Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA790852
`12/21/2016
`
`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 party opposes registration of the indicated application.
`
`Opposer Information
`
`Name
`
`BAYER HEALTHCARE LLC
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`12/21/2016
`
`100 Bayer Road
`Pittsburg, PA 15205
`UNITED STATES
`
`Attorney informa-
`tion
`
`Richard J. Groos
`King & Spalding LLP
`401 Congress Avenue, Suite 3200
`Austin, TX 78701
`UNITED STATES
`rgroos@kslaw.com, bress@kslaw.com, emolson@kslaw.com, aotrade-
`mark@kslaw.com Phone:512.457.2018
`
`Applicant Information
`
`Application No
`
`79178455
`
`Publication date
`
`08/23/2016
`
`Opposition Filing
`Date
`
`International Re-
`gistration No.
`
`Applicant
`
`12/21/2016
`
`1278572
`
`Opposition Peri-
`od Ends
`
`International Re-
`gistration Date
`
`12/21/2016
`
`05/11/2015
`
`Alevere Limited
`103 Commercial Street, Rothwell
`
`UNITED KINGDOM
`
`Goods/Services Affected by Opposition
`
`Class 003. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Non-medicated toiletries; cosmetics; non-
`medicated skin care preparations; make-up; cosmetics for use in the treatment of wrinkled skin; anti-
`aging creams, non-medicated serums and lotions; sun creams; after sun creams; mascaras; lip
`plumping glosses, balms, non-medicated serumsand sticks; teeth whitening preparations containing
`carbamide peroxide for use in teeth whitening
`
`Class 005. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Dietary supplements and anti-dietetic pre-
`parations; dietetic foods and substances adapted for medical use, namely, amino acids and soy pro-
`tein; dietary supplements for humans consumption; health foodsupplements made principally of vit-
`amins or minerals; dietary supplements and anti-dietetic preparations that encourageweight loss; pro-
`tein supplements; aminoacid supplements; amino acids for medical purposes; amino acids for phar-
`maceutical purposes; medicated skin care preparations, namely, skin peels; pharmaceutical prepara-
`tions for skin care, namely, acid peels applied to the skin for the prevention of signs of aging; botulin-
`um toxin preparations for medical use in the treatment of skin aging; pharmaceutical preparations,
`
`

