Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA Tracking number:
`ESTTA900726
`06/04/2018
`
`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
`
`CVS Pharmacy, Inc.
`06/03/2018
`
`One CVS Drive
`Woonsocket, RI 02865
`UNITED STATES
`
`Attorney informa-
`tion
`
`S. Stavish, M. Trudell, C. Bryce
`Sheridan Ross P.C.
`1560 Broadway, Suite 1200
`Denver, CO 80202
`UNITED STATES
`Email: mtrudell@sheridanross.com, sstavish@sheridanross.com,
`cbryce@sheridanross.com
`Phone: 3038639700
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`International Re-
`gistration No.
`Applicant
`
`87438431
`06/04/2018
`
`NONE
`
`Publication date
`Opposition Peri-
`od Ends
`International Re-
`gistration Date
`
`12/05/2017
`06/03/2018
`
`NONE
`
`Imosphere, Ltd
`The Gables Bishop Meadow Road
`Loughborough
`Leicestershire, LE115RE
`UNITED KINGDOM
`Goods/Services Affected by Opposition
`
`Class 009. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Downloadable software and software ap-
`plications for archiving, transmitting, and analyzing health care data and medicalimages, for the ex-
`clusive use of healthcare professionals
`Class 035. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Compilation of information and data into
`computer databases for medical analysis, provided exclusively to health care professionals
`Class 042. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Software as a service (SAAS) services fea-
`turing software for use in archiving, transmitting, and analyzing health care data and medical images;
`providing scientific research information in the fieldsof health technology, medical science, and medi-
`cine; all aforementioned services being provided exclusively to health care professionals
`
`

