Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA810247
`03/29/2017
`
`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
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`Biogen MA Inc.
`
`04/15/2017
`
`250 Binney Street
`Cambridge, MA 02142
`UNITED STATES
`
`ROBERTA JACOBS-MEADWAY
`ECKERT SEAMANS CHERIN & MELLOTT LLC
`50 SOUTH 16TH STREET 22ND FLOOR Two Liberty Place
`PHILADELPHIA, PA 19102
`UNITED STATES
`rjacobsmeadway@eckertseamans.com, ipdocket@eckertseamans.com, egal-
`lard@eckertseamans.com, lmcguinness@eckertseamans.com
`Phone:215-851-8522
`
`Applicant Information
`
`Application No
`
`86913544
`
`Publication date
`
`02/14/2017
`
`Opposition Filing
`Date
`
`Applicant
`
`03/29/2017
`
`Opposition Peri-
`od Ends
`
`04/15/2017
`
`BeiGene, Ltd.
`c/o Mourant Ozannes Corporate Services
`Grand Cayman, KY1-1108
`CAYMAN ISLANDS
`
`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: Medicines, pharmaceutical prepara-
`tions,chemico-pharmaceutical preparations, biological preparations for medical purposes, chemical
`preparations for medical purposes, all of the foregoing for the treatment of cancer and rheumatoid
`arthritis; diagnostic biomarker reagents for medical purposes
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`2099409
`
`Registration Date
`
`09/23/1997
`
`Application Date
`
`10/07/1996
`
`Foreign Priority
`Date
`
`NONE
`
`
`ESTTA810247
`03/29/2017
`
`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
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`Biogen MA Inc.
`
`04/15/2017
`
`250 Binney Street
`Cambridge, MA 02142
`UNITED STATES
`
`ROBERTA JACOBS-MEADWAY
`ECKERT SEAMANS CHERIN & MELLOTT LLC
`50 SOUTH 16TH STREET 22ND FLOOR Two Liberty Place
`PHILADELPHIA, PA 19102
`UNITED STATES
`rjacobsmeadway@eckertseamans.com, ipdocket@eckertseamans.com, egal-
`lard@eckertseamans.com, lmcguinness@eckertseamans.com
`Phone:215-851-8522
`
`Applicant Information
`
`Application No
`
`86913544
`
`Publication date
`
`02/14/2017
`
`Opposition Filing
`Date
`
`Applicant
`
`03/29/2017
`
`Opposition Peri-
`od Ends
`
`04/15/2017
`
`BeiGene, Ltd.
`c/o Mourant Ozannes Corporate Services
`Grand Cayman, KY1-1108
`CAYMAN ISLANDS
`
`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: Medicines, pharmaceutical prepara-
`tions,chemico-pharmaceutical preparations, biological preparations for medical purposes, chemical
`preparations for medical purposes, all of the foregoing for the treatment of cancer and rheumatoid
`arthritis; diagnostic biomarker reagents for medical purposes
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`2099409
`
`Registration Date
`
`09/23/1997
`
`Application Date
`
`10/07/1996
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`BIOGEN
`
`NONE
`
`Class 036. First use: First Use: 1995/02/00 First Use In Commerce: 1995/02/00
`providing grants for improving the quality of life of multiple sclerosis patients and
`their families; providing grants in support of scientific, medical, and business
`meetings and workshops; [ providing grants in supports of public television
`broadcasting; ] and providing grantsin support of educating the public about
`medical issues
`
`U.S. Registration
`No.
`
`4914777
`
`Registration Date
`
`03/08/2016
`
`Word Mark
`
`Design Mark
`
`BIOGEN
`
`Application Date
`
`10/24/2014
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 005. First use: First Use: 2015/07/08 First Use In Commerce: 2015/07/08
`Pharmaceutical preparations for the treatment of neurologic disorders and he-
`mophilia
`Class 042. First use: First Use: 2015/03/23 First Use In Commerce: 2015/03/23
`Development of pharmaceutical preparations and medicines
`
`U.S. Registration
`No.
`
`4965489
`
`Registration Date
`
`05/24/2016
`
`Word Mark
`
`Design Mark
`
`BIOGEN
`
`Application Date
`
`10/24/2014
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`The mark consists of the word "BIOGEN" to the right of a circle composed of
`smaller shapes in various shadings.
