TTAB
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Application Serial No. 87/169,765
`Marks: ADULT CONGENITAL HEART ASSOCIATION & Design
`
`------------------------------------------------------------ x
`CVS PHARMACY, INC.,
`
`Opposer,
`
`v.
`
`Opposition No.
`
`ADULT CONGENITAL HEART
`ASSOCIATION, INC.,
`
`Applicant.
`------------------------------------------------------------x
`
`NOTICE OF OPPOSITION
`
`CVS Phannacy, Inc. ("CVS"), a Rhode Island corporation having a business address of
`
`One CVS Drive, Woonsocket, RI 02865, believes that it will be damaged by registration of the
`
`subject mark of Application Serial No. 87/169,765 (the "Challenged Application") for ADULT
`
`CONGENITAL HEART ASSOCIATION & Design (shown below), and hereby opposes that
`
`application. On information and belief, the owner of the Challenged Application is Adult
`
`Congenital Heart Association, Inc. ("Applicant"), a Massachusetts corporation having an address
`
`of 59 Fountain Street, Framingham, Massachusetts 01702.
`
`Adult
`Congenital
`Heart
`Association
`
`11/28/2817 S6Hl"1
`
`00808009 87169765
`
`Y1 fC:!ilt~c
`02 FC::600~
`
`cY~~.l!IY OP
`200.00 o~
`
`lllllllllllllllllllllllllllllllllllllllllllllllllllllll\1111
`11·20-2017
`
`U.S. Pat ent & TMOf c/TM Mall Rcpt o: . #
`
`

`

`The grounds for opposition are as follows:
`
`1.
`
`CVS is the largest drugstore chain in the United States, having more than 9,700
`
`retail locations. It also has more than 1, I 00 walk-in medical clinics and is a leading pharmacy
`
`benefits manager with nearly 90 million plan members, including persons with congenital heart
`
`disease.
`
`2.
`
`In 2017, Fortune 500 ranked CVS the seventh largest corporation in the United
`
`States, and selected CVS as one of the top fifty most admired companies in the world in
`
`recognition of CVS's leadership in several key aspects of its industry, including innovation and
`
`social responsibility.
`
`3.
`
`CVS extensively has used, and continues to use, a family of marks consisting of
`
`the geometric heart design shown below (the "CVS Heart Design") or incorporating the CVS
`
`Heart Design (collectively, the "CVS Heart Marks"), across its branding for a wide array of
`
`goods and services, including its pharmacy services, health and wellness goods and services,
`
`charitable services, promoting public awareness of heart disease and other health-related issues,
`
`providing financial information and counseling relating to medical services, and providing online
`
`information relating to heart disease and other health-related matters, among others.
`
`4.
`
`CVS is the owner of numerous federal registrations and applications for the CVS
`
`Heart Marks, a schedule of which is annexed hereto as Exhibit A, together with printouts from
`
`the TSDR Database showing the current status and title of each of those filings.
`
`5.
`
`CVS adopted and has continuously used at least one of its CVS Heart Marks in
`
`U.S. commerce since at least as early as September 2014.
`
`2
`
`

`

`6.
`
`CVS has dedicated significant time, money and effort in creating and sustaining
`
`high quality standards for the goods and services it provides under the CVS Heart Marks.
`
`7.
`
`By virtue of CVS's longstanding use and promotional efforts, as well as
`
`substantial unsolicited media attention, the CVS Heart Marks, have developed extensive and
`
`valuable goodwill that belongs exclusively to CVS.
`
`8.
`
`In its ongoing efforts to improve and support the health and wellness of its
`
`customers, which has included ending the sale of tobacco products in its stores, CVS also has
`
`recently ceased sales of all sun care products with SPF lower than 15, and by 2019 will remove
`
`parabens, fonnaldehyde, and phthalates from several of its store brand personal care product
`
`lines.
`
`9.
`
`CVS is a sponsor of the American Heart Association's GO RED FOR WOMEN®
`
`movement, whose focus is to end heart disease and stroke in women by supporting awareness,
`
`research, education and community programs to benefit women. In connection with the GO
`
`RED FOR WOMEN movement, CVS has offered free heart-health screenings at its medical
`
`clinics under the CVS Heart Marks.
`
`10.
`
`On September 13, 2016, Applicant filed the Challenged Application based on use
`
`of the mark ADULT CONGENITAL HEART ASSOCIATION & Design since June 15, 2016,
`
`for the following services:
`
`Class 35: "Promoting public awareness of congenital heart disease; public advocacy to
`
`promote awareness of congenital heart disease;"
`
`Class 36: "Charitable fundraising services; financial administration of fellowship
`
`programs; financial sponsorship of research programs; providing financial information
`
`services to those affected by congenital heart disease;"
`
`3
`
`

