Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA947968
`01/16/2019
`
`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
`
`CELATOR PHARMACEUTICALS, INC.
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`01/16/2019
`
`200 Princeton South Corporate Center
`Ewing, NJ 08628
`UNITED STATES
`
`Tiffany A. Blofield
`Winthrop & Weinstine, P.A.
`225 South Sixth Street Suite 3500
`Minneapolis, MN 55402
`UNITED STATES
`Tblofield@winthrop.com, Sbaird@winthrop.com, Greyes@winthrop.com, Trade-
`mark@winthrop.com, Cclassen@winthrop.com, Ayoung@winthrop.com
`6126046684
`
`Applicant Information
`
`Application No
`
`87719755
`
`Publication date
`
`09/18/2018
`
`Opposition Filing
`Date
`
`Applicant
`
`01/16/2019
`
`Opposition Peri-
`od Ends
`
`01/16/2019
`
`Vytalyx Inc
`815A Brazos Street Ste 265
`Austin, TX 78701
`UNITED STATES
`
`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: Compounded pharmaceuticals, namely,
`sterile injectables, non-sterile solutions,suspensions, ointments, creams, powders, capsules, tablets
`and troches for use in the areas of, Weight management, Erectile dysfunction treatment, Male hor-
`monereplacement treatment, Female hormone replacement treatment, Bio-identical hormone re-
`placement, Adrenal dysfunction treatment, Thyroid dysfunction treatment, Pain management, Palliat-
`ive care, Sports medicine, Amino acid replacement therapy, Mineral replacement therapy, Vitamin re-
`placement therapy, Anti-aging therapy, Dermatology, Fertility, Growth Hormone therapy; and Anticon-
`vulsant agents, Antihypertensive agents, Antidiabetic agents,Non-steroidal anti-inflammatory
`agents,Anesthetic agents, Vasoactive agents, Lipotropic agents, Chelating agents, Psychoactive
`agents; Compounded personalizedpharmaceuticals, namely, sterile injectables, non-sterile solutions,
`suspensions, ointments, creams, powders, capsules,tablets and for use in the areas of, Weight man-
`agement, Erectile dysfunction treatment, Male hormone replacement treatment, Female hormone re-
`placement treatment, Bio-identical hormone replacement, Adrenal dysfunction treatment, Thyroid
`
`

`

`dysfunction treatment, Pain management, Palliative care, Sports medicine, Amino acid replacement
`therapy, Mineral replacement therapy, Vitamin replacement therapy,Anti-aging therapy, Dermatology,
`Fertility, Growth Hormone therapy; and Anticonvulsant agents, Antihypertensive agents,Antidiabetic
`agents, Non-steroidal anti-inflammatory agents, Anesthetic agents,Vasoactive agents, Lipotropic
`agents, Chelating agents, Psychoactive agents; Compounded personalized pharmaceuticals,
`namely, sterile injectables, non-sterile solutions, suspensions, ointments, creams, powders, capsules,
`tablets and troches based on medical, genetic, genomic, nutrigenomic, pharmacogenomic, microbio-
`mic, metabolomic, proteomic, biochemistry, biomarker, health, dietary, nutrition, exercise, physical fit-
`ness, lifestyle andpersonal information for use in the areas of, Weight management, Erectile dysfunc-
`tion treatment, Male hormone replacement treatment, Female hormone replacementtreatment, Bio-
`identical hormone replacement, Adrenal dysfunction treatment, Thyroid dysfunction treatment, Pain
`management, Palliative care, Sports medicine, Amino acid replacement therapy, Mineral replacement
`therapy, Vitamin replacementtherapy, Anti-aging therapy, Dermatology, Fertility, Growth Hormone
`therapy; and Anticonvulsant agents, Antihypertensive agents, Antidiabetic agents, Non-steroidal anti-
`inflammatory agents, Anesthetic agents, Vasoactive agents, Lipotropic agents, Chelating agents,
`Psychoactive agents; Genetic marker tests comprised ofreagents for medical purposes; Medical dia-
`gnostic reagents and assays for testing of body fluids in the nature of genomic, microbiomic, meta-
`bolomic, and biochemical tests; Medical diagnostic test kits comprised of medical diagnostic reagents
`and assays used to collect test samples for analyzing DNA, blood, hair, saliva and stool information
