; DIAGNOSTIC PREPARATIONS
`FOR HUMAN OR VETERINARY MEDICAL USES
`IN THE TREATMENT OF INFECTIONS; MEDIA
`FOR BACTERIOLOGICAL CULTURES, NAMELY
`READY-TO-USE CULTURE MEDIA AND NUTRI-
`ENT MEDIA AND INGREDIENTS THEREOF, IN
`CLASS 5 (U.s. CLS. 6,18,44,46,51 AND 52).
`
`FIRST USE 7-2-1977; IN COMMERCE 10-5-1997.
`
`FOR: PLATES AND MULTIELL MICROTITER
`TYPING, BLOOD AND VIRUS
`DIAGNOSTICS; BLOOD WARMERS; APPARATUS
`
`PLATES FOR CELL
`
`NAMELY INCUBATOR, CELL SORTER, CELL
`COUNTER, SHAKER, PIPETTES, PLATES AND
`VIALS FOR CELL RECOVERY AND FOR HAND-
`LING OF CELLS, INCLUDING DISPOSABLE MA-
`TERIALS; MEASURING AND SURVEYING
`APPARATUS NAMELY SAMPLE HOLDER, READ-
`ER, PHOTOMETER, CENTRIFUGE, SHAKER, IN-
`CUBATOR, WASHER, PARTICLE COUNTER AND
`AIR SAMPLER FOR REMOVAL, DETERMINATION
`AND QUANTIFICATION OF MICROORGANISMS
`IN AIR, LIQUIDS AND ON SURFACES; MEASUR-
`ING AND SURVEYING KIS/SYSTEMS AND AGAR
`STRIPS FOR DETERMINATION AND QUANTFI-
`CATION OF SUBSTANCES, NAMELY BLOOD SU-
`GAR, BLOOD AND RESPIRATORY ALCOHOL,
`TOXIC SUBSTANCES, OXYGEN AND BLOOD CON-
`STITUENTS SUCH AS HEMOGLOBIN; KIS/SYS-
`TEMS COMPRISING AGAR STRIPS, AIR
`SAMPLERS, PARTICLE COUNERS, ANEMOM-
`ETERS AND AGAR STRIPS FOR DETERMINATION
`OF AIR BORNE GERMS AND FOR SANIARY
`AND HYGIENE MONITORING, LABORATORY
`ROBOT, FOR AUTOMATED PROCESSING OF MI-
`CROTITER PLATE BASED ASSAYS LIKE ELISAS,
`DNA HYBRIDIZATION ASSAYS AND CELL AG-
`GLUTNA TION TESTS; KITS/SYSTEMS COMPRIS-
`ING AGAR STRIPS, AIR SAMPLERS, PARTICLE
`COUNERS, ANEMOMETERS AND AGAR STRIPS
`FOR DETERMINATION OF AIR BORNE GERMS
`AND FOR DETERMINATION OF PARTICLE SIZE
`AND NUMBER IN AIR; KITS/SYSTEMS COMPRIS-
`ING AIR SAMPLERS, SAMPLE HOLDERS AND
`READER FOR CLEAN ROOM AIR MONITORING;
`ALL THE FOREGOING FOR USE IN RESEARCH
`AND/OR NON-MEDICAL LABORATORIES, IN
`CLASS 9 (U.S. CLS. 21, 23, 26, 36 AND 38).
