Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1089655
`10/19/2020
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`ESTTA Tracking number:
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`Filing date:
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
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`Notice is hereby given that the following party opposes registration of the indicated application.
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`Opposer Information
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`Name
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`Entity
`
`Address
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`Attorney informa-
`tion
`
`Alvogen TM S.a.r.l.
`
`Limited Liability Company
`
`Citizenship
`
`Luxembourg
`
`5 RUE HEIENHAFF
`AIRPORT CENTER LUXEMBOURG
`SENNINGERBERG, L-1736
`LUXEMBOURG
`
`GREGG A. PARADISE
`LERNER, DAVID, LITTENBERG, KRUMHOLZ & MENTLIK, LLP
`20 COMMERCE DRIVE
`CRANFORD, NJ 07016
`UNITED STATES
`Primary Email: gparadise@lernerdavid.com
`Secondary Email(s): litigation@lernerdavid.com
`9086545000
`
`Docket Number
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`ALVOGE-323
`
`Applicant Information
`
`Application No.
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`88926872
`
`Publication date
`
`09/29/2020
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`Opposition Filing
`Date
`
`Applicant
`
`10/19/2020
`
`Opposition Peri-
`od Ends
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`10/29/2020
`
`Alagen, Inc
`49 WEST STREET
`WESTFORD, MA 01886
`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: Drug delivery agents consisting of com-
`pounds that facilitate delivery of a widerange of pharmaceuticals; Drug deliveryagents in the form of
`capsules that provide controlled release of the active ingredients for a wide variety of pharmaceutic-
`als; Drug delivery agents in the form of powders that provide controlled release of the active ingredi-
`ents for a wide variety of pharmaceuticals; Drug delivery agents in the form of tablets that provide
`controlled release of the active ingredients for a wide variety of pharmaceuticals; Drug delivery
`agents in the form of patch that facilitate the delivery of pharmaceutical preparations; Food supple-
`ments; Medicinal herbal extracts for medical purposes; Medicinal herbal preparations; Medicinal
`herbs in dried or preserved form; Chinese traditional medicinal herbs; Dietary and nutritional supple-
`ments; Dietary food supplements; Food supplements, namely, anti-oxidants; Health food supple-
`ments; Mineral food supplements; Natural dietary supplements; Natural herbal supplements; Nut-
`raceuticals for use as a dietary supplement; Nutritional supplements; Powdered nutritional supple-
`ment concentrate
`
`

`

`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
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`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`4400395
`
`Registration Date
`
`09/10/2013
`
`Application Date
`
`11/24/2009
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`ALVOGEN
`
`NONE
`
`Class 005. First use: First Use: 2010/01/20 First Use In Commerce: 2010/01/20
`Pharmaceutical preparations, namely, antibiotics, antihypertensives, analgesics,
`anti-inflammatories, and antivirals [ ; transdermal patches for use in the treat-
`ment of hypertension ]
`
`Attachments
`
`6599370_1.pdf(17254 bytes )
`
`Signature
`
`/Gregg A. Paradise/
`
`Name
`
`Date
`
`Gregg A. Paradise
`
`10/19/2020
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`TRADEMARK
`ALVOGEN 10.2O-076
`
`
`
`ALVOGEN IP CO S.A.R.L.,
`
`
`
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`
`
`
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`Opposer,
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`
`
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`
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`v.
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`
`
`
`
`
`
`
`ALAGEN, INC.
`
`
`
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`
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`
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`
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`Applicant.
`
`
`
`
`
`
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
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`x
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`Serial No. 88/926,872
`
`Filed: May 21, 2020
`
`Published: September 29, 2020
`
`Opposition No. ____________
`
`
`NOTICE OF OPPOSITION
`
`
`Alvogen TM S.a.r.l., a Luxembourg limited liability company, having an address of
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`Airport Center Luxembourg, 5 rue Heienhaff, Senningerberg L-1736, Luxembourg, believes it
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`will be damaged by the registration of the mark shown in application Serial No. 88/926,872 (the
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`“Application”) and hereby opposes registration of such mark. The specific grounds for such
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`opposition are as follows:
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`1.
`
`Opposer owns and uses the mark ALVOGEN in connection with goods and
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`services offered in interstate commerce in the United States.
`
`2.
`
`Opposer has been using the mark ALVOGEN since at least as early as 2010, long
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`before Alagen, Inc. (“Applicant”) filed the Application for registration of the ALAGEN mark on
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`May 21, 2020.
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`3.
`
`Opposer is the owner of, inter alia, United States Trademark Registration
`
`No. 4,400,395 for the mark ALVOGEN, for use in connection with pharmaceutical preparations.
`
`6599370
`
`

`

`4.
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`As a result of extensive promotion of its goods throughout the United States,
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`Opposer has built up highly valuable goodwill in its ALVOGEN mark. Such goodwill has
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`become closely and uniquely identified and associated with Opposer prior to the filing of the
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`Application by Applicant and prior to any use of the ALAGEN mark in the United States by
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`Applicant.
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`5.
`
`Given the strength and renown of Opposer’s mark in the United States,
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`Applicant’s ALAGEN mark so resembles Opposer’s ALVOGEN mark as to result in a
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`likelihood of confusion.
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`6.
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`Applicant’s ALAGEN mark will be used for related and confusingly similar
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`goods in the United States such that the marks are likely to be confused.
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`7.
`
`Opposer will suffer harm as a result of the confusion likely to arise from the
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`registration of the Application and from Opposer’s prior and ongoing use of the ALVOGEN
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`mark.
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`8.
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`Accordingly, Applicant’s mark should be denied registration under Section 2(d)
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`of the Trademark Act (15 U.S.C. § 1052(d)).
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`9.
`
`This opposition is timely given that the publication date of the Application was
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`September 29, 2020.
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`
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`
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`6599370
`
`
`

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`10.
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`The fee of $400.00 for a Notice of Opposition in one class has been charged to
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`counsel’s credit card. The undersigned is authorized to make charges to said credit card.
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`WHEREFORE, Opposer requests that the Board refuse registration of Application Serial
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`No. 88/926,872, and that this Opposition be sustained.
`
`Respectfully submitted,
`
`LERNER, DAVID, LITTENBERG,
` KRUMHOLZ & MENTLIK, LLP
`Attorneys for Opposer
`Alvogen TM S.A.R.L.
`
`20 Commerce Drive
`Cranford, NJ 07016
`Tel: 908.654.5000
`Fax: 908.654.7866
`
`
`
`By /Gregg A. Paradise/
` Gregg A. Paradise
`
`Dated: October 19, 2020
`
`
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`6599370
`
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