`for use in DNA, blood, hair, saliva and stool testing ofhumans; Kits comprised of medical diagnostic
`reagents and assays for use in genetic, genomic, microbiomic, metabolomic,and biochemical testing;
`Kits comprisedof medical diagnostic reagents and assays for use in DNA, blood, hair, saliva and stool
`testing of humans; Medical diagnostic test media in the form of strips,threads, swabs, cartridges, and
`collection tubes for collecting and analyzing genetic, genomic, microbiomic, metabolomic, and bio-
`chemical data
`
`Class 009. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Computer software and mobile device soft-
`ware for use in collecting, storing, managing, aggregating, analyzing, diagnosing, parsing, learning,
`sharing, distributing, referencing, monitoring and integrating medical, health, genetic, genom-
`ic,pharmacogenomic, nutrigenomic, microbiomic, metabolomic, proteomic, biochemistry, biomarker,
`dietary, nutrition, exercise, physical fitness, lifestyle and personal information; Computer software and
`mobile device software for use in collecting, storing, managing, aggregating, analyzing, diagnosing,
`parsing, learning, sharing, distributing, referencing, monitoring and integrating medical, health, genet-
`ic, genomic, pharmacogenomic, nutrigenomic, microbiomic, metabolomic, proteomic, biochemistry,
`biomarker, dietary, nutrition, exercise, physical fitness, lifestyle and personal information, and for
`providing health and wellness evaluations and recommendations based on medical, health, genetic,
`genomic, pharmacogenomic, nutrigenomic, microbiomic, metabolomic, proteomic, biochemistry, bio-
`marker, dietary, nutrition, exercise, physicalfitness, lifestyle and personal information; Computer soft-
`ware and mobile device software incorporating artificial intelligence and machine learning models for-
`collecting, analyzing, assessing, interpreting and predicting medical, health, genetic, genomic, phar-
`macogenomic, nutrigenomic, microbiomic, metabolomic, proteomic, biochemistry, biomarker, dietary,
`nutrition, exercise, physical fitness, lifestyle and personal information, associations, conditions, out-
`comes, effects and risks; Computer software and mobile device software incorporating artificial intelli-
`gence and machine learning modelsfor collecting, analyzing, assessing, interpreting and predicting
`medical, health, genetic, genomic, pharmacogenomic, nutrigenomic, microbiomic, metabolomic, pro-
`teomic, biochemistry, biomarker, dietary, nutrition, exercise, physical fitness, lifestyle and personal in-
`formation, associations, conditions, outcomes, effects and risks, and for providing health and well-
`ness evaluations and recommendations based on medical, health, genetic, genomic, pharmacogen-
`omic, nutrigenomic, microbiomic, metabolomic, proteomic, biochemistry, biomarker, dietary, nutri-
`tion,exercise, physical fitness, lifestyle and personal information; Downloadable computer databases
`for collecting, storingand accessing medical, health, genetic,genomic, pharmacogenomic, nutrigen-
`omic,microbiomic, metabolomic, proteomic, biochemistry, biomarker, dietary, nutrition, exercise,
`physical fitness, lifestyleand personal information, associations,conditions, outcomes, effects and
`risks; Downloadable computer databases for collecting, storing and accessing medical,health, genet-
`ic, genomic, pharmacogenomic, nutrigenomic, microbiomic, metabolomic, proteomic, biochemistry,
`biomarker, dietary, nutrition, exercise, physical fitness, lifestyle and personal information, associ-
`ations, conditions, outcomes, effects and risks, and for providing health and wellness evaluations and
`recommendations based on medical, health, genetic, genomic, pharmacogenomic, nutrigenomic, mi-
`crobiomic, metabolomic, proteomic,biochemistry, biomarker, dietary, nutrition, exercise, physical fit-
`
`

`

`ness, lifestyle and personal information; Providing online downloadable software services featuring
`software for medical, health, genetic, genomic, pharmacogenomic, nutrigenomic, microbiomic, meta-