`

`namely, sclerosing drugs for the treatment of broken veins; carbamide peroxide for medical purposes
`
`Class 035. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Retail store services featuring toiletries,
`cosmetics, body cleaning and body care preparations, skin care preparations, make-up, cosmetics
`for use in the treatment of wrinkled skin, anti-aging preparations, anti-aging creams, serums and lo-
`tions, collagen preparations for cosmetic application, sun creams, after sun creams, mascaras, lip
`coatings, lip plumping glosses, balms, serums and sticks, dietary supplements and dietetic prepara-
`tions, medical preparations and articles to encourage weight loss and body shaping, improve skin
`condition, enhance lips, reduce signs of aging, remove body hair,reduce the appearance of broken
`veins, reduce cellulite, reduce scarring and reduce over-pigmentation of skin, dieteticfood and sub-
`stances adapted for medicaluse, dietary supplements for humans, health food supplements made
`principally of vitamins or minerals, dietary supplements and dietetic preparations that encourage
`weight loss, protein supplements, amino acid supplements, amino acids for medical purposes, acids
`for pharmaceutical purposes, medical skin peels, acid peels applied to the skin to reduce signs of
`aging, botulinum toxin preparations, sclerosing drugs, sclerosing drugs for the treatment of broken
`veins, carbamide peroxide and carbamide peroxide for use in teeth whitening; retail store services,
`mail order services and online retail store services featuring toiletries, cosmetics, body cleaning and
`beauty care preparations, skin care preparations, make-up, cosmetics for use in the treatment of
`wrinkled skin, anti-aging preparations, anti-aging creams, serums and lotions, collagen preparations
`for cosmetic applications, sun creams, after sun creams,mascaras, lip coatings, lip plumping glosses,
`balms, serums and sticks, dietarysupplements and dietetic preparations, medical preparations and
`articles to encourage weight loss and body shaping, improve skin condition, enhance lips, reduce
`signs of aging, remove body hair, reduce the appearance of broken veins, reduce cellulite, reduce
`scarring and reduce over-pigmentation of skin, dietetic foodand substances adapted for medical
`use,dietary supplements for humans, health food supplements made principally of vitamins or miner-
`als, dietary supplements and dietetic preparations that encourage weight loss, protein supplements,
`amino acid supplements, amino acids for medical purposes, acids for pharmaceutical purposes, med-
`ical skin peels, acid peels applied to the skin to reduce signs of aging, botulinum toxin preparations,
`sclerosing drugs, sclerosing drugs for the treatment of broken veins, carbamide peroxide and carb-
`amide peroxide for use in teeth whitening; advice, consultancy and information services relating to all
`of the aforesaid services
`
`Class 043. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Restaurant services for providing food and
`drink; catering; restaurant servicesfeaturing the provision of planned meals; provision of personalized
`meal planning services via one to one meetings in person; providing advice concerning cooking re-
`cipes; restaurant services featuring the preparation of food and drink; provision of food and drink in
`restaurants in managed varieties to optimise weight loss; providing personalized meal planning ser-
`vices via one to one meetings in person; providing personalized meal planning services to encourage
`weight loss via one to one meetings in person; catering services, namely, providing food and drink for
`preparation by others; consultancy, advisory and information services in relation to the aforesaid ser-
`vices
`
`Class 044. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Human healthcare services; hygienic and-
`beauty care for humans; beauty treatments services for skin tightening; cosmetic skin care services,
`namely, skin care treatments; medical clinic services; dentistry services; nursing care services; outpa-
`tient health care services; provision of health and medical information services; cosmetic surgery ser-
`vices; medical health assessment services for treatment, diagnostic, testing purposes; massage ther-
`apy services; nutrition and diet counseling services; providing healthy living and lifestyle information
`services via one to one meetings in person; dietary guidance; weight reduction diet planning and su-
`pervision; cosmetic body care services; non-surgical cosmetic and medical treatments of obesity and
`weight loss; permanent hair removal and reduction services; weight management services, namely,
`providing weight loss programs; teeth whitening services; non-surgical cosmetic and/or medical ser-
`vices in relation to weight loss, body shaping, skin treatment, lip enhancement, anti-aging, removal of
`body hair, reducing the appearance of broken veins, reducing the appearance of cellulite, reducing
`the appearance of scarring and reducing the over-pigmentation of skin, including sun-spots; providing
`weight loss program services; medical services for treatment of the skin, namely, treatment of skin
`laxity as aresult of weight loss; medical and cosmetic treatment services to improve skin condition;
`medical and cosmetic treatment service to reduce skin aging; medical and cosmetic treatment ser-
`vices to improve skin elasticity, firmness and/or tightness; medical and cosmetic treatment services to
`
`