`

`Grounds for Opposition
`
`Priority and likelihood of confusion
`Dilution by blurring
`
`Trademark Act Section 2(d)
`Trademark Act Sections 2 and 43(c)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`5291669
`
`09/19/2017
`
`Word Mark
`Design Mark
`
`NONE
`
`Application Date
`
`11/10/2015
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of an outlined heart shape.
`
`Class 044. First use: First Use: 2016/08/00 First Use In Commerce: 2016/08/00
`Providing medical information regardingprescription 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 dis-
`pensing of pharmaceuticals for persons with chronichealth issues; medical ser-
`vices, namely, providing therapy management services relating to the provision
`of in-home andambulatory infusion therapies and nutritional therapy services;
`medical services, namely, infusion services provided athome and in clinics;
`nursing services; providing consultation in the dispensingof pharmaceuticals and
`pharmaceutical advice; medical clinic featuring non-emergency medical dia-
`gnostic services in convenient locations
`
`U.S. Registration
`No.
`Registration Date
`
`5438669
`
`04/03/2018
`
`Word Mark
`
`NONE
`
`Application Date
`
`10/02/2015
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of an outlined heart shape.
`
`Class 035. First use: First Use: 2015/08/25 First Use In Commerce: 2015/08/25
`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 phar-
`macy services in the field of general merchandise, prescription drugs, health-
`care, specialty pharmaceuticals and beauty products; mail order of pharmaceut-
`icals and specialty pharmaceuticals and specialty pharmaceuticals distributor-
`ship services
`Class 036. First use: First Use: 2015/08/25 First Use In Commerce: 2015/08/25
`Claims processing of pharmaceutical insurance benefits, namely, processing
`and administering individual prescription claims history, benefit amounts, accu-
`mulations 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 bene-
`fits, namely, medical insurance claims administrative services, administration of
`medical and pharmaceutical reimbursement collection programs, administration
`of employeepharmaceutical benefits, administrationof prepaid employee health
`care plans, financial counseling, and payment for medical services involving
`home and hospital care; procurement, namely, purchasingpharmaceuticals for
`others; pharmacy benefit management services; organizing and administering
`preferred provider plansfor a network of pharmacy providers
`
`U.S. Registration
`No.
`Registration Date
`
`5307113
`
`10/10/2017
`
`Word Mark
`
`NONE
`
`Application Date
`
`10/02/2015
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of a solid heart shape.
`
`Class 035. First use: First Use: 2015/11/05 First Use In Commerce: 2015/12/05
`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 phar-
`macy services in the field of general merchandise, prescription drugs, health-
`care, specialty pharmaceuticals and beauty products; mail order of pharmaceut-
`icals and specialty pharmaceuticals and specialty pharmaceuticals distributor-
`ship services
`Class 036. First use: First Use: 2015/08/25 First Use In Commerce: 2015/08/25
`Claims processing of pharmaceutical insurance benefits, namely, processing
`and administering individual prescription claims history, benefit amounts, accu-
`mulations 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 bene-
`fits, namely, medical insurance claims administrative services, administration of
`medical and pharmaceutical reimbursement collection programs, administration
`of employeepharmaceutical benefits, administrationof prepaid employee health
`care plans, financial counseling, and payment for medical services involving
`home and hospital care; procurement, namely, purchasingpharmaceuticals for
`others; pharmacy benefit management services; organizing and administering
`preferred provider plansfor a network of pharmacy providers
`
`U.S. Registration
`No.
`Registration Date
`
`5307166
`
`10/10/2017
`
`Word Mark
`
`NONE
`
`Application Date
`
`11/10/2015
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of a solid heart shape.
`
`Class 044. First use: First Use: 2016/04/20 First Use In Commerce: 2016/04/20
`Providing medical information regardingprescription 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 dis-
`pensing of pharmaceuticals for persons with chronichealth issues; medical ser-
`vices, namely, providing therapy management services relating to the provision
`of in-home andambulatory infusion therapies and nutritional therapy services;
`medical services, namely, infusion services provided athome and in clinics;
`nursing services; providing medical information concerninghemophilia; providing
`in-home and ambulatory dispensing and administering of infusion pharmaceutic-
`als and providing rheumatoid arthritis therapy services; providing consultation in
`the dispensing of pharmaceuticals and pharmaceutical advice; medical clinic
`featuring non-emergency medical diagnostic services in convenient locations
`
`U.S. Registration
`No.
`Registration Date
`
`5307167
`
`10/10/2017
`
`Word Mark
`
`NONE
`
`Application Date
`
`11/10/2015
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of a solid heart shape in red.
`
`Class 035. First use: First Use: 2015/11/05 First Use In Commerce: 2015/12/05
`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 phar-
`macy services in the field of prescription drugs, healthcare, general merchandise
`and beauty products; mail order ofpharmaceuticals and specialty pharmaceutic-
`als and specialty pharmaceuticals distributorship services
`Class 036. First use: First Use: 2015/08/25 First Use In Commerce: 2015/08/25
`Claims processing of pharmaceutical insurance benefits, namely, processing
`and administering individual prescription claims history, benefit amounts, accu-
`mulations 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 bene-
`fits, namely, medical insurance claims administrative services, administration of
`medical and pharmaceutical reimbursement collection programs, administration
`of employeepharmaceutical benefits, administrationof prepaid employee health
`care plans, financial counseling, and payment for medical services involving
`home and hospital care; procurement, namely, purchasingpharmaceuticals for
`others; pharmacy benefit management services; organizing and administering
`preferred provider plansfor a network of pharmacy providers
`Class 044. First use: First Use: 2016/04/20 First Use In Commerce: 2016/04/20
`Providing medical information regardingprescription 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 dis-
`pensing of pharmaceuticals for persons with chronichealth issues; medical ser-
`vices, namely, providing therapy management services relating to the provision
`of in-home andambulatory infusion therapies and nutritional therapy services;
`medical services, namely, infusion services provided athome and in clinics;
`nursing services; providing medical information concerninghemophilia; providing
`in-home and ambulatory dispensing and administering of infusion pharmaceutic-
`als and providing rheumatoid arthritis therapy services; providing consultation in
`
`