`
`FIRST USE 7-2-1977; IN COMMERCE 10-5-1977
`
`FOR: MEDICAL, APPARATUS FOR CLINICAL
`FOR
`OR DIAGNOSTIC
`USE,
`NAMELY APPARATUS
`SEROLOGICAL BLOOD TYING, BLOOD GROUP-
`ING OR SEROLOGICAL DETECTION OF BLOOD
`GROUPS; BOTTLES AND CONTAINERS SPECIAL-
`LY DESIGNATED FOR STORAGE AND CONSER-
`VA TION OF SOLUTIONS FOR TRANSFUSIONS
`AND INFUSIONS; TRANSFUSION AND INFUSION
`APPARATUS AND DEVICES, NAMELY CONTAIN-
`ERS, SYRINGES, CATHETERS, TRANSDERMAL
`DELIVERY SYSTEMS COMPRISING BLOOD WAR-
`MERS AND PLASMA FOR CLINICAL USE; APPA-
`RATUS FOR CELL RECOVERY AND FOR
`HANDLING OF CELLS, INCLUDING DISPOSABLE
`MATERIALS NAMELY PLATES, SPATULA, VIALS,
`PIPETTE TIPS AND BEAKERS FOR CLINICAL OR
`DIAGNOSTIC USE; MEASURING AND SURVEY-
`ING APPARATUS FOR CLINICAL AND DIAGNOS-
`TIC USE NAMELY SAMPLE HOLDER, READER,
`TRIPS, AND
`AGAR STRIPS FOR DETERMINATION AND
`QUANTIFICATION OF SUBSTANCES, ESPECIAL-
`LY BLOOD SUGAR, BLOOD AND RESPIRATORY
`ALCOHOL, TOXIC SUBSTANCES, OXYGEN AND
`BLOOD CONSTITUENTS SUCH AS HEMOGLOBIN;
`PLATES AND MULTIELL MICROTITER PLATES
`FOR CELL TYING, BLOOD AND VIRUS DIAG-
`NOSTICS FOR CLINICAL AND DIAGNOSTIC USE;
`
`PHOTOMETER, DIPSTICKS, TESTS
`
`

`
`ALL OF THE FOREGOING FOR MEDICAL, CLIN-
`ALL OF THE FOREGOING FOR MEDICAL, CLIN-
`ICAL, DIAGNOSTIC AND/OR SURGICAL USE, IN
`ICAL, DIAGNOSTIC AND/OR SURGICAL USE, IN
`CLASS 10 (U.S. CLS. 26, 39 AND 44).
`CLASS 10 (U.S. CLS. 26, 39 AND 44).
`
`FIRST USE 7-2-1977; IN COMMERCE 10-5-1997.
`FIRST USE 7-2-1977; IN COMMERCE 10-5-1997.
`
`THE MARK CONSISTS OF THE WORD BIOTEST
`THE MARK CONSISTS OF THE WORD BIOTEST
`PROXIMATE A RED TRIANGLE DEVICE WITH A
`PROXIMATE A RED TRIANGLE DEVICE WITH A
`RED BALL OR CIRCLE AT EACH OF THE VERTI-
`RED BALL OR CIRCLE AT EACH OF THE VERTI-
`CES OF THE TRIANGLE DEVICE. THE WORD
`CES OF THE TRIANGLE DEVICE. THE WORD
`PORTION OF THE MARK IS IN BLACK INK.
`PORTION OF THE MARK Is IN BLACK INK.
`
`OWNER OF U.S. REG. NO. 1,212,867.
`OWNER OF U-3 REG N0 1’212>857-
`COLOR IS A FEATURE OF THE MARK. THE
`COLOR IS A FEATURE OF THE MARK. THE
`MARK IS LINED FOR THE COLOR RED.
`MARK IS LINED FOR THE COLOR RED.
`
`sER. NO. 76-374,498, FILED 2-21-2002.
`SER. NO. 76-374,498, FILED 2-21-2002.
`
`ALICIA COLLINS, EXAMINNG ATTORNEY
`ALICIA COLLINS, EXAMINING ATTORNEY
`
`

`
`Latest Status Info
`
`Page 1 of5
`
`Thank you for your request. Here are the latest results from the T ARR web server.
`
`This page was generated by the TARR system on 2010-03-15 10:34:55 ET
`
`Serial Number: 76374498 Assignment Information
`
`Trademark Document Retrieval
`
`Registration Number: 2961650
`
`Mark
`
`rf!TD\
`
`:m~~;;iilID
`
`Biotest
`
`(words only): BIOTEST
`
`Standard Character claim: No
`
`Current Status: Registered.