`bolomic, proteomic, biochemistry, biomarker, dietary, nutrition, exercise, physical fitness, lifestyle and
`personal information ; Providing online downloadable software for usein collecting, storing, managing,
`analyzing, referencing, monitoring and tracking medical, health, genetic, genomic, pharmacogenom-
`ic, nutrigenomic, microbiomic, metabolomic, proteomic, biochemistry, biomarker, dietary, nutrition, ex-
`ercise,physical fitness, lifestyle and personal information; Providing online downloadable software for
`use in collecting, storing, managing, analyzing, referencing, monitoring and tracking medical,
`health,genetic, genomic, pharmacogenomic, nutrigenomic, microbiomic, metabolomic, proteomic, bio-
`chemistry, biomarker, dietary,nutrition, exercise, physical fitness, lifestyle and personal information,
`and for providing health and wellness evaluations and recommendations based on medical, health,
`genetic, genomic, pharmacogenomic, nutrigenomic, microbiomic, metabolomic, proteomic, biochem-
`istry, biomarker, dietary, nutrition, exercise, physical fitness, lifestyle and personal information;
`Providing online downloadable software accessing computer databases that collects and stores med-
`ical, health, genetic, genomic, pharmacogenomic, nutrigenomic, microbiomic, metabolomic, proteom-
`ic, biochemistry, biomarker, dietary, nutrition, exercise, physical fitness, lifestyle and personal inform-
`ation, associations, conditions, outcomes, effects and risks; Providing online downloadable software
`services accessing computer databases that collects and stores medical, health, genetic, genomic,
`pharmacogenomic,nutrigenomic, microbiomic, metabolomic,proteomic, biochemistry, biomarker, diet-
`ary, nutrition, exercise, physical fitness, lifestyle and personal information,associations, conditions,
`outcomes, effects and risks, and for providing healthand wellness evaluations and recommendations
`based on medical, health, genetic,genomic, pharmacogenomic, nutrigenomic,microbiomic, metabolo-
`mic, proteomic, biochemistry, biomarker, dietary, nutrition, exercise, physical fitness, lifestyleand per-
`sonal information; Providing online downloadable software incorporating artificial intelligence and ma-
`chine learning models for collecting, analyzing, assessing, interpreting and predicting medical, health,
`genetic, genomic, pharmacogenomic, nutrigenomic, microbiomic, metabolomic, proteomic, biochem-
`istry, biomarker, dietary, nutrition, exercise, physical fitness, lifestyle and personal information, asso-
`ciations, conditions, outcomes, effects and risks; Providing online downloadable software incorporat-
`ing artificial intelligence and machine learning models for collecting, analyzing, assessing, interpreting
`and predicting medical, health, genetic, genomic, pharmacogenomic, nutrigenomic, microbiomic,
`metabolomic, proteomic, biochemistry, biomarker, dietary, nutrition, exercise, physical fitness, life-
`style and personal information, associations, conditions, outcomes, effects and risks, and for provid-
`inghealth and wellness evaluations and recommendations based on medical, health, genetic, genom-
`ic, pharmacogenomic, nutrigenomic, microbiomic, metabolomic, proteomic, biochemistry, biomarker,
`dietary, nutrition, exercise, physical fitness, lifestyle and personal information
`
`Class 010. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Genetic, genomic, microbiomic, metabolo-
`mic and biochemical tests comprised of blood, hair, saliva and stool testing apparatus; Medical dia-
`gnostic test kits used to collect test samples for analyzing DNA, blood, hair, saliva and stool informa-
`tion for use in DNA, blood, hair, saliva and stool testing of humans comprisedof testing strips,
`threads, swabs, cartridges and collection tubes; Kits for use in genetic, genomic, microbiomic, meta-
`bolomic, and biochemical testing comprised of testing strips, threads, swabs, cartridges and collec-
`tion tubes; Kits for use in DNA, blood, hair, saliva and stool testing of humans comprised of testing-