`

`the dispensing of pharmaceuticals and pharmaceutical advice; medical clinic
`featuring non-emergency medical diagnostic services in convenient locations
`
`U.S. Registration
`No.
`Registration Date
`
`5055143
`
`10/04/2016
`
`Word Mark
`Design Mark
`
`CVS HEALTH
`
`Application Date
`
`09/02/2014
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of a solid red heart shape appearing before the word "CVS"
`inred, next to the word "Health" in black.
`Class 035. First use: First Use: 2014/09/06 First Use In Commerce: 2014/09/06
`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 phar-
`macy services in the field of prescription drugs, healthcare, general merchandise
`and beauty products; mail order ofpharmaceuticals and specialty pharmaceutic-
`als and specialty pharmaceuticals distributorship services
`Class 036. First use: First Use: 2014/10/22 First Use In Commerce: 2014/10/22
`Claims processing of pharmaceutical insurance benefits, namely, processing
`and administering individual prescription claims history, benefit amounts, accu-
`mulations 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 bene-
`fits, namely, medical insurance claims administrative services, administration of
`medical and pharmaceutical reimbursement collection programs, administration
`of employeepharmaceutical benefits, administrationof prepaid employee health
`care plans, financial counseling, and payment for medical services involving
`home and hospital care; procurement, namely, purchasingpharmaceuticals for
`others; pharmacy benefit management services; organizing and administering
`preferred provider plansfor a network of pharmacy providers
`Class 044. First use: First Use: 2014/10/15 First Use In Commerce: 2014/10/15
`Providing medical information regardingprescription 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 dis-
`pensing of pharmaceuticals for persons with chronichealth issues; medical ser-
`vices, namely, providing therapy management services relating to the provision
`of in-home andambulatory infusion therapies and nutritional therapy services;
`medical services, namely, infusion services provided athome and in clinics;
`nursing services; providing medical information concerninghemophilia; providing
`in-home and ambulatory dispensing and administering of infusion pharmaceutic-
`als 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 arthrit-
`is, multiple sclerosis, interferon, alcohol dependency, oncology, fertility, vaccine
`and nutritional therapy services; providing consultation in the dispensing of phar-
`maceuticals and pharmaceutical advice; medicalclinic featuring non-emergency
`medical diagnostic services in convenient locations
`
`U.S. Registration
`No.
`
`5055142
`
`Application Date
`
`09/02/2014
`
`

`

`Registration Date
`
`10/04/2016
`
`Word Mark
`Design Mark
`
`CVS HEALTH
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of a solid heart shape appearing before the words
`"CVSHealth".
`Class 035. First use: First Use: 2014/09/06 First Use In Commerce: 2014/09/06
`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 phar-
`macy services in the field of prescription drugs, healthcare, general merchandise
`and beauty products; mail order ofpharmaceuticals and specialty pharmaceutic-
`als and specialty pharmaceuticals distributorship services
`Class 036. First use: First Use: 2014/10/22 First Use In Commerce: 2014/10/22
`Claims processing of pharmaceutical insurance benefits, namely, processing
`and administering individual prescription claims history, benefit amounts, accu-
`mulations 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 bene-
`fits, namely, medical insurance claims administrative services, administration of
`medical and pharmaceutical reimbursement collection programs, administration
`of employeepharmaceutical benefits, administrationof prepaid employee health
`care plans, financial counseling, and payment for medical services involving
`home and hospital care; procurement, namely, purchasingpharmaceuticals for
`others; pharmacy benefit management services; organizing and administering
`preferred provider plansfor a network of pharmacy providers
`Class 044. First use: First Use: 2014/10/15 First Use In Commerce: 2014/10/15
`Providing medical information regardingprescription 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 dis-
`pensing of pharmaceuticals for persons with chronichealth issues; medical ser-
`vices, namely, providing therapy management services relating to the provision
`of in-home andambulatory infusion therapies and nutritional therapy services;
`medical services, namely, infusion services provided athome and in clinics;
`nursing services; providing medical information concerninghemophilia; providing
`in-home and ambulatory dispensing and administering of infusion pharmaceutic-
`als 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 arthrit-
`is, multiple sclerosis, interferon, alcohol dependency, oncology, fertility, vaccine
`and nutritional therapy services; providing consultation in the dispensing of phar-
`maceuticals and pharmaceutical advice; medicalclinic featuring non-emergency
`medical diagnostic services in convenient locations
`
`U.S. Registration
`No.
`Registration Date
`
`5324613
`
`10/31/2017
`
`Word Mark
`
`CVS SPECIALTY
`
`Application Date
`
`02/19/2016
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of a solid heart shape appearing before the words "CVS" in
`upper case letters and "SPECIALTY" in lower case letters.
`Class 035. First use: First Use: 2016/08/29 First Use In Commerce: 2016/08/29
`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 parti-
`cipants forthe funding organizations
`Class 036. First use: First Use: 2017/03/15 First Use In Commerce: 2017/03/15
`Insurance claims administration for medical claims and pharmaceuticals; pro-
`cessing of insurance claims and payment data
`Class 041. First use: First Use: 2016/12/31 First Use In Commerce: 2016/12/31
`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 profession-
`alsand patients regarding the use and application of enteral and parenteral ther-
`apy for medical purposes and distributing course materials in connection there-
`with; medical educational services, namely, providing individualized and group
`instruction, seminars and workshops for patients and caregivers of patients re-
`quiringparenteral and enteral therapy for medical purposes
`Class 044. First use: First Use: 2016/03/15 First Use In Commerce: 2016/03/15
`Medical services, namely, providing therapy management services relating to
`theprovision of in-home and ambulatory infusion therapies and nutritional ser-
`vices; Medical services, namely, infusion services provided at home and in clin-
`ics; 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, pal-
`liative 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
`
`U.S. Registration
`No.
`Registration Date
`
`5210527
`
`05/23/2017
`
`Word Mark
`Design Mark
`
`CVS CAREMARK
`
`Application Date
`
`03/15/2016
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of a solid heart nextto "CVS" in all upper case letters nextto
`"CAREMARK" in lower case letters.
`Class 035. First use: First Use: 2016/02/28 First Use In Commerce: 2016/02/28
`Mail order of pharmaceuticals; Pharmaceutical cost management for the health
`care benefit plans of others; Health care utilization and review services as they
`relate to prescription drugs, including,pharmaceutical cost management, drug
`review utilization services, verification of benefits, prior authorization and review
`services
`Class 036. First use: First Use: 2016/02/28 First Use In Commerce: 2016/02/28
`Pharmacy benefit management services; Underwriting insurance for pre-paid
`
`

