Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA631181
`ESTTA Tracking number:
`10/06/2014
`
`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
`Granted to Date
`of previous ex-
`tension
`Address
`
`XELLIA PHARMACEUTICALS ApS
`10/05/2014
`
`Dalslandsgade 11
`Copenhagen, S DK2300
`DENMARK
`
`Attorney informa-
`tion
`
`Danielle I. Mattessich
`Merchant & Gould P.C.
`P.O. Box 2910
`MINNEAPOLIS, MN 55402
`UNITED STATES
`dmattessich@merchantgould.com, aavery@merchantgould.com, dockm-
`pls@merchantgould.com Phone:612.332.5300
`Applicant Information
`
`86067225
`10/06/2014
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`Publication date
`Opposition Peri-
`od Ends
`Medical Devices and Services, Inc.
`c/o Sandra F. Singer, Esq.
`New York, NY 10107
`UNITED STATES
`Goods/Services Affected by Opposition
`
`04/08/2014
`10/05/2014
`
`Class 010. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: A kit for drawing blood from the body, sep-
`arating out the platelets, and harvesting the platelets for reinjection into the body for nonsurgical cos-
`metic and aesthetic treatment, that consists of blood component separation apparatus for medical
`purposes
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`Dilution
`
`Trademark Act section 2(d)
`Trademark Act section 43(c)
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`4381514
`
`08/13/2013
`
`Application Date
`
`10/14/2009
`
`Foreign Priority
`
`05/12/2009
`
`

`
`Word Mark
`Design Mark
`
`XELLIA
`
`Date
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 001. First use: First Use: 0 First Use In Commerce: 0
`Chemicals used in industry and science,namely, antibiotic, anti-infective, anti-
`viral, anti-fungal and anti-inflammatory active pharmaceutical ingredients foruse
`in the pharmaceutical and veterinary industry; bulk chemicals for use in the man-
`ufacture of pharmaceutical and veterinary preparations
`Class 005. First use: First Use: 0 First Use In Commerce: 0
`Pharmaceutical and veterinary preparations,namely, anti-infective, anti-viral, an-
`tibiotic,anti-fungal and anti-inflammatory preparations in bulk and finished
`dosage form for medical and veterinary purposes, not for use as finished dia-
`gnostic preparations and specifically excluding finished pharmaceutical prepara-
`tions in the form of tablets as well as cardiovascular finished pharmaceutical
`preparations; sanitary preparations for medicalpurposes, not for use as finished
`diagnostic preparations; dietetic substances adapted for medical use, namely,
`foods;disinfectants for sanitary and medical purposes;preparations for destroy-
`ing vermin; fungicides;herbicides
`Class 010. First use: First Use: 0 First Use In Commerce: 0
`Medical apparatus for introducing pharmaceutical preparations into the human
`body, specifically excluding cardiovascular preparations
`Class 042. First use: First Use: 0 First Use In Commerce: 0
`Medical and scientific research services in the field of anti-infectives, anti-virals,
`antibiotics, anti-fungals and anti-inflammatories; pharmaceutical, pharmaceutical
`ingredient and chemical development services; chemical and pharmaceutical re-
`search services and pharmaceuticaldrug development services; design and de-
`velopment of computer software for use in relation to medical services
`
`Attachments
`
`79075436#TMSN.png( bytes )
`CELLIA NOO.PDF(99370 bytes )
`XELLIA TSDR Report.PDF(42423 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
`
`/daniellemattessich/
`Danielle I. Mattessich
`10/06/2014
`
`

`
`M&G 60361.0005USTB
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
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`
`
`Opposition No._______________
`
`
`Mark: CELLIA
`
`Serial No. 86/067225
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`Xellia Pharmaceuticals ApS
`)
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`Opposer,
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`v.
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`Medical Devices and Services, Inc., )
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`Applicant.
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`NOTICE OF OPPOSITION
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`Xellia Pharmaceuticals ApS, a limited liability company duly organized and existing
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`
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`under the laws of Denmark, having an address of Dalslandsgade 11, Copenhagen S Denmark
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`DK2300, believes that it is or will be damaged by the registration of Trademark Application
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`Serial No. 86/067225 for the mark CELLIA, and hereby opposes said applications.