`

`encourage collagen production;ultrasound therapy service for the treatment of weight loss, namely,
`skin laxity as a result of weight loss; ultrasoundtherapy services to enable weight loss and/or improve
`the appearance of skin; ultrasound therapy services to break downthe fat in skin cells; ultrasound
`therapy services to lift, tone and/or tightenloose or sagging skin; medical services, namely, removal
`of body cellulite; massages; massages to reduce cellulite; massages to encourage lymph drainage;
`laserhair removal services; skin care services, namely, microsclerotherapy, being aninjection based
`technique to treat broken veins; long term weight loss programsthat include cosmetic and/or medical
`treatments for treating obesity; facial treatment services, namely, cosmetic treatments in the form of
`chemical peels, non-surgical face lifts and botulinum toxininjections; teeth whitening services using
`laser teeth whitening technology; medical services, namely, aftercare services following medical and/
`or cosmetic treatments and programs; consultancy, advisory and information services relating tothe
`aforesaid services
`
`Applicant Information
`
`Application No
`
`79181452
`
`Publication date
`
`09/20/2016
`
`Opposition Filing
`Date
`
`International Re-
`gistration No.
`
`Applicant
`
`12/21/2016
`
`1285353
`
`Opposition Peri-
`od Ends
`
`International Re-
`gistration Date
`
`09/10/2015
`
`Alevere Limited
`103 Commercial Street, Rothwell
`
`UNITED KINGDOM
`
`Goods/Services Affected by Opposition
`
`Class 003. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Non-medicated toiletries; cosmetics; non-
`medicated skin care preparations; make-up; cosmetics for use in the treatment of wrinkled skin; anti-
`aging creams, non-medicated serums and lotions; sun creams; after sun creams; mascaras; lip
`plumping glosses, balms, non-medicated serumsand sticks; teeth whitening preparations containing
`carbamide peroxide for use in teeth whitening
`
`Class 005. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Dietary supplements and anti-dietetic pre-
`parations; dietetic foods and substances adapted for medical use, namely, amino acids and soy pro-
`tein; dietary supplements for humans consumption; health foodsupplements made principally of vit-
`amins or minerals; dietary supplements and anti-dietetic preparations that encourageweight loss; pro-
`tein supplements; aminoacid supplements; amino acids for medical purposes; amino acids for phar-
`maceutical purposes; medicated skin care preparations, namely, skin peels; pharmaceutical prepara-
`tions for skin care, namely, acid peels applied to the skin for the prevention of signs of aging; botulin-
`um toxin preparations for medical use in the treatment of skin aging; pharmaceutical preparations,
`namely, sclerosing drugs for the treatment of broken veins; carbamide peroxide for medical purposes
`
`Class 035. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Retail store services featuring toiletries,
`cosmetics, body cleaning and body care preparations, skin care preparations, make-up, cosmetics
`for use in the treatment of wrinkled skin, anti-aging preparations, anti-aging creams, serums and lo-
`tions, collagen preparations for cosmetic application, sun creams, after sun creams, mascaras, lip
`coatings, lip plumping glosses, balms, serums and sticks, dietary supplements and dietetic prepara-
`tions, medical preparations and articles to encourage weight loss and body shaping, improve skin
`condition, enhance lips, reduce signs of aging, remove body hair,reduce the appearance of broken
`veins, reduce cellulite, reduce scarring and reduce over-pigmentation of skin, dieteticfood and sub-
`stances adapted for medicaluse, dietary supplements for humans, health food supplements made
`principally of vitamins or minerals, dietary supplements and dietetic preparations that encourage
`weight loss, protein supplements, amino acid supplements, amino acids for medical purposes, acids
`for pharmaceutical purposes, medical skin peels, acid peels applied to the skin to reduce signs of
`aging, botulinum toxin preparations, sclerosing drugs, sclerosing drugs for the treatment of broken
`veins, carbamide peroxide and carbamide peroxide for use in teeth whitening; retail store services,
`
`