`

`Class 36: "On-line journals, namely, blogs featuring information related to congenital
`
`heart disease; providing on-line publications in the nature of articles and directories in the
`
`field of congenital heart disease; arranging and conducting educational conferences;
`
`charitable services, namely, mentoring of individuals affected by congenital heart disease
`
`in the field of congenital heart disease;" and
`
`Class 41: "Evaluating organizations to detennine whether the organizations confonn to
`
`an established accreditation standard; creating an on-line community for individuals
`
`affected by congenital heart disease and medical professionals."
`
`11.
`
`The services set forth in the Challenged Application are identical to or
`
`substantially similar to services provided by CVS in connection with the CVS Heart Marks,
`
`including the CVS Heart Design.
`
`12.
`
`CVS's rights in and to its CVS Heart Marks are long prior to any rights Applicant
`
`may have in the United States with respect to the subject mark of the Challenged Application.
`
`13.
`
`Applicant's use of the subject mark in the Challenged Application in connection
`
`with the services covered by the Challenged Application is without CVS's consent or
`
`authorization.
`
`14.
`
`On information and belief, the services set forth in the Challenged Application are
`
`offered through some of the same channels of trade and to some of the same types of consumers
`
`as those through and to which CVS's goods and services sold under the CVS Heart Marks are
`
`offered.
`
`15.
`
`The subject mark of the Challenged Application so resembles the CVS Heart
`
`Marks, as to be likely, when used in connection with the services set forth in the Challenged
`
`Application, to cause confusion, to cause mistake, or to deceive as to the affiliation, connection
`
`4
`
`

`

`or association of Applicant with CVS, or as to the origin, sponsorship or approval of Applicant
`
`by CVS, in violation of Section 2(d) of the Lanham Act, 15 U.S.C. § 1052(d).
`
`16.
`
`CVS believes that it will be damaged by the registration of the subject mark of
`
`the Challenged Application because such registration would support and assist Applicant in
`
`the confusing and misleading use of the designation it seeks to register, and would give color
`
`of exclusive statutory rights to Applicant, in violation and derogation of the prior superior
`
`rights of CVS.
`
`WHEREFORE, CVS requests that the Challenged Application be refused registration,
`
`and that the Trademark Trial and Appeal Board grant such other relief as it deems just and
`
`proper.
`
`Please recognize as attorneys for CVS in this proceeding Catherine M.C. Farrelly and
`
`Dorna Mohaghegh (members of the Bar of the State of New York), and the law finn of
`
`Frankfurt Kumit Klein & Selz P.C., 488 Madison Avenue, l01h Floor, New York, NY 10022.
`
`5
`
`

`

`Kindly direct all cotTespondence to the attention of Catherine M.C. Farrelly at the
`
`following address.
`
`Dated: November 20, 2017
`
`Respectfully Submitted,
`
`FRAN~. K.LE!N & SELZ P.C.
`By: ~~---"--__:::"'-~--"~~
`
`Catherine M.C. Farrelly
`Doma Mohaghegh
`488 Madison A venue
`101h Floor
`New York, NY 10022
`Tel: 212.980.0120
`E: ~farrclly(a),tkks.co m
`dmohaghcgh@tkks.com
`
`Attorneys for Opposer,
`CVS PharmaGy, Inc.
`
`6
`
`

