Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA871945
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`Filing date:
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`01/18/2018
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
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`91237141
`
`Party
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`Correspondence
`Address
`
`Defendant
`rewardStyle, Inc.
`
`SHANNON ZMUD TEICHER
`JACKSON WALKER L.L.P.
`2323 ROSS AVENUE, SUITE 600
`DALLAS, TX 75201
`Email: steicheripdocket@jw.com, skunzle@jw.com
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`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Answer
`
`Shannon Zmud Teicher
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`steicheripdocket@jw.com, boates@jw.com
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`/Shannon Zmud Teicher/
`
`01/18/2018
`
`Attachments
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`CVSPharmacyOppositionAnswer.pdf(488348 bytes )
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Service Mark Application Serial No. 87/325,455
`Filed on February 6, 2017
`For the mark "heart design"
`Published in the Official Gazette on April 11, 2017
`
`In the Matter of Service Mark Application Serial No. 87/325,459
`Filed on February 6, 2017
`For the mark "heart design"
`Published in the Official Gazette on April 11, 2017
`
`In the Matter of Service Mark Application Serial No. 87/325,469
`Filed on February 6, 2017
`For the mark "heart and segmented circle design"
`Published in the Official Gazette on April 11, 2017
`
`In the Matter of Service Mark Application Serial No. 87/325,473
`Filed on February 6, 2017
`For the mark "heart and segmented circle design"
`Published in the Official Gazette on April 11, 2017
`
`CVS Pharmacy, Inc.,
`
`Opposer,
`
`v.
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`rewardStyle, Inc.,
`
`Applicant.
`
`
`
`Opposition No. 91237141
`
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`APPLICANT’S ORIGINAL ANSWER
`Applicant rewardStyle, Inc. (“Applicant”) hereby answers the Consolidated Notice of
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`Opposition (the “Notice of Opposition”) of Opposer CVS Pharmacy, Inc. (“Opposer”), which
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`concerns the marks "heart design" in Class 9 as applied for in Application Serial No. 87/325,455,
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`"heart design" in Class 35 as applied for in Application Serial No. 87/325,459, "heart and
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`segmented circle design" in Class 9 as applied for in Application Serial No. 87/325,469, and
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`"heart and segmented circle design" in Class 35 as applied for in Application Serial No. 87/325,473
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`(the "Applications").
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`
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`I.
`ADMISSIONS AND DENIALS
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`In response to the allegations in the introductory paragraph of the Notice of Opposition,
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`Applicant admits that Opposer opposes the Applications and seeks to consolidate its opposition to
`
`the marks into one proceeding. In further response to the allegations in the introductory paragraph
`
`in the Notice of Opposition, Applicant denies that Opposer will be damaged by the issuance of a
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`registration for the marks shown in the Applications. Applicant lacks knowledge or information
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`sufficient to form a belief about the truth of the remaining allegations in the introductory paragraph
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`of the Notice of Opposition and, therefore, denies the same.
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`1.
`
`
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`Applicant filed Application Serial No. 87/325,455 for "heart design"
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`
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`
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`on February 6, 2017, on the basis of an intent to use the mark for the following goods in Class 9:
`
`"downloadable mobile applications to facilitate online shopping; downloadable mobile
`
`applications for use in promoting the goods and services of others; downloadable computer
`
`software to facilitate online shopping; downloadable computer software for use in promoting the
`
`goods and services of others".
`
`
`
`ANSWER: Applicant admits the allegations in Paragraph 1 of the Notice of
`
`Opposition.
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`2.
`
`Applicant filed Application Serial No. 87/325,459 for "heart design"
`
`(cid:1006) 
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`

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`"promoting the goods and services of others".
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`
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`ANSWER: Applicant admits the allegations in Paragraph 2 of the Notice of Opposition.
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`
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`on February 6, 2017, on the basis of an intent to use the mark for the following goods in Class 35:
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`3.
