Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA851709
`10/12/2017
`
`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
`
`Agewell, LLC
`
`11/08/2017
`
`9292 N. Meridian St., Suite 211B
`Indianapolis, IN 46260
`UNITED STATES
`
`Bradley Stohry
`Reichel Stohry LLP
`212 W. 10th St., Suite A-285
`Indianapolis, IN 46202
`UNITED STATES
`Email: brad@rsindy.com, ipdocket@rsindy.com
`Phone: 317-423-8820
`
`Applicant Information
`
`Application No
`
`87193703
`
`Publication date
`
`07/11/2017
`
`Opposition Filing
`Date
`
`Applicant
`
`10/12/2017
`
`Opposition Peri-
`od Ends
`
`11/08/2017
`
`AgeWellMD, P.C.
`2 Steele Street, Suite 200
`Denver, CO 80206
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 044. First Use: 2014/09/01 First Use In Commerce: 2015/07/01
`All goods and services in the class are opposed, namely: Health Care services, namely, wellness
`programs featuring the provision of Bioidentical Hormone Replacement Therapy (BHRT), to adult pa-
`tients of any age and onan outpatient basis, not for geriatric health care
`
`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.
`
`1920595
`
`Registration Date
`
`09/19/1995
`
`Word Mark
`
`AGEWELL
`
`Application Date
`
`09/14/1990
`
`Foreign Priority
`Date
`
`NONE
`
`
`ESTTA851709
`10/12/2017
`
`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
`
`Agewell, LLC
`
`11/08/2017
`
`9292 N. Meridian St., Suite 211B
`Indianapolis, IN 46260
`UNITED STATES
`
`Bradley Stohry
`Reichel Stohry LLP
`212 W. 10th St., Suite A-285
`Indianapolis, IN 46202
`UNITED STATES
`Email: brad@rsindy.com, ipdocket@rsindy.com
`Phone: 317-423-8820
`
`Applicant Information
`
`Application No
`
`87193703
`
`Publication date
`
`07/11/2017
`
`Opposition Filing
`Date
`
`Applicant
`
`10/12/2017
`
`Opposition Peri-
`od Ends
`
`11/08/2017
`
`AgeWellMD, P.C.
`2 Steele Street, Suite 200
`Denver, CO 80206
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 044. First Use: 2014/09/01 First Use In Commerce: 2015/07/01
`All goods and services in the class are opposed, namely: Health Care services, namely, wellness
`programs featuring the provision of Bioidentical Hormone Replacement Therapy (BHRT), to adult pa-
`tients of any age and onan outpatient basis, not for geriatric health care
`
`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.
`
`1920595
`
`Registration Date
`
`09/19/1995
`
`Word Mark
`
`AGEWELL
`
`Application Date
`
`09/14/1990
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 1993/05/01 First Use In Commerce: 1993/06/11
`pre-recorded audio and video tapes and compact discs related to aspects of
`aging and the elderly and concerning topics of health care, financial resources
`and personal enrichment activities
`Class 016. First use: First Use: 1994/12/16 First Use In Commerce: 1994/12/16
`books, pamphlets, magazines, booklets and brochures related to aspects of
`agingand the elderly and concerning topics of health care, financial resources
`and personal enrichment activities
`
`U.S. Registration
`No.
`
`1943956
`
`Registration Date
`
`12/26/1995
`
`Application Date
`
`12/16/1994
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`AGEWELL
`
`NONE
`
`Class 041. First use: First Use: 1990/09/12 First Use In Commerce: 1992/08/20
`conducting workshops and seminars in the field of aging and the elderly and
`concerning the topics of health care, financial resources and personal enrich-
`ment activities
`
`U.S. Registration
`No.
`
`2102654
`
`Registration Date
`
`10/07/1997
`
`Application Date
`
`12/20/1995
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`AGEWELL
`
`NONE
`
`Class 041. First use: First Use: 1995/06/15 First Use In Commerce: 1995/06/15
`audio and video recording and production services; book publication services
`
`U.S. Registration
`No.
`
`2270951
`
`Registration Date
`
`08/17/1999
`
`Application Date
`
`09/27/1996
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`AGEWELL
`
`NONE
`
`Class 042. First use: First Use: 1990/09/12 First Use In Commerce: 1992/08/20
`geriatric health care services
`
`U.S. Registration
`No.
`
`3822185
`
`Registration Date
`
`07/20/2010
`
`Application Date
`
`05/06/2002
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Word Mark
`
`Design Mark
`
`AGEWELL
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 003. First use: First Use: 2010/05/21 First Use In Commerce: 2010/05/21
`Cosmetic preparations, namely, hand creams and gels, skin, face and eye
`creams and gels
`Class 005. First use: First Use: 2010/05/21 First Use In Commerce: 2010/05/21
`Vitamins, minerals, nutritional and dietary supplements
`Class 010. First use: First Use: 2010/05/21 First Use In Commerce: 2010/05/21
`Surgical and medical apparatus and instruments, namely, electric or chemically
`activated heating pads and physical therapy equipment, namely, heat and cold
`packs for medical purposes; and hand and leg muscle exercisers for age-related
`sarcopenia
`Class 028. First use: First Use: 2010/05/21 First Use In Commerce: 2010/05/21
`Sporting goods equipment, namely, powered and manual exercise machines for
`movement of arms and legs, exercise mats
`Class 029. First use: First Use: 2010/05/21 First Use In Commerce: 2010/05/21
`Nutritional foods, namely, bars from processed vegetables
`
`Attachments
`
`76404238#TMSN.png( bytes )
`Agewell - Notice of Opposition against AgeWellMD.pdf(284526 bytes )
`
`Signature
`
`/bms/
`
`Name
`
`Date
`
`Bradley Stohry
`
`10/12/2017
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the matter of Trademark App. Ser. Nos. 87193703
`For the mark AgeWellMD
`
`
`
`
`
`Agewell, LLC,
`
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`
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`Opposer,
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` v.