`
`
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`The grounds for opposition are as follows:
`
`1. Applicant, Medical Devices and Services, Inc., a corporation duly organized and
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`existing under the laws of Delaware, having an address of c/o Sandra F. Singer, Esq. 250 W.
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`57th Street, Suite 501 New York, NY 10107, filed an application for the mark CELLIA (Serial
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`No. 86/067225) on September 17, 2013 based on §1(b) of the Lanham Act for “a kit for drawing
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`blood from the body, separating out the platelets, and harvesting the platelets for reinjection into
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`the body for nonsurgical cosmetic and aesthetic treatment, that consists of blood component
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`separation apparatus for medical purposes” in International Class 10 (“Applicant’s Mark”).
`
`

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`2. Applicant’s Mark published for opposition on April 8, 2014. Opposer filed, and
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`the Board approved, extensions of time to oppose Applicant’s Mark until October 5, 2014. This
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`Notice of Opposition is timely filed.
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`3. Since before Applicant’s September 17, 2013 filing date, Opposer has been using
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`the mark XELLIA in the U.S. and abroad in connection with a wide variety of pharmaceutical and
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`medical products, and related services.
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`4. Opposer is the owner of U.S. Registration No. 4381514 for the mark XELLIA in
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`connection with the following goods and services (“Opposer’s goods and services”):
`
`
`
`Chemicals used in industry and science, namely, antibiotic, anti-infective, anti-
`viral, anti-fungal and anti-inflammatory active pharmaceutical ingredients for use
`in the pharmaceutical and veterinary industry; bulk chemicals for use in the
`manufacture of pharmaceutical and veterinary preparations, in International Class
`1.
`
`
`Pharmaceutical and veterinary preparations, namely, anti-infective, anti-viral,
`antibiotic, anti-fungal and anti-inflammatory preparations in bulk and finished
`dosage form for medical and veterinary purposes, not for use as finished
`diagnostic preparations and specifically excluding finished pharmaceutical
`preparations in the form of tablets as well as cardiovascular finished
`pharmaceutical preparations; sanitary preparations for medical purposes, not for
`use as finished diagnostic preparations; dietetic substances adapted for medical
`use, namely, foods; disinfectants for sanitary and medical purposes; preparations
`for destroying vermin; fungicides; herbicides, in International Class 5.
`
`Medical apparatus for introducing pharmaceutical preparations into the human
`body, specifically excluding cardiovascular preparations, in International Class
`10.
`
`Medical and scientific research services in the field of anti-infectives, anti-virals,
`antibiotics, anti-fungals and anti-inflammatories; pharmaceutical, pharmaceutical
`ingredient and chemical development services; chemical and pharmaceutical
`research services and pharmaceutical drug development services; design and
`development of computer software for use in relation to medical services, in
`International Class 42.
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`

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`U.S. Registration No. 4381514 registered on August 13, 2013 under §66A of the Lanham
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`Act (and was filed on October 14, 2009).
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`5. Opposer’s XELLIA Mark has not been cancelled, is valid and is now in full force
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`and effect.
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`6. Opposer adopted and began using Opposer’s Mark before Applicant applied for
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`federal registration of Applicant’s Mark in the United States.
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`7. Opposer has advertised and promoted Opposer’s L Marks extensively. Opposer
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`has also made substantial sales of products and services under said Opposer’s Mark. As a result
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`of such use and promotion, Opposer’s Mark has developed, and represents, valuable goodwill
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`inuring to the benefit of Opposer.
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`8. Opposer’s Mark is well known in the relevant industry.
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`9. The filing date, registration date and dates of first use of Opposer’s Mark predates
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`Applicant's filing date and use (if any) of Applicant’s CELLIA Mark; priority is not an issue.
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`Opposer’s use has been valid and continuous since its date of first use and has not been
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`abandoned. Opposer’s prior and continuous use of Opposer’s Mark renders Opposer the prior
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`user of Opposer’s Mark with exclusive rights to use said marks in commerce on Opposer’s
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`goods and services. Applicant’s Mark is intended for use on goods that are highly related to the
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`goods specified in the registration of Opposer’s Mark and is within Opposer’s normal field of
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`expansion.
