Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA904104
`06/19/2018
`
`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
`
`Eli Lilly and Company
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`06/20/2018
`
`Lilly Corporate Center
`Indianapolis, IN 46285
`UNITED STATES
`
`Ned W. Branthover
`Abelman Frayne Schwab
`600 Third Ave
`New York, NY 10017
`UNITED STATES
`Email: nwbranthover@lawabel.com, pjlynfield@lawabel.com
`Phone: 2129499022
`
`Applicant Information
`
`Application No
`
`87630246
`
`Publication date
`
`02/20/2018
`
`Opposition Filing
`Date
`
`Applicant
`
`06/19/2018
`
`Wockhardt Bio AG
`Grafenauweg 6
`Zug, 6300
`SWITZERLAND
`
`Opposition Peri-
`od Ends
`
`06/20/2018
`
`Goods/Services Affected by Opposition
`
`Class 005. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Medicinal, pharmaceutical and veterinary
`preparations for treating diabetes; medicinal, pharmaceutical and veterinary preparations containing
`insulin for treating diabetes; insulin
`
`Class 010. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Medical apparatus used for the deliveryof
`inhaled insulin; medical apparatus for the delivery of insulin to the body
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Application
`No.
`
`86648904
`
`Application Date
`
`06/02/2015
`
`
`
`Registration Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`BAQSIMI
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 005. First use: First Use: 0 First Use In Commerce: 0
`Pharmaceutical preparations, namely, glucagon for diabetes related hypogly-
`cemia, including low blood sugar, diabetes insulin shock, and insulin reaction
`
`Attachments
`
`86648904#TMSN.png( bytes )
`Eli Lilly and Company v. Wockhardt Bio AG Trademark Opp. Basimir.pdf(95840
`bytes )
`
`Signature
`
`/Ned W. Branthover/
`
`Name
`
`Date
`
`Ned W. Branthover
`
`06/19/2018
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`229,956
`
`In the Matter of Serial No. 87/630,246
`
`Filed October 7, 2017
`
`Eiiiiiifii—EEQQJQAJ________________________
`
`Opposer,
`
`Opposition No.
`
`v.
`
`I
`
`Wockhardt Bio AG
`
`______________________________________________________ x
`
`Applicant
`
`
`NOTICE OF OPPOSITION
`
`Opposer Eli Lilly and Company (“Opposer”), a corporation organized and existing in the state
`
`of Indiana, with an office at Lilly Corporate Center, Indianapolis, Indiana 46285, believes that it will
`
`be damaged by the registration of Trademark Application Serial No. 87/630,246 for the trademark
`
`BASIMIR (“Trademark Application”) and hereby opposes registration.
`
`As grounds for this opposition it is alleged that:
`
`l.
`
`Opposer owns a trademark application based on intent
`
`to use for the trademark
`
`BAQSIMI as shown in US.
`
`trademark application serial number 86/648,904 in connection with
`
`“pharmaceutical preparations, namely, glucagon for diabetes related hypoglycemia,
`
`including low
`
`blood sugar, diabetes insulin shock, and insulin reaction” which was filed on June 2, 2015.
`
`2.
`
`Wockhardt Bio AG (“Applicant”) filed its US. Trademark Application Serial Number
`
`87/630,246 on October 2, 2017 for the mark BASIMIR based on an intent to use for the following
`
`goods:
`
`
`
`Medicinal, pharmaceutical and veterinary preparations for treating
`
`diabetes; medicinal,
`
`pharmaceutical
`
`and
`
`veterinary
`
`preparations
`
`containing insulin for treating diabetes;
`
`insulin;
`
`(1C 5) and Medical
`
`apparatus used in the delivery of inhaled insulin; medical apparatus for the
`
`delivery ofinsulin to the body (IC 10).
`
`3.
`
`Opposer filed its application for the trademark BAQSlMl prior to Applicant’s filing
`
`date for Applicant’s trademark BASIMIR.
`
`4.
`
`Opposer believes Applicant’s mark BASIMIR will cause confusion with Opposer’s
`
`trademark BAQSIMI due to the visual and phonetic similarity of the trademarks and the similarity of
`
`the goods bearing the respective marks which will
`
`lead consumers to mistakenly believe that
`
`Applicant’s diabetes related products are sponsored, associated or somehow related to Opposer’s
`
`BAQSIMI diabetes related products.
`
`5.
`
`Opposer will be damaged by Applicant’s registration of its trademark because it will
`
`cause a likelihood of confusion with Opposer’s trademark.
`
`WHEREFORE,
`
`the Opposer
`
`respectfully prays that Trademark Application Serial No.
`
`87/630,246 be denied registration and that this opposition be sustained.
`
`Date: June fl, 2018
`
`/
`
`d.W ' (:75
`
`9%
`
`‘9
`
`1111 Suhm'
`
`
`
`
`"M M
`
`Peter J. Lynficld.
`Ned W. Branthover
`
`ABELMAN, FRAYNE & SCHWAB
`666 Third Avenue
`
`New York, New York 10017
`Tel: 212-949—9022
`
`Fax: 212 949—9190
`
`Email: nwbranIlip_v<-':_1'(gg__|_qwa_ibcI ,ugjnn
`pjlynfield@lawabel.com
`
`Attorneys for Opposer
`
`Eli Lilly and Company
`
`