`

`mail order services and online retail store services featuring toiletries, cosmetics, body cleaning and
`beauty care preparations, skin care preparations, make-up, cosmetics for use in the treatment of
`wrinkled skin, anti-aging preparations, anti-aging creams, serums and lotions, collagen preparations
`for cosmetic applications, sun creams, after sun creams,mascaras, lip coatings, lip plumping glosses,
`balms, serums and sticks, dietarysupplements and dietetic preparations, medical preparations and
`articles to encourage weight loss and body shaping, improve skin condition, enhance lips, reduce
`signs of aging, remove body hair, reduce the appearance of broken veins, reduce cellulite, reduce
`scarring and reduce over-pigmentation of skin, dietetic foodand substances adapted for medical
`use,dietary supplements for humans, health food supplements made principally of vitamins or miner-
`als, dietary supplements and dietetic preparations that encourage weight loss, protein supplements,
`amino acid supplements, amino acids for medical purposes, acids for pharmaceutical purposes, med-
`ical skin peels, acid peels applied to the skin to reduce signs of aging, botulinum toxin preparations,
`sclerosing drugs, sclerosing drugs for the treatment of broken veins, carbamide peroxide and carb-
`amide peroxide for use in teeth whitening; advice, consultancy and information services relating to all
`of the aforesaid services
`
`Class 043. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Restaurant services for providing food and
`drink; catering; restaurant servicesfeaturing the provision of planned meals; provision of personalized
`meal planning services via one to one meetings in person; providing advice concerning cooking re-
`cipes; restaurant services featuring the preparation of food and drink; provision of food and drink in
`restaurants in managed varieties to optimize weight loss; providing personalized meal planning ser-
`vices via one to one meetings in person; providing personalized meal planning services to encourage
`weight loss via one to one meetings in person; catering services, namely, providing food and drink for
`preparation by others; consultancy, advisory and information services in relation to the aforesaid ser-
`vices
`
`Class 044. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Human healthcare services; hygienic and-
`beauty care for humans; beauty treatments services for skin tightening; cosmetic skin care services,
`namely, skin care treatments; medical clinic services; dentistry services; nursing care services; outpa-
`tient health care services; provision of health and medical information services; cosmetic surgery ser-
`vices; medical health assessment services for treatment, diagnostic, testing purposes; massage ther-
`apy services; nutrition and diet counseling services; providing healthy living and lifestyle information
`services via one to one meetings in person; dietary guidance; weight reduction diet planning and su-
`pervision; cosmetic body care services; non-surgical cosmetic and medical treatments of obesity and
`weight loss; permanent hair removal and reduction services; weight management services, namely,
`providing weight loss programs; teeth whitening services; non-surgical cosmetic and/or medical ser-
`vices in relation to weight loss, body shaping, skin treatment, lip enhancement, anti-aging, removal of
`body hair, reducing the appearance of broken veins, reducing the appearance of cellulite, reducing
`the appearance of scarring and reducing the over-pigmentation of skin, including sun-spots; providing
`weight loss program services; medical services for treatment of the skin, namely, treatment of skin
`laxity as aresult of weight loss; medical and cosmetic treatment services to improve skin condition;
`medical and cosmetic treatment service to reduce skin aging; medical and cosmetic treatment ser-
`vices to improve skin elasticity, firmness and/or tightness; medical and cosmetic treatment services to
`encourage collagen production;ultrasound therapy service for the treatment of weight loss, namely,
`skin laxity as a result of weight loss; ultrasoundtherapy services to enable weight loss and/or improve
`the appearance of skin; ultrasound therapy services to break downthe fat in skin cells; ultrasound
`therapy services to lift, tone and/or tightenloose or sagging skin; medical services, namely, removal
`of body cellulite; massages; massages to reduce cellulite; massages to encourage lymph drainage;
`laserhair removal services; skin care services, namely, microsclerotherapy, being aninjection based
`technique to treat broken veins; long term weight loss programsthat include cosmetic and/or medical
`treatments for treating obesity; facial treatment services, namely, cosmetic treatments in the form of
`chemical peels, non-surgical face lifts and botulinum toxininjections; teeth whitening services using
`laser teeth whitening technology; medical services, namely, aftercare services following medical and/
`or cosmetic treatments and programs; consultancy, advisory and information services relating tothe
`aforesaid services
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`

`

`Dilution by blurring
`
`Dilution by tarnishment
`
`Trademark Act Sections 2 and 43(c)
`
`Trademark Act Sections 2 and 43(c)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`1536042
`
`Registration Date
`
`04/25/1989
`
`Application Date
`
`05/05/1988
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`ALEVE
`
`NONE
`
`Class 005. First use: First Use: 1988/04/25 First Use In Commerce: 1988/04/25
`ANTI-INFLAMMATORY, ANALGESIC, AND ANTIPYRETIC PHARMACEUTIC-
`AL PREPARATIONS
`
`U.S. Registration
`No.
`
`3287780
`
`Registration Date
`
`09/04/2007
`
`Word Mark
`
`Design Mark
`
`ALEVE
`
`Application Date
`
`02/13/2007
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 005. First use: First Use: 2000/07/31 First Use In Commerce: 2000/07/31
`Pharmaceutical antitussive-cold preparations; Preparations for treating colds
`
`U.S. Registration
`No.
`
`4459303
`
`Registration Date
`
`12/31/2013
`
`Word Mark
`
`ALEVE
`
`Application Date
`
`07/24/2013
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 044. First use: First Use: 2010/08/27 First Use In Commerce: 2010/08/27
`healthcare information services on painrelief, namely providing an online re-
`source of information on joint, muscle andback pain, headache pain and os-
`teoarthritis, including treatment options and tips
`
`Attachments
`
`77105868#TMSN.png( bytes )
`86018399#TMSN.png( bytes )
`ALEVERE Notice of Opposition.pdf(49075 bytes )
`Exhibit A.PDF(1219638 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
`
`/Brandon M. Ress/
`
`Name
`
`Date
`
`Brandon M. Ress
`
`12/21/2016
`
`

