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`MW/VV
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`General Contact Number: 571-272-8500
`General Email: TTABInfo@uspto.gov
`
`December 3, 2018
`
`Opposition No. 91236429
`
`Omya GmbH, Omya AG
`
`v.
`
`
`
`By the Trademark Trial and Appeal Board:
`
`Allergan Sales, LLC
`
`On November 28, 2018, Applicant filed a proposed amendment to application
`
`Serial No. 87299360, with Opposer's consent, and Opposer's withdrawal without
`
`prejudice of the opposition, contingent upon entry of the amendment.
`
`By the proposed amendment, applicant seeks to amend the identification of goods
`
`in International; Class 5 of the involved application as follows:1
`
`From:
`
`
`
`
`Pharmaceutical preparations used in connection with anti-aging, namely, for
`use in the treatment of glabellar lines, facial wrinkles, asymmetries and
`defects and conditions of the human skin, and for facial aesthetic surgery,
`facial aesthetic reconstruction, and breast aesthetic treatment procedures;
`topical antibiotics, anti-inflammatory, anti-infective, anti-glaucoma agents
`and decongestant formulations; sterile antibiotic ointments; ocular contact
`lens wetting solutions, artificial tears and pharmaceutical preparations for the
`treatment of minor ocular
`inflammations and allergic conditions;
`Pharmaceutical preparations for the treatment of neurological disorders,
`muscle dystonias, smooth muscle disorders, autonomic nerve disorders,
`headaches, hyperhydrosis, sports injuries, cerebral palsy, spasms, tremors and
`
`1 Strike-through language reflects deletion, language shown in bold reflects addition.
`
`
`
`
`
`Opposition No. 91236429
`
`
`pain; dermatological formulations, namely, medicated dry skin lotions and
`creams, acne medications and medicated skin lightener lotions and creams;
`Oral, transdermal, injectable and intravaginal contraceptive preparations;
`intravaginal
`contraceptive
`sponge; Hormone
`replacement
`therapy
`preparations; Pharmaceutical preparations for the prevention of preterm birth
`or pregnancy; Pharmaceutical preparations for the treatment and prevention
`of urinary incontinence and overactive bladder; Pharmaceutical preparations
`for the treatment and prevention of
`iron deficiency and anemia;
`Pharmaceutical preparations for the treatment and prevention of osteoporosis;
`Pharmaceutical preparations
`for
`the
`treatment and prevention of
`endometriosis; Pharmaceutical preparations for the treatment and prevention
`of symptoms associated with uterine fibroids; Iron chelating pharmaceutical
`preparations;
`Fertility
`enhancing
`pharmaceutical
`preparations;
`Pharmaceutical preparations and medicines for the treatment and prevention
`of sexual dysfunction; Pharmaceutical preparations and medicines for the
`treatment of sensory organ disorders; Pharmaceutical preparations and
`medicines
`for the treatment of central nervous system disorders;
`Pharmaceutical preparations and medicines for the treatment of urogenital
`organ disorders; Pharmaceutical preparations and medicines for the treatment
`of circulatory system disorders; Pharmaceutical preparations and medicines
`for the treatment of cardiovascular and blood pressure; Pharmaceutical
`preparations
`for
`the
`treatment and prevention of digestive
`tract,
`gastrointestinal and dermatological diseases and disorders; Pharmaceutical
`preparations and medicines for the treatment and prevention of irritable bowel
`syndrome; Pharmaceutical preparations that support, encourage or promote
`bone strength or bone health or which are used in the treatment of bone
`disorders or bone diseases; Antibiotics; Antifungal preparations; Antivirals
`and Antiprotozoals; Pharmaceutical preparations for the prevention and
`treatment of bacterial infections; Pharmaceutical preparations for the
`prevention and
`treatment of diabetes and diabetic neuropathy;
`Pharmaceutical preparations for the prevention and treatment of pain and
`neuropathic pain; Pharmaceutical preparations for the prevention and
`treatment of respiratory system diseases and disorders; Pharmaceutical
`preparations for the prevention and treatment of neurological diseases and
`disorders; Pharmaceutical preparations for the prevention and treatment of
`neurodegenerative diseases and disorders; Pharmaceutical preparations for
`the prevention and treatment of peripheral nervous system diseases and
`disorders; Pharmaceutical preparations for the prevention and treatment of
`hypertension; Pharmaceutical preparations for the prevention and treatment
`of Alzheimer's disease, dementia, AIDS-related dementia, CNS, neurological