`

`EXHIBIT A
`EXHIBIT A
`
`

`

`United States Trademark Filings for the CVS Heart Marks
`
`Mark
`
`•
`
`Reg./Ser. No.
`5,088,325
`
`pharma9y
`.:1mas
`•CVSpharma9y 5,047,092
`~mas
`
`•CVS
`pharmacy
`.\,,,.:t
`
`pharmacy
`
`5, 157,590
`
`5,157,603
`
`•CVS pharmacy
`
`5,031,926
`
`•CVS pharmacy
`
`5,027,198
`
`•cvs
`•cvs
`•CVSHealth
`
`5,101,943
`
`5,101,942
`
`5,055,143
`
`Goods and Services
`Status
`Registered 35: Retail store and online retail store services, namely,
`pharmacy, retail drug store and general merchandise store
`services
`Registered 35: Retail store and online retail store services, namely,
`pharmacy, retail drug store and general merchandise store
`services
`Registered 35: Retail store and online retail store services, namely,
`pharmacy, retail drug store and general merchandise store
`services
`Registered 35: Retail store and online retail store services, namely,
`pharmacy, retail drug store and general merchandise store
`services
`Registered 35: Retail store and online retail store services, namely,
`pharmacy, retail drug store and general merchandise store
`services
`Registered 35: Retail store and online retail store services, namely,
`pharmacy, retail drug store and general merchandise store
`services
`Registered 35: Retail store and online retail store services, namely,
`pharmacy, retail drug store and general merchandise store
`services
`Registered 35: Retail store and online retail store services, namely,
`pharmacy, retail drug store and general merchandise store
`services
`Registered 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
`prescription drugs, healthcare, general merchandise and
`beauty products; mail order of pharmaceuticals and specialty
`pharmaceuticals and specialty pharmaceuticals distributorship
`services
`
`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
`
`

`

`Mark
`
`Reg./Ser. No.
`
`Status
`
`Goods and Services
`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
`
`•CVSHealth
`
`5,055,142
`
`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, namely,
`providing therapy management services relating to the
`provision of in-home and ambulatory infusion therapies and
`nutritional therapy services; medical services, namely,
`infusion services provided at home and in clinics; nursing
`services; providing medical information concerning
`hemophilia; providing in-home and ambulatory dispensing
`and administering of infusion pharmaceuticals and providing
`hemophilia, anti-infectives, pain remediation, palliative care,
`cardiac, inotropic, antitrypsin deficiency, pre-transplant, post-
`transplant, growth hormone, hepatitis, osteoarthritis, steroid,
`immune deficiency, rheumatoid arthritis, multiple sclerosis,
`interferon, alcohol dependency, oncology, fertility, vaccine
`and nutritional therapy services; providing consultation in the
`dispensing of pharmaceuticals and pharmaceutical advice;
`medical clinic featuring non-emergency medical diagnostic
`services in convenient locations
`Registered 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
`prescription drugs, healthcare, general merchandise and
`beauty products; mail order of pharmaceuticals and specialty
`pharmaceuticals and specialty pharmaceuticals distributorship
`services
`
`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
`
`

