Reckitt Benckiser Inc. v. L. Perrigo Company, 91199979, No. 9 (T.T.A.B. Mar. 26, 2013)

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Reckitt Benckiser Inc. v. L. Perrigo Company, 91199979, No. 9 (T.T.A.B. Mar. 26, 2013)

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UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
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`Mailed: March 26, 2013
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`Opposition No. 91196998
`Opposition No. 91199979
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`Reckitt Benckiser Inc
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`v.
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`L. Perrigo Company
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`By the Trademark Trial and Appeal Board:
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`On January 22, 2013, opposer filed a motion for
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`partial summary judgment in Opposition No. 91199979 on the
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`ground that the involved mark, MUCUS-ER, “is descriptive of
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`expectorants.” In response, applicant “agrees that the
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`MUCUS-ER mark is descriptive.”
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`Applicant’s response essentially concedes the motion
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`for partial summary judgment. Accordingly, that motion is
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`granted as conceded. See Trademark Rule 2.127(a).
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`Opposition No. 91199979 is sustained, and judgment is
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`entered, on opposer’s claim under Trademark Act Section
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`2(e)(1), 15 U.S.C. Section 1052(e)(1), only. Registration
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`of applicant’s involved MUCUS-ER mark, which is subject of
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`intent-to-use application Serial No. 85201763, is refused.1
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`Proceedings in Opposition No. 91196998 are resumed,
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`and remaining dates in that proceeding are reset as
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`follows.
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`Plaintiff's Pretrial Disclosures Due
`Plaintiff's 30-day Trial Period Ends
`Defendant's Pretrial Disclosures Due
`Defendant's 30-day Trial Period Ends
`Plaintiff's Rebuttal Disclosures Due
`Plaintiff's 15-day Rebuttal Period Ends
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`4/16/2013
`5/31/2013
`6/15/2013
`7/30/2013
`8/14/2013
`9/13/2013
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`In each instance, a copy of the transcript of testimony,
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`together with copies of documentary exhibits, must be
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`served on the adverse party within thirty days after
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`completion of the taking of testimony. Trademark Rule
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`2.l25.
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`Briefs shall be filed in accordance with Trademark
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`Rules 2.128(a) and (b). An oral hearing will be set only
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`upon request filed as provided by Trademark Rule 2.l29.
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`If either of the parties or their attorneys should
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`have a change of address, the Board should be so informed
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`promptly.
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`1 In the motion for partial summary judgment, opposer asks that
`the Board sustain the opposition and refuse registration of the
`involved application. Accordingly, the Board will not reach the
`remaining claims in Opposition No. 91199979.
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`2

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