`

`health care; Insurance and financial servicespertaining to submission of medical
`claims, and handling of assignment of benefits, namely, medical insurance
`claims administrative services, administration ofmedical and pharmaceutical re-
`imbursement collection for patients from private and public sources, administra-
`tion of pharmaceutical reimbursement collection programs for others, adminis-
`tration of employee pharmaceutical benefits, administration of prepaid employee
`health care plans, financial counseling, and payment processing for medical ser-
`vices involving home and hospital care; Claims processing of pharmaceutical in-
`surance benefits, namely, processing and administering individual prescription
`claims history, benefit amounts, accumulations for deductibles and out-of-pocket
`expenses and expense summaries
`Class 044. First use: First Use: 2016/02/28 First Use In Commerce: 2016/02/28
`Therapeutic pharmaceutical services, namely, comprehensive health care pro-
`gramscomprising drug therapy and physician support services in the nature of
`providing consultation in the dispensing of pharmaceuticals for persons with
`chronic health issues
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`4985132
`
`Application Date
`
`06/22/2015
`
`06/21/2016
`
`Foreign Priority
`Date
`SILVERSCRIPT A CVS HEALTH COMPANY
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the word "SilverScript" appearing above the words "a CVS
`Health company" with a heart in between "a" and "CVS".
`Class 036. First use: First Use: 2015/10/01 First Use In Commerce: 2015/10/01
`Pharmacy benefit management services
`
`U.S. Registration
`No.
`Registration Date
`
`5101942
`
`12/13/2016
`
`Word Mark
`Design Mark
`
`CVS
`
`Application Date
`
`02/08/2016
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`The mark consists of a solid heart nextto "CVS" in capital letters.
`
`