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`10. Upon information and belief, Applicant had knowledge of the fact that Opposer
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`used and registered Opposer’s Mark before it adopted Applicant’s Mark.
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`11. Applicant’s Mark is highly similar in overall appearance and sound to Opposer’s
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`Mark.
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`

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`12. Applicant’s alleged goods are closely related to the goods and services marketed
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`and sold by Opposer in connection with Opposer’s Mark, and for which Opposer owns a
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`registration. For example, kits for drawing blood are commonly used when rendering
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`pharmaceutical research services and pharmaceutical drug development services. For these and
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`other reasons, the goods and services of the parties are closely related.
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`13. Upon information and belief, Opposer’s goods and Applicant’s goods will be
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`offered in the same channels of trade to the same consumers or class of consumers.
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`14. In view of the similarity of the parties’ marks in overall appearance and sound,
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`and the related nature of the goods and services of the respective parties, Applicant’s Mark so
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`resembles Opposer's Mark so as to result in a likelihood of confusion regarding the sources of
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`the respective goods and services.
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`15. Opposer’s Mark is symbolic of extensive good will and consumer recognition
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`built up by Opposer through substantial amounts of time and effort in advertising and promotion.
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` In view of the similarity of the respective marks and the similar nature of the goods and services
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`of the respective parties, Applicant’s Mark so resemble Opposer's Mark as to be likely to cause
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`confusion, or to cause mistake or to deceive.
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`16.
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` Because the goods and services are highly related, and that the marks are
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`confusingly similar, use and registration of Applicant’s Mark is likely to cause confusion,
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`mistake, or deception that Applicant’s goods are those of Opposer, or are otherwise endorsed,
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`sponsored, or approved by Opposer for use with Opposer’s products causing further damage to
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`Opposer.
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`17. Use and registration of Applicant’s mark is likely to dilute the distinctiveness of
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`Opposer’s Mark.
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`

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` 18. Registration of Applicant’s Mark will result in damage to Opposer under the
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`provisions of Section 2 of the U.S. Trademark Act, 15 U.S.C. Sections 1052 and 1125 pursuant
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`to the allegations stated above.
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`
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`WHEREFORE, Opposer prays that registration of Applicant’s Mark be refused under
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`15 U.S.C. § 1063 and that this Opposition be sustained in favor of Opposer.
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`
`
`
`
`Please direct all correspondence to:
`
`Danielle I. Mattessich
`MERCHANT & GOULD P.C.
`P.O. Box 2910
`Minneapolis, MN 55402
`
`The Opposer herein appoints Danielle I. Mattessich, Scott Johns, Brian H. Batzli, John A.
`
`Clifford, Andrew Ehard, Christopher Schulte, Gregory C. Golla, Dana P. Jozefczyk and its
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`attorneys to transact all business in the U.S. Patent and Trademark Office related to this matter
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`with full power of substitution.
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`
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`Accompanying the signed copy of this Notice of Opposition is the requisite filing fee.
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`Please charge any excess fees or credit any overpayment to the Deposit Account No. 13-2725 of
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`Xellia Pharmaceuticals ApS
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`By its attorneys,
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`Danielle I. Mattessich
`MERCHANT & GOULD P.C.
`P.O. Box 2910
`Minneapolis, MN 55402
`(612) 336-4725
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`Opposer’s counsel noted below.
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`October 6, 2014
`________________________
`Date
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`CERTIFICATE OF SERVICE
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`
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`I hereby certify that a true and complete copy of the foregoing Notice of Opposition has
`been served on Applicant’s counsel referenced below by First Class Mail, postage pre-paid, this
`6th day of October, 2014:
`
`
`JESSICA R. FRIEDMAN
`ATTORNEY AT LAW
`6 E 39TH ST FL 6
`NEW YORK, NY 10016-0112
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`__________________________________
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`Danielle I. Mattessich
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`

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`Generated on: This page was generated by TSDR on 2014-10-06 14:54:02 EDT
`
`Mark: XELLIA
`
`US Serial Number: 79075436
`
`US Registration Number: 4381514
`
`Register: Principal
`
`Mark Type: Trademark, Service Mark
`
`Application Filing Date: Oct. 14, 2009
`
`Registration Date: Aug. 13, 2013
`
`Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.
