Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`
`ESTTA Tracking number:
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`ESTTA1236483
`
`Filing date:
`
`09/19/2022
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91276182
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Defendant
`Titan Medical Inc.
`
`JONATHAN A. MENKES
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 MAIN STREET, 14TH FLOOR
`IRVINE, CA 92614
`UNITED STATES
`Primary email: efiling@knobbe.com
`949-760-0404
`
`Answer
`
`Jonathan A. Menkes
`
`efiling@knobbe.com, betty.delatorre@knobbe.com
`
`/Jonathan Menkes/
`
`09/19/2022
`
`2022-09-19 Applicants Answer to Notice of Opposition - TMEDT.095M.pdf
`(140739 bytes )
`
`
`
`ESTTA Tracking number:
`
`ESTTA1236483
`
`Filing date:
`
`09/19/2022
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91276182
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Defendant
`Titan Medical Inc.
`
`JONATHAN A. MENKES
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 MAIN STREET, 14TH FLOOR
`IRVINE, CA 92614
`UNITED STATES
`Primary email: efiling@knobbe.com
`949-760-0404
`
`Answer
`
`Jonathan A. Menkes
`
`efiling@knobbe.com, betty.delatorre@knobbe.com
`
`/Jonathan Menkes/
`
`09/19/2022
`
`2022-09-19 Applicants Answer to Notice of Opposition - TMEDT.095M.pdf
`(140739 bytes )
`
`
`
`TMEDT.095M
`
`TTAB
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`COLOPLAST A/S,
`
`Opposer,
`
`v.
`
`Titan Medical Inc.,
`
`Applicant.
`
`Opposition No.: 91276182
`
`
`
`Serial No.: 90/573,147
`
`Mark:
`
`
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
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`)
`)
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`APPLICANT’S ANSWER TO NOTICE OF OPPOSITION
`
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`Applicