UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
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` Mailed: January 28, 2014
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` Opposition No. 91211601
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`Pure & Natural Company
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`v.
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`BIAL-Portela & Ca., S.A.
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`dmd/coggins
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`On December 19, 2013, applicant filed a consented motion
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`to amend subject application Serial No. 85583401, and on
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`December 20, 2013, opposer filed a stipulated withdrawal of
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`the opposition without prejudice. In view of the nature of
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`the filings, the Board construes the withdrawal to be
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`contingent upon entry of the amendment.
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` By the proposed amendment applicant seeks to delete the
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`wording “anit-infectives, anti-bacterials” from Class 51 so
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`the resulting identification of goods will read as:
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`Pharmaceutical preparations for the treatment of
`cardiovascular diseases, urological disorders,
`gastrointestinal disorders, allergies, diabetes,
`hypertension, erectile dysfunction, sexual dysfunction,
`stroke, cancer, migraines, obesity and respiratory
`diseases, fungal disorders; pharmaceutical preparations,
`namely, anti-inflammatory analgesics; pharmaceutical
`preparations, namely, cholesterol reducers, smoking
`cessation preparations, tissue and skin repair
`preparations; pharmaceutical preparations, namely,
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`1 Class 42, which is unopposed, remains unchanged.
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`Opposition No. 91211601
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`decongestants and anti-histamines; pharmaceutical
`preparations for the treatment of pains, cough, fever,
`angina, otorhinolaryngological diseases, gastric and
`liver illnesses, heart illnesses, arterial and venous
`illnesses, rheumatic illnesses; anaesthetics; analgesics;
`frostbite salve for pharmaceutical purposes; hemorrhoid
`treatment preparations; pharmaceutical preparations for
`the treatment of headaches; medicines for alleviating
`constipation; contraceptive preparations; radiological
`contrast substances for medical purposes; diagnostic
`preparations for medical purposes; pharmaceuticals for
`the treatment of pain, fever, angina,
`otorhinolaryngological diseases, gastric and liver
`illnesses, heart illnesses, arterial and venous
`illnesses, rheumatic illnesses; pharmaceutical
`preparations for the treatment of diabetes, cancer;
`pharmaceutical preparations for the prevention and
`treatment of cancer, carcinomas and sarcomas;
`pharmaceutical preparations for the prevention and
`treatment of tumours of any description; pharmaceutical
`preparations, namely, platelet stimulating factors;
`pharmaceutical preparations for the treatment of the
`central nervous system, namely, encephalitis, epilepsy,
`bipolar disorder, neuropathic pain, migraine, generalized
`anxiety disorder, social phobia, diabetic neuropathies,
`panic disorder, postoperative pain, back pain,
`fibromyalgia, and postherpetic neuralgia, post-traumatic
`stress disorder, Parkinson's disease, Alzheimers;
`pharmaceutical preparations for the treatment of
`psychiatric diseases, namely, schizophrenia, anxiety
`disorders, mood disorders, cognitive disorders,
`depression, mania; pharmaceutical preparations and
`substances for the prevention and treatment of diseases
`and disorders of the respiratory system; pharmaceutical
`preparations for treatment of gout, namely, broncho-
`dilators and anti-asthmatic preparations; pharmaceutical
`preparations and substances for the prevention and
`treatment of diseases and disorders of the peripheral
`nervous system, cardiovascular system, gastro-intestinal
`system; prescription pharmaceutical preparations and
`substances for use in pain control, anesthesia, oncology;
`prescription pharmaceutical preparations and substances
`for the treatment and prevention of diabetes;
`pharmaceutical preparations and substances, namely,
`antibiotics, antivirals, antidiabetic preparations,
`nondepolarizing skeletal neuromuscular blocking agents,
`hemostatic agents, expectorants, anti-leukemia agents,
`anti-arrhythmics, dermatologicals and vasopressors;
`pharmaceutical preparations and substances for the
`treatment of cancer, HIV, obesity, and respiratory and
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`2
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`Opposition No. 91211601
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`urologic disorders and diseases; pharmaceutical
`preparations and substances for the treatment of acute
`ischemic stroke and traumatic brain injury (TBI);
`cerebral vasodilators; pharmaceutical preparations for
`the treatment of smooth muscle disorders, headaches,
`wrinkles, hyperhydrosis, sports injuries, namely, injured
`or torn skin, muscle, ligaments or bone, tremors, namely,
`spasmodic smooth, striated or cardiac muscles, and pain,
`namely, smooth muscle pain, striated muscle pain, cardiac
`muscle pain, neuropathic pain, inflammatory pain,
`visceral pain, chronic pain, acute pain, traumatic injury
`pain, referred pain, growing pain, hunger pain,
`intractable pain, labour pain, organic pain, phantom limb
`pain, postprandial pain, psychogenic pain, back pain,
`post-stroke pain, cancer pain, nociceptive pain, headache
`pain, prostatic pain, and bladder pain; pharmaceutical
`preparations for the treatment of muscle dystonias, nerve
`disorders, and spasmodic striated, smooth or cardiac
`muscles; pharmaceutical preparations for the treatment of
`cerebral palsy; pharmaceutical preparations, namely,
`muscle relaxants and anti-emetics, xanthine oxidase
`inhibitors; pharmaceutical preparations, namely,
`scabicides, anti-malarials.
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` Inasmuch as the amendment is limiting in nature as
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`required by Trademark Rule 2.71(a), and because opposer
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`consents thereto, it is approved and entered. See Trademark
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`Rule 2.133(a).
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`The contingency in opposer’s withdrawal having now been
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`met, the opposition is dismissed without prejudice.
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`By the Trademark Trial
`and Appeal Board
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`3