`
`Status Date: Aug. 13, 2013
`
`Publication Date: Jan. 18, 2011
`
`
`
`Mark Literal Elements: XELLIA
`
`Mark Information
`
`Standard Character Claim: Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`
`Mark Drawing Type: 4 - STANDARD CHARACTER MARK
`
`Translation: The wording "XELLIA" has no meaning in a foreign language.
`Related Properties Information
`
`International Registration
`Number:
`
`1019675
`
`International Registration
`Date:
`
`Oct. 14, 2009
`
`Goods and Services
`
`Note: The following symbols indicate that the registrant/owner has amended the goods/services:
`
`Brackets [..] indicate deleted goods/services;
`Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`Asterisks *..* identify additional (new) wording in the goods/services.
`
`For: Chemicals used in industry and science, namely, antibiotic, anti-infective, anti-viral, anti-fungal and anti-inflammatory active
`pharmaceutical ingredients for use in the pharmaceutical and veterinary industry; bulk chemicals for use in the manufacture of
`pharmaceutical and veterinary preparations
`
`International Class(es): 001 - Primary Class
`
`U.S Class(es): 001, 005, 006, 010, 026, 046
`
`Class Status: ACTIVE
`
`Basis: 66(a)
`
`For: Pharmaceutical and veterinary preparations,namely, anti-infective, anti-viral, antibiotic,anti-fungal and anti-inflammatory preparations in
`bulk and finished dosage form for medical and veterinary purposes, not for use as finished diagnostic preparations and specifically
`excluding finished pharmaceutical preparations in the form of tablets as well as cardiovascular finished pharmaceutical preparations;
`sanitary preparations for medical purposes, not for use as finished diagnostic preparations; dietetic substances adapted for medical
`use, namely, foods;disinfectants for sanitary and medical purposes;preparations for destroying vermin; fungicides;herbicides
`
`International Class(es): 005 - Primary Class
`
`U.S Class(es): 006, 018, 044, 046, 051, 052
`
`Class Status: ACTIVE
`
`Basis: 66(a)
`
`For: Medical apparatus for introducing pharmaceutical preparations into the human body, specifically excluding cardiovascular preparations
`
`International Class(es): 010 - Primary Class
`
`U.S Class(es): 026, 039, 044
`
`Class Status: ACTIVE
`
`Basis: 66(a)
`
`For: Medical and scientific research services in the field of anti-infectives, anti-virals, antibiotics, anti-fungals and anti-inflammatories;
`pharmaceutical, pharmaceutical ingredient and chemical development services; chemical and pharmaceutical research services and
`pharmaceutical drug development services; design and development of computer software for use in relation to medical services
`
`International Class(es): 042 - Primary Class
`
`U.S Class(es): 100, 101
`
`Class Status: ACTIVE
`
`Basis: 66(a)
`
`Basis Information (Case Level)
`
`

`
`Filed Use: No
`
`Filed ITU: No
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: Yes
`
`Filed No Basis: No
`
`Currently Use: No
