Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA373502
`ESTTA Tracking number:
`10/15/2010
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`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`Notice of Opposition
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`Notice is hereby given that the following party opposes registration of the indicated application.
`Opposer Information
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`Name
`Granted to Date
`of previous
`extension
`Address
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`Bayer HealthCare LLC
`10/17/2010
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`100 Bayer Road
`Pittsburgh, PA 15205
`UNITED STATES
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`Attorney
`information
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`Joseph N. Welch II
`Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP
`311 South Wacker Drive Suite 5000
`Chicago, IL 60606
`UNITED STATES
`jnw@pattishall.com, pb@pattishall.com, stl@pattishall.com, ijb@pattishall.com,
`lrb@pattishall.com Phone:(312) 554-8000
`Applicant Information
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`Application No
`Opposition Filing
`Date
`Applicant
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`77726529
`10/15/2010
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`Publication date
`Opposition
`Period Ends
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`04/20/2010
`10/17/2010
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`Gidget Marks, LLC
`21882 Bellcroft Drive
`Lake Forest, CA 92630
`UNITED STATES
`Goods/Services Affected by Opposition
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`Class 005.
`All goods and services in the class are opposed, namely: Vitamin and mineral supplements,
`nutritional supplements, food supplements, herbal supplements, herbal tea for medicinal purposes,
`meal replacement drinks and powder, nutritional fortified water and beverages, nutritional energy
`bars as meal replacements, nasal spray preparations, nose drops, eye drops, cough drops, cough
`syrups, cough and throat lozenges, medicated lotions for skin, hair, sunburn, face and body, topical
`first aid gel, medicated shampoo, muscle relaxants, sedatives, aspirin, ibuprofen for use as an oral
`analgesic, appetite suppressants, pharmaceutical preparations for the treatment of angina, diabetes
`and insomnia, eye washes, contact lens cleaning solutions, muscle soaks, carpet, room and shoe
`deodorizers and disinfectants for hygienic purposes; air fresheners, car deodorizers, moth balls;
`sanitary preparations for medical use and household use; food for babies; feeding preparations and
`nutritional formulas, namely, infant formulas; nutritional, mineral, homeopathic, supplements in the
`form of dietary, nutritional, mineral and/or homeopathic supplements for babies, toddlers, children,
`and teens; medicines for babies, toddlers, children and teens, namely, pharmaceutical preparations
`for skin disorders, pharmaceutical preparations for treating colds, medicated diaper rash ointments,
`balms and lotions; medical plasters; materials for dressings, namely, bandages for dressings, burn
`dressings; medicated bath preparations; therapeutic preparations for the bath for medical purposes;
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`bath salts for medical purposes; disinfectants for hygiene purposes; first-aid kits, medicated
`ointments, namely, antibiotic, diaper rash, anti-inflammatory ointments; dietetic foods adapted for
`medical use; dental wax, medicated pre-moistened wipes, gels, lotions, and pads impregnated with
`acne medication
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`Grounds for Opposition
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`Priority and likelihood of confusion
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`Trademark Act section 2(d)
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`Marks Cited by Opposer as Basis for Opposition
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`U.S. Application
`No.
`Registration Date
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`Word Mark
`Design Mark
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`77640093
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`NONE
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`DIDGET
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`Application Date
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`12/26/2008
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`Foreign Priority
`Date
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`NONE
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`Description of
`Mark
`Goods/Services
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`NONE
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`Class 005. First use: First Use: 2009/08/17 First Use In Commerce: 2010/04/02
`Medical diagnostic reagents for the analysis of body fluids
`Class 010. First use: First Use: 2009/08/17 First Use In Commerce: 2010/04/02
`Medical diagnostic kits comprising medical diagnostic instruments for the
`analysis of body fluids and video game software sold as a unit; medical devices
`for obtaining blood samples
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`U.S. Application
`No.
`Registration Date
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`Word Mark
`Design Mark
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`77704276
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`NONE
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`DIDGET
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`Application Date
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`04/01/2009
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`Foreign Priority
`Date
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`NONE
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`Description of
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`NONE
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`Mark
`Goods/Services
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`Attachments
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`Class 010. First use: First Use: 2009/08/17 First Use In Commerce: 2010/04/02
`medical diagnostic instruments for the analysis of body fluids
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`77640093#TMSN.jpeg ( 1 page )( bytes )
`77704276#TMSN.jpeg ( 1 page )( bytes )
`Notice of Opposition Against GIDGET (App. Ser. No. 77726529) --
`2010.10.15.pdf ( 4 pages )(30268 bytes )
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`Certificate of Service
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`The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their address
`record by First Class Mail on this date.