`
`
`
`Goods/Services
`
`Class 042. First use: First Use: 2015/03/23 First Use In Commerce: 2015/03/23
`Development of pharmaceutical preparations and medicines
`
`U.S. Registration
`No.
`
`5085981
`
`Registration Date
`
`11/22/2016
`
`Word Mark
`
`Design Mark
`
`BIOGEN
`
`Application Date
`
`04/05/2016
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`Related Proceed-
`ings
`
`Attachments
`
`NONE
`
`Class 005. First use: First Use: 2015/07/08 First Use In Commerce: 2015/07/08
`Pharmaceutical preparations for the treatment of neurologic disorders and he-
`mophilia
`
`Opposition No. 91233555
`
`86433337#TMSN.png( bytes )
`86433489#TMSN.png( bytes )
`86964285#TMSN.png( bytes )
`Notice of Opposition.pdf(59905 bytes )
`EXHIBIT A NOTICE OF OPPOSITION BEIGENE.PDF(413922 bytes )
`EXHIBIT B NOTICE OF OPPOSITION BEIGENE.PDF(35555 bytes )
`EXHIBIT C NOTICE OF OPPOSITION BEIGENE.PDF(38390 bytes )
`EXHIBIT D NOTICE OF OPPOSITION BEIGENE.PDF(42905 bytes )
`EXHIBIT E NOTICE OF OPPOSITION BEIGENE.PDF(47257 bytes )
`
`Signature
`
`/Roberta Jacobs-Meadway/
`
`Name
`
`Date
`
`ROBERTA JACOBS-MEADWAY
`
`03/29/2017
`
`
`
`
`
`BOX TTAB FEE
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`BIOGEN MA, INC.,
`
`
`
`
`
` BEIGENE, LTD.,
`
`
`
`v.
`
`
`
`
`
`Opposer,
`
`
`:
`
`:
`
`:
`
`:
`: Opposition No. ___________________
`:
`
`:
`
`:
`:
`:
`:
`
`
`
`
`
`
`
`
`
`
`
`
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`
`Honorable Commissioner for Trademarks
`P. O. Box 1451
`Alexandria, VA 22313-1451
`
`
`In the matter of Trademark Application Serial No. 86/913,544 for the mark BEIGENE ,
`
`filed February 19, 2016, and published for opposition in the Official Gazette on February 14,
`
`2017.
`
`Biogen MA, Inc., a Massachusetts corporation, located and doing business at 250 Binney
`
`Street Cambridge, MA 02142 (“Biogen” or “Opposer”), believes that it will be damaged by the
`
`registration of the mark shown in the above-identified application for the goods in International
`
`Class 5 and hereby opposes the same. The grounds for opposition are as follows:
`
`1.
`
`BeiGene, Ltd., a Cayman Islands Corporation having an address of c/o
`
`Mourant Ozannes Corporate Services, 94 Solaris Ave., Camana Bay, Grand Cayman KY1-1108,
`
`Cayman Islands (“Applicant”), seeks to register BEIGENE in standard characters as a trademark
`
`for, “medicines, pharmaceutical preparations, chemico-pharmaceutical preparations, biological
`
`
`
`preparations for medical purposes, chemical preparations for medical purposes, all of the
`
`foregoing for the treatment of cancer and rheumatoid arthritis; diagnostic biomarker reagents for
`
`medical purposes” in International Class 5 as evidenced by the publication of said mark in the
`
`Official Gazette on February 14, 2017.
`
`2.
`
`The application herein opposed was filed February 19, 2016 on the basis
`
`of intent to use. Applicant claims no date earlier than February 19, 2016 for the purpose of
`
`priority.
`
`3.
`
`Biogen is and has been engaged in research and development of
`
`pharmaceutical preparations for more than thirty-five (35) years and has built a substantial and
`
`successful business in connection therewith.
`
`4.
`
`Biogen used “Biogen” as its trade name from 1978 until its merger with
`
`Idec Pharmaceuticals in 2003. Thereafter, Biogen used “Biogen Idec” as its trade name, but
`
`members of the relevant public and trade, and also the press, have continuously referred to
`
`Biogen as “Biogen.” Within Biogen Idec, the company was referred to as “Biogen.” Biogen
`
`returned to its original trade name, Biogen, in March 2015.