`
`Date of Status: 2008-10-23
`
`Filng Date: 2002-02-21
`
`Transformed into a National Application: No
`
`Registration Date: 2005-06-14
`
`Register: Principal
`
`Law Office Assigned: LAW OFFICE 115
`
`If you are the applicant or applicant's attorney and have questions about this fie, please contact
`the Trademark Assistance Center at TrademarkAssistanceCentercæuspto.gov
`
`Current Location: 650 -Publication And Issue Section
`
`Date In Location: 2005-06-14
`
`LAST APPLICANT(S)/OWNER(S) OF RECORD
`
`1. BIOTEST AG
`
`Address:
`BIOTEST AG
`Landsteinerstrasse 5
`
`http://tarr . uspto .gov Itarr?regser=registration&entry=2%2C961 %2C65 0+
`
`311512010
`
`

`
`Latest Status Info
`
`Page 2 of5
`
`Dreieich 63303
`Fed Rep Germany
`Legal Entity Type: Corporation
`State or Country of Incorporation: Fed Rep Germany
`
`GOODS AND/OR SERVICES
`
`and poly
`
`International Class: 001
`Class Status: Active
`In-vitro diagnostic preparations for scientific purposes; test kits comprising reagents, sera, monoclonal
`clonal antibodies, natural and recombinant antigens, and microtiter plates, and reagents for
`scientific and research purposes; systems for determining resistance for scientific purposes comprising
`nutrient media, cell culture media, and dried media; buffers, salts, solvents for research and scientific
`purposes; test kits comprising buffers, salts, solvents and reagents for industrial and scientific puroses
`for hygiene monitoring on surfaces, in air and liquids, and systems for identification of germs for
`scientific and research purposes comprising nutrient media, buffers and salts; DNA probes for tissue
`typing, germ or pathogen identification and blood group determination
`Basis: l(a)
`First Use Date: 1977-07-02
`First Use in Commerce Date: 1997-10-05
`
`autoimmune insuffciencies, cancer, virus infections, conditions of
`
`International Class: 005
`Class Status: Active
`Pharmaceutical and veterinary preparations and products for treating immune insufficiencies, especially
`virus reactivation, anemia, protein
`anemia, immune globulin anemia, blood coagulation disorders, and deficiencies in blood coagulation
`factors, or for preventing rejections in transplantation medicine; food for babies; medícal plasters;
`materials for wound, bum or surgical dressing; pharmaceutical preparations for hematology, oncology,
`transplantation medicine, nephrology, pediatrics, for intensive care medicine namely blood products,
`immune globulin preparations, globulin preparations, coagulation factors; medicines for use in
`transplantation procedures and for influencing blood coagulation; immune globulin preparations for
`treating immune insufficiencies, especially autoimmune insuffciencies, cancer, virus infections,
`conditions of virus reactivation, anemia, protein anemia, immune globulin anemia, blood coagulation
`disorders, and deficiencies in blood coagulation factors, or for preventing rejections in transplantation
`medicine; serum preparations, and serum proteins and solutions comprising the same for medical use;
`human albumin for medical use; blood products for medical use, namely blood plasma; blood
`substitutes; plasma substitutes and plasma expanders; vaccines, especially on basis of immune
`globulines; blood coagulation preparations, especially coagulation factors for clinical and medical
`laboratory use; antibiotics; medicines for treating the central nervous system; medicines for treating
`heart and circulation diseases; medicines for treating the respiratory system; medícines for urological
`treatment; medicines for treatment of digestive organs and corresponding/adjoining glands; hormones;
`vitamins; immunosuppressive, anti-inflammatory, and antiallergic medicines; dermatological,
`ophtalmological and otological medicines; in-vivo and in-vitro diagnostic preparations for clinical or
`clonal
`antibodies for use in in-vivo clinical and medical diagnostics and for patient therapy; in vitro diagnostic
`agents for medical purposes, especially for determination of proteins, such as antibodies, monoclonal
`antibodies or immune globulins, or for determinations of nucleic acids, for blood group diagnostics and
`antibody determination, tissue typing, cell diagnostics, microbiological diagnostics, and determination
`of toxic compounds; test kits comprising ready to use nutrient media for microorganisms, especially
`bacteria, and reagents for medical and laboratory uses, especially for blood group diagnostics, antibody
`
`medical purposes and clinic