Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1112778
`02/08/2021
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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
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`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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`JUNE Medical USA INC
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`Granted to Date
`of previous ex-
`tension
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`Address
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`Attorney informa-
`tion
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`02/06/2021
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`257 OLD CHURCHMANS ROAD
`NEW CASTLE, DE 19720
`UNITED STATES
`
`BRADLEY M. STOHRY
`REICHEL STOHRY DEAN LLP
`6931 CENTRAL AVE
`INDIANAPOLIS, IN 46220
`UNITED STATES
`Primary Email: brad@rsindy.com
`Secondary Email(s): docket@rsindy.com
`317-501-2891
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`Docket Number
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`Applicant Information
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`Application No.
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`88814871
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`Publication date
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`12/08/2020
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`Opposition Filing
`Date
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`Applicant
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`02/08/2021
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`Opposition Peri-
`od Ends
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`02/06/2021
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`June Medical IP, LLC
`2488 OAK TRAIL DRIVE
`GERMANTOWN, TN 38139
`UNITED STATES
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`Goods/Services Affected by Opposition
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`Class 010. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Medical instruments for establishing access
`to a body for medical treatment, namely, medical instruments for use in orthopedic surgery; Medical
`instruments forintroducing material into a body, namely, injection syringes; Medical instruments for re-
`moving material from a body, namely, medical instruments for use in performing biopsies; Medical in-
`struments, namely, drills for cutting bone for medical purposes; Medical instruments, namely, in-
`traosseous drills utilized to accessbone marrow cavities for the delivery of medicaments, fluids, and
`transfusions therein; Medical instruments, namely, intraosseous infusion devices for the delivery of
`medicaments, fluids, and transfusions; Medical instruments, namely, powered intraosseous infusion
`devices for the delivery of medicaments, fluids, and transfusions; Medical instruments, namely,
`powered drills for use in establishingintraosseous access
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`

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`Applicant Information
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`Application No.
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`88814904
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`Publication date
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`12/08/2020
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`Opposition Filing
`Date
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`Applicant
`
`02/08/2021
`
`Opposition Peri-
`od Ends
`
`June Medical IP, LLC
`2488 OAK TRAIL DRIVE
`GERMANTOWN, TN 38139
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 010. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Medical instruments for establishing access
`to a body for medical treatment, namely, medical instruments for use in orthopedic surgery; Medical
`instruments forintroducing material into a body, namely, injection syringes; Medical instruments for re-
`moving material from a body, namely, medical instruments for use in performing biopsies; Medical in-
`struments, namely, drills for cutting bone for medical purposes; Medical instruments, namely, in-
`traosseous drills utilized to accessbone marrow cavities for the delivery of medicaments, fluids, and
`transfusions therein; Medical instruments, namely, intraosseous infusion devices for the delivery of
`medicaments, fluids, and transfusions; Medical instruments, namely, powered intraosseous infusion
`devices for the delivery of medicaments, fluids, and transfusions; Medical instruments, namely,
`powered drills for use in establishingintraosseous access
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`Grounds for Opposition
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`Priority and likelihood of confusion
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`Trademark Act Section 2(d)
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`Marks Cited by Opposer as Basis for Opposition
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`U.S. Application
`No.
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`88857093
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`Application Date
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`04/02/2020
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`Registration Date
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`NONE
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`Foreign Priority
`Date
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`NONE
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`Word Mark
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`Design Mark
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`Description of
`Mark
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`Goods/Services
`
`U.S. Application
`No.
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`JUNE MEDICAL
`
`NONE
`
`Class 035. First use: First Use: 2019/12/01 First Use In Commerce: 2019/12/01
`Distributorship services in the field of medical devices
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`88857072
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`Application Date
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`04/02/2020
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`Registration Date
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`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
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`Design Mark
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`Description of
`Mark
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`JUNE MEDICAL
`
`The mark consists of a stylized design comprised of the stylized wording "JUNE
`MEDICAL", where the word "JUNE" appears in navy blue color and the word
`"MEDICAL" appears in purple color. The gradient arc design in navy blue and
`purple appears above the wording "JUNE MEDICAL".