`
`5.
`
`Biogen has consistently used BIOGEN as its trade name or the first and
`
`dominant component of its trade names for almost four decades in connection with its goods and
`
`services and business.
`
`6.
`
`Biogen has for more than thirty-five (35) years continuously used
`
`BIOGEN as a mark or as the first and dominant element of its marks in connection with
`
`pharmaceutical preparations, including those for the treatment of MS, rheumatoid arthritis and
`
`other immunological conditions, as well as for cancers such as non-Hodgkins lymphoma and
`
`leukemia. Biogen has also provided services related to its core business, including
`
`
`
`pharmaceutical research and development and patient support services, particularly for those
`
`with autoimmune diseases such as MS. Examples of the use of BIOGEN in connection with
`
`Biogen’s various pharmaceutical preparations and related services are included in Exhibit A.
`
`7.
`
`Biogen has maintained the URL www.biogen.com continuously since
`
`April 14, 1995, and that URL has always been associated with Biogen’s main website, even
`
`during that period when Biogen was using Biogen Idec as a trade name so that people searching
`
`for Biogen could and can find its website.
`
`8.
`
`Biogen is the owner of numerous federal registrations for its BIOGEN
`
`marks, including U.S. Registration Nos. 2,099,409 and 4,914,777 for the mark BIOGEN;
`
`Registration Nos. 4,965,489 and 5,085,981 for the mark BIOGEN & design. Printouts of the
`
`USPTO records showing title and status of the identified registrations are attached as Exhibit B
`
`through Exhibit E.
`
`9.
`
`As Biogen is the owner of federal registrations which are valid and
`
`subsisting, priority is not in issue.
`
`10.
`
`Biogen’s BIOGEN names and marks are inherently distinctive as applied
`
`to Biogen’s business and pharmaceutical preparations and related services.
`
`11.
`
`Applicant’s standard character mark, BEIGENE, for pharmaceutical
`
`preparations for cancer and rheumatoid arthritis, inter alia, is confusingly similar to Opposer’s
`
`BIOGEN names and marks in sound, appearance and commercial impression.
`
`12.
`
`Both Opposer’s BIOGEN name and mark and Applicant’s BEIGENE
`
`mark, both in standard character format, begin with the consonant B- followed by two vowels
`
`(one of which is an I in both) and the element “GEN”, with Applicant’s mark adding a final -E.
`
`With or without the final –E, the –GEN element conveys the same connotation.
`
`
`
`13.
`
`Neither BIOGEN nor BEIGENE are recognized dictionary words and
`
`neither has one accepted established pronunciation. The similarities in overall commercial
`
`impressions of the two marks are great given the shared elements of the B-, -I-, and –GEN.
`
`14.
`
`Biogen’s goods and the Applicant’s goods are closely related, being
`
`pharmaceutical preparations, inter alia, and directed to overlapping and related indications
`
`including rheumatoid arthritis and other auto-immunological conditions and cancer. See Exhibit
`
`A.
`
`15.
`
`The goods and services identified in Biogen’s registrations for its
`
`BIOGEN marks (see Exhibits B-E) are customarily marketed and delivered through the same
`
`channels of trade as the goods identified in the application herein opposed, which include those
`
`directed to medical professionals and patients dealing with autoimmune conditions and cancer
`
`and their families and supporters.
`
`16.
`
`Applicant’s BEIGENE mark as applied to the goods set forth in the
`
`application herein opposed so resembles Biogen’s names and marks as applied to Biogen’s
`
`business and goods and services that it is likely to cause confusion, mistake, and/or deception.
`
`17.
`
`Applicant’s goods are such that members of the relevant public and trade,
`
`on seeing Applicant’s BEIGENE mark, would reasonably assume in error that Applicant’s goods
`
`are developed or produced or sold by or in affiliation with Biogen.
`
`18.
`
`If Applicant is permitted to register BEIGENE for the goods set forth in
`
`the application herein opposed, confusion of the relevant trade and public is likely to result,
`
`which is likely to damage and injure Biogen.
`
`19.
`
`Any defect, objection to or fault found with Applicant’s goods sold under
`
`the mark BEIGENE would necessarily reflect on and seriously injure the reputation that Biogen
`
`
`
`has established for its business, its pharmaceutical preparations, and its related goods and
`
`services.
`
`20.
`
`If Applicant is granted a registration for the mark herein opposed, it would
`
`obtain thereby at least a prima facie exclusive right to use the mark. Such registration would be
`
`a source of damage and injury to Biogen.
`
`WHEREFORE, Biogen prays that registration of the mark of Application Serial
`
`No. 86/913,544 for the goods identified therein be refused and that this Opposition be sustained.
`
`
`
`Respectfully submitted,
`
`
`
`Dated: March 17, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`By: s/ Roberta Jacobs-Meadway
` Roberta Jacobs-Meadway
` Elizabeth S. Gallard
` Jenna Torres
` ECKERT SEAMANS CHERIN & MELLOTT, LLC
`Two Liberty Place
`50 S. 16th Street, 22nd Floor
`Philadelphia, PA 19102
`(215) 851-8400
`
`rjacobsmeadway@eckertseamans.com
`egallard@eckertseamans.com
`jtorres@eckertseamans.com
`
`ATTORNEYS FOR OPPOSER
`
`
`
`CERTIFICATE OF FILING
`
`The undersigned hereby certifies that in accordance with 37 CPR. § 2.119(b), a '
`
`true and correct copy of the foregoing Notice of Opposition was filed electronically with the
`
`United States Patent and Trademark Office Via the Electronic System for Trademark Trial and
`
`Appeals (“ESTTA”) on the date shown below.
`
`Under rule 37 C.F.R. § 2.105, the Trademark Trial and Appeal Board shall notify
`
`applicant, BeiGene, Ltd, c/o Timothy J . Kelly, Fitzpatrick, Cella, Harper & Scinto, 1290 Avenue
`
`of the Americas, New York, NY 10104-3 800.
`
` Dated: March 17, 2017
`
`
`
`By:
`
`l ll l liilll
`
`
`
`J
`
`n F. Metzger
`
`
`
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`Aducanumab (Aβ mAb)
`Alzheimer’s disease
`
`E2609 (BACE1 inhibitor)
`Alzheimer's disease
`
`Obinutuzumab
`Front-line Indolent non-Hodgkin’s lymphoma
`
`BAN2401 (Aβ mAb)
`Alzheimer’s disease
`
`https://www.biogen.com/en_us/research-pipeline/biogen-pipeline.html[3/15/2017 1:52:40 PM]
`
`
`
`Research | Pipeline
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`BG00011 (STX-100)
`Idiopathic pulmonary fibrosis (IPF)
`
`BIIB059 (anti-BDCA2)
`Lupus
`
`BIIB074 (Nav1.7 inhibitor)
`Trigeminal neuralgia (TGN)
`
`Dapirolizumab pegol (anti-CD40L)
`Lupus
`
`Natalizumab (α4-integrin inhibitor)
`Acute ischemic stroke
`
`Opicinumab (anti-LINGO)
`Multiple sclerosis (MS)
`
`XLRS Gene Therapy
`X-linked retinoschisis (XLRS)
`
`BIIB054 (anti-α-synuclein)
`Parkinson's disease
`
`BIIB061 (Oral remyelination)
`Multiple sclerosis (MS)
`
`BIIB067 (IONIS-SOD-1 )
`Rx
`SOD-1-Amyotrophic lateral sclerosis (ALS)
`
`https://www.biogen.com/en_us/research-pipeline/biogen-pipeline.html[3/15/2017 1:52:40 PM]
`
`
`
`Research | Pipeline
`
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` Follow us on:
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`®
`AVONEX
`
`®
`FAMPYRA
`
`®
`PLEGRIDY
`
`®
`TECFIDERA
`
`®
`TYSABRI
`
`ZINBRYTA™
`
`Partnered
`
`®
`GAZYVA
`
`®
`RITUXAN
`
`Biosimilars
`
`®
`BENEPALI
`
`®
`FLIXABI
`
`Spinal Muscular
`
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`
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`
` Collaborations
`
` Medical Research
`
` portal
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`https://www.biogen.com/en_us/research-pipeline/biogen-pipeline.html[3/15/2017 1:52:40 PM]
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`© 2017 Biogen
`
`https://www.biogen.com/en_us/research-pipeline/biogen-pipeline.html[3/15/2017 1:52:40 PM]
`
`
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`Therapies
`
`Biogen
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`Patients
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`We develop medicines for serious medical
` conditions with few or no treatment
` options. Every day, we work to bring
` patients better outcomes and advance
` their standard of care.
