Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA1183765
`
`Filing date:
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`01/11/2022
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
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`91272716
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Defendant
`Tremeau Pharmaceuticals, Inc.
`
`JOHN V. HOBGOOD, ESQUIRE
`WILMER CUTLER PICKERING HALE AND DORR LLP
`60 STATE STREET
`BOSTON, MA 02109
`UNITED STATES
`Primary email: whiptrademark@wilmerhale.com
`Secondary email(s): john.hobgood@wilmerhale.com, bar-
`bara.barakat@wilmerhale.com, janey.davidson@wilmerhale.com
`617-526-6658
`
`Motion to Dismiss - Rule 12(b)
`
`Barbara A. Barakat
`
`whiptrademark@wilmerhale.com, john.hobgood@wilmerhale.com, bar-
`bara.barakat@wilmerhale.com
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`/barbara a. barakat/
`
`01/11/2022
`
`Attachments
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`Motion ARCOXIA Opposition 91272716.pdf(1770280 bytes )
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`
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`N.V. Organon, Organon LLC.,
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`Opposers
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`v.
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`Tremeau Pharmaceuticals, Inc.,
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`Applicant
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`
`
` )
`)
` )
`)
` )
`)
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`)
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`)
`)
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`Opposition No. 91272716
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`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
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`APPLICANT’S MOTION TO DISMISS
`PURSUANT TO FED. R. CIV. P. 12(b)(1) and 12(b)(6)
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`
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`Applicant Tremeau Pharmaceuticals, Inc. (“Applicant”), by and through its undersigned
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`counsel, hereby moves to dismiss the claims asserted by Opposers N.V. Organon and Organon
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`LLC (“Opposers”) in its November 3, 2021 Notice of Opposition (“Opposition”), pursuant to
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`Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure and Section 503 of the
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`Trademark Trial and Appeal Board Manual of Procedure (“TBMP”). Additionally, pursuant to
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`Section 510.03(a) of the TBMP and 37 C.F.R. 2.127(d), Applicant requests that the Trademark
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`Trial and Appeal Board (“Board”) suspend the above-captioned opposition proceeding until the
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`Board rules on Applicant’s Motion to Dismiss.
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`I. INTRODUCTION
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`Applicant hereby requests that the Board grant this Motion to Dismiss because (a) the
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`Board lacks jurisdiction over the basis of Opposers’ claim and (b) Opposers have no rights in the
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`mark ARCOXIA in the United States to support their claim, either of which ((a) or (b)) provides
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`an independent basis to dismiss the Opposition.
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`First, Opposers’ Notice of Opposition identifies only Section 43(a) of the Lanham Act,
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`15 U.S.C. § 1125(a), as the basis of its opposition. Under the TBMP, as well as TTAB precedent
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`and prevailing case law, it is clear that “[t]he Board is not authorized to determine the right to
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`use, nor may it decide broader questions of infringement or unfair competition” such as claims
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`under Section 43(a). See TBMP § 102.01. Because Lanham Act Section 43(a) is an improper
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`basis for an opposition proceeding, this Opposition must be dismissed.
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`Second, even if the Notice of Opposition is construed most favorably to the Opposers, it
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`is clear that Opposers lack standing to maintain the Opposition because they have no rights to the
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`mark ARCOXIA in the United States. “In order to withstand a motion to dismiss for failure to
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`state a claim, a plaintiff need only allege such facts as would, if proved, establish that (1) the
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`plaintiff has standing to maintain the proceedings, and (2) a valid ground exists for opposing [or
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`canceling] the mark.” Fair Indigo LLC v. Style Conscience, 85 USPQ2d 1536, 1538 (TTAB
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`2007). Because Opposers lack any rights to the mark ARCOXIA in the United States, they do
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`not have standing to maintain the proceedings and the Opposition must be dismissed.
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`II. FACTUAL BACKGROUND
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`On November 3, 2021, Opposers filed a Notice of Opposition, requesting that the USPTO
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`reject Applicant’s trademark application Serial No. 90367905 (“Application”) for the mark
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`ARCOXIA for “Pharmaceutical preparations for the treatment of fever, pain, inflammation and
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`arthritis” in International Class 5 (“Applicant’s Mark”). The sole ground in the Notice of
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`Opposition is Opposers’ assertion that Applicant’s use of Applicant’s Mark in connection with
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`the identified goods would damage Opposers, their business reputation, the goodwill they and
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`their predecessor have established in the ARCOXIA trademark and/or their global sales of
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`ARCOXIA products because use/or registration of the Applicant’s Mark is likely to create a false
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`association between Applicant and Opposers in the minds of the public and deceive actual and
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`potential purchasers, customers, and others in violation of Section 43(a) of the Lanham Act, 15
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`U.S.C. § 1125(a).
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`Applicant now files its Motion to Dismiss.
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`III. ARGUMENT
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`a.
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`Opposers’ False Association Claims Under Section 43(a) Must Be Dismissed as
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`They are Not Within This Board’s Jurisdiction
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`Section 43(1), 15 U.S.C. § 1125(a) reads:
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`(a) Civil action
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`(1) Any person who, on or in connection with any goods or services, or any container for
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`goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof,
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`or any false designation of origin, false or misleading description of fact, or false or misleading
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`representation of fact, which—
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`(A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation,
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`connection, or association of such person with another person, or as to the origin, sponsorship, or
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`approval of his or her goods, services, or commercial activities by another person, or
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`(B) in commercial advertising or promotion, misrepresents the nature, characteristics,
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`qualities, or geographic origin of his or her or another person’s goods, services, or commercial
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`activities,
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`shall be liable in a civil action by any person who believes that he or she is or is likely to
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`be damaged by such act.
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`15 U.S.C. § 1125(a) (emphasis added).
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`Numerous Board proceedings have confirmed that Lanham Act Section 43(a) is an
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`improper basis for an opposition proceeding. See, e.g., Andersen Corp. v. Therm-O-Shield Int’l,
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`Inc., 226 U.S.P.Q. 431, 432 n.5 (TTAB 1985) (“We note that, in any event, Section 43(a)
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`provides recourse to a damaged party by way of a civil action. This statutory provision is
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`inapplicable to an opposition proceeding and the Board may not entertain any claim based on
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`this provision.”); Electronic Water Conditioners, Inc. v. Turbomag Corp., 221 USPQ 162, 163-
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`64 (TTAB 1984) (holding that actions under Section 43(a) are “outside the jurisdiction of this
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`Board”); Fiat Grp. Autos. S.p.A. v. ISM, Inc., 94 USPQ2d 1111, 1116, n.8 (TTAB 2010)
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`(allegations that relate to Section 43(a) “are outside the Board’s jurisdiction.”). In addition,
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`Section 102.01 TBMP states that: “The Board is not authorized to determine the right to use, nor
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`may it decide broader questions of infringement or unfair competition.”
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`A plaintiff in the Patent and Trademark Office can properly attack only a defendant's
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`right to register. The allegations of the pleadings should be restricted to matters bearing on a
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`defendant’s right to register and actual or potential damage to the plaintiff from registration. The
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`Trademark Trial and Appeal Board is not the proper forum in which to assert Section 43(a)
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`claims because the Board has no original jurisdiction over such claims. See Knickerbocker Toy
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`Company v. Faultless Starch Company, 175 U.S.P.Q. 417, 423 (CCPA, 1972); Evening at
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`Trotter's Inc. v. Night at Races, Inc., 214 U.S.P.Q. 737 (TTAB 1982); NASA v. Record
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`Chemical Company, Inc., 185 U.S.P.Q. 563, 567-68, n. 6 (TTAB 1975). Accordingly, the
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`Opposition must be dismissed because the Board does not have jurisdiction over claim made by
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`Opposer.
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`b.
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`Opposers Do Not Have Rights in the Mark ARCOXIA in the United States.
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`Opposers allege that the mark ARCOXIA has become widely associated with Opposer
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`N.V. Organon and signifies Opposer N.V. Organon as the source of the ARCOXIA etoricoxib
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`painkiller. There is no basis in the Notice of Opposition for this association with either Opposer
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`in the United States. Before its application filed on November 3, 2021, neither Opposer had ever
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`owned an application or registration for the mark ARCOXIA in the United States, nor was any
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`assignment recorded for any ARCOXIA application or registration in the records of the USPTO.
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`Opposers admit that they have not used the mark ARCOXIA in the United States. Opposers,
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`however, contend that they have rights to the ARCOXIA mark in the United States based upon
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`the rights of their predecessor in interest, Merck & Co., Inc. (“Merck”).
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`But Opposers do not allege Merck used the mark ARCOXIA or established rights in the
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`mark ARCOXIA in the United States. Moreover, Merck had no rights in the mark ARCOXIA in
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`the United States to pass to Opposers as it had abandoned the mark in the United States well-
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`before the alleged assignment of rights. The lack of any United States application or registration
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`for the mark ARCOXIA in Opposers’ Exhibit A supports this conclusion. Further still, Merck
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`owned US Registration No. 2858309, issued June 29, 2004, but that registration was cancelled
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`for failure to file a Section 8 Affidavit on January 30, 2015. See Applicant’s Exhibit A. Merck
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`also filed US Serial No. 86320948 on June 26, 2014, based upon an intention to use the mark in
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`commerce, but failed to file a Statement of Use, and allowed the application to go abandoned.
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`See Applicant’s Exhibit B.
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`Merck abandoned not only the registration and application for the mark ARCOXIA in the
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`United States, but Merck also abandoned the mark itself. Abandonment occurs when “use [of a
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`mark] has been discontinued with [the] intent not to resume such use. Intent not to resume use
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`may be inferred from circumstances.” Section 45 of the Trademark Act, 15 U.S.C. § 1127. In
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`addition, under the Trademark Act, “[n]onuse for three consecutive years shall be prima facie
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`evidence of abandonment.” Id.; see also City Nat’l Bank v. OPGI Mgmt. GP Inc./GestionOPGI
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`Inc., 106 USPQ2d 1673, 1678 (TTAB 2013) (“A presumption of abandonment based on three
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`years nonuse may be invoked against a [] registrant who never begins use of the mark or who
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`discontinues using the mark.”). “‘Use’ of a mark means the bona fide use of such mark made in
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`the ordinary course of trade, and not made merely to reserve a right in a mark.” 15 U.S.C. §
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`1127. Use in commerce contemplates “commercial use of the type common to the particular
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`industry in question.” Lewis Silkin LLP v. Firebrand LLC, 129 USPQ2d 1015, 1018 (TTAB
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`2018). “Introduction of evidence of nonuse of a mark for three consecutive years constitutes
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`prima facie showing of abandonment and triggers a rebuttable presumption that a mark was
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`abandoned without [the owner’s] intent to resume use.” Wirecard AG v. Striatum Ventures B.V.,
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`2020 USPQ2d 10086, at *4 (TTAB 2020) (citing Exec. Coach Builders, Inc. v. SPV Coach Co.,
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`123 USPQ2d 1175, 1180 (TTAB 2017)) (internal citation omitted). Thus, Merck did not
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`continue to build any goodwill in the United States after it abandoned its registration and
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`application for ARCOXIA. Because Opposers’ predecessor in interest had abandoned the
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`ARCOXIA mark in the United States, it had no rights in the United States to pass to Opposers.
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`Applicant has priority to this mark in the United States, as it has the earliest pending
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`application. Applicant filed its first application to register this mark, US Serial No. 87140511,
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`on August 16, 2016. The Examining Attorney searched the Office’s database of registered and
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`pending marks and found no conflicting marks that would bar registration under Trademark Act
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`Section 2(d) and, with minor amendment to the goods, the application was allowed, published,
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`and received a Notice of Allowance. Notably, Merck did not oppose this first application,
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`despite being aware that Applicant had filed it. Due to business delays, Applicant was unable to
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`file a Statement of Use during the pendency of that application, and it went abandoned for failure
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`to file a Statement of Use on February 1, 2021. Applicant dutifully refiled for protection of this
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`mark on December 8, 2020. The application was approved and published for opposition.
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`Opposer N.V. Organon filed an application to register the mark ARCOXIA for
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`“Pharmaceutical preparations for the treatment of pain, inflammation, and arthritis” on
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`November 3, 2021, contemporaneously with the filing of this Notice of Opposition, but that
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`application was filed more than 5 years after the filing of Applicant’s first application for the
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`mark ARCOXIA and almost a year after the filing of Applicant’s newer application for this
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`mark. Neither Opposer has priority to this mark in the United States over the Applicant and, as
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`admitted in Opposer’s N.V. Organon’s application, it has not used the mark in the United States.
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`Even construing statements in the Notice of Opposition most favorable to the Opposers, it
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`is clear that Opposers have no rights to the mark ARCOXIA in the United States to support their
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`Section 43(a) claim.
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`
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`For the foregoing reasons, Applicant respectfully asks the Board to grant its motion to
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`dismiss Opposers’ Notice of Opposition against Applicant’s Serial No. 90367905 for the mark
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`IV. CONCLUSION
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`ARCOXIA.
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`
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`Date: January 11, 2022
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`
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`Respectfully submitted,
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`/John V. Hobgood/
`_____________________________
`John V. Hobgood, Esq.
`Barbara A. Barakat, Esq.
`Wilmer Cutler Pickering Hale and Dorr LLP
`60 State Street
`Boston, Massachusetts 02109
`(617) 526-6000
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`CERTIFICATE OF SERVICE
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`It is hereby certified that a true copy of the foregoing Applicant’s Motion to Dismiss was
`served this 11th day of January, 2022, upon:
`
`
`
`J. Kevin Fee
`Anita B. Polott
`Cassandra Sciortino
`Morgan, Lewis & Bockius LLP
`1111 Pennsylvania Ave., N.W.
`Washington, DC 20004
`
`anita.polott@morganlewis.com, trademarks@morganlewis.com,
`cassandra.sciortino@morganlewis.com, kevin.fee@morganlewis.com,
`amy.nguyen@morganlewis.com
`
`
`
`by email.
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`/barbara a. barakat/
`____________________________________
`Barbara A. Barakat
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`EXHIBIT A
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`1/1/22, 9:20 AM
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`Status Search SN 76198436
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`usual. See current trademark processing wait times for more information.
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`For assistance with TSDR, email teas@uspto.gov and include your serial number, the document you are looking for,
`and a screenshotof any error messages you have received.
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`Processing Wait Times: Please note that due to an extraordinary surge in applications, processing times are longer than
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`STATUS
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`DOCUMENTS
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`MAINTENANCE
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`Back to Search
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`Print
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`Generated on: This page was generated by TSDR on 2022-01-11 09:19:37 EST
`Mark: ARCOXIA
`
`US Serial Number: 76198436
`
`US Registration Number: 2858309
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`Register: Principal
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`Mark Type: Trademark
`TM5 CommonStatus
`Descriptor:
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`ARCOXIA
`
`Application Filing Date:
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`Jan. 24, 2001
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`Registration Date:
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`Jun. 29, 2004
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`DEAD/REGISTRATION/Cancelled/nvalidated
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`The trademark application was registered, but subsequently.
`invalidated and removed from the registry.
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`Status: Registration cancelled because registrant did notfile an acceptable declaration under Section 8. To view all
`on the Trademark DocumentRetrieval link at the top of this page.
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`Status Date: Jan. 30, 2015
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`Publication Date: Aug. 21, 2001
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`Date Cancelled: Jan. 30, 2015
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`Mark Information
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`MarkLiteral Elements: ARCOXIA
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`Standard Character Claim: No
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`Notice of Allowance Date: Nov. 13, 2001
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`Mark Drawing Type: 1-TYPESET WORD(S) /LETTER(S) NUMBER(S)
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`Goodsand Services
`
`Note:
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`The following symbols indicate that theA registrant/owner has amended the goods/services:
`e Brackets[..] indicate deleted goods/services;
`e Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`e Asterisks *..* identify additional (new) wording in the goods/services.
`For: Anti-inflammatory analgesics and pharmaceutical preparations for the treatmentof arthritis
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`International Class(es): 005 - Primary Class
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`U.S Class(es): 006, 018
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`Privacy - Terms
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`https:/Asdr.uspto.gov/#caseNumber=761984368caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=statusSearch
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`Class Status:
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`SECTION 8 - CANCELLED
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`Basis:
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`1{a)
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`First Use:
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`Mar. 19, 2004
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`Basis Information (Case Level)
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`Filed Use:
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`No
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`Filed ITU:
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`Yes
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`Filed 44D:
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`Filed 44E:
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`Filed 66A:
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`No
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`No
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`No
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`Filed No Basis:
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`No
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`Use in Commerce:
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`Mar. 19, 2004
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`Currently Use:
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`Yes
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`Currently ITU:
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`Currently 44E:
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`Currently 66A:
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`Currently No Basis:
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`No
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`No
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`No
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`No
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`Current Owner(s) Information
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`Owner Name:
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`MERCK SHARP & DOHME CORP.
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`OwnerAddress:
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`ONE MERCK DRIVE
`WHITEHOUSE STATION, NEW JERSEY UNITED STATES 088890100
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`Legal Entity Type:
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`CORPORATION
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`State or Country Where NEW JERSEY
`Organized:
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`Attorney/Correspondence Information
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`Attorney of Record
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`Attorney Name:
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`Christopher Bolinger
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`Attorney Primary Email
`Address:
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`TrademarkUS@merck.com
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`Correspondent
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`Correspondent
`Name/Address:
`
`Christopher Bolinger
`Merck
`126 E. Lincoln Avenue
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`Attorney Email Authorized:
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`Yes
`
`Rahway, NEW JERSEY UNITED STATES 07065
`732-594-0922
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`Phone:
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`Fax:
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`732-594-0922
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`Domestic Representative
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`Domestic Representative
`Name:
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`MERCK & CO
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`Prosecution History
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`Date
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`Jan. 30, 2015
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`Mar. 15, 2013
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`Mar. 15, 2013
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`Description
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`Proceeding Number
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`CANCELLED SEC. 8 (10-YR)/EXPIRED SECTION 9
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`ATTORNEY/DOM.REP REVOKED AND/OR APPOINTED
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`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
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`Thracy -
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`Jun. 13, 2012
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`May 30, 2012
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`May 06, 2010
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`Apr. 29, 2010
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`dan. 11, 2010
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`Dec. 09, 2009
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`Dec. 02, 2009
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`Nov. 09, 2009
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`Nov. 05, 2009
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`Nov. 03, 2009
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`Jun. 29, 2004
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`Apr. 16, 2004
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`Apr. 14, 2004
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`Apr. 12, 2004
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`Apr. 12, 2004
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`Mar. 29, 2004
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`Mar. 29, 2004
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`Apr. 08, 2004
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`Mar. 29, 2004
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`Nov. 07, 2003
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`Oct. 08, 2003
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`Oct. 08, 2003
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`May 19, 2003
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`Mar. 20, 2003
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`Mar. 21, 2003
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`Oct. 30, 2002
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`Sep. 20, 2002
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`Sep. 20, 2002
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`Feb. 11, 2002
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`Feb. 11, 2002
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`Nov. 13, 2001
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`Aug. 21, 2001
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`Aug. 01, 2001
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`Mar. 05, 2001
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`Mar. 05, 2001
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`AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP
`
`AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP
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`REVIEW OF CORRESPONDENCE COMPLETE
`
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`
`PAPER RECEIVED
`
`ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY
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`ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY
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`REGISTERED- SEC. 8 (6-YR) ACCEPTED
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
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`TEAS SECTION 8 RECEIVED
`
`REGISTERED-PRINCIPAL REGISTER
`
`ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED
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`ASSIGNED TO EXAMINER
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`STATEMENT OF USE PROCESSING COMPLETE
`
`76293
`
`76293
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`71378
`
`FISTS
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`76419
`
`EXTENSION 5 GRANTED
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`USE AMENDMENT FILED
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`EXTENSION 5 FILED
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`CASE FILE IN TICRS
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`PAPER RECEIVED
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`EXTENSION 4 GRANTED
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`EXTENSION 4 FILED
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`PAPER RECEIVED
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`EXTENSION 3 GRANTED
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`EXTENSION 3 FILED
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`PAPER RECEIVED
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`EXTENSION 2 GRANTED
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`
`
`EXTENSION 2 FILED
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`PAPER RECEIVED
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`EXTENSION 1 GRANTED
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`EXTENSION 1 FILED
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`NOA MAILED - SOU REQUIRED FROM APPLICANT
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`PUBLISHED FOR OPPOSITION
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`NOTICE OF PUBLICATION
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`APPROVED FOR PUB - PRINCIPAL REGISTER
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`ASSIGNED TO EXAMINER
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`78354
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`TM Staff and Location Information
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`TM Staff Information - None
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`File Location
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`https:/Asdr.uspto.gov/#caseNumber=761984368caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=statusSearch
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`Current Location: TMO LAW OFFICE 115
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`Date in Location: Nov. 09, 2009
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`Assignment Abstract Of Title Information - Click to Load
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`Proceedings - Click to Load
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`EXHIBIT B
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`ActiveUS 191960058v.1
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`13
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`1/11/22, 9:22 AM
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`Trademark Status & Document Retrieval
`
`usual. See current trademark processing wait times for more information.
`
`For assistance with TSDR, email teas@uspto.gov and include your serial number, the document you are looking for,
`and a screenshotof any error messages you have received.
`
`Processing Wait Times: Please note that due to an extraordinary surge in applications, processing times are longer than
`
`
`
`STATUS
`
`DOCUMENTS
`
`Back to Search
`
`Print
`
`Generated on: This page was generated by TSDR on 2022-01-11 09:21:49 EST
`Mark: ARCOXIA
`
`US Serial Number: 86320948
`
`Register: Principal
`
`Mark Type: Trademark
`TMS Common Status
`Descriptor:
`
`ARCOXIA
`
`Application Filing Date:
`
`Jun. 26, 2014
`
`DEAD/APPLICATION/Refused/Dismissed or Invalidated
`
`This trademark application was refused, dismissed, or invalic
`and this application is no longer active.
`
`Status: Abandoned because no Statement of Use or Extension Requesttimely filed after Notice of Allowance was i
`in this file, click on the Trademark Document Retrievallink at the top of this page.
`
`Status Date: Aug. 01, 2016
`
`Publication Date: Nov. 04, 2014
`
`Date Abandoned: Aug. 01, 2016
`
`Mark Information
`
`MarkLiteral Elements: ARCOXIA
`
`Notice of Allowance Date: Dec. 30, 2014
`
`Standard Character Claim: Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`
`Mark Drawing Type: 4 - STANDARD CHARACTER MARK
`
`Translation: The wording "ARCOXIA" has no meaning in a foreign language.
`
`Related Properties Information
`
`Claimed Ownership of US 2858309
`Registrations:
`
`Goods and Services
`
`Note:
`
`The following symbols indicate that theA registrant/owner has amended the goods/services:
`»® Brackets[..] indicate deleted goods/services;
`e Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`« Asterisks *..* identify additional (new) wording in the goods/services.
`https:/Asdr.uspto.gov/#caseNumber=8632094 88caseType=SERIAL_NO&searchType=statusSearch
`
`fiiveey“Terms
`18
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`ActiveUS 191960058v.1
`ActiveUS 191960058v.1
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`14
`14
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`1/11/22, 9:22 AM
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`Trademark Status & Document Retrieval
`
`For:
`
`pharmaceutical preparations for the treatmentof pain, inflammation, and arthritis
`
`International Class(es):
`Class Status:
`
`005 - Primary Class
`ACTIVE
`
`Basis:
`
`1(b)
`
`Basis Information (Case Level)
`
`Filed Use:
`
`Filed ITU:
`
`Filed 44D:
`
`Filed 44E:
`
`Filed 66A:
`
`Filed No Basis:
`
`No
`
`Yes
`
`No
`
`No
`
`No
`No
`
`U.S Class(es): 006, 018, 044, 046, Of
`
`Currently Use: No
`
`Currently ITU: Yes
`
`Currently 44E: No
`
`Currently 664A: No
`
`Currently No Basis: No
`
`Current Owner(s) Information
`
`Owner Name:
`
`Owner Address:
`
`Merck Sharp & Dohme Corp.
`One Merck Drive
`Whitehouse Station, NEW JERSEY UNITED STATES 08889
`
`Legal Entity Type:
`
`CORPORATION
`
`State or Country Where NEW JERSEY
`Organized:
`
`Attorney/Correspondence Information
`
`Attorney of Record
`
`Attorney Name:
`
`Christopher Bolinger
`
`Attorney Primary Email
`Address:
`
`trademarkus@merck.com
`
`Attorney Email Authorized: Yes
`
`Correspondent
`
`Correspondent
`Name/Address:
`
`CHRISTOPHER BOLINGER
`MERCK & CO., INC.
`126 ELINCOLN AVE
`Office of General Counsel
`RAHWAY, NEW JERSEY UNITED STATES 07065-4646
`
`Phone:
`
`432-594-0922
`
`Fax: 732-594-5760
`
`Domestic Representative - Not Found
`
`Prosecution History
`
`Date
`
`Aug. 01, 2016
`
`Aug. 01, 2016
`
`Feb. 02, 2016
`
`Description
`
`Proceeding Number
`
`ABANDONMENT NOTICE MAILED - NO USE STATEMENTFILED
`
`ABANDONMENT- NO USE STATEMENTFILED
`
`99999
`
`NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED
`
`https:/Asdr.uspto.gov/#caseNumber=8632094 8&caseType=SERIAL_NO&searchType=statusSearch
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`15
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`

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`1A1f2 2,9:22 AM
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`dan. 30, 2016
`
`Dec. 14, 2015
`
`Jan. 28, 2016
`
`Dec. 14, 2015
`
`May 28, 2015
`
`May 26, 2015
`
`May 26, 2015
`
`May 26, 2015
`
`Dec. 30, 2014
`Nov.
`
`04, 2014
`Nov.
`
`04, 2014
`
`Oct.
`
`15, 2014
`
`Sep.
`
`29, 2014
`
`Sep.
`
`25, 2014
`
`Sep.
`
`25, 2014
`
`Sep.
`
`25, 2014
`
`Sep.
`
`18, 2014
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`Sep.
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`17, 2014
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`Sep.
`
`16, 2014
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`Sep.
`
`16, 2014
`
`Sep.
`
`16, 2014
`
`Sep.
`Jul.
`
`16, 2014
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`02, 2014
`
`Trademark Status & Document Retrieval
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`EXTENSION 2 GRANTED
`
`EXTENSION 2 FILED
`
`CASE ASSIGNED TO INTENT TO USE PARALEGAL
`
`TEAS EXTENSION RECEIVED
`
`NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED
`
`EXTENSION 1 GRANTED
`
`EXTENSION 1 FILED
`
`TEAS EXTENSION RECEIVED
`
`NOA E-MAILED - SOU REQUIRED FROM APPLICANT
`
`OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
`
`PUBLISHED FOR OPPOSITION
`
`NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
`
`LAW OFFICE PUBLICATION REVIEW COMPLETED
`
`APPROVED FOR PUB - PRINCIPAL REGISTER
`
`TEAS/EMAIL CORRESPONDENCE ENTERED
`
`CORRESPONDENCE RECEIVED IN LAW OFFICE
`
`ASSIGNED TO LIE
`
`TEAS RESPONSE TO OFFICE ACTION RECEIVED
`
`NOTIFICATION OF NON-FINAL ACTION E-MAILED
`
`NON-FINAL ACTION E-MAILED
`
`NON-FINAL ACTION WRITTEN
`
`ASSIGNED TO EXAMINER
`
`NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
`
`66230
`
`66230
`
`66230
`
`98765
`
`98765
`
`70633
`
`70633
`
`70633
`
`70633
`
`6325
`
`6325
`
`76986
`
`76986
`
`Jun.
`
`30, 2014
`
`NEW APPLICATION ENTERED IN TRAM
`
`TM Staff and Location Information
`
`TM Staff Information
`
`TM Attorney: OLANDRIA, WARREN L
`
`Law Office Assigned: LAV OFFICE 112
`
`File Location
`
`Current Location:
`
`INTENT TO USE SECTION
`
`Date in Location:
`
`Jan. 28, 2016
`
`Assignment Abstract Of Title Information - Click to Load
`
`Proceedings - Click to Load
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`https:/Asdr.uspto.gov/#caseNumber=8632094 8&caseType=SERIAL_NO&searchType=statusSearch
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