`strips, threads, swabs, cartridges and collection tubes
`
`Class 035. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Retail store services featuring kits for use in
`genetic, genomic, microbiomic, metabolomic, and biochemical testing comprised of strips, threads,
`swabs, cartridges and collection tubes; Online retailstore services and mail order services featuring
`kits for use in genetic, genomic, microbiomic, metabolomic, and biochemical testing comprised of
`strips, threads, swabs, cartridges and collection tubes; On- line retail store services featuring dietary
`and nutritional supplements; Retail store services featuring dietary and nutritional supplements
`
`Class 040. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Manufacturing of dietary and nutritional
`supplements; Custom manufacturing, contract manufacturing and private label manufacturing of diet-
`ary and nutritional supplements; Manufacturing of personalized dietary and nutritional supplements;
`Manufacturing of personalized dietary andnutritional supplements based on medical, health, genetic,
`genomic, pharmacogenomic, nutrigenomic, microbiomic, metabolomic, proteomic, biochemistry, bio-
`marker, dietary, nutrition, exercise, physicalfitness, lifestyle and personal information; Manufacturing
`of dietary and nutritional supplements incorporating artificial intelligence and machine learning mod-
`
`

`

`els for personalizing dietary and nutritional supplements based on medical, health, genetic, genomic,
`pharmacogenomic, nutrigenomic, microbiomic, metabolomic, proteomic, biochemistry, biomarker, di-
`etary, nutrition, exercise, physical fitness, lifestyle and personal information
`
`Class 041. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Educational services, namely, provid-
`ingtraining in the fields of exercise and physical fitness; Exercise and physical fitness training ser-
`vices and consultancy; Providing information in the fields of exercise and physical fitness; Providing
`counseling services in the fields of exercise and physical fitness; Providingpersonalized exercise and
`physical fitness information in the nature of biomarker analysis, blood analysis, protein analysis, gut
`microbiome analysis, DNA analysis, gene expression analysis and metabolite analysis; Providing
`counseling services in the fields of exercise and physical fitness directed to the collection,analysis,
`assessment, interpretation and prediction of medical, health, genetic, genomic, pharmacogenomic,
`nutrigenomic, microbiomic, metabolomic, proteomic, biochemistry, biomarker, dietary, nutrition, exer-
`cise, physical fitness, lifestyle and personal information, associations, conditions, outcomes, effects
`and risks; Providing counseling services in the fields of exercise and physical fitness incorporating ar-
`tificial intelligence and machine learning models for collecting, analyzing, assessing, interpreting an-
`dpredicting medical, health, genetic, genomic, pharmacogenomic, nutrigenomic, microbiomic, meta-
`bolomic, proteomic, biochemistry, biomarker, dietary, nutrition, exercise, physical fitness, lifestyle and
`personal information, associations, conditions, outcomes, effects and risks
`
`Class 042. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: scientific research services; Scientific re-
`search in the fields of genetics, genomics, microbiomics, metabolomics, proteomics, biochemistry, in-
`dividual lifestyle, health, and wellness; Scientific andtechnological services, namely, scientific re-
`search, analysis, testing in the fields of genetics, genomics, microbiomics, metabolomics, proteomics,
`biochemistry, individual lifestyle, health, and wellness; DNA analysis services for scientific research
`purposes; Genetic research services for scientific purposes; Genetic analysis services, namely,
`providing DNA sequencing and DNA information services for scientific purposes; DNA testing,genetic
`testing, genetic screening, genotyping, phenotyping, molecular analytics, pharmacogenomics, nutri-