`
` Filter
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` by:
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`Biosimilars
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`Biosimilars
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`https://www.biogen.com/en_us/therapies.html#biosimilars+benepali[3/16/2017 6:15:59 PM]
`
`
`
`Therapies
`
`logo
`
`logo
`
`
`
`®
`FLIXABI
`
`FLIXABI® is an infliximab biosimilar referencing Remicade®
`
` approved in the European Union (EU). FLIXABI is indicated in
`
` the EU to treat:
`
`Rheumatoid arthritis: The reduction of signs and symptoms
`
` as well as the improvement in physical function in adult
`
` patients, in combination with methotrexate, with:
`
`Active rheumatoid arthritis, when the response to
`
` disease-modifying antirheumatic drugs (DMARDs),
`
` including methotrexate, has been inadequate.
`
`Severe, active and progressive disease not previously
`
` treated with methotrexate or other DMARDs.
`
`Moderate to severe active Crohn’s disease, in combination
`
` with methotrexate, in adult patients who have not
`
` responded despite a full and adequate course of therapy
`
` with a corticosteroid and/or an immunosuppressant; or who
`
` are intolerant to or have medical contraindications for such
`
` therapies.
`
`Fistulising, active Crohn’s disease, in adult patients who
`
` have not responded despite a full and adequate course of
`
` therapy with conventional treatment (including antibiotics,
`
` drainage and immunosuppressive therapy).
`
`Severe, active Crohn’s disease in children and adolescents
`
` aged 6 to 17 years, who have not responded to
`
` conventional therapy including a corticosteroid, an
`
` immunomodulator and primary nutrition therapy; or who are
`
` intolerant to or have contraindications for such therapies.
`
`Moderate to severe active ulcerative colitis in adult patients
`
` who have had an inadequate response to conventional
`
` therapy including corticosteroids and 6-mercaptopurine (6-
`
`https://www.biogen.com/en_us/therapies.html#biosimilars+benepali[3/16/2017 6:15:59 PM]
`
`
`
`Therapies
`
`MP) or azathioprine (AZA), or who are intolerant to or have
`
` medical contraindications for such therapies.
`
`Severe active ulcerative colitis in children and adolescents
`
` aged 6 to 17 years, who have had an inadequate response
`
` to conventional therapy including corticosteroids and 6-MP
`
` or AZA, or who are intolerant to or have medical
`
` contraindications for such therapies.
`
`Severe, active ankylosing spondylitis, in adult patients who
`
` have responded inadequately to conventional therapy.
`
`Active and progressive psoriatic arthritis in adult patients, in
`
` combination with methotrexate or alone in patients who
`
` show intolerance to methotrexate or for whom methotrexate
`
` is contraindicated, when the response to previous DMARD
`
` therapy has been inadequate.
`
`Moderate to severe plaque psoriasis in adult patients who
`
` failed to respond to, or who have a contraindication to, or
`
` are intolerant to other systemic therapy including
`
` cyclosporine, methotrexate or psoralen ultra-violet A
`
` (PUVA) (see section 5.1).
`
`SEE LESS
`The European Commission approval was based on a
`
` preclinical and clinical data package submitted to the
`
`
`
` European Medicines Agency (EMA) by Samsung Bioepis.