`

`Mark
`
`Reg./Ser. No.
`
`Status
`
`Goods and Services
`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
`
`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, namely,
`providing therapy management services relating to the
`provision of in-home and ambulatory infusion therapies and
`nutritional therapy services; medical services, namely,
`infusion services provided at home and in clinics; nursing
`services; providing medical information concerning
`hemophilia; providing in-home and ambulatory dispensing
`and administering of infusion pharmaceuticals and providing
`hemophilia, anti-infectives, pain remediation, palliative care,
`cardiac, inotropic, antitrypsin deficiency, pre-transplant, post(cid:173)
`transplant, growth hormone, hepatitis, osteoarthritis, steroid,
`immune deficiency, rheumatoid arthritis, multiple sclerosis,
`interferon, alcohol dependency, oncology, fertility, vaccine
`and nutritional therapy services; providing consultation in the
`dispensing of pharmaceuticals and pharmaceutical advice;
`medical clinic featuring non-emergency medical diagnostic
`services in convenient locations
`Registered 03: Lip balm
`
`05: A full line of wound care, namely, bandages and
`dressings for skin wounds, anti-bacterial bandages, gauze,
`burn relief medications, namely, aloe burn relief spray, burn
`dressings in the form of sprays and pads, non-adhesive
`surgical pads, medical antiseptic spray cleaners for skin and
`wounds, saline wound wash; tapes for medical purposes,
`namely, elastic, flexible, adherent, adhesive tapes; eye gauze
`pads; rolled cotton for medical purposes; first aid kit; scar
`treatment preparations, namely, scar relief gel; a full line of
`vitamins, minerals and nutritional supplements; a full line of
`medicines, remedies and preparations, namely, antitussive
`cold preparations, preparations for treating flu, preparations
`for treating colds, headache treatment preparations,
`acetaminophen, allergy relief medications, analgesics,
`preparations in tablet and liquid forms for treating colds,
`
`5,187,089
`
`

`

`Mark
`
`Reg./Ser. No.
`
`Status
`
`Goods and Services
`cough treatment preparations in the nature of cough
`suppressants, cough syrups and drops, medicated throat
`sprays, medicinal creams and ointments for treatments 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;
`throat lozenges; nasal strips; nasal sprays; eye drops;
`eucalyptus oil for phannaceutical purposes; medicated lip
`balm; sinus cleanser wash kit consisting of an applicator and
`concentrated saline capsules or saline packets for sinus and
`nasal irrigation; saline sprays for medical purposes; cold and
`canker sore treatment preparations
`
`SilverScript
`
`••CVSHealth_,,.,_
`• - .. - caremark
`
`4,985,132
`
`5,210,527
`
`lQ: Medical face masks for use by medical personnel;
`silicone gel sheeting for the treatment of scars; latex gloves
`for medical purposes; cotton gloves for medical purposes;
`latex-free gloves for medical purposes
`Registered 36: Phannacy benefit management services
`
`Registered 35: Mail order of phannaceuticals; Pharmaceutical cost
`management for the health care benefit plans of others;
`Health care utilization and review services as they relate to
`prescription drugs, including, phannaceutical cost
`management, drug review utilization services, verification of
`benefits, prior authorization and review services
`
`36: Phannacy benefit management services; Underwriting
`insurance for pre-paid health care; 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 phannaceutical reimbursement collection for
`patients from private and public sources, administration of
`pharmaceutical reimbursement collection programs for
`others, administration of employee phannaceutical benefits,
`administration of prepaid employee health care plans,
`financial counseling, and payment processing for medical
`services involving home and hospital care; 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
`
`44: Therapeutic phannaceutical services, namely,
`comprehensive health care programs comprising drug therapy
`and physician support services in the nature of providing
`consultation in the dispensing of phannaceuticals for persons
`with chronic health issues
`
`

`

`Mark
`
`Reg./Ser. No.
`5,307,113
`
`5,307,167
`
`Goods and Services
`Status
`Registered 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
`
`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
`harmac
`roviders
`Registered 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
`prescription drugs, healthcare, general merchandise and
`beauty products; mail order of pharmaceuticals and specialty
`pharmaceuticals and specialty pharmaceuticals distributorship
`services
`
`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 ro rams, administration of em lo ee
`
`