`

`Goods/Services
`
`Class 035. First use: First Use: 2016/09/29 First Use In Commerce: 2016/09/29
`Retail store services, namely, featuring a wide variety of consumer goods and
`general merchandise store services
`
`U.S. Registration
`No.
`Registration Date
`
`5101943
`
`12/13/2016
`
`Word Mark
`Design Mark
`
`CVS
`
`Application Date
`
`02/08/2016
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of solid heart next to "CVS" in red capital letters.
`
`Class 035. First use: First Use: 2016/09/29 First Use In Commerce: 2016/09/29
`Retail store services, namely, featuring a wide variety of consumer goods and
`general merchandise store services
`
`U.S. Registration
`No.
`Registration Date
`
`5027198
`
`08/23/2016
`
`Word Mark
`Design Mark
`
`CVS PHARMACY
`
`Application Date
`
`02/01/2016
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of a solid heart nextto "CVS" in all capital letters next
`to"pharmacy" in lower case letters.
`Class 035. First use: First Use: 2016/01/24 First Use In Commerce: 2016/01/24
`Retail store services, namely, pharmacy, retail drug store and general mer-
`chandise store services
`
`U.S. Registration
`No.
`Registration Date
`
`5031926
`
`08/30/2016
`
`Word Mark
`Design Mark
`
`CVS PHARMACY
`
`Application Date
`
`02/01/2016
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Description of
`Mark
`Goods/Services
`
`The mark consists of a solid heart nextto the word "CVS" in capital red letters
`next to "pharmacy" in lower case red letters.
`Class 035. First use: First Use: 2016/01/24 First Use In Commerce: 2016/01/24
`Retail store services, namely, pharmacy, retail drug store and general mer-
`chandise store services
`
`U.S. Registration
`No.
`Registration Date
`
`5157603
`
`03/07/2017
`
`Word Mark
`Design Mark
`
`CVS PHARMACY
`
`Application Date
`
`01/21/2016
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of a solid heart shape appearing before the word "CVS",
`abovethe word "pharmacy".
`Class 035. First use: First Use: 2016/05/22 First Use In Commerce: 2016/05/22
`Retail store services, namely, pharmacy, retail drug store and general mer-
`chandise store services
`
`U.S. Registration
`No.
`Registration Date
`
`5157590
`
`03/07/2017
`
`Word Mark
`Design Mark
`
`CVS PHARMACY
`
`Application Date
`
`01/19/2016
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of a solid red heart shape appearing before the word "CVS"
`inred, next to the word "Pharmacy" in red.
`Class 035. First use: First Use: 2016/05/22 First Use In Commerce: 2016/05/22
`Retail store services, namely, pharmacy, retail drug store and general mer-
`chandise store services
`
`

`

`U.S. Registration
`No.
`Registration Date
`
`5047092
`
`09/20/2016
`
`Word Mark
`Design Mark
`
`CVS PHARMACY Y MÃ#S
`
`Application Date
`
`01/15/2016
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of a solid heart shape appearing before the words "CVS
`PHARMACY Y MAS".
`Class 035. First use: First Use: 2016/03/14 First Use In Commerce: 2016/03/14
`Retail store and online retail store services, namely, pharmacy, retail drug store
`and general merchandise store services
`
`U.S. Registration
`No.
`Registration Date
`
`5088325
`
`11/22/2016
`
`Word Mark
`Design Mark
`
`CVS PHARMACY Y MÃ#S
`
`Application Date
`
`01/15/2016
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of a solid heart shape appearing before the words "CVS
`PHARMACY Y MAS".
`Class 035. First use: First Use: 2016/03/14 First Use In Commerce: 2016/03/14
`Retail store and online retail store services, namely, pharmacy, retail drug store
`and general merchandise store services
`
`U.S. Application/ Registra-
`tion No.
`Registration Date
`
`NONE
`
`NONE
`
`Application Date
`
`NONE
`
`

`

`Design Mark
`
`Goods/Services
`
`collection of pharmaceutical and health care related data, data analyt-
`ics, and providing pharmaceutical and health care related data to the
`public and health care professionals
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`Attachments
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`86814777#TMSN.png( bytes )
`86776416#TMSN.png( bytes )
`86776386#TMSN.png( bytes )
`86814785#TMSN.png( bytes )
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`86913505#TMSN.png( bytes )
`86940767#TMSN.png( bytes )
`86669777#TMSN.png( bytes )
`86900614#TMSN.png( bytes )
`86900617#TMSN.png( bytes )
`86892916#TMSN.png( bytes )
`86893256#TMSN.png( bytes )
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`86879078#TMSN.png( bytes )
`86876974#TMSN.png( bytes )
`86876986#TMSN.png( bytes )
`cvs-health-logo.jpg
`Notice of Opposition.pdf(416248 bytes )
`Exhibit 1.pdf(2791361 bytes )
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`Signature
`Name
`Date
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`/Caroline E. Bryce/
`Caroline E. Bryce
`06/04/2018
`
`

