Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA732575
`03/10/2016
`
`ESTTA Tracking number:
`
`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 parties oppose registration of the indicated application.
`
`Opposers Information
`
`Name
`
`Entity
`
`Address
`
`Name
`
`Entity
`
`Address
`
`Alpex Pharma SA
`
`Corporation
`
`Via Cantonale
`Mezzovico, CH 6805
`SWITZERLAND
`
`Alpex Pharma SA
`
`Corporation
`
`Via Cantonale
`Mezzovico, CH 6805
`SWITZERLAND
`
`Citizenship
`
`Switzerland
`
`Citizenship
`
`Switzerland
`
`Attorney informa-
`tion
`
`Jeffrey Goehring
`Young & Thompson
`209 Madison St.
`Alexandria, VA 22314
`UNITED STATES
`jgoehring@young-thompson.com Phone:7035216590
`
`Applicant Information
`
`Application No
`
`86705282
`
`Publication date
`
`02/09/2016
`
`Opposition Filing
`Date
`
`International Re-
`gistration No.
`
`Applicant
`
`03/10/2016
`
`NONE
`
`Opposition Peri-
`od Ends
`
`International Re-
`gistration Date
`
`03/10/2016
`
`NONE
`
`Glaxo Group Limited
`980 Great West Road
`Brentford, Middlesex, TW89GS
`UNITED KINGDOM
`
`Goods/Services Affected by Opposition
`
`Class 005. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Pharmaceutical preparations and sub-
`stances for the treatment of damaged skin and tissue; Pharmaceutical preparations and substances
`for the treatment of infectious diseases, blood disorders, pain, inflammation, sepsis, alopecia, obesity
`and cognitive disorders; Pharmaceutical preparations and substances for the treatment of viral, meta-
`bolic, endocrine, musculoskeletal, cardiovascular, cardiopulmonary, genitourinary, sexual dysfunc-
`tion,oncological, hepatological, ophthalmic,respiratory, neurological, gastrointestinal, hormonal, der-
`matological, psychiatric and immune system related diseases and disorders; Vaccines
`
`Grounds for Opposition
`
`
`ESTTA732575
`03/10/2016
`
`ESTTA Tracking number:
`
`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 parties oppose registration of the indicated application.
`
`Opposers Information
`
`Name
`
`Entity
`
`Address
`
`Name
`
`Entity
`
`Address
`
`Alpex Pharma SA
`
`Corporation
`
`Via Cantonale
`Mezzovico, CH 6805
`SWITZERLAND
`
`Alpex Pharma SA
`
`Corporation
`
`Via Cantonale
`Mezzovico, CH 6805
`SWITZERLAND
`
`Citizenship
`
`Switzerland
`
`Citizenship
`
`Switzerland
`
`Attorney informa-
`tion
`
`Jeffrey Goehring
`Young & Thompson
`209 Madison St.
`Alexandria, VA 22314
`UNITED STATES
`jgoehring@young-thompson.com Phone:7035216590
`
`Applicant Information
`
`Application No
`
`86705282
`
`Publication date
`
`02/09/2016
`
`Opposition Filing
`Date
`
`International Re-
`gistration No.
