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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA376416
`ESTTA Tracking number:
`11/02/2010
`
`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
`Entity
`Address
`
`FGN USA INC
`Citizenship
`Corporation
`1358 West Georgia Street RPO BOX 76025
`Vancouver, BC V6E 4S2
`CANADA
`
`USA
`
`Correspondence
`information
`
`Marco D'Amici
`President
`FGN USA INC
`1358 West Georgia Street RPO BOX 76025
`Vancouver, BC V6E 4S2
`CANADA
`marco@apr15.ca Phone:604 787 6314
`Applicant Information
`
`85027022
`11/02/2010
`
`NONE
`
`Application No
`Opposition Filing
`Date
`International
`Registration No.
`Applicant
`
`Publication date
`Opposition
`Period Ends
`International
`Registration Date
`Trans Research International Trust Limited
`78 Kinkora Dr
`Winnipeg, R3R2L6
`CANADA
`Goods/Services Affected by Opposition
`
`11/02/2010
`12/02/2010
`
`NONE
`
`Class 005. First Use: 2009/01/01 First Use In Commerce: 2009/05/01
`All goods and services in the class are opposed, namely: Topical pain relief medication; Topical pain
`relief cream; Anti-inflammatory cream
`
`Grounds for Opposition
`
`Immoral or scandalous matter
`Deceptiveness
`False suggestion of a connection
`Priority and likelihood of confusion
`The mark is merely descriptive
`Torres v. Cantine Torresella S.r.l.Fraud
`
`Trademark Act section 2(a)
`Trademark Act section 2(a)
`Trademark Act section 2(a)
`Trademark Act section 2(d)
`Trademark Act section 2(e)(1)
`808 F.2d 46, 1 USPQ2d 1483 (Fed. Cir. 1986)
`
`Marks Cited by Opposer as Basis for Opposition
`
`

`
`U.S. Registration
`No.
`Registration Date
`
`3819519
`
`07/13/2010
`
`Word Mark
`Design Mark
`
`APR15
`
`Application Date
`
`04/30/2009
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`U.S. Application/
`Registration No.
`Registration Date
`Design Mark
`
`NONE
`
`Class 005. First use: First Use: 2010/01/01 First Use In Commerce: 2010/01/01
`Pain relief medication
`
`NONE
`
`NONE
`
`Application Date
`
`NONE
`
`Goods/Services
`
`APR15 - TOPICAL PAIN RELIEF CREAM REGISTERED WITH FDA
`- 2005 NATIONAL DRUG CODE - 13906-2139-1
`
`

`
`U.S. Application/
`Registration No.
`Registration Date
`Design Mark
`
`NONE
`
`NONE
`
`Application Date
`
`NONE
`
`Goods/Services
`
`APR15 - TOPICAL PAIN RELIEF CREAM REGISTERED WITH FDA
`- 2005 NATIONAL DRUG CODE - 13906-2139-1
`
`Related
`Proceedings
`
`Attachments
`
`CIPO - REGISTRATION NUMBER: TMA665964 APPLICATION NUMBER:
`1247850
`
`77726087#TMSN.jpeg ( 1 page )( bytes )
`APR15 - TPR20.jpg
`APR15 - TPR201.jpg
`TPR20 TRADEMARK OPPOSE.txt ( 1 page )(321 bytes )
`
`Certificate of Service
`
`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.
`
`Signature
`Name
`Date
`
`/MARCO DAMICI/
`Marco D'Amici
`11/02/2010
`
`

`
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`9j{SOWAL GAIN

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