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`

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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. 87/438,431
`Filed on May 5, 2017
`For the mark “heart design”
`Published in the Official Gazette on December 5, 2017
`________________________________________________
`CVS Pharmacy, Inc.,
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`Applicant.
`________________________________________________)
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`Opposer,
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`v.
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`Opposition No. ___________
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`Imosphere, Ltd,
`
`NOTICE OF OPPOSITION
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`Opposer CVS Pharmacy, Inc., a corporation organized under the laws of the state of Rhode Island,
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`with its principal place of business at One CVS Drive, Woonsocket, Rhode Island, United States
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`02865, (“Opposer”) believes that it will be damaged by the registration by Imosphere, Ltd,
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`(“Applicant”) of the mark “heart design” in Classes 9, 35 and 42 as applied for in Application
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`Serial No. 87/438,431 (the “Opposed Application” or “Applicant’s Mark”), and hereby opposes
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`the same.
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`As grounds for the opposition, Opposer, by and through its undersigned counsel, alleges:
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`1.
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`Applicant filed Application Serial No. 87/438,431 for “heart design”
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`on May 5, 2017, with a priority claim for April 11, 2017, on the basis of registration of the mark
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`in the United Kingdom for the following goods in Class 9: downloadable software and software
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`

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`applications for archiving, transmitting, and analyzing health care data and medical images, for
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`the exclusive use of health care professionals; the following services in Class 35: compilation of
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`information and data into computer databases for medical analysis, provided exclusively to health
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`care professionals; and the following services in Class 42: software as a service (SAAS) services
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`featuring software for use in archiving, transmitting, and analyzing health care data and medical
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`images; providing scientific research information in the fields of health technology, medical
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`science, and medicine; all aforementioned services being provided exclusively to health care
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`professionals (goods and services are collectively referred
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`to herein as “Applicant’s
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`Goods/Services”).
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`2.
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`3.
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`The Opposed Application was published for opposition on December 5, 2017.
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`On December 18, 2017, Opposer filed a 90 Day Request for Extension of Time to Oppose
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`for the Opposed Application.
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`4.
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`2018.
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`5.
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`The Extension of Time to Oppose was granted for the Opposed Application until April 4,
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`On March 29, 2018, Opposer filed an additional 60 Day Request for Extension of Time to
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`Oppose the Opposed Application, with the consent of Applicant.
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`The Extension of Time to Oppose was granted for the Opposed Application until June 3,
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`6.
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`2018.
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`7.
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`Opposer’s filing of this Notice of Opposition is timely pursuant to 37 C.F.R. § 2.101 as
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`June 3, 2018, fell on a Sunday.
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`8.
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`Opposer is the owner of U.S. Registration No. 5,291,669 for “Heart Design Outline”
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`
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`2
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`

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`
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`filed November 10, 2015, registered September 19, 2017, with a first use and first use in commerce
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`date of at least as early as August 2016, for the following services in Class 44: providing medical
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`information regarding prescription drugs and drug therapy; providing information regarding
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`patients' prescription drugs and drug therapy; developing and managing comprehensive programs
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`comprising drug therapy and physician support services in the nature of providing consultation in
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`the dispensing of pharmaceuticals for persons with chronic health issues; medical services,
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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
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`diagnostic services in convenient locations.
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`9.
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`Opposer is the owner of U.S. Registration No. 5,438,669 for “Heart Design Outline”
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`
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`filed October 2, 2015, registered April 3, 2018, with a first use and first use in commerce date of
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`at least as early as August 25, 2015, for the following services:
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`a. Class 35: health care utilization and review services as they relate to prescription drugs,
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`namely, pharmaceutical cost management and drug review utilization services, verification of
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`3
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`

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`benefits, prior authorization and review services and coordination of delivery and access to
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`prescription drugs; retail store and online retail pharmacy services in the field of general
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`merchandise, prescription drugs, healthcare, specialty pharmaceuticals and beauty products; mail
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`order of pharmaceuticals and specialty pharmaceuticals and specialty pharmaceuticals
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`distributorship services; and
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`b. Class 36: claims processing of pharmaceutical insur