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`Signature
`Name
`Date
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`/Ian Block/
`Ian J. Block
`10/15/2010
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`

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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`In the matter of Application Serial No. 77/726,529: GIDGET
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`Published in the Official Gazette on April 20, 2010
`in Classes 2, 4, 5, 6, 8, 11, 15, 18, 20, 26, 27, 29, 30, 31, 32, 33, 35, 38
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`BAYER HEALTHCARE LLC,
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`Opposer,
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`GIDGET MARKS, LLC,
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`Applicant.
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`Opposition No. ________________
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`NOTICE OF OPPOSITION
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`Bayer HealthCare LLC, a Delaware limited liability company having offices in
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`Pittsburgh, Pennsylvania, believes it will be damaged by registration of the mark shown at
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`Application Serial No. 77/726,529 (the "Application") for the goods identified in Class 5 therein
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`and files this Notice of Opposition pursuant to 37 C.F.R. § 2.104. The grounds for opposition
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`are stated below.
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`1.
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`Opposer and its predecessors have for many years been engaged in the
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`manufacture, distribution, advertising and sale of products in the medical and healthcare fields,
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`including diagnostic testing kits used in the care and treatment of diabetes, among many others.
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`2.
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`On December 26, 2008, prior to the date on which Applicant filed the
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`Application, Opposer filed an application to register DIDGET (App. Ser. No. 77/640,093) with
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`the United States Patent and Trademark Office ("USPTO") for "medical diagnostic reagents for
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`the analysis of body fluids" in Class 5 and "medical diagnostic kits comprising medical
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`diagnostic instruments for the analysis of body fluids and video game software sold as a unit;
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`medical devices for obtaining blood samples" in Class 10.
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`3.
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`On April 1, 2009, also prior to the date on which Applicant filed the Application,
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`Opposer filed an application to register DIDGET (App. Ser. No. 77/704,276) with the USPTO
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`for "medical diagnostic instruments for the analysis of body fluids" in Class 10.
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`4.
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`Opposer has used its DIDGET mark since at least as early as August 17, 2009,
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`and has used the mark in commerce since at least as early as April 2, 2010.
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`5.
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`Upon information and belief, neither Applicant nor any predecessor or related
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`company of Applicant has a claim of right in the mark GIDGET for the goods identified in the
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`Application in Class 5 prior to April 30, 2009, the date on which Applicant filed its intent-to-use
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`Application.
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`6.
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`The proposed use of the GIDGET mark for the goods identified in Class 5 of the
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`Application is likely to cause confusion, mistake or deception as to the source of origin,
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`sponsorship or approval of Applicant's goods in that purchasers are likely to believe that
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`Applicant's goods are Opposer's goods, or are in some way legitimately connected with, licensed
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`or approved by the Opposer.
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`7.
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`Applicant's proposed use of the mark shown in the Application is without
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`Opposer's consent or permission.
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`WHEREFORE, registration by Applicant of the Application for the goods identified in
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`Class 5 would be damaging to Opposer, Opposer respectfully requests that its opposition be
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`-2-
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`sustained and registration of Application Serial No. 77/726,529 be refused for the goods
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`identified in Class 5.
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`Opposer submits the requisite filing fee of $300.00. Please debit any deficiency from or
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`credit any overpayment to Account No. 16-0650, and address all correspondence to Joseph N.
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`Welch II, Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP, 311 South Wacker Drive,
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`Respectfully submitted,
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`PATTISHALL, MCAULIFFE, NEWBURY,
` HILLIARD & GERALDSON LLP
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`Suite 5000, Chicago, Illinois 60606.
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`Dated: October 15, 2010
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`By:
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`/Ian Block/
`Joseph N. Welch II
`Phillip Barengolts
`Ian J. Block
`311 South Wacker Drive, Suite 5000
`Chicago, Illinois 60606
`(312) 554-8000
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`Attorneys for Bayer HealthCare LLC
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`-3-
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`CERTIFICATE OF SERVICE
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`I hereby certify that a copy of the foregoing NOTICE OF OPPOSITION was served by
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`first-class mail, on October 15, 2010, upon the following:
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`Don Carnegie, Esq.
`St. George & Carnegie
`5405 Alton Parkway, Suite 5A540
`Irvine, California 92604-3717
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`/Ian Block/
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`CERTIFICATE OF ELECTRONIC TRANSMISSION
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`I hereby certify that this NOTICE OF OPPOSITION is being electronically transmitted
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`to the USPTO on October 15, 2010.
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`/Ian Block/
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`-4-