`genomics and analyzing, assessing, interpreting and predicting associations, conditions, outcomes,
`effects and risks for scientific purposes; Scientific counseling services directed to the interpretation,
`analysis and annotation of genetic variation and DNA sequences; Reporting services based upon the
`results of laboratory testing in the field of genetics, genomics, DNA testing, genetic testing, genetic
`screening, genotyping, phenotyping, molecular analytics, pharmacogenomics, nutrigenomics, micro-
`biomics, metabolomics, proteomics and biochemistry; Reporting services based upon the results of
`laboratory testing in the fields of genetics, genomics,DNA testing, genetic testing, genetic screening,
`genotyping, phenotyping, molecular analytics, pharmacogenomics, nutrigenomics, microbiomics,
`metabolomics, proteomics and biochemistry; Providing scientific analysis and informational reports
`based upon results of laboratory testing in the field of genetics, genomics, DNA testing, genetic test-
`ing, genetic screening, genotyping, phenotyping, molecular analytics, pharmacogenomics and nutri-
`genomics, microbiomics, metabolomics, proteomics and biochemistry; Product research and develop-
`ment in the fields of artificial intelligence, machine learning and deep learning; Providing software as
`a service (SAAS) featuring software for use in collecting, storing, managing, analyzing, referencing,
`monitoring and tracking medical, health, genetic, genomic,pharmacogenomic, nutrigenomic, microbi-
`omic, metabolomic, proteomic, biochemistry, biomarker, dietary, nutrition, exercise, physical fitness,
`lifestyle and personal information; Providing platform as a service (PAAS) featuring software for use
`in collecting, storing, managing, analyzing, referencing, monitoring and tracking medical, health, ge-
`netic, genomic,pharmacogenomic, nutrigenomic, microbiomic, metabolomic, proteomic, biochemistry,
`biomarker, dietary, nutrition, exercise, physical fitness, lifestyle and personal information; Providing
`online non-downloadable software services featuring software for use in collecting, storing,managing,
`analyzing, referencing, monitoring and tracking medical, health, genetic, genomic, pharmacogenom-
`ic, nutrigenomic, microbiomic, metabolomic, proteomic, biochemistry, biomarker, dietary, nutrition, ex-
`ercise, physical fitness, lifestyle and personal information; Providinghosted software services featur-
`ing software for use in collecting, storing, managing, analyzing, referencing, monitoring and tracking
`medical, health, genetic,genomic, pharmacogenomic, nutrigenomic,microbiomic, metabolomic, pro-
`teomic, biochemistry, biomarker, dietary, nutrition, exercise, physical fitness, lifestyleand personal in-
`formation; Providing software as a service (SAAS), platform as aservice (PAAS), online non-
`downloadablesoftware services, and hosted software services for use in collecting, storing,managing,
`analyzing, referencing, monitoring and tracking medical, health, genetic, genomic, pharmacogenom-
`ic, nutrigenomic, microbiomic, metabolomic, proteomic, biochemistry, biomarker, dietary, nutrition, ex-
`
`

`

`ercise, physical fitness, lifestyle and personal information; Providingsoftware as a service (SAAS),
`platform as a service (PAAS), online non- downloadable software services, and hosted software ser-
`vices for use in collecting, storing, managing, analyzing, referencing, monitoring and tracking medic-
`al, health,genetic, genomic, pharmacogenomic, nutrigenomic, microbiomic, metabolomic, proteomic,
`biochemistry, biomarker, dietary,nutrition, exercise, physical fitness, lifestyle and personal informa-
`tion, and for providing clinical and non-clinical evaluations and recommendations based onmedical,
`health, genetic, genomic, pharmacogenomic, nutrigenomic, microbiomic, metabolomic, proteomic,
`biochemistry, biomarker, dietary, nutrition, exercise, physical fitness, lifestyle and personal informa-
`tion; Providing software as a service (SAAS), platform as a service (PAAS), online non-downloadable