`disorders, neurodegenerative disorders, and depression; neuroprotective
`agent; antidepressants; pharmaceuticals, namely, antipsychotics; coronary
`vasodilating agents; Pharmaceutical preparations for the treatment of
`hypothyroidism; Pharmaceutical and cosmeceutical preparations for skin care,
`
`
`
`2
`
`
`
`Opposition No. 91236429
`
`
`namely, medicated skin cleansers, toners, moisturizers, rejuvenators,
`rehydrating creams, and lotions for the face and body
`
`
`To:
`
`
`
`
`Pharmaceutical preparations used in connection with anti-aging, namely, for
`use in the treatment of glabellar lines, facial wrinkles, asymmetries and
`defects and conditions of the human skin, and for facial aesthetic surgery,
`facial aesthetic reconstruction, and breast aesthetic treatment procedures;
`topical antibiotics, anti-inflammatory, anti-infective, anti-glaucoma agents
`and decongestant formulations; sterile antibiotic ointments; ocular contact
`lens wetting solutions, artificial tears and pharmaceutical preparations for the
`treatment of minor ocular
`inflammations and allergic conditions;
`Pharmaceutical preparations for the treatment of neurological disorders,
`muscle dystonias, smooth muscle disorders, autonomic nerve disorders,
`headaches, hyperhydrosis, sports injuries, cerebral palsy, spasms, tremors and
`pain; dermatological formulations, namely, medicated dry skin lotions and
`creams, acne medications and medicated skin lightener lotions and creams;
`Oral, transdermal, injectable and intravaginal contraceptive preparations;
`intravaginal
`contraceptive
`sponge; Hormone
`replacement
`therapy
`preparations; Pharmaceutical preparations for the prevention of preterm birth
`or pregnancy; Pharmaceutical preparations for the treatment and prevention
`of urinary incontinence and overactive bladder; Pharmaceutical preparations
`for the treatment and prevention of endometriosis; Pharmaceutical
`preparations for the treatment and prevention of symptoms associated with
`uterine
`fibroids; Fertility
`enhancing pharmaceutical preparations;
`Pharmaceutical preparations and medicines for the treatment and prevention
`of sexual dysfunction; Pharmaceutical preparations and medicines for the
`treatment of sensory organ disorders; Pharmaceutical preparations and
`medicines
`for the treatment of central nervous system disorders;
`Pharmaceutical preparations and medicines for the treatment of urogenital
`organ disorders; Pharmaceutical preparations and medicines for the treatment
`of circulatory system disorders; Pharmaceutical preparations and medicines
`for the treatment of cardiovascular and blood pressure; Pharmaceutical
`preparations
`for
`the
`treatment and prevention of digestive
`tract,
`gastrointestinal and dermatological diseases and disorders; Pharmaceutical
`preparations and medicines for the treatment and prevention of irritable bowel
`syndrome; Antibiotics; Antifungal preparations; Antivirals and Antiprotozoals;
`Pharmaceutical preparations for the prevention and treatment of bacterial
`infections; Pharmaceutical preparations for the prevention and treatment of
`diabetes and diabetic neuropathy; Pharmaceutical preparations for the
`prevention and treatment of pain and neuropathic pain; Pharmaceutical
`preparations for the prevention and treatment of respiratory system diseases
`and disorders; Pharmaceutical preparations for the prevention and treatment
`
`
`
`3
`
`
`
`Opposition No. 91236429
`
`
`of neurological diseases and disorders; Pharmaceutical preparations for the
`prevention and treatment of neurodegenerative diseases and disorders;
`Pharmaceutical preparations for the prevention and treatment of peripheral
`nervous system diseases and disorders; Pharmaceutical preparations for the
`prevention and treatment of hypertension; Pharmaceutical preparations for
`the prevention and treatment of Alzheimer’s disease, dementia, AIDS-related
`dementia, CNS, neurological disorders, neurodegenerative disorders, and
`depression; neuroprotective agent; antidepressants; pharmaceuticals, namely,
`antipsychotics; coronary vasodilating agents; Pharmaceutical preparations for
`the treatment of hypothyroidism; Pharmaceutical and cosmeceutical
`preparations for skin care, namely, medicated skin cleansers, toners,
`moisturizers, rejuvenators, rehydrating creams, and lotions for the face and
`body.
`
`
`
`The amendment is limiting in nature, as required by Trademark Rule 2.71(a).
`
`Because Opposer consents thereto, the amendment is approved and entered. See
`
`Trademark Rule 2.133(a).
`
`The contingency in Opposer's withdrawal having now been met, the opposition is
`
`dismissed without prejudice.
`
`
`
`4
`
`
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