`
`Currently ITU: No
`
`Currently 44D: No
`
`Currently 44E: No
`
`Currently 66A: Yes
`
`Amended Use: No
`
`Amended ITU: No
`
`Amended 44D: No
`
`Amended 44E: No
`
`Currently No Basis: No
`Current Owner(s) Information
`
`Owner Name: XELLIA PHARMACEUTICALS ApS
`
`Owner Address: Dalslandsgade 11
`Copenhagen S DK2300
`DENMARK
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`State or Country Where
`Organized:
`Attorney/Correspondence Information
`
`DENMARK
`
`Attorney of Record - None
`Correspondent
`
`Correspondent
`Name/Address:
`
`DANIELLE I MATTESSICH
`MERCHANT GOULD PC
`PO BOX 291080 S 8TH STREET
`SUITE 3200
`MINNEAPOLIS, MINNESOTA 55402
`UNITED STATES
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`Dec. 09, 2013
`Nov. 18, 2013
`Nov. 15, 2013
`Nov. 13, 2013
`Aug. 13, 2013
`Jul. 08, 2013
`Jul. 08, 2013
`Jul. 08, 2013
`May 14, 2013
`Oct. 05, 2012
`Jun. 04, 2011
`May 25, 2011
`May 17, 2011
`May 16, 2011
`May 14, 2011
`May 04, 2011
`May 04, 2011
`Feb. 17, 2011
`Jan. 18, 2011
`Dec. 29, 2010
`Dec. 15, 2010
`Dec. 14, 2010
`Dec. 14, 2010
`Dec. 14, 2010
`Dec. 13, 2010
`
`FINAL DECISION TRANSACTION PROCESSED BY IB
`FINAL DISPOSITION NOTICE SENT TO IB
`FINAL DISPOSITION PROCESSED
`FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB
`REGISTERED-PRINCIPAL REGISTER
`TTAB RELEASE CASE TO TRADEMARKS
`OPPOSITION TERMINATED NO. 999999
`OPPOSITION DISMISSED NO. 999999
`PAPER RECEIVED
`NEW REPRESENTATIVE AT IB RECEIVED
`REFUSAL PROCESSED BY IB
`NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB
`OPPOSITION INSTITUTED NO. 999999
`OPPOSITION NOTICE (IB REFUSAL) SENT TO IB
`OPPOSITION NOTICE (IB REFUSAL) CREATED
`NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB
`NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB
`EXTENSION OF TIME TO OPPOSE RECEIVED
`PUBLISHED FOR OPPOSITION
`NOTICE OF PUBLICATION
`LAW OFFICE PUBLICATION REVIEW COMPLETED
`APPROVED FOR PUB - PRINCIPAL REGISTER
`TEAS/EMAIL CORRESPONDENCE ENTERED
`CORRESPONDENCE RECEIVED IN LAW OFFICE
`TEAS REQUEST FOR RECONSIDERATION RECEIVED
`
`Proceeding
`Number
`
`68359
`
`199863
`199863
`199863
`
`199863
`
`73787
`
`73787
`73787
`
`

`
`76509
`73787
`73787
`73787
`
`72589
`
`76509
`76509
`
`Oct. 22, 2010
`Jul. 16, 2010
`Jul. 15, 2010
`Jul. 13, 2010
`Jul. 13, 2010
`Jul. 10, 2010
`Jun. 22, 2010
`Feb. 12, 2010
`Jan. 20, 2010
`Jan. 20, 2010
`Jan. 20, 2010
`Jan. 19, 2010
`Jan. 18, 2010
`Dec. 11, 2009
`Dec. 07, 2009
`Dec. 04, 2009
`Dec. 04, 2009
`
`CHANGE OF OWNER RECEIVED FROM IB
`FINAL REFUSAL MAILED
`FINAL REFUSAL WRITTEN
`TEAS/EMAIL CORRESPONDENCE ENTERED
`CORRESPONDENCE RECEIVED IN LAW OFFICE
`ASSIGNED TO LIE
`TEAS RESPONSE TO OFFICE ACTION RECEIVED
`REFUSAL PROCESSED BY IB
`NON-FINAL ACTION MAILED - REFUSAL SENT TO IB
`REFUSAL PROCESSED BY MPU
`NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW
`NON-FINAL ACTION WRITTEN
`ASSIGNED TO EXAMINER
`APPLICATION FILING RECEIPT MAILED
`NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