`software services, and hosted software services accessing computer databases that collects and
`stores medical, health, genetic, genomic, pharmacogenomic, nutrigenomic, microbiomic, metabolom-
`ic, proteomic, biochemistry, biomarker, dietary, nutrition, exercise, physical fitness, lifestyle and per-
`sonal information, associations, conditions, outcomes, effects and risks; Providing software as a ser-
`vice (SAAS), platform as a service (PAAS), online non-downloadable software services, and hosted
`software services accessing computer databases that collects and stores medical,health, genetic, ge-
`nomic, pharmacogenomic, nutrigenomic, microbiomic, metabolomic, proteomic, biochemistry, bio-
`marker, dietary, nutrition, exercise, physical fitness, lifestyle and personal information, associations,
`conditions, outcomes, effects and risks, and for providing clinical and non-clinical evaluations and re-
`commendations based on medical, health,genetic, genomic, pharmacogenomic, nutrigenomic, micro-
`biomic, metabolomic, proteomic, biochemistry, biomarker, dietary,nutrition, exercise, physical fitness,
`lifestyle and personal information; Providing software as a service (SAAS), platform as a service
`(PAAS), online non-downloadable software services, and hosted software services incorporating arti-
`ficial intelligence and machine learning models for collecting, analyzing, assessing, interpreting and
`predicting medical, health, genetic, genomic, pharmacogenomic, nutrigenomic, microbiomic, meta-
`bolomic, proteomic, biochemistry, biomarker, dietary, nutrition, exercise, physical fitness, lifestyle and
`personal information, associations, conditions, outcomes, effects and risks; Providing software as
`aservice (SAAS), platform as a service (PAAS), online non-downloadable software services, and hos-
`ted software services incorporating artificial intelligence andmachine learning models for collect-
`ing,analyzing, assessing, interpreting and predicting medical, health, genetic, genomic, pharmacoge-
`nomic, nutrigenomic, microbiomic, metabolomic, proteomic, biochemistry, biomarker, dietary, nutri-
`tion, exercise, physical fitness, lifestyle andpersonal information, associations, conditions, outcomes,
`effects and risks, and for providing clinical and non-clinical evaluations and recommendations based
`on medical, health, genetic, genomic, pharmacogenomic, nutrigenomic, microbiomic, metabolomic,
`proteomic, biochemistry, biomarker, dietary, nutrition, exercise,physical fitness, lifestyle and personal
`information
`
`Class 044. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Pharmaceutical compounding services;
`Personalized pharmaceutical compounding services; Personalized pharmaceutical compounding ser-
`vices based on medical, health, genetic, genomic, pharmacogenomic, nutrigenomic, microbiomic,
`metabolomic, proteomic, biochemistry, biomarker, dietary, nutrition, exercise, physical fitness, life-
`style and personal information; Pharmaceutical compounding services incorporating artificial intelli-
`gence and machine learning models for personalizing pharmaceuticals based on medical, health, ge-
`netic, genomic, pharmacogenomic, nutrigenomic, microbiomic, metabolomic, proteomic, biochem-
`istry, biomarker, dietary, nutrition, exercise, physical fitness, lifestyle and personal information;
`Healthcare management service organization (MSO) services, namely, providing practiceorganiza-
`tion, management and administrative support services to individual physicians or small group prac-
`tices; Personalized medicine services; Telemedicine services; Medical diagnostic testing, monitoring
`and reporting services; Wellness and health-related consulting services; Health assessment services;
`Health care services, namely, wellness programs; Health care services, namely, disease manage-
`ment programs; Performing diagnosis of diseases; Performing diagnosis of diseases and medical
`conditions using an individual's medical, health, genetic, genomic, pharmacogenomic, nutrigenomic,
`microbiomic, metabolomic, proteomic, biochemistry, biomarker, dietary, nutrition, exercise, physical