`
`Applicant
`
`03/10/2016
`
`NONE
`
`Opposition Peri-
`od Ends
`
`International Re-
`gistration Date
`
`03/10/2016
`
`NONE
`
`Glaxo Group Limited
`980 Great West Road
`Brentford, Middlesex, TW89GS
`UNITED KINGDOM
`
`Goods/Services Affected by Opposition
`
`Class 005. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Pharmaceutical preparations and sub-
`stances for the treatment of damaged skin and tissue; Pharmaceutical preparations and substances
`for the treatment of infectious diseases, blood disorders, pain, inflammation, sepsis, alopecia, obesity
`and cognitive disorders; Pharmaceutical preparations and substances for the treatment of viral, meta-
`bolic, endocrine, musculoskeletal, cardiovascular, cardiopulmonary, genitourinary, sexual dysfunc-
`tion,oncological, hepatological, ophthalmic,respiratory, neurological, gastrointestinal, hormonal, der-
`matological, psychiatric and immune system related diseases and disorders; Vaccines
`
`Grounds for Opposition
`
`
`
`Priority and likelihood of confusion
`
`Trademark Act section 2(d)
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`3103109
`
`Registration Date
`
`06/13/2006
`
`Word Mark
`
`Design Mark
`
`ALPEX
`
`Application Date
`
`08/03/2004
`
`Foreign Priority
`Date
`
`08/02/2004
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 005. First use: First Use: 0 First Use In Commerce: 0
`Full line of pharmaceutical and veterinary preparations in the nature of antacids,
`antispasmodics and antiulcerants, laxatives, antidiarrhoeals, colorectal drugs
`and preparations, cardiac drugs, drugs for the treatment of disorders of the cent-
`ral nervous system, central nervous system stimulants, analgesics, antipyretics
`and anti-inflammatory drugs and preparations, muscle relaxants, hormonal, en-
`zymal and steroidal preparations, drugs affecting bone metabolism, drugs affect-
`ing the genitor-urinary system, diureticsand anti-diuretics, anti-infectives, anti-
`vitals and immunological drugs and preparations, nutritional supplements and
`electrolytes, vitamins and anabolic drugs or preparations, bronchodilators, anti-
`asthmatics, expectorants, anti-tussives, decongestants, mucolytics and respirat-
`ory stimulants, oropharyngeal, aural andocular preparations, anti-allergic drugs,
`hyposensitizing preparations, local and general anesthetics, contraceptives,
`drugs and preparations for the treatmentof dermatological disorders, neo-
`plasticagents, diagnostic agents, and dressings for wounds, burns and surgery
`Class 040. First use: First Use: 0 First Use In Commerce: 0
`Manufacture of pharmaceutical and veterinary preparations to order and spe-
`cification of others
`Class 042. First use: First Use: 0 First Use In Commerce: 0
`Chemical and pharmaceutical analysis and research services
`
`
`
`Attachments
`
`78461054#TMSN.png( bytes )
`2016-03-10 VUZALPEX Notice of Opposition.pdf(13576 bytes )
`
`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.
`
`Certificate of Service
`
`Signature
`
`/Jeff Goehring/
`
`Name
`
`Date
`
`Jeffrey Goehring
`
`03/10/2016
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Y&T Docket No. 2585-1001-1
`
`Alpex Pharma SA,
`
`Opposer,
`
`v.
`
`
`
`
`
`App. No. 86705282
`
`Mark: VUZALPEX
`
`Glaxo Group Limited,
`
`Published: February 9, 2016
`
`Applicant.
`
`
`
`NOTICE OF OPPOSITION
`
`Alpex Pharma SA (“Opposer”), a corporation organized and existing under the laws of
`
`Switzerland, with its principal place of business at Via Cantonale, Mezzovico Switzerland CH
`
`6805, believes it is or will be damaged by registration on the Principal Register of the mark
`
`VUZALPEX shown in Application No. 86705282 for various pharmaceutical preparations in
`
`International Class 005, and hereby opposes the same.
`
`
`
`As grounds for opposition, Opposer alleges:
`
`1.
`
`Opposer is now and has for many years been engaged in the development, marketing,
`
`advertising, distribution and sale of various products, among others, pharmaceutical preparations,
`
`as well as various related and complementary services.
`
`
`
`2.
`
`Opposer is the owner of the trademark and tradename APLEX, having used said name
`
`and mark continuously in interstate commerce on and in connection with its pharmaceutical
`
`goods and related services since long prior to the application date of Applicant’s U.S.
`
`Application No. 86705282 opposed herein.
`
`3.
`
`As a result of use, Opposer’s name and mark ALPEX has acquired goodwill,
`
`distinctiveness, and common law rights.
`
`4.
`
`Opposer is the owner of Federal registration No. 78461054 for ALPEX in standard
`
`characters for a full line of pharmaceutical preparations in class 005, pharmaceutical
`
`manufacturing services in class 040, and pharmaceutical analysis and research services in class
`
`042, which registered on June 13, 2006 from an application filed August 3, 2004, which claimed
`
`priority under 44(e) to a Swiss application filed August 2, 2004.