`CORRECTION TRANSACTION RECEIVED FROM IB
`SN ASSIGNED FOR SECT 66A APPL FROM IB
`International Registration Information (Section 66a)
`
`International Registration
`Number:
`
`1019675
`
`Priority Claimed Flag: Yes
`
`International Registration
`Date:
`
`Oct. 14, 2009
`
`Date of Section 67 Priority
`Claim:
`
`May 12, 2009
`
`Intl. Registration Status: REQUEST FOR EXTENSION OF PROTECTION
`PROCESSED
`
`Date of International
`Registration Status:
`
`Dec. 04, 2009
`
`Notification of
`Designation Date:
`
`Dec. 03, 2009
`
`International Registration
`Renewal Date:
`
`Oct. 14, 2019
`
`First Refusal Flag: Yes
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`Date of Automatic
`Protection:
`
`Jun. 03, 2011
`
`TM Staff and Location Information
`
`TM Staff Information - None
`File Location
`
`Current Location: PUBLICATION AND ISSUE SECTION
`Date in Location: Aug. 13, 2013
`Assignment Abstract Of Title Information
`
`Summary
`
`Total Assignments: 1
`
`Conveyance: CHANGE OF NAME
`
`Reel/Frame: 4302/0933
`
`Date Recorded: Oct. 22, 2010
`
`Supporting Documents: assignment-tm-4302-0933.pdf
`
`Assignment 1 of 1
`
`Registrant: XELLIA PHARMACEUTICALS ApS
`
`
`Pages: 2
`
`Name: AXELLIA PHARMACEUTICALS APS
`
`Execution Date: Sep. 02, 2010
`
`Assignor
`
`Legal Entity Type: UNKNOWN
`
`Name: XELLIA PHARMACEUTICALS APS
`
`Legal Entity Type: UNKNOWN
`
`Address: DALSLANDSGADE 11
`DK-2300 COPENHAGEN S, DENMARK
`
`State or Country Where
`Organized:
`
`DENMARK
`
`Assignee
`
`State or Country Where
`Organized:
`
`No Place Where Organized Found
`
`Correspondent
`
`

`
`Correspondent Name: XELLIA PHARMACEUTICALS APS
`
`Correspondent Address: DALSLANDSGADE 11
`DK-2300 COPENHAGEN S
`DENMARK
`
`Domestic Representative - Not Found
`Proceedings
`
`Summary
`
`Number of Proceedings: 2
`
`Proceeding Number: 91199863
`
`Status: Terminated
`
`Interlocutory Attorney: ANDREW P BAXLEY
`
`Type of Proceeding: Opposition
`
`
`
`Filing Date: May 13, 2011
`
`Status Date: Jul 08, 2013
`
`Defendant
`
`Name: Xellia Pharmaceuticals ApS
`
`Correspondent Address: DANIELLE I MATTESSICH
`MERCHANT GOULD PC
`PO BOX 291080 S 8TH STREET, SUITE 3200
`MINNEAPOLIS MN , 55402
`UNITED STATES
`
`Correspondent e-mail: dmattessich@merchantgould.com , dockmpls@merchantgould.com
`
`Associated marks
`
`Mark
`
`XELLIA
`
`Application Status
`
`Serial Number
`
`Registered
`
`79075436
`
`Registration
`Number
`4381514
`
`Plaintiff(s)
`
`Name: MSD International GmbH
`
`Correspondent Address: CHRISTOPHER BOLINGER
`MERCK CO INC
`126 E LINCOLN AVENUE
`RAHWAY NJ , 07065
`UNITED STATES
`
`Correspondent e-mail: debra.greene@merck.com , christopher.bolinger@merck.com
`
`Associated marks
`
`Mark
`
`ZETIA
`
`Entry
`Number
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`
`Application Status
`
`Serial Number
`
`Renewed
`Prosecution History
`
`76306514
`
`Registration
`Number
`2787086
`
`Due Date
`
`Jun 26, 2011
`
`History Text
`
`FILED AND FEE
`
`NOTICE AND TRIAL DATES SENT; ANSWER DUE:
`
