Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA939531
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`Filing date:
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`12/05/2018
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding
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`91241896
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`Party
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`Correspondence
`Address
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`Submission
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`Filer's Name
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`Filer's email
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`Signature
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`Date
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`Defendant
`Wockhardt Bio AG
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`NICOLE K MCLAUGHLIN
`DUANE MORRIS LLP
`30 S 17TH ST
`PHILADELPHIA, PA 19103-4196
`UNITED STATES
`nkmclaughlin@duanemorris.com
`215-979-1191
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`Answer
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`Nicole K. McLaughlin
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`nkmclaughlin@duanemorris.com
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`/NKM/
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`12/05/2018
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`Attachments
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`BasimirAnswer.pdf(143432 bytes )
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` IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`ELI LILLY AND COMPANY,
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`Opposer,
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`WOCKHARDT BIO AG,
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`Applicant.
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`Opposition No. 91241896
`Serial No. 87/630,246
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`ANSWER TO FIRST AMENDED NOTICE OF OPPOSITION
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`AND AFFIRMATIVE DEFENSES
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`Wockhardt Bio AG (hereinafter "Applicant"), by its undersigned attorneys, answers the
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`First Amended Notice of Opposition in the above-referenced matter, and pleads and avers as
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`follows:
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`1.
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`Applicant admits that the U.S. Patent and Trademark Office’s (“USPTO”) online
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`records database identifies Opposer as the owner of U.S. Trademark Registration No. 4,688,972
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`for the trademark BASAGLAR for “pharmaceutical preparations, namely, pharmaceutical
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`preparations for the treatment of diabetes” which registered on February 15, 2017. Applicant
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`denies all other allegations made or implied in Paragraph 1.
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`2.
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`Applicant admits that the USPTO’s online records database identifies Opposer as
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`the owner of U.S. Application Serial No. 86/648904 for the trademark BAQSIMI for
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`“pharmaceutical preparations, namely, glucagon for diabetes related hypoglycemia, including
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`low blood sugar, diabetes insulin shock, and insulin reaction” which was filed on June 2, 2015
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`(not April 12, 2016 as stated by Opposer). Applicant denies all other allegations made or
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`implied in Paragraph 2.
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`3.
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`4.
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`Applicant admits the allegations of Paragraph 3.
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`Applicant admits the allegations of Paragraph 4.
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`Applicant denies the allegations of Paragraph 5.
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`Applicant denies the allegations of Paragraph 6.
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`5.
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`6.
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`AFFIRMATIVE DEFENSES
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`7.
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`Applicant repeats and re-alleges its Answer in Paragraphs 1 through 6 as though
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`fully set forth herein.
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`8.
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`The First Amended Notice of Opposition fails to state a claim for which relief
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`may be granted.
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`9.
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`Applicant’s BASIMIR mark, when used on or in connection with its identified
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`goods, does not resemble Opposer’s BASAGLAR and BAQSIMI marks, when used on or in
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`connection with their respective goods, as to create a likelihood of confusion as to the source or
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`association/sponsorship of the parties’ respective goods.
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`PRAYER FOR RELIEF
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`WHEREFORE, Applicant prays that the Opposition be dismissed, and that a Certificate
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`of Registration be issued to Applicant for its mark.
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`Dated: December 5, 2018
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`Respectfully submitted,
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`/NKM/
`Nicole K. McLaughlin
`DUANE MORRIS LLP
`30 S. 17th Street
`Philadelphia, PA 19103
`(215) 979-1191
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`Attorneys for Applicant
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`CERTIFICATE OF SERVICE
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` hereby state that a true and correct copy of the foregoing Answer to First Amended
`Notice of Opposition and Affirmative Defenses was filed with the Trademark Trial and Appeal
`Board via the ESTTA electronic filing system and served upon Attorneys for Opposer via
`ESTTA and email, as follows this 5th day of December 2018.
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`Peter J. Lynfield
`Ned W. Branthover
`ABELMAN, FRAYNE & SCHWAB
`666 Third Avenue
`New York, NY 10017
`nwbranthover@lawabel.com, pjlynfield@lawabel.com
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`/NKM/
`Nicole K. McLaughlin, Esquire
`Duane Morris LLP
`30 S. 17th Street
`Philadelphia, Pennsylvania 19103
`215-979-1191
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`Attorneys for Applicant
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