`
` C fi
`
`t
`
` d t f
`
`
`
`ll
`
`t
`
`ll d h
`
`d t h
`
`d Ph
`
` 1
`
` Patients
`
` Medical
`
` Professionals
`
` Careers
`
` Investors
`
` Follow us on:
`
` About Us
`
` Therapies
`
` Responsibility
`
` About Biogen
`
`Multiple Sclerosis
`
` Corporate Citizenship
`
` A Leader In Multiple
`
` Sclerosis
`
` Executive Leadership
`
` Board of Directors
`
` History
`
` Manufacturing
`
` Biosimilars
`
`®
`AVONEX
`
`®
`FAMPYRA
`
`®
`PLEGRIDY
`
`®
`TECFIDERA
`
`®
`TYSABRI
`
`ZINBRYTA™
`
` Supporting Patients
`
` Rethinking Resources
`
` Community &
`
` Foundation
`
` Acting Responsibly
`
` Grants Office
`
`https://www.biogen.com/en_us/therapies.html#biosimilars+benepali[3/16/2017 6:15:59 PM]
`
`
`
`Therapies
`
`
`
`
`
`
`
`
`
`
`
`
` YouTube
`
` Positions & Policy
`
` Perspectives
`
` Contact Us
`
` Governance
`
` Research & Pipeline
`
` Pipeline
`
` Clinical Trials
`
` Access to
`
` Investigational
`
` Therapies
`
`Partnered
`
`®
`GAZYVA
`
`®
`RITUXAN
`
`Biosimilars
`
`®
`BENEPALI
`
`®
`FLIXABI
`
`Spinal Muscular
`
` Atrophy
`
` BiogenScience
`
`SPINRAZA™
`
` Areas of Research
`
` Postdoc Program
`
` Collaborations
`
` Medical Research
`
` portal
`
` Privacy
`
` Policy
`
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`
` Forward-Looking
`
`
`
` Conditions
`
` Sitemap
`
` Statements
`
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`
` Community
`
` Guidelines
`
` Contact
`
`
`
` Us
`
`Biogen
`
`
`
`© 2017 Biogen
`
`https://www.biogen.com/en_us/therapies.html#biosimilars+benepali[3/16/2017 6:15:59 PM]
`
`
`
`Therapies
`
`Biogen
`
`Patients
`
`
`
`Medical Professionals
`
`
`
`Careers
`
`
`
`Investors
`
`
`
` Sites
`
`
`
` Therapy
`
`
`
` About
`
` Us
`
` Research &
`
`
`
` Pipeline
`
` Therapies
`
` Responsibility
`
` Newsroom
`
`
`
`
`
`
`
`
`
` Global
`
` Sites
`
`
`
`Therapies
`
`We develop medicines for serious medical
` conditions with few or no treatment
` options. Every day, we work to bring
` patients better outcomes and advance
` their standard of care.
`
` Filter
`
` by:
`
`All
`
`Multiple Sclerosis
`
`Spinal Muscular Atrophy
`
`Biosimilars
`
`Biosimilars
`
`https://www.biogen.com/en_us/therapies.html#biosimilars+benepali[3/16/2017 6:16:29 PM]
`
`
`
`Therapies
`
`logo
`
`logo
`
`
`
`BENEPALI
`
`®
`
`
`
`BENEPALI® is the first etanercept biosimilar referencing
`
` Enbrel® approved in the European Union (EU). BENEPALI®
`
` (etanercept) is indicated for adults in the EU to treat:
`
`Moderate to severe active rheumatoid arthritis, in
`
` combination with methotrexate, when the response to
`
` disease-modifying antirheumatic drugs, including
`
` methotrexate (unless contraindicated), has been
`
` inadequate
`
`Active and progressive psoriatic arthritis when the response
`
` to previous disease-modifying antirheumatic drug therapy
`
` has been inadequate
`
`Axial spondyloarthritis, including:
`
`Severe active ankylosing spondylitis, when there is an
`
` inadequate response to conventional therapy
`
`Treatment of adults with severe non-radiographic axial
`
` spondyloarthritis with objective signs of inflammation as
`
` indicated by elevated C-reactive protein (CRP) and/or
`
` magnetic resonance imaging (MRI) evidence, who have
`
` had an inadequate response to nonsteroidal anti-
`
`inflammatory drugs (NSAIDs)
`
`Moderate to severe plaque psoriasis for those who have
`
` failed to respond to, or who have a contraindication to, or
`
` are intolerant to other systemic therapy, including
`
` ciclosporin, methotrexate or psoralen and ultraviolet-A light
`
` (PUVA)
`
`The European Commission approval was based on a
`
` preclinical and clinical data package submitted to the
`
` European Medicines Agency (EMA) by Samsung Bioepis.