`PENDING, INSTITUTED
`
`STIPULATION FOR AN EXTENSION OF TIME
`
`EXTENSION OF TIME GRANTED
`
`STIPULATION FOR AN EXTENSION OF TIME
`
`EXTENSION OF TIME GRANTED
`
`STIPULATION FOR AN EXTENSION OF TIME
`
`EXTENSION OF TIME GRANTED
`
`STIPULATION FOR AN EXTENSION OF TIME
`
`EXTENSION OF TIME GRANTED
`
`STIPULATION FOR AN EXTENSION OF TIME
`
`EXTENSION OF TIME GRANTED
`
`CHANGE OF CORRESPONDENCE ADDRESS
`
`STIP TO SUSPEND PEND SETTLEMENT NEGOTNS
`
`SUSPENDED
`
`CHANGE OF CORRESPONDENCE ADDRESS
`
`Date
`
`May 13, 2011
`May 17, 2011
`May 17, 2011
`Jun 22, 2011
`Jun 24, 2011
`Aug 17, 2011
`Aug 17, 2011
`Oct 18, 2011
`Oct 18, 2011
`Nov 18, 2011
`Nov 18, 2011
`Dec 19, 2011
`Dec 19, 2011
`Jan 19, 2012
`Jan 19, 2012
`Jan 19, 2012
`Jan 19, 2012
`
`

`
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`29
`30
`31
`32
`33
`34
`35
`36
`37
`38
`39
`40
`
`STIPULATION FOR AN EXTENSION OF TIME
`
`EXTENSION OF TIME GRANTED
`
`STIPULATION FOR AN EXTENSION OF TIME
`
`EXTENSION OF TIME GRANTED
`
`STIPULATION FOR AN EXTENSION OF TIME
`
`EXTENSION OF TIME GRANTED
`
`STIPULATION FOR AN EXTENSION OF TIME
`
`EXTENSION OF TIME GRANTED
`
`D MOT FOR EXT W/ CONSENT
`
`EXTENSION OF TIME GRANTED
`
`D'S MOT FOR EXTEN. OF TIME W/ CONSENT
`
`EXTENSION OF TIME GRANTED
`
`P'S MOTION TO JOIN/SUBSTITUTE PARTY
`
`D'S MOT FOR EXTEN. OF TIME W/ CONSENT
`
`EXTENSION OF TIME GRANTED
`
`STIP TO SUSP PEND SETTL NEGOTIATIONS
`
`SUSPENDED
`
`STIP TO AMEND APP AND MOT TO RESUME
`
`RESPONSE DUE 30 DAYS (DUE DATE)
`
`TRIAL DATES REMAIN AS SET
`
`W/DRAW OF OPPOSITION
`
`BD DECISION: DISMISSED W/O PREJ
`
`Feb 13, 2012
`Feb 13, 2012
`Mar 19, 2012
`Mar 19, 2012
`Apr 16, 2012
`Apr 16, 2012
`Jun 12, 2012
`Jun 12, 2012
`Aug 14, 2012
`Aug 14, 2012
`Oct 18, 2012
`Oct 18, 2012
`Dec 11, 2012
`Dec 12, 2012
`Dec 12, 2012
`Mar 15, 2013
`Mar 15, 2013
`Apr 04, 2013
`May 14, 2013
`Jun 14, 2013
`Jun 17, 2013
`Jul 08, 2013
`Jul 08, 2013
`Type of Proceeding: Extension of Time
`Filing Date: Feb 17, 2011
`
`Jun 13, 2013
`
`TERMINATED
`
`Proceeding Number: 79075436
`
`Status: Terminated
`
`Interlocutory Attorney:
`
`Status Date: May 18, 2011
`
`Defendant
`
`Name: Xellia Pharmaceuticals ApS
`
`Correspondent Address: MAQS LAW FIRM ADVOKATAKTIESELSKAB
`PILESTRAEDE 58
`DK-1112 COPENHAGEN K DENMARK
`
`Associated marks
`
`Mark
`
`XELLIA
`
`Application Status
`
`Serial Number
`
`Registered
`Potential Opposer(s)
`
`79075436
`
`Registration
`Number
`4381514
`
`Name: MSP Singapore Company, LLC
`
`Correspondent Address: DEBRA A SHELINSKY GREENE
`MERCK & CO INC
`ONE MERCK DRIVE
`WHITEHOUSE STATION NJ , 08889-0100
`UNITED STATES
`
`Correspondent e-mail: debra.greene@merck.com , TrademarkUS1@merck.com , lynn.brumfield@merck.com
`
`Associated marks
`
`Mark
`
`Entry
`Number
`
`1
`2
`
`Application Status
`
`Serial Number
`
`History Text
`
`INCOMING - EXT TIME TO OPPOSE FILED
`
`EXTENSION OF TIME GRANTED
`
`Prosecution History
`
`Date
`
`Feb 17, 2011
`Feb 17, 2011
`
`Registration
`Number
`
`Due Date