`fitness, lifestyle and personal information; Providing health information; Providing information in the
`fields of health and wellness; Providing medical information; Providing medical information, con-
`sultancy and advisory services; Providing personalized healthcareand medical information in the
`nature of biomarker analysis, blood analysis, protein analysis, microbiome analysis, DNAanalysis,
`gene expression analysis and metabolite analysis; Genetic testing formedical purposes; Genetic test-
`ing for medical purposes, namely, providing DNA sequencing, DNA information and pharmacogen-
`omics services for medical, health, genetic, dietary, nutrition; Medical testing services for diagnostic
`
`

`

`or treatment purposes; Medical testing services, namely, pharmacogenomics testing services for dia-
`gnostic or treatment purposes; Providing counseling services in the fields of medicine, genetics, gen-
`omics, pharmacogenomics, nutrigenomics, microbiomics, metabolomics, proteomics, health, diet and
`nutrition; Providing counseling services in the fields of medicine, genetics,genomics, pharmacogen-
`omics, nutrigenomics, microbiomics, metabolomics, proteomics health, diet and nutrition directed to
`the analysis, assessment, interpretation and prediction of medical, health, genetic, genomic, pharma-
`cogenomic, nutrigenomic, microbiomic, metabolomic, proteomic, biochemistry, biomarker, dietary, nu-
`trition, exercise, physical fitness, lifestyle and personal information, associations, conditions, out-
`comes, effects andrisks; Providing counseling services inthe fields of medicine, genetics, genomics,
`pharmacogenomics, nutrigenomics, microbiomics, metabolomics, proteomics health, diet and nutri-
`tion incorporating artificial intelligence and machine learning models for analyzing, assessing, inter-
`preting and predicting medical, health,genetic, genomic, pharmacogenomic, nutrigenomic, microbio-
`mic, metabolomic, proteomic, biochemistry, biomarker, dietary,nutrition, exercise, physical fitness,
`lifestyle and personal information associations, conditions, outcomes, effects and risks
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`5350908
`
`Registration Date
`
`12/05/2017
`
`Word Mark
`
`Design Mark
`
`VYXEOS
`
`Application Date
`
`11/20/2014
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 005. First use: First Use: 2017/08/11 First Use In Commerce: 2017/08/11
`pharmaceutical preparations for the treatment of cancer
`
`Attachments
`
`86460047#TMSN.png( bytes )
`Notice of Opposition VYTALYX.pdf(57133 bytes )
`Exhibit A to Notice of Opposition VYTALYX.pdf(213236 bytes )
`
`Signature
`
`/Tiffany A. Blofield/
`
`Name
`
`Date
`
`Tiffany A. Blofield
`
`01/16/2019
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of Application Ser. No.: 87/719,755
`Filed: December 13, 2017
`For the mark: VYTALYX
`Published in the Trademark Official Gazette on September 18, 2018
`__________________________________________
`
`CELATOR PHARMACEUTICALS, INC.,
`
`Opposer,
`
`v.
`
`VYTALYX, INC.
`
`Opposition No. _________________
`
`Applicant.
`___________________________________________
`
`NOTICE OF OPPOSITION
`
`Celator Pharmaceuticals, Inc. (“Opposer”) believes that it will be damaged by registration
`
`of the VYTALYX mark shown in intent-to-use application Serial No. 87/719,755 (the
`
`“VYTALYX Application”) in International Classes 5, 9, 10, 35, 40, 41, 42 and 44 and hereby
`
`opposes registration of the Application in those International Classes.1
`
`The grounds for opposition are as follows:
`
`1.
`
`Vytalyx, Inc. (“Applicant”) seeks to register VYTALYX (“Applicant’s Proposed
`
`VYTALYX Mark”) as a trademark for goods and services in International Classes 5, 9, 10, 35,
`
`40, 41, 42 and 44.
`
`2.
`
`Specifically, Applicant seeks to register Applicant’s Proposed VYTALYX Mark
`
`in connection with:
`
`1 Opposer does not oppose the VYTALYX Application as it relates to the good and services
`identified in International Classes 25, 29, 30, or 43.