`
` Confirmatory data from well-controlled, head-to-head Phase 1
`
`https://www.biogen.com/en_us/therapies.html#biosimilars+benepali[3/16/2017 6:16:29 PM]
`
`
`
`Therapies
`
` and Phase 3 clinical trials compared BENEPALI to its
`
` reference product Enbrel. The primary endpoint showed
`
` BENEPALI had a comparable efficacy and a safety profile to
`
` Enbrel.
`
`The most commonly reported adverse events were injection
`
` site reactions, infections, allergic reactions, development of
`SEE LESS
` autoantibodies, itching, and fever. Serious adverse reactions
`
` have also been reported, including fatal and life-threatening
`
`
`
` infections and sepsis, which affected fewer than 1 in 100
`
` patients Various malignancies have also been reported
`
` About Us
`
` Therapies
`
` Responsibility
`
` About Biogen
`
`Multiple Sclerosis
`
` Corporate Citizenship
`
` Supporting Patients
`
` Rethinking Resources
`
` Community &
`
` Foundation
`
` Acting Responsibly
`
` Grants Office
`
` A Leader In Multiple
`
` Sclerosis
`
` Executive Leadership
`
` Board of Directors
`
` History
`
` Manufacturing
`
` Biosimilars
`
` Positions & Policy
`
` Perspectives
`
` Contact Us
`
` Governance
`
` Research & Pipeline
`
` Pipeline
`
` Clinical Trials
`
` Access to
`
` Investigational
`
`®
`AVONEX
`
`®
`FAMPYRA
`
`®
`PLEGRIDY
`
`®
`TECFIDERA
`
`®
`TYSABRI
`
`ZINBRYTA™
`
`Partnered
`
`®
`GAZYVA
`
`®
`RITUXAN
`
`Biosimilars
`
`®
`BENEPALI
`
`®
`FLIXABI
`
`Spinal Muscular
`
` Atrophy
`
` Patients
`
` Medical
`
` Professionals
`
` Careers
`
` Investors
`
` Follow us on:
`
`
`
`
`
`
`
`
`
`
`
`
` YouTube
`
`https://www.biogen.com/en_us/therapies.html#biosimilars+benepali[3/16/2017 6:16:29 PM]
`
`
`
`Therapies
`
` Therapies
`
` BiogenScience
`
`SPINRAZA™
`
` Areas of Research
`
` Postdoc Program
`
` Collaborations
`
` Medical Research
`
` portal
`
` Privacy
`
` Policy
`
` Terms &
`
` Forward-Looking
`
`
`
` Conditions
`
` Sitemap
`
` Statements
`
`
`
` Community
`
` Guidelines
`
` Contact
`
`
`
` Us
`
`Biogen
`
`
`
`© 2017 Biogen
`
`https://www.biogen.com/en_us/therapies.html#biosimilars+benepali[3/16/2017 6:16:29 PM]
`
`
`
`Responsibility | Patient Services
`
`Biogen
`
`Patients
`
`
`
`Medical Professionals
`
`
`
`Careers
`
`
`
`Investors
`
`
`
` Sites
`
`
`
` About
`
` Us
`
` Research &
`
`
`
` Pipeline
`
` Therapies
`
` Responsibility
`
` Newsroom
`
`
`
`
`
`
`
` Therapy
`
`
`
`
`
` Global
`
` Sites
`
`
`
`Supporting patients
`
`Overview
`
`Patient services
`
`Financial assistance
`
`Patient safety
`
`MS support
` Partnered Therapy support
`Advocacy organizations
`
`
`
`SMA support
`
`As part of our ongoing commitment to people living with multiple sclerosis (MS),
`
` Biogen provides extra support through the Above MS™ program.
`
`There are many benefits to joining the Above MS program. Members will get extra
`
` help from those who understand MS, including:
`
`Specially tailored information from people who are living with relapsing MS, but
`
` are also experts in areas such as financial planning, cooking, exercise, and
`
` many other areas
`
`One-on-one MS support over the phone
`
`A community of peers
`
`Information about Biogen treatment options and support services
`
`Access to Nurse Educators
`
`Financial and insurance support if eligible
`
`https://www.biogen.com/en_us/responsibility/services.html[3/15/2017 2:39:18 PM]
`
`
`
`Responsibility | Patient Services
`
`Join the Above MS program by calling:
`
`1-800-456-2255
`
` Monday – Friday, 8:30 a.m. – 8 p.m. ET
`
`AboveMS.com
`
`Please keep in mind that a doctor is always the primary resource when it comes to
`
` MS and treatment.