`

`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the matter of Application Serial Nos. 79/178,455 and 79/181,452
`By Alevere Limited for the Marks: ALEVERE and a ALEVERE (Stylized)
`Filed on May 11, 2015 and September 10, 2015, respectively
`Published in the Official Gazette on August 23, 2016 and September 20, 2016, respectively
`
`
`
`Opposition No. ______________
`
`
`
`
`BAYER HEALTHCARE LLC,
`
`Opposer,
`
`
`v.
`
`
`ALEVERE LIMITED,
`Applicant.
`
`
`
`
`
`CONSOLIDATED NOTICE OF OPPOSITION
`
`Bayer HealthCare LLC (“Opposer”), a Delaware limited liability company having a
`
`principal place of business at 100 Bayer Road, Pittsburgh, Pennsylvania 15205, believes that it will
`
`be damaged by registrations of the mark “ALEVERE” as shown in Application Serial No.
`
`79/178,455 and of a stylized version of the mark “ALEVERE” as shown in Application Serial No.
`
`79/181,452, both for goods in International Classes 3, 5, 35, 43 and 44 (the “Applications”) and
`
`hereby opposes the same.
`
`As the grounds of Opposition, Opposer alleges that:
`
`1.
`
`Through its predecessors-in-interest, Opposer has, since at least as early as April
`
`25, 1988, used the mark “ALEVE” in connection with products related to the treatment of pain, in
`
`connection with preparations for treating colds since as early as 2000, and in connection with
`
`healthcare information services on pain relief since as early as 2010. Opposer is the owner of,
`
`among others, incontestable registrations for the trademark “ALEVE” (United States Registration
`
`
`DMSLIBRARY01\29805895.v1
`
`

`

`
`
`No. 1,536,042, registered April 25, 1989) for “anti-inflammatory, analgesic and antipyretic
`
`pharmaceutical preparations” in International Class 5 and “ALEVE” (United States Registration
`
`No. 3,287,780, registered September 4, 2007) for “pharmaceutical antitussive-cold preparations;
`
`preparations for treating colds” in International Class 5. Opposer is also the owner of a registration
`
`for the trademark “ALEVE” (United States Registration No. 4,459,303, registered December 31,
`
`2013) for “healthcare information services on pain relief, namely providing an online resource of
`
`information on joint, muscle and back pain, headache pain and osteoarthritis, including treatment
`
`options and tips” in International Class 44. Printouts of the TSDR database information for these
`
`registrations are attached as Exhibit A.
`
`2.
`
`By virtue of its promotional and advertising activities and the excellence of its
`
`goods, Opposer has gained for its mark “ALEVE” a most valuable reputation and has created, in
`
`the minds of the buying public, an exclusive association between “ALEVE” and its goods.
`
`3.
`
`Alevere Limited (“Applicant”) filed a Section 66(a) application to register the mark
`
`“ALEVERE” for “non-medicated toiletries; cosmetics; non-medicated skin care preparations;
`
`make-up; cosmetics for use in the treatment of wrinkled skin; anti-aging creams, non-medicated
`
`serums and lotions; sun creams; after sun creams; mascaras; lip plumping glosses, balms,
`
`non-medicated serums and sticks; teeth whitening preparations containing carbamide peroxide for
`
`use in teeth whitening” in International Class 3, “dietary supplements and anti-dietetic
`
`preparations; dietetic foods and substances adapted for medical use, namely, amino acids and soy
`
`protein; dietary supplements for humans consumption; health food supplements made principally
`
`of vitamins or minerals; dietary supplements and anti-dietetic preparations that encourage weight
`
`loss; protein supplements; amino acid supplements; amino acids for medical purposes; amino
`
`acids for pharmaceutical purposes; medicated skin care preparations, namely, skin peels;
`
`
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`
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`

