`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`General Contact Number: 571-272-8500
`
`
`
`
`
`
`
`
`
`Mailed: August 19, 2014
`
`Opposition No. 91216289
`
`JPI Commercial, LLC
`
`
`
`
`
`vw/apb
`
`
`
`
`
`
`v.
`
`Novartis AG
`
`
`By the Trademark Trial and Appeal Board:
`
`On July 14, 2014, applicant filed the parties’ stipulation to the
`
`amendment of the identification of goods in applicant’s involved application
`
`Serial No. 86036708 and to the dismissal of the opposition “with the consent of
`
`the applicant” upon entry of the amendment.1
`
`By the proposed amendment, the parties seek to amend the identification
`
`of goods in International Class 5 by deleting the wording “Pharmaceutical
`
`preparations acting on the central nervous system;” and adding the wording “;
`
`all of the foregoing excluding pharmaceutical preparations for the treatment of
`
`sleep disorders or neurological disorders.” With the proposed amendment, the
`
`identification
`
`reads
`
`as
`
`follows:
`
`"Anti-infectives; Anti-inflammatories;
`
`Antibacterial pharmaceuticals; Antibiotics; Antifungal preparations; Antivirals;
`
`1 The stipulation was not accompanied by a red-line version of the proposed amendment
`which clearly indicates exactly what changes are proposed. The Board recommends
`submission of a red-lined copy of the proposed amendment showing the proposed changes
`along with a clean copy of the proposed amendment, particularly if a lengthy identification of
`goods is involved. Such a submission will assist Board personnel in the review and entry of
`the amendment. See TBMP Section 514.01 (2014).
`
`
`
`
`
`Opposition No. 91216289
`
`Cardiovascular pharmaceuticals; Dermatological pharmaceutical products;
`
`Inhaled pharmaceutical preparations for the treatment of respiratory diseases
`
`and disorders; Pharmaceutical preparations and substances for the treatment of
`
`gastro-intestinal diseases; Pharmaceutical preparations for the treatment and
`
`prevention of diseases and disorders of the autoimmune system, the metabolic
`
`system,
`
`the musculo-skeletal system and
`
`the genitourinary system;
`
`pharmaceutical preparations for use in hematology and in tissue and organ
`
`transplantation; Pharmaceutical preparations for the treatment of eye diseases
`
`and conditions; Pharmaceutical preparations for the treatment of heart rhythm
`
`disorders; Pharmaceutical preparations for the treatment of immune system
`
`related diseases and disorders; Pharmaceutical preparations for the treatment of
`
`kidney diseases; Pharmaceutical preparations
`
`for
`
`treating diabetes;
`
`Pharmaceutical preparations
`
`for
`
`treating hypertension; Pharmaceutical
`
`preparations for treating skin disorders; Pharmaceutical preparations for use in
`
`dermatology; Pharmaceutical preparations for use in urology; Pharmaceutical
`
`products for ophthalmological use; Pharmaceutical products for the prevention
`
`and treatment of cancer; Pharmaceutical products for the treatment of bone
`
`diseases; Pharmaceutical products
`
`for
`
`treating
`
`respiratory diseases;
`
`Pharmaceutical products for treating respiratory diseases and asthma; all of the
`
`foregoing excluding pharmaceutical preparations for the treatment of sleep
`
`disorders or neurological disorders."
`
`
`
`2
`
`
`
`Opposition No. 91216289
`
`
`The amendment is limiting in nature, as required by Trademark Rule
`
`2.71(a). Because opposer consents thereto, it is approved and entered. See
`
`Trademark Rule 2.133(a). In view of such entry, the opposition is dismissed
`
`without prejudice. See Trademark Rule 2.106(c).
`
`
`
`
`
`3