`
` Patients
`
` Medical
`
` Professionals
`
` Careers
`
` Investors
`
` Follow us on:
`
`
`
`
`
`
`
`
`
`
` About Us
`
` Therapies
`
` Responsibility
`
` About Biogen
`
`Multiple Sclerosis
`
` Corporate Citizenship
`
` Supporting Patients
`
` Rethinking Resources
`
` Community &
`
` Foundation
`
` Acting Responsibly
`
` Grants Office
`
` A Leader In Multiple
`
` Sclerosis
`
` Executive Leadership
`
` Board of Directors
`
` History
`
` Manufacturing
`
` Biosimilars
`
` Positions & Policy
`
` Perspectives
`
` Contact Us
`
` Governance
`
` Research & Pipeline
`
`®
`AVONEX
`
`®
`FAMPYRA
`
`®
`PLEGRIDY
`
`®
`TECFIDERA
`
`®
`TYSABRI
`
`ZINBRYTA™
`
`Partnered
`
`®
`GAZYVA
`
`®
`RITUXAN
`
`Biosimilars
`
`®
`BENEPALI
`
`https://www.biogen.com/en_us/responsibility/services.html[3/15/2017 2:39:18 PM]
`
`
`
`Responsibility | Patient Services
`
`
`
` YouTube
`
` Pipeline
`
` Clinical Trials
`
` Access to
`
` Investigational
`
` Therapies
`
`®
`FLIXABI
`
`Spinal Muscular
`
` Atrophy
`
` BiogenScience
`
`SPINRAZA™
`
` Areas of Research
`
` Postdoc Program
`
` Collaborations
`
` Medical Research
`
` portal
`
` Privacy
`
` Policy
`
` Terms &
`
` Forward-Looking
`
`
`
` Conditions
`
` Sitemap
`
` Statements
`
`
`
` Community
`
` Guidelines
`
` Contact
`
`
`
` Us
`
`Biogen
`
`
`
`© 2017 Biogen
`
`https://www.biogen.com/en_us/responsibility/services.html[3/15/2017 2:39:18 PM]
`
`
`
`
`EXHIBIT B
`EXHIBIT B
`
`
`
`
`
`
`Generated on: This page was generated by TSDR on 2017-03-16 18:00:43 EDT
`
`Mark: BIOGEN
`
`US Serial Number: 75177740
`
`US Registration
`Number:
`
`2099409
`
`Register: Principal
`
`Mark Type: Service Mark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`Oct. 07, 1996
`
`Registration Date: Sep. 23, 1997
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Office.
`
`Status: A Sections 8 and 15 combined declaration has been accepted and acknowledged.
`
`Status Date: Jul. 14, 2004
`
`Publication Date: Jul. 01, 1997
`
`
`
`Mark Literal
`Elements:
`
`BIOGEN
`
`Standard Character
`Claim:
`
`No
`
`Mark Information
`
`Mark Drawing
`Type:
`
`1 - TYPESET WORD(S) /LETTER(S) /NUMBER(S)
`
`Related Properties Information
`
`Claimed Ownership
`of US
`Registrations:
`
`0729797, 1275543, 1314274, 1343559, 1961898 and others
`
`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: providing grants for improving the quality of life of multiple sclerosis patients and their families; providing grants in support of scientific,
`medical, and business meetings and workshops; [ providing grants in supports of public television broadcasting; ] and providing grants
`in support of educating the public about medical issues
`
`International
`Class(es):
`
`036 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`First Use: Feb. 1995
`
`U.S Class(es): 100, 101, 102
`
`Use in Commerce: Feb. 1995
`
`Basis Information (Case Level)
`
`
`
`Filed Use: Yes
`
`Filed ITU: No
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`Currently Use: Yes
`
`Currently ITU: No
`
`Currently 44D: No
`
`Currently 44E: No
`
`Currently 66A: No
`
`Amended Use: No
`
`Amended ITU: No
`
`Amended 44D: No
`
`Amended 44E: No
`
`Filed No Basis: No
`
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