`
`1
`
`

`

`
`
`“Compounded pharmaceuticals, namely, sterile injectables, non-sterile solutions,
`suspensions, ointments, creams, powders, capsules, tablets and troches for use in
`the areas of, Weight management, Erectile dysfunction treatment, Male hormone
`replacement treatment, Female hormone replacement treatment, Bio-identical
`hormone replacement, Adrenal dysfunction treatment, Thyroid dysfunction
`treatment, Pain management, Palliative care, Sports medicine, Amino acid
`replacement therapy, Mineral replacement therapy, Vitamin replacement therapy,
`Anti-aging therapy, Dermatology, Fertility, Growth Hormone therapy; and
`Anticonvulsant agents, Antihypertensive agents, Antidiabetic agents, Non-
`steroidal anti-inflammatory agents, Anesthetic agents, Vasoactive agents,
`Lipotropic agents, Chelating agents, Psychoactive agents; Compounded
`personalized pharmaceuticals, namely, sterile injectables, non-sterile solutions,
`suspensions, ointments, creams, powders, capsules, tablets and for use in the
`areas of, Weight management, Erectile dysfunction treatment, Male hormone
`replacement treatment, Female hormone replacement treatment, Bio-identical
`hormone replacement, Adrenal dysfunction treatment, Thyroid dysfunction
`treatment, Pain management, Palliative care, Sports medicine, Amino acid
`replacement therapy, Mineral replacement therapy, Vitamin replacement therapy,
`Anti-aging therapy, Dermatology, Fertility, Growth Hormone therapy; and
`Anticonvulsant agents, Antihypertensive agents, Antidiabetic agents, Non-
`steroidal anti-inflammatory agents, Anesthetic agents, Vasoactive agents,
`Lipotropic agents, Chelating agents, Psychoactive agents; Compounded
`personalized pharmaceuticals, namely, sterile injectables, non-sterile solutions,
`suspensions, ointments, creams, powders, capsules, tablets and troches based on
`medical, genetic, genomic, nutrigenomic, pharmacogenomic, microbiomic,
`metabolomic, proteomic, biochemistry, biomarker, health, dietary, nutrition,
`exercise, physical fitness, lifestyle and personal information for use in the areas
`of, Weight management, Erectile dysfunction
`treatment, Male hormone
`replacement treatment, Female hormone replacement treatment, Bio-identical
`hormone replacement, Adrenal dysfunction treatment, Thyroid dysfunction
`treatment, Pain management, Palliative care, Sports medicine, Amino acid
`replacement therapy, Mineral replacement therapy, Vitamin replacement therapy,
`Anti-aging therapy, Dermatology, Fertility, Growth Hormone therapy; and
`Anticonvulsant agents, Antihypertensive agents, Antidiabetic agents, Non-
`steroidal anti-inflammatory agents, Anesthetic agents, Vasoactive agents,
`Lipotropic agents, Chelating agents, Psychoactive agents; Genetic marker tests
`comprised of reagents for medical purposes; Medical diagnostic reagents and
`assays for testing of body fluids in the nature of genomic, microbiomic,
`metabolomic, and biochemical tests; Medical diagnostic test kits comprised of
`medical diagnostic reagents and assays used to collect test samples for analyzing
`DNA, blood, hair, saliva and stool information for use in DNA, blood, hair,
`saliva and stool testing of humans; Kits comprised of medical diagnostic reagents
`and assays for use in genetic, genomic, microbiomic, metabolomic, and
`biochemical testing; Kits comprised of medical diagnostic reagents and assays
`for use in DNA, blood, hair, saliva and stool testing of humans; Medical
`diagnostic test media in the form of strips, threads, swabs, cartridges, and
`
`2
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`

`

`collection tubes for collecting and analyzing genetic, genomic, microbiomic,
`metabolomic, and biochemical data,” in International Class 5;
`
` Computer software and mobile device software for use in collecting, storing,
`managing, aggregating, analyzing, diagnosing, parsing,
`learning, sharing,
`distributing, referencing, monito