`

`Mark
`
`Reg./Ser. No.
`
`~
`
`5,307,166
`
`Status
`
`Goods and Services
`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
`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, namely,
`providing therapy management services relating to the
`provision of in-home and ambulatory infusion therapies and
`nutritional therapy services; medical services, namely,
`infusion services provided at home and in clinics; nursing
`services; providing medical information concerning
`hemophilia; providing in-home and ambulatory dispensing
`and administering of infusion pharmaceuticals and providing
`hemophilia, anti-infectives, pain remediation, palliative care,
`cardiac, inotropic, antitrypsin deficiency, pre-transplant, post-
`transplant, growth hormone, hepatitis, osteoarthritis, steroid,
`immune deficiency, rheumatoid arthritis, multiple sclerosis,
`interferon, alcohol dependency, oncology, fertility, vaccine
`and nutritional therapy services; providing consultation in the
`dispensing of pharmaceuticals and pharmaceutical advice;
`medical clinic featuring non-emergency medical diagnostic
`services in convenient locations
`Registered 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, namely,
`providing therapy management services relating to the
`provision of in-home and ambulatory infusion therapies and
`nutritional therapy services; medical services, namely,
`infusion services provided at home and in clinics; nursing
`services; providing medical information concerning
`hemophilia; providing in-home and ambulatory dispensing
`and administering of infusion pharmaceuticals and providing
`hemophilia, anti-infectives, pain remediation, palliative care,
`cardiac, inotropic, antitrypsin deficiency, pre-transplant, post-
`transplant, growth hormone, hepatitis, osteoarthritis, steroid,
`immune deficiency, rheumatoid arthritis, multiple sclerosis,
`interferon, alcohol dependency, oncology, fertility, vaccine
`
`

`

`Mark
`
`Reg./Ser. No.
`
`5,291,669
`
`•C'VSHealth
`
`peas
`•CVS specialty
`
`5,281,778
`
`5,324,613
`
`Status
`
`Goods and Services
`and nutritional therapy services; providing consultation in the
`dispensing of pharmaceuticals and pharmaceutical advice;
`medical clinic featuring non-emergency medical diagnostic
`services in convenient locations
`Registered 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, namely,
`providing therapy management services relating to the
`provision of in-home and ambulatory infusion therapies and
`nutritional therapy services; medical services, namely,
`infusion services provided at home and in clinics; nursing
`services; providing medical information concerning
`hemophilia; providing in-home and ambulatory dispensing
`and administering of infusion pharmaceuticals and providing
`hemophilia, anti-infectives, pain remediation, palliative care,
`cardiac, inotropic, antitrypsin deficiency, pre-transplant, post-
`transplant, growth hormone, hepatitis, osteoarthritis, steroid,
`immune deficiency, rheumatoid arthritis, multiple sclerosis,
`interferon, alcohol dependency, oncology, fertility, vaccine
`and nutritional therapy services; providing consultation in the
`dispensing of pharmaceuticals and pharmaceutical advice;
`medical clinic featuring non-emergency medical diagnostic
`services in convenient locations
`Registered 10: Reusable therapeutic packs for medical use
`
`Registered 35: Medical referrals; managed care services, namely,
`electronic processing of health care and pharmaceutical
`information; procurement, namely, purchasing
`pharmaceuticals for others; supplying prescription drugs to
`health plan participants for the funding organizations
`
`36: Insurance claims administration for medical claims and
`pharmaceuticals; processing of insurance claims and payment
`data
`
`41: Medical educational services, namely, providing courses
`of instruction in the medical fields of parenteral and enteral
`therapy and intraperitoneal therapy and treatment; medical
`education services namely, training for medical professionals
`and patients regarding the use and application of enteral and
`parenteral therapy for medical purposes and distributing
`course materials in connection therewith; medical educational
`services, namely, providing individualized and group
`
`