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`AgeWellMD, P.C.,
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`Applicant.
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`Opposition No.:______________
`
`NOTICE OF OPPOSITION
`
`
`
`Agewell, LLC (“Opposer”) hereby opposes the above-referenced application to register
`
`the AgeWellMD mark filed by AgeWellMD, P.C. (“Applicant”). The grounds for opposition are
`
`as follows:
`
`THE PARTIES
`
`1.
`
`Opposer is an Indiana limited liability company with a place of business at 9292
`
`North Meridian Street, Suite 211B, Indianapolis, IN 46260.
`
`2.
`
`Applicant is a Colorado corporation that has a place of business at 2 Steele Street,
`
`Suite 200, Denver, CO 80206.
`
`OPPOSER AND ITS USE OF THE AGEWELL MARK
`
`Opposer provides a variety of goods and services related to health care.
`
`Opposer is the owner of substantial trademark rights in the AGEWELL mark.
`
`Opposer owns numerous trademark registrations for the AGEWELL mark,
`
`3.
`
`4.
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`5.
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`including U.S. Registration Numbers 1,920,595, 1,943,956, 2,102,654, 2,270,951 and 3,822,185
`
`(collectively, the “AGEWELL Registrations”). The AGEWELL Registrations cover a variety of
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`goods and services related to the healthcare field.
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`
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`6.
`
`Opposer has been using the AGEWELL mark to promote its health care goods
`
`and services since 1990. Since that time, Opposer has established extensive and valuable
`
`goodwill in the AGEWELL mark and has spent significant amounts of time and money
`
`establishing this goodwill.
`
`7.
`
`The AGEWELL mark has come to indicate and stand for the high quality services
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`offered by Opposer.
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`8.
`
`As a result of Opposer’s use of the AGEWELL mark, the AGEWELL mark has
`
`become valuable property of Opposer.
`
`APPLICANT’S TRADEMARK APPLICATION
`AND USE OF THE AGEWELLMD MARK
`
`9.
`
`
`Trademark App. Ser. Nos. 87193703 (the “Application”) was filed by Applicant
`
`for the AgeWellMD mark on October 5, 2016.
`
`10.
`
`The Application is a use-based application and covers “Health Care services,
`
`namely, wellness programs featuring the provision of Bioidentical Hormone Replacement
`
`Therapy (BHRT), to adult patients of any age and on an outpatient basis, not for geriatric health
`
`care” in Class 44.
`
`11.
`
`Applicant indicates that it began using the AgeWellMD mark in connection with
`
`its services on September 1, 2014.
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`GROUNDS FOR AND REJECTING APPLICANT’S TRADEMARK APPLICATION
`
`
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`12.
`
`Opposer’s actual, continuous, and continuing use of the AGEWELL Mark in
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`commerce began well before Applicant filed its Application and/or began using AgeWellMD
`
`mark.
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`years.
`
`13.
`
`Each of the AGEWELL Registrations predates the Application by numerous
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`Page 2
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`14.
`
`Applicant’s use and registration of the AgeWellMD mark for the services listed in
`
`the Application is likely to cause confusion, mistake, and/or lead to deception as to the origin of
`
`Applicant’s services in violation of Sections 32 and 43(a) of the Lanham Act, 15 U.S.C. §§1114
`
`and 1125(a).
`
`15.
`
`The likelihood of confusion is apparent in this instance because the AgeWellMD
`
`mark contains the entirety of the AGEWELL mark, the AgeWellMD mark is confusingly similar
`
`to the AGEWELL mark, and both marks are used in connection with healthcare services.
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`16.
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`Applicant’s use and registration of the AgeWellMD mark is likely to result in
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`confusion and substantial damage and injury to Opposer. Persons familiar with Opposer’s
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`AGEWELL mark are likely to believe that Applicant’s services originate with, or are licensed,
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`sponsored or approved by Opposer. Any such confusion would inevitably result in loss of sales
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`to Opposer, and/or damage the goodwill and reputation that Opposer has established in the
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`AGEWELL mark.
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`WHEREFORE, Opposer prays that the Application be rejected.
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`Dated this 12th day of October, 2017.
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`Respectfully submitted,
`
`By:
`
`
`
`
`
`
`
`
`
`
`
`
`/Bradley M. Stohry/
`Bradley M. Stohry
`REICHEL STOHRY LLP
`212 West 10th Street
`Suite A-285
`Indianapolis, Indiana 46202
`(317) 423-8820
`
`Attorney for Agewell, LLC
`
`Page 3
`
`
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`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the foregoing was served upon the following by
`first-class United States mail, postage prepaid, on October 12, 2017:
`
`
`Ms. Valissa Tsoucaris
`Tsoucaris Law LLC
`3000 Holly Street
`Denver, CO 80207
`
`
`
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`By:
`
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`/Bradley M. Stohry/
`Bradley M. Stohry
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