`
`
`pharmaceutical preparations for skin care, namely, acid peels applied to the skin for the prevention
`
`of signs of aging; botulinum toxin preparations for medical use in the treatment of skin aging;
`
`pharmaceutical preparations, namely, sclerosing drugs for the treatment of broken veins;
`
`carbamide peroxide for medical purposes” in International Class 5, “retail store services featuring
`
`toiletries, cosmetics, body cleaning and body care preparations, skin care preparations, make-up,
`
`cosmetics for use in the treatment of wrinkled skin, anti-aging preparations, anti-aging creams,
`
`serums and lotions, collagen preparations for cosmetic application, sun creams, after sun creams,
`
`mascaras, lip coatings, lip plumping glosses, balms, serums and sticks, dietary supplements and
`
`dietetic preparations, medical preparations and articles to encourage weight loss and body shaping,
`
`improve skin condition, enhance lips, reduce signs of aging, remove body hair, reduce the
`
`appearance of broken veins, reduce cellulite, reduce scarring and reduce over-pigmentation of
`
`skin, dietetic food and substances adapted for medical use, dietary supplements for humans, health
`
`food supplements made principally of vitamins or minerals, dietary supplements and dietetic
`
`preparations that encourage weight loss, protein supplements, amino acid supplements, amino
`
`acids for medical purposes, acids for pharmaceutical purposes, medical skin peels, acid peels
`
`applied to the skin to reduce signs of aging, botulinum toxin preparations, sclerosing drugs,
`
`sclerosing drugs for the treatment of broken veins, carbamide peroxide and carbamide peroxide for
`
`use in teeth whitening; retail store services, mail order services and online retail store services
`
`featuring toiletries, cosmetics, body cleaning and beauty care preparations, skin care preparations,
`
`make-up, cosmetics for use in the treatment of wrinkled skin, anti-aging preparations, anti-aging
`
`creams, serums and lotions, collagen preparations for cosmetic applications, sun creams, after sun
`
`creams, mascaras, lip coatings, lip plumping glosses, balms, serums and sticks, dietary
`
`supplements and dietetic preparations, medical preparations and articles to encourage weight loss
`
`
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`3
`
`

`

`
`
`and body shaping, improve skin condition, enhance lips, reduce signs of aging, remove body hair,
`
`reduce the appearance of broken veins, reduce cellulite, reduce scarring and reduce
`
`over-pigmentation of skin, dietetic food and substances adapted for medical use, dietary
`
`supplements for humans, health food supplements made principally of vitamins or minerals,
`
`dietary supplements and dietetic preparations that encourage weight loss, protein supplements,
`
`amino acid supplements, amino acids for medical purposes, acids for pharmaceutical purposes,
`
`medical skin peels, acid peels applied to the skin to reduce signs of aging, botulinum toxin
`
`preparations, sclerosing drugs, sclerosing drugs for the treatment of broken veins, carbamide
`
`peroxide and carbamide peroxide for use in teeth whitening; advice, consultancy and information
`
`services relating to all of the aforesaid services” in International Class 35, “restaurant services for
`
`providing food and drink; catering; restaurant services featuring the provision of planned meals;
`
`provision of personalized meal planning services via one to one meetings in person; providing
`
`advice concerning cooking recipes; restaurant services featuring the preparation of food and drink;
`
`provision of food and drink in restaurants in managed varieties to optimise weight loss; providing
`
`personalized meal planning services via one to one meetings in person; providing personalized
`
`meal planning services to encourage weight loss via one to one meetings in person; catering
`
`services, namely, providing food and drink for preparation by others; consultancy, advisory and
`
`information services in relation to the aforesaid services” in International Class 43, and “human
`
`healthcare services; hygienic and beauty care for humans; beauty treatments services for skin
`
`tightening; cosmetic skin care services, namely, skin care treatments; medical clinic services;
`
`dentistry services; nursing care services; outpatient health care services; provision of health and
`
`medical information services; cosmetic surgery services; medical health assessment services for
`
`treatment, diagnostic, testing purposes; massage therapy services; nutrition and diet counseling
`
`
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`4
`
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`