`

`Mark
`
`Reg./Ser. No.
`
`Status
`
`86/656,778
`
`Allowed
`
`Goods and Services
`instruction, seminars and workshops for patients and
`caregivers of patients requiring parenteral and enteral therapy
`for medical purposes
`
`44: Medical services, namely, providing therapy management
`services relating to the provision of in-home and ambulatory
`infusion therapies and nutritional services; Medical services,
`namely, infusion services provided at home and in clinics;
`nursing services; providing medical information concerning
`hemophilia; Providing in-home and ambulatory dispensing
`and administering of infusion pharmaceuticals, and providing
`hemophilia, anti-infectives, pain remediation, palliative care,
`cardiac, inotropic, antitrypsin deficiency, pre-transplant, post(cid:173)
`transplant, growth hormone, hepatitis, osteoarthritis, steroid,
`immune deficiency, rheumatoid arthritis, multiple sclerosis,
`interferon, alcohol dependency, oncology, fertility, vaccine
`and nutritional thera
`services
`03: Non-medicated oral hygiene products, namely, tooth
`cleaning and whitening preparations, tooth whitening
`preparations in the form of rinses, toothpastes, breath
`freshening sprays, tooth whitening strips impregnated with
`tooth whitening preparations, tooth whitening gels,
`dissolvable breath freshening strips, tooth whitening
`toothpaste, tooth polishes, non-medicated mouthwash and
`rinse, anti-cavity fluoride mouth rinses, breath mints for use
`as a breath freshener, breath freshening confectionery in the
`forms of a chewing gum; denture products, namely, denture
`cleaners in the form of tablets, and denture cleaning
`preparations in the form of a cream; tooth whitening kits;
`cloths or tissues impregnated with a skin cleanser
`
`05: Oral anesthetics; oral antiseptics; medicated toothpaste;
`pre-filled dental trays for applying whitening compositions to
`teeth; muscle relaxants; ichthammol salve; multipurpose
`medicated antibiotic cream, analgesic balm and mentholated
`salve; topical analgesic creams and sprays; medicinal creams
`for skin care; lice treatment preparations; antacids and acid
`reducers consisting primarily of antacids; anti-diarrheal and
`anti-gas medications; hemorrhoid treatment preparations;
`laxatives; suppositories; dietary supplements in the nature of
`liquid magnesia for nutritional purposes; stool softeners;
`dietary fiber to aid digestion; enema preparations; personal
`lubricants; Epsom salts; mineral salts for medical purposes;
`motion sickness treatment preparations; dietary fiber and
`probiotic supplements; antibiotic creams, sprays and
`ointments; petroleum jelly for medical purposes; anti-itch
`creams and sprays; anti-bacterial hand sanitizers; wart
`removing preparations; astringents for medicinal purposes;
`hydrocortisone; antise tic creams and ointments; alcohol for
`
`

`

`Mark
`
`Reg./Ser. No.
`
`Status
`
`v
`
`861776,4 16
`
`Allowed
`
`Goods and Services
`medicinal purposes; antibacterial alcohol skin sanitizer gel;
`disposable wipes impregnated with alcohol for medicinal
`purposes; oils for medical purposes; medicated powders;
`calamine lotion; anti-fungal creams and ointments;
`hydrocortisone cream and ointment; witch hazel; gauze finger
`protectors, namely, gauze used for wrapping fingers
`
`lQ: Oral hygiene devices in the nature of dental instruments,
`namely inter-dental cleaners, scalers, dental mirrors, dental
`guards, oral irrigation dental apparatus, namely, liquid-jet
`emitting fixtures for cleaning gum and teeth; oral care kits
`comprising tooth fillers comprised of artificial and synthetic
`materials; fitted latex cast protector sleeve; latex finger
`protectors, namely, latex finger guards for medical purposes;
`finger splints; compression bandages; heat wraps for medical
`use; therapeutic hot and cold compression wraps for the relief
`of pain; therapeutic hot and cold compression wraps;
`therapeutic apparatus, namely, chemically activated wraps,
`ice packs, compresses, and compression bandages; medicated
`pain pads; heating pads for medical purposes either
`chemically or electrically-activated; medical braces for back;
`arm slings for medical purposes; enema apparatus
`
`.fl: Manual and electric toothbrushes; toothbrush
`replacement heads; dental floss; dental flossers; dental floss
`picks featuring a brush; dental care kits consisting primarily
`of toothbrushes, floss and toothpaste; dental tape; oral
`hygiene devices in the nature of dental instruments, namely,
`dental floss picks; water bottles sold empty for medical
`purposes
`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
`
`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