`
`Applicant filed Application Serial No. 87/325,469 for "heart and segmented circle design"
`
`on February 6, 2017, on the basis of an intent to use the mark for the following goods in Class 9:
`
`"downloadable mobile applications to facilitate online shopping; downloadable mobile
`
`applications for use in promoting the goods and services of others; downloadable computer
`
`software to facilitate online shopping; downloadable computer software for use in promoting the
`
`goods and services of others".
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`
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`ANSWER: Applicant admits the allegations in Paragraph 3 of the Notice of
`
`Opposition.
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`4.
`
`Applicant filed Application Serial No. 87/325,473 for "heart and segmented circle design"
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`(cid:1007) 
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`

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`
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`on February 6, 2017, on the basis of an intent to use the mark for the following goods in Class
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`35: "promoting the goods and services of others". (Goods and services contained in Application
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`Serial Nos. 87/325,455, 87/325,459, 87/325,469, and 87/325,473 are collectively referred to
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`herein "Applicant's Goods/Services").
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`
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`ANSWER: Applicant admits the allegations in Paragraph 4 of the Notice of
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`Opposition.
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`5.
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`6.
`
`The Opposed Applications were published for Opposition on April 11, 2017.
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`ANSWER: Applicant admits the allegations in Paragraph 5 of the Notice of Opposition.
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`On May 10, 2017, Opposer filed a 90 Day Request for Extension of Time to Oppose for
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`each of the Opposed Applications.
`
`
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`ANSWER: Applicant admits the allegations in Paragraph 6 of the Notice of
`
`Opposition.
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`7.
`
`The Extension of Time to Oppose was granted for each of the Opposed Applications until
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`August 9, 2017.
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`
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`ANSWER: Applicant admits the allegations in Paragraph 7 of the Notice of
`
`Opposition.
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`8.
`
`On August 8, 2017, Opposer filed an additional 60 Day Request for Extension of Time to
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`Oppose for each of the Opposed Applications, with the consent of Applicant.
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`
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`ANSWER: Applicant admits the allegations in Paragraph 8 of the Notice of
`
`Opposition.
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`9.
`
`The Extension of Time to Oppose was granted for each of the Opposed Applications until
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`October 8, 2017.
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`ANSWER: Applicant admits the allegations in Paragraph 9 of the Notice of
`
`(cid:1008) 
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`Opposition.
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`10.
`
`Opposer's filing of this Notice of Opposition is timely pursuant to 37 C.F.R. § 2.101 as
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`October 8, 2017, fell on a Sunday and Monday, October 9, 2017, was a federal holiday.
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`
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`ANSWER: Applicant admits that October 8, 2017 was a Sunday. Applicant further
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`admits that Monday, October 9, 2017 was Columbus Day. The remaining allegation in Paragraph
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`10 constitutes a legal conclusion and, therefore, no response is required.
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`11.
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`Opposer provides a broad range of health related goods, including products for baby and
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`child, beauty, diet and nutrition, general pain relief, health and medicine, home health care,
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`household and grocery, personal care, sexual health, topical pain relief, vitamins; and services of
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`retail sales of health related goods and the goods of others, retail pharmacy, long-term care
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`pharmacy, health clinics, infusion treatment services, clinical programs for improved treatment
`
`adherence, prescription benefits management, medical claims management, and the provision of
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`information on health conditions and treatments to help people progress to better health.
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`
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`ANSWER: Applicant lacks knowledge or information sufficient to form a belief about
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`the truth of the allegations in Paragraph 11 and, therefore, denies the same.
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`12.