`
`
`services; providing healthy living and lifestyle information services via one to one meetings in
`
`person; dietary guidance; weight reduction diet planning and supervision; cosmetic body care
`
`services; non-surgical cosmetic and medical treatments of obesity and weight loss; permanent hair
`
`removal and reduction services; weight management services, namely, providing weight loss
`
`programs; teeth whitening services; non-surgical cosmetic and/or medical services in relation to
`
`weight loss, body shaping, skin treatment, lip enhancement, anti-aging, removal of body hair,
`
`reducing the appearance of broken veins, reducing the appearance of cellulite, reducing the
`
`appearance of scarring and reducing the over-pigmentation of skin, including sun-spots; providing
`
`weight loss program services; medical services for treatment of the skin, namely, treatment of skin
`
`laxity as a result of weight loss; medical and cosmetic treatment services to improve skin
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`condition; medical and cosmetic treatment service to reduce skin aging; medical and cosmetic
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`treatment services to improve skin elasticity, firmness and/or tightness; medical and cosmetic
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`treatment services to encourage collagen production; ultrasound therapy service for the treatment
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`of weight loss, namely, skin laxity as a result of weight loss; ultrasound therapy services to enable
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`weight loss and/or improve the appearance of skin; ultrasound therapy services to break down the
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`fat in skin cells; ultrasound therapy services to lift, tone and/or tighten loose or sagging skin;
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`medical services, namely, removal of body cellulite; massages; massages to reduce cellulite;
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`massages to encourage lymph drainage; laser hair removal services; skin care services, namely,
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`microsclerotherapy, being an injection based technique to treat broken veins; long term weight
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`loss programs that include cosmetic and/or medical treatments for treating obesity; facial
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`treatment services, namely, cosmetic treatments in the form of chemical peels, non-surgical face
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`lifts and botulinum toxin injections; teeth whitening services using laser teeth whitening
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`technology; medical services, namely, aftercare services following medical and/or cosmetic
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`treatments and programs; consultancy, advisory and information services relating to the aforesaid
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`services” in International Class 44, as evidenced by the publication of such mark in the Official
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`Gazette on August 23, 2016.
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`4.
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`Applicant also filed a Section 66(a) application to register a stylized version of the
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`mark “ALEVERE” for “non-medicated
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`toiletries; cosmetics; non-medicated skin care
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`preparations; make-up; cosmetics for use in the treatment of wrinkled skin; anti-aging creams,
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`non-medicated serums and lotions; sun creams; after sun creams; mascaras; lip plumping glosses,
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`balms, non-medicated serums and sticks; teeth whitening preparations containing carbamide
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`peroxide for use in teeth whitening” in International Class 3, “dietary supplements and
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`anti-dietetic preparations; dietetic foods and substances adapted for medical use, namely, amino
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`acids and soy protein; dietary supplements for humans consumption; health food supplements
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`made principally of vitamins or minerals; dietary supplements and anti-dietetic preparations that
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`encourage weight loss; protein supplements; amino acid supplements; amino acids for medical
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`purposes; amino acids for pharmaceutical purposes; medicated skin care preparations, namely,
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`skin peels; pharmaceutical preparations for skin care, namely, acid peels applied to the skin for the
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`prevention of signs of aging; botulinum toxin preparations for medical use in the treatment of skin
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`aging; pharmaceutical preparations, namely, sclerosing drugs for the treatment of broken veins;
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`carbamide peroxide for medical purposes” in International Class 5, “retail store services featuring
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`toiletries, cosmetics, body cleaning and body care preparations, skin care preparations, make-up,
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`cosmetics for use in the treatment of wrinkled skin, anti-aging preparations, anti-aging creams,
`
`serums and lotions, collagen preparations for cosmetic application, sun creams, after sun creams,
`
`mascaras, lip coatings, lip plumping glosses, balms, serums and sticks, dietary supplements and
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`dietetic preparations, medical preparations and articles to encourage weight loss and body shaping,
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`improve skin condition, enhance lips, reduce signs of aging, remove body hair, reduce the
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`appearance of broken veins, reduce cellulite, reduce scarring and reduce over-pigmentation of
`
`skin, dietetic food and substances adapted for medical use, dietary supplements for humans, health
`
`food supplements made principally of vitamins or minerals, dietary supplements and dietetic
`
`preparations that encourage weight loss, protein supplements, amino acid supplements, amino
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`acids