`
`5.
`
`Opposer’s common law and registered ALPEX mark (collectively “Opposer’s Mark”)
`
`has become valuable assets of Opposer, identifying its goods and services and distinguishing
`
`them from those of others.
`
`6.
`
`Applicant, a private limited shares company organized under the laws of England, whose
`
`address is 980 Great West Road, Brentford, Middlesex, England, TW89GS, filed U.S.
`
`Application No. 86705282 for the trademark VUZALPEX for:
`
`Pharmaceutical preparations and substances for the treatment of damaged skin
`and tissue; Pharmaceutical preparations and substances for the treatment of
`infectious diseases, blood disorders, pain, inflammation, sepsis, alopecia, obesity
`and cognitive disorders; Pharmaceutical preparations and substances for the
`treatment of viral, metabolic, endocrine, musculoskeletal, cardiovascular,
`cardiopulmonary, genitourinary, sexual dysfunction, oncological, hepatological,
`ophthalmic, respiratory, neurological, gastrointestinal, hormonal, dermatological,
`psychiatric and immune system related diseases and disorders; Vaccines
`
`
`
`in Int’l Class 005 on July 27, 2015 on the basis of 44(e) and 44(d) claiming priority to
`
`United Kingdom application No. 3099055 filed and registered March 13, 2015.
`
`Likelihood of Confusion under Trademark Act § 2(d)
`
`7.
`
`Opposer repeats and re-alleges each and every allegation contained in the above
`
`paragraphs.
`
`8.
`
`Applicant’s Mark so resembles Opposer’s Mark as to be likely, when applied to the
`
`goods of Applicant’s application, to cause confusion, mistake or deception among purchasers,
`
`users, and the public, as to the source or sponsorship of Applicant’s goods or the affiliation of
`
`Applicant with Opposer, thereby damaging Opposer.
`
`9.
`
`Applicant’s Mark is confusingly similar to Opposer’s Mark in sound, appearance and
`
`commercial impression.
`
`10.
`
`The goods in Applicant’s application are related to the goods and services used in
`
`connection with Opposer’s Mark and identified in Opposer’s Registration, and/or represent a
`
`natural zone of expansion for Opposer, and such goods would travel and/or be promoted through
`
`the same channels of trade for sale to, and use by, the same class of purchasers.
`
`WHEREFORE, Opposer respectfully requests that this opposition be sustained and
`
`Applicant’s application to register the mark VUZALPEX be denied in all respects.
`
`Dated: March 10, 2016
`
`
`
`
`
`
`
`By /Jeffrey M. Goehring/
`Jeffrey M. Goehring
`YOUNG & THOMPSON
`209 Madison Street, Suite 500
`Alexandria, Virginia 22314
`703-521-2297
`
`Attorney for Opposer
`
`
`
`CERTIFICATE OF ELECTRONIC FILING
`
`AND STANDBY AUTHORIZATION TO CHARGE DEPOSIT ACCOUNT
`
`
`
`
`
`I hereby certify that this Notice of Opposition is being filed with the TTAB via ESTTA
`
`on the date set forth below, and the $300 per class statutory filing fee paid. Please charge any
`
`deficiency or any additional fees in connection with this Notice of Opposition to Young &
`
`Thompson’s PTO Deposit Account No. 25-0120.
`
`Date: March 10, 2016
`
`
`
`/Jeffrey M. Goehring/
`Jeffrey M. Goehring
`
`CERTIFICATE OF SERVICE
`
`
`
`
`
`I hereby certify that a true and correct copy of the foregoing NOTICE OF
`
`OPPOSITION is being served on March 10, 2016, by deposit of same in the United States
`
`Mail, first class postage prepaid, in an envelope addressed to Applicant’s Attorney of Record
`
`at the address given on the TSDR website:
`
`
`ANGELA L. WILSON
`GLAXOSMITHKLINE
`5 MOORE DRIVE, LGTM, 5.5A
`RESEARCH TRIANGLE PARK, NORTH CAROLINA UNITED STATES 27709
`
`
`
`/Jeffrey M. Goehring/
`Jeffrey M. Goehring
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