`
`Opposer is the owner of U.S. Application No. 86/836,864 for "Heart Design Outline"
`
`filed December 2, 2015, published December 27, 2016, and allowed February 21, 2017, based on
`
`intent to use for the following goods:
`
`(cid:1009) 
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`
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`a. Class 3: a full line of oral hygiene products, namely, tooth cleaning and tooth whitening
`
`preparations, toothpastes, breath freshening sprays, tooth whitening preparations in the form of
`
`rinses, tooth whitening preparations contained in a pen-shaped container, tooth whitening
`
`toothpaste, tooth polishes, breath mints for use as a breath freshener; breath freshening
`
`confectionery in the forms of a chewing gum; tooth whitening strips impregnated with teeth
`
`whitening preparations, tooth whitening gels, and teeth whitening kits; non-medicated mouth wash
`
`and rinses; non-medicated anti-cavity fluoride mouth rinses, dissolvable breath freshening strips;
`
`denture products, namely, denture cleaners in the form of tablets, and denture cleaning
`
`preparations in the form of a cream; a full line of hair care products, namely, shampoos,
`
`conditioners, hair sprays, hair-detangling lotions, hair styling gels, hair tonics, dry shampoos, hair
`
`color; skin lotions for the face and body; body lotions and skin lotions containing cocoa butter,
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`shea butter and aloe vera for skin care and cosmetic purposes; skin lotions containing vitamin E;
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`baby skin lotions; cold creams, eye creams, beauty serums for the eyes, anti-wrinkle creams; face
`
`and neck creams; skin soaps for personal use, namely, antibacterial, bath, deodorant, hand, body
`
`care, liquid, baby, and bar soaps; powders, namely, foot, bath, baby, and talcum powder containing
`
`corn starch; bath products, namely, bath oils, baby bubble bath, bubble bath, body wash for use in
`
`baths; personal care products, namely, antiperspirants and deodorants for body care; disposable
`
`wipes impregnated with cleansing chemicals or compounds for personal hygiene and baby;
`
`essentials oils for personal use, namely, baby, muscle massage, and skin; foam cleaning
`
`preparations; cosmetic exfoliants, namely, pumice stones for personal use; non-medicated lip
`
`balms; cosmetic sun protection products, namely, cosmetic sunscreen body sprays, sunscreen
`
`lotions; petroleum jelly for cosmetic purposes; facial cleansers and scrubs; hair-washing powder;
`
`body wash; non-medicated diaper rash ointments; anti-cavity fluoride mouth rinses; eyeglass lens
`
`(cid:1010) 
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`

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`
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`cleaning solutions, eyeglass lens cleaning kits consisting primarily of eyeglass lens cleaning
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`solutions;
`
`b. Class 5: antibacterial alcohol skin sanitizer gels; cold sore and canker treatment
`
`preparations; medicated foot powders; antiseptic sprays and lotions; hemorrhoidal gels,
`
`suppositories, sprays, creams and ointments; medicated pads for hemorrhoid relief; bacitracin
`
`ointments; hydrocortisone creams; calamine lotions; medicated diaper rash ointments; preparation
`
`for the relief of pain, namely, pain relief medications in the forms of sprays and lotions; antibiotic
`
`creams and ointments; petroleum jelly for medical purposes; natural sleep aid preparations; a full
`
`line of medicines, remedies and preparations, namely, pharmaceutical antitussive-cold
`
`preparations, preparations for treating colds, headache treatment preparations, allergy relief
`
`medication, analgesics, preparations in tablet forms for treating colds, cough treatment
`
`preparations in the nature of cough suppressants, cough syrups and drops, medicated throat sprays,
`
`medicinal creams and ointments for the treatment of colds, flu, headache and allergy symptoms;
`
`decongestants, antihistamines, expectorants,
`
`ibuprofen for use as an oral analgesic,
`
`acetaminophen, and combinations of aspirin and caffeine, concentrated saline tablets for sinus
`
`discomfort, pharmaceutical preparations in the nature of naproxen sodium for medical purposes,
`
`bismuth subsalicylate preparations for medical purposes, pain relief medications, throat lozenges;
`
`medicated preparation for teething pain; antacids and acid reducers consisting primarily of
`
`antacids; anti-diarrheal and anti-gas medications; aspirin; anti-inflammatories, baby diapers and
`
`disposable training pants; nursing pads; nasal products, namely, decongestant nasal strips and
`
`inhalers filled with Levmetamfetamine; ear drops; eye products, namely, eye patches for medical
`
`purposes, eye lubricating drops, irrigating solutions for eye use and eye washes; contact lens
`
`solutions and contact lens cleaning preparations; home-use diagnostic kits consisting primarily of
`
`(cid:1011) 
`
`

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`
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`test strips, test sticks and digital test sticks that test for the presence of urinary tract infections,
`
`pregnancy, and ovulation; personal lubricants; first aid kits; lice treatment preparations; smoking
`
`cessation preparations in the forms of lozenges and nicotine gum; transdermal patches featuring
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`smoking cessation preparations that contain nicotine; caffeine preparations for stimulative use;
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`acne treatment medication; infant formula; electrolyte drinks for medical purposes; wart removing
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`preparations; test strips for measuring blood glucose levels; glucose dietary supplements;
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`medicinal hair growth treatments; medicated shampoo; disposable wipes impregnated with alcohol
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`for medicinal purposes; iodine; hydrogen peroxide for medical use; witch hazel, epsom salts, saline
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`solution for medical purposes, suppositories; laxatives; medicated oils containing minerals; dietary