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`Goods/Services
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`Class 035. First use: First Use: 2019/12/01 First Use In Commerce: 2019/12/01
`Distributorship services in the field of medical devices
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`

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`Attachments
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`Notice of Opposition re JUNE and JUNE ACCESS Trademark Applications.p
`df(123715 bytes )
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`Signature
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`/bms/
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`Name
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`Date
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`BRADLEY M. STOHRY
`
`02/08/2021
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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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`In the matter of Trademark App. Ser. Nos. 88/814,871 and 88/814,904
`Filed on February 28, 2020
`For the marks JUNE and JUNE ACCESS
`Published in the Official Gazette on December 8, 2020
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`June Medical USA Inc.,
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`Opposer,
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`June Medical IP, LLC,
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`Applicant.
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`Opposition No.:______________
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`NOTICE OF OPPOSITION
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`June Medical USA Inc. (“Opposer”) hereby opposes the above-referenced applications to
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`register the JUNE and JUNE ACCESS marks filed by June Medical IP, LLC (“Applicant”). The
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`grounds for opposition are as follows:
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`THE PARTIES
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`1.
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`Opposer is a Delaware corporation with a place of business at 257 Old Churchmans
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`Road, New Castle, DE 19720.
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`2.
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`Applicant is a Delaware limited liability company with a place of business at 2488
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`Oak Trail Drive, Germantown, TN 38139.
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`OPPOSER AND ITS USE OF THE JUNE AND JUNE MEDICAL MARKS
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`3.
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`Opposer uses the JUNE and JUNE MEDICAL marks (collectively, the “Opposer
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`Marks”) to promote its distribution services in the field of medical devices.
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`4.
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`Opposer began using the Opposer Marks in connection with its provision of
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`services to U.S. consumers in December 2019. Since that time, Opposer has actively used the
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`Opposer Marks in connection with its distribution of surgical products, conducted sales
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`transactions across the U.S., and setup an active U.S. supplier network, in addition to its other
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`work across the globe since 2013.
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`5.
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`As a result of this use of the Opposer Marks, Opposer has established valuable
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`trademark rights and goodwill in the Opposer Marks.
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`6.
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`To further solidify its rights in the Opposer Marks, Opposer filed U.S. Trademark
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`Ser. Nos. 88857093 and 88857072 for the Opposer Marks on April 2, 2020.
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`GROUNDS FOR AND REJECTING APPLICANT’S TRADEMARK APPLICATION
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`7.
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`Trademark App. Ser. Nos. 88/814,871 and 88/814,904 were filed by Applicant for
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`the JUNE and JUNE ACCESS marks (collectively, the “Applicant Marks”) on February 28, 2020.
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`8.
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`The applications for the Applicant Marks are intent-to-use applications and cover a
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`variety of medical instruments.
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`9.
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`Opposer’s actual, continuous, and continuing use of the Opposer Marks in
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`commerce began before Applicant filed the applications for the Applicant Marks and/or began
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`using the Applicant Marks in commerce.
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`10.
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`Applicant’s use and registration of the Applicant Marks mark for the goods listed
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`in the Application is likely to cause confusion, mistake, and/or lead to deception as to the origin
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`of Applicant’s goods in violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).
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`11.
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`The likelihood of confusion is apparent in this instance because of the similarities
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`between the Opposer Marks and the Applicant Marks, as well as the fact that both parties’ marks
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`are used in connection with goods/services that relate to medical devices or instruments.
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`12.
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`Applicant’s use and registration of the Applicant Marks is likely to result in
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`confusion and substantial damage and injury to Opposer. Persons familiar with the Opposer Marks
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`are likely to believe that Applicant’s goods originate with, or are licensed, sponsored or approved
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`by Opposer. Any such confusion would inevitably result in loss of sales to Opposer, and/or damage
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`the goodwill and reputation that Opposer has established in the Opposer Marks.
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`WHEREFORE, Opposer prays that the applications for the Applicant Marks be rejected.
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`Dated this 8th day of February, 2021.
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`Respectfully submitted,
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`/Bradley M. Stohry/
`Bradley M. Stohry
`REICHEL STOHRY DEAN LLP
`212 West 10th Street
`Suite A-285
`Indianapolis, Indiana 46202
`(317) 423-8820
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`By:
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`Attorney for June Medical USA Inc.
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`Page 3
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