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`supplements in the nature of liquid magnesia for nutritional purposes; stool softener; motion
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`sickness treatment preparations; a full line of non-medicated feminine care and hygiene products,
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`namely, tampons, panty liners, vaginal moisturizers, vaginal washes; diuretics; bandages for
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`dressings; gauze; adhesive tapes for medical purposes; burn relief medications, namely, burn
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`dressings in the form of sprays and pads; foot treatments, namely, athlete's foot preparations, corn
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`rings for cushioning the feet, corn pads, moleskin for medical purposes, orthopedic padding
`
`consisting primarily of lamb's wool; oral hygiene products, namely, medicated toothpaste, oral
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`anesthetics, oral antiseptics; medicated anti-cavity fluoride mouth rinses; a full line of incontinence
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`products, namely, disposable diapers for incontinence, incontinence garments, incontinence pads,
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`disposable sanitizing wipes impregnated with chemicals or compounds, medicated pre-moistened
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`wipes; enema preparations, medicated skin lotions for healing purposes; medicated skin lotions
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`for preventing stretch marks; scar treatment preparations, namely, bandages for skin wounds;
`
`c. Class 6: metal identification bracelets for medical purposes;
`
`(cid:1012) 
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`

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`
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`d. Class 8: pedicure implements, namely, nail clippers, callous removers, and foot files; nail
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`files; eyeglass repair kits consisting primarily of screwdrivers, screws, storage pouch and a
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`magnifier;
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`e. Class 9: body scales; eye care accessories, namely, contact lens case; batteries;
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`f. Class 10: vaporizers and humidifiers for medical purposes; medical apparatus, namely,
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`cervical collars, urinals, orthopedic cushions, stethoscopes, crutch accessories in the nature of
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`therapeutic cushions for use under the arms, an ear wash device in the nature of a container to be
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`filled with appropriate fluid for user for flushing ear wax from the ear; mouth guards for medical
`
`purposes; ear plugs for medical purposes; face masks for use by health care providers; latex-free
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`gloves for medical purposes; lancets; health monitoring devices, namely, pulse oximeters;
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`rollators; canes for medical purposes and crutches; dental instruments, namely, dental picks,
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`scalers and mirrors; pill and tablet cutters and crushers; pill splitters for dispensing unit doses of
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`medicine; droppers for administering medication, sold empty; bottles, spoons and cups for
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`administering medication, sold empty; chemically activated hot and cold gel packs for medical
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`purposes; medical apparatus, namely, electric heating devices for curative treatment; arm slings
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`for medical use; finger splints; lice combs; therapeutic hot and cold compression wraps for the
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`relief of pain; silicone gel sheeting for the treatment of scars; orthopedic device to stretch and
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`exercise the toes; thermometers for medical use; pill crushers; foot care implements, namely,
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`orthotic inserts for footwear, orthopedic cushions; bath safety equipment in the nature of raised
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`toilet seats adapted for use by the physically disabled; thermometers for medical purposes; sheet
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`protectors, namely, incontinence sheets; bath chairs as bath safety products adapted for use by the
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`physically disabled;
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`g. Class 11: humidifiers;
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`(cid:1013) 
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`

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`
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`h. Class 20: foot care implements in the nature of foot rests; foot care implements in the nature
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`of foam toe separators for use in pedicures;
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`i. Class 21: oral hygiene devices, namely, toothbrushes, toothbrush heads, dental floss, dental
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`flossers, dental floss picks featuring a brush, and dental care kits consisting primarily of
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`toothbrushes and toothpaste; personal dispensers for pills or capsules for domestic use; cotton
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`balls; foot brushes; dental tape;
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`j. Class 24: sheet protectors, namely, fitted covers of fabric for protecting bedsheets; and
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`k. Class 25: foot care implements, namely, heel inserts and insoles; cotton gloves.
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`ANSWER:
`
`In response to the allegations in Paragraph 12 of the Notice of Opposition,
`
`Applicant admits that the Trademark Electronic Search System identifies Opposer as the registrant
`
`of the referenced federal trademark registration. Applicant lacks knowledge or information
`
`sufficient to form a belief about the truth of the remaining allegations in Paragraph 12 and,
`
`therefore, denies the same.
`
`13.
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`Opposer is the owner of U.S. Registration No. 5,291,669 for "Heart Design Outline"
`
`filed November 10, 2015, registered September 19, 2017, with a first use and first use in commerce
`
`date of at least as early as August 2016, for the following services in Class 44: providing medical
`
`information regarding prescription drugs and drug therapy; providing information regarding
`
`patients' prescription drugs and drug therapy; developing and managing comprehensive programs
`
`comprising drug therapy and physician support services in the nature of providing consultation in
`
`the dispensing of pharmaceuticals for persons with chronic health issues; medical services,
`
`(cid:1005)(cid:1004) 
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`namely, providing therapy management services relating to the provision of in-home and
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`ambulatory infusion therapies and nutritional therapy services; medical services, namely, infusion
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`services provided at home and in clinics; nursing services; providing consultation in the dispensing
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`of pharmaceuticals and pharmaceutical advice; medical clinic featuring non-emergency medical
`
`diagnostic services in convenient locations.
`
`ANSWER:
`
`In response to the allegations in Paragraph 13 of the Notice of Opposition,
`
`Applicant admits that the Trademark Electronic Search System identifies Opposer as the registrant
`
`of the referenced federal trademark registration. Applicant lacks knowledge or information
`
`sufficient to form a belief about the truth of the remaining allegations in Paragraph 13 and,
`
`therefore, denies the same.
`
`14.
`
`Opposer is the owner of U.S. Application No. 86/776,416 for "Heart Design Outline"
`
`filed October 2, 2015, published May 24, 2016, and allowed July 19, 2016, based on intent to use
`
`for the following services:
`
`a. Class 35: health care utilization and review services as they relate to prescription drugs,
`
`namely, pharmaceutical cost management and drug review utilization services, verification of
`
`benefits, prior authorization and review services and coordination of delivery and access to
`
`prescription drugs; retail store and online retail pharmacy services in the field of general
`
`merchandise, prescription drugs, healthcare, specialty pharmaceuticals and beauty products; mail
`
`order of pharmaceuticals and specialty pharmaceuticals and specialty pharmaceuticals
`
`distributorship services"; and
`
`(cid:1005)(cid:1005) 
`
`
`
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`
`
`
`

`

`
`
`
`
`
`
`
`
`b. Class 36: claims processing of pharmaceutical insurance benefits, namely, processing and
`
`administering individual prescription claims history, benefit amounts, accumulations for
`
`deductibles and out-of-pocket expenses and expense summaries; underwriting insurance for pre-
`
`paid healthcare; insurance and financial services pertaining to submission of medical claims, and
`
`handling of assignment of benefits, namely, medical insurance claims administrative services,
`
`administration of medical and pharmaceutical reimbursement collection programs, administration
`
`of employee pharmaceutical benefits, administration of prepaid employee health care plans,
`
`financial counseling, and payment for medical services involving home and hospital care;
`
`procurement, namely, purchasing pharmaceuticals for others; pharmacy benefit management
`
`services; organizing and administering preferred provider plans for a network of pharmacy providers.
`
`ANSWER:
`
`In response to the allegations in Paragraph 14 of the Notice of Opposition,
`
`Applicant admits that the Trademark Electronic Search System identifies Opposer as the
`
`registrant of the referenced federal trademark registration. Applicant lacks knowledge or
`
`information sufficient to form a belief about the truth of the remaining allegations in Paragraph
`
`14 and, therefore, denies the same.
`
`15.
`
`Opposer is the owner of U.S. Application No. 86/836,803 for "Heart Design Solid"
`
`filed December 2, 2015, published June 7, 2016, and allowed August 2, 2016, based on intent to
`
`use for the following goods:
`
`a. Class 3: a full line of oral hygiene products, namely, tooth cleaning and tooth whitening
`
`preparations, toothpastes, breath freshening sprays, tooth whitening preparations in the form of
`
`(cid:1005)(cid:1006) 
`
`

`

`
`
`rinses, tooth whitening preparations contained in a pen-shaped container, tooth whitening
`
`toothpaste, tooth polishes, breath mints for use as a breath freshener; breath freshening
`
`confectionery in the forms of a chewing gum; tooth whitening strips impregnated with teeth
`
`whitening preparations, tooth whitening gels, and teeth whitening kits; non-medicated mouth wash
`
`and rinses; non-medicated anti-cavity fluoride mouth rinses, dissolvable breath freshening strips;
`
`denture products, namely, denture cleaners in the form of tablets, and denture cleaning
`
`preparations in the form of a cream; a full line of hair care products, namely, shampoos,
`
`conditioners, hair sprays, hair-detangling lotions, hair styling gels, hair tonics, dry shampoos, hair
`
`color; skin lotions for the face and body; body lotions and skin lotions containing cocoa butter,
`
`shea butter and aloe vera for skin care and cosmetic purposes; skin lotions containing vitamin E;
`
`baby skin lotions; cold creams, eye creams, beauty serums for the eyes, anti-wrinkle creams; face
`
`and neck creams; skin soaps for personal use, namely, antibacterial, bath, deodorant, hand, body
`
`care, liquid, baby, and bar soaps; powders, namely, foot, bath, baby, and talcum powder containing
`
`corn starch; bath products, namely, bath oils, baby bubble bath, bubble bath, body wash for use in
`
`baths; personal care products, namely, antiperspirants and deodorants for body care; disposable
`
`wipes impregnated with cleansing chemicals or compounds for personal hygiene and baby;
`
`essentials oils for personal use, namely, baby, muscle massage, and skin; foam cleaning
`
`preparations; cosmetic exfoliants, namely, pumice stones for personal use; non-medicated lip
`
`balms; cosmetic sun protection products, namely, cosmetic sunscreen body sprays, sunscreen
`
`lotions; petroleum jelly for cosmetic purposes; facial cleansers and scrubs; hair-washing powder;
`
`body wash; non-medicated diaper rash ointments;
`
`b. Class 5: antibacterial alcohol skin sanitizer gels; medicated anti-cavity fluoride mouth
`
`rinses, cold sore and canker treatment preparations; medicated foot powders; antiseptic sprays and
`
`lotions; hemorrhoidal gels, suppositories, sprays, creams and ointments; medicated pads for
`(cid:1005)(cid:1007) 
`
`
`
`

`

`
`
`hemorrhoid relief; bacitracin ointments; hydrocortisone creams; calamine lotions; medicated
`
`diaper rash ointments; preparation for the relief of pain, namely, pain relief medications in the
`
`forms of sprays and lotions; antibiotic creams and ointments; petroleum jelly for medical purposes;
`
`natural sleep aid preparations; a full line of medicines, remedies and preparations, namely,
`
`pharmaceutical antitussive-cold preparations, preparations for treating colds, headache treatment
`
`preparations, allergy relief medication, analgesics, preparations in tablet forms for treating colds,
`
`cough treatment preparations in the nature of cough suppressants, cough syrups and drops,
`
`medicated throat sprays, medicinal creams and ointments for the treatment of colds, flu, headache
`
`and allergy symptoms; decongestants, antihistamines, expectorants, ibuprofen for use as an oral
`
`analgesic, acetaminophen, and combinations of aspirin and caffeine, concentrated saline tablets
`
`for sinus discomfort, pharmaceutical preparations in the nature of naproxen sodium for medical
`
`purposes, bismuth subsalicylate preparations for medical purposes, pain relief medications, throat
`
`lozenges; medicated preparation for teething pain; antacids and acid reducers consisting primarily
`
`of antacids; anti-diarrheal and anti-gas medications; aspirin; anti-inflammatories, baby diapers and
`
`disposable training pants; nursing pads; nasal products, namely, decongestant nasal strips and
`
`inhalers filled with Levmetamfetamine; ear drops; eye products, namely, eye patches for medical
`
`purposes, eye lubricating drops, irrigating solutions for eye use and eye washes, eyeglass lens
`
`cleaning solutions, eyeglass lens cleaning kits consisting primarily of eyeglass lens cleaning
`
`solutions; contact lens solutions and contact lens cleaning preparations; home-use diagnostic kits
`
`consisting primarily of test strips, test sticks and digital test sticks that test for the presence of
`
`urinary tract infections, pregnancy, and ovulation; personal lubricants; first aid kits; lice treatment
`
`preparations; smoking cessation preparations in the forms of lozenges and nicotine gum;
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`transdermal patches featuring smoking cessation preparations that contain nicotine; caffeine
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`preparations for stimulative use; acne treatment medication; infant formula; electrolyte drinks for
`(cid:1005)(cid:1008) 
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`medical purposes; wart removing preparations; test strips for measuring blood glucose levels;
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`glucose dietary supplements; medicinal hair growth treatments; medicated shampoo; disposable
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`wipes impregnated with alcohol for medicinal purposes; iodine; hydrogen peroxide for medical
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`use; witch hazel, epsom salts, saline solution for medical purposes, suppositories; laxatives;
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`medicated oils containing minerals; dietary supplements in the nature of liquid magnesia for
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`nutritional purposes; stool softener; motion sickness treatment preparations; a full line of non-
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`medicated feminine care and hygiene products, namely, tampons, panty liners, vaginal
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`moisturizers, vaginal washes; diuretics; bandages for dressings; gauze; adhesive tapes for medical
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`purposes; burn relief medications, namely, burn dressings in the form of sprays and pads; foot
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`treatments, namely, athlete's foot preparations, corn rings for cushioning the feet, corn pads,
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`moleskin for medical purposes, orthopedic padding consisting primarily of lamb's wool; oral
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`hygiene products, namely, medicated toothpaste, oral anesthetics, oral antiseptics; a full line of
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`incontinence products, namely, disposable diapers for incontinence, incontinence garments,
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`incontinence pads, disposable sanitizing wipes impregnated with chemicals or compounds,
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`medicated pre-moistened wipes; enema preparations, medicated skin lotions for healing purposes;
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`medicated skin lotions for preventing stretch marks; scar treatment preparations, namely, bandages
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`for skin wounds;
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`c. Class 6: metal medical information identification bracelets, not magnetically encoded and
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`not to function as jewelry;
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`d. Class 8: pedicure implements, namely, nail clippers, callous removers, and foot files; nail
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`files; eyeglass repair kits consisting primarily of screwdrivers, screws, storage pouch and a
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`magnifier;
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`e. Class 9: body scales; eye care accessories, namely, contact lens case; batteries;
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`magnetically encoded identification bracelets for medical purposes;
`(cid:1005)(cid:1009) 
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`f. Class 10: vaporizers and humidifiers for medical purposes; medical apparatus, namely,
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`cervical collars, urinals, orthopedic cushions, stethoscopes, crutch accessories in the nature of
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`therapeutic cushions for use under the arms, an ear wash device in the nature of a container to be
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`filled with appropriate fluid for user for flushing ear wax from the ear; mouth guards for medical
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`purposes; ear plugs for medical purposes; face masks for use by health care providers; latex-free
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`gloves for medical purposes; lancets; health monitoring devices, namely, pulse oximeters;
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`rollators; canes for medical purposes and crutches; dental instruments, namely, dental picks,
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`scalers and mirrors; pill and tablet cutters and crushers; pill splitters for dispensing unit doses of
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`medicine; droppers for administering medication, sold empty; bottles, spoons and cups for
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`administering medication, sold empty; chemically activated hot and cold gel packs for medical
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`purposes; medical apparatus, namely, electric heating devices for curative treatment; arm slings
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`for medical use; finger splints; lice combs; therapeutic hot and cold compression wraps for the
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`relief of pain; silicone gel sheeting for the treatment of scars; orthopedic device to stretch and
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`exercise the toes; thermometers for medical use; pill crushers; foot care implements, namely,
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`orthotic inserts for footwear, orthopedic cushions; bath safety equipment in the nature of raised
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`toilet seats adapted for use by the physically disabled; sheet protectors, namely, incontinence
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`sheets;
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`g. Class 11: humidifiers;
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`h. Class 20: bath chairs as bath safety products adapted for use by the physically disabled;
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`foot care implements in the nature of foot rests; foot care implements in the nature of foam toe
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`separators for use in pedicures;
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`i. Class 21: oral hygiene devices, namely, toothbrushes, toothbrush heads, dental floss, dental
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`flossers, dental floss picks featuring a brush, and dental care kits consisting primarily of
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`toothbrushes and toothpaste; personal dispensers for pills or capsules for domestic use; cotton
`(cid:1005)(cid:1010) 
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`balls; foot brushes; dental tape; and
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`j. Class 25: foot care implements, namely, heel inserts and insoles; cotton gloves.
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`ANSWER: In response to the allegations in Paragraph 15 of the Notice of Opposition,
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`Applicant admits that the Trademark Electronic Search System identifies Opposer as the registrant
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`of the referenced federal trademark registration. Applicant lacks knowledge or information
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`sufficient to form a belief about the truth of the remaining allegations in Paragraph 15 and,
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`therefore, denies the same.
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`16.
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`Opposer is the owner of U.S. Registration No. 5,307,113 for "Heart Design Solid"
`
`filed October 2, 2015, registered October 10, 2017, for the following services:
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`a. Class 35 with a first use date of at least as early as November 5, 2015, and first use in
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`commerce date at least as early as December 5, 2015: health care utilization and review services
`
`as they relate to prescription drugs, namely, pharmaceutical cost management and drug review
`
`utilization services, verification of benefits, prior authorization and review services and
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`coordination of delivery and access to prescription drugs; retail store and online retail pharmacy
`
`services in the field of general merchandise, prescription drugs, healthcare, specialty
`
`pharmaceuticals and beauty products; mail order of pharmaceuticals and specialty pharmaceuticals
`
`and specialty pharmaceuticals distributorship services; and
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`b. Class 36 with a first use and first use in commerce date of at least as early as August 25,
`
`2015: claims processing of pharmaceutical insurance benefits, namely, processing and
`
`administering individual prescription claims history, benefit amounts, accumulations for
`
`(cid:1005)(cid:1011) 
`
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`deductibles and out-of-pocket expenses and expense summaries; underwriting insurance for pre-
`
`paid healthcare; insurance and financial services pertaining to submission of medical claims, and
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`handling of assignment of benefits, namely, medical insurance claims administrative services,
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`administration of medical and pharmaceutical reimbursement collection programs, administration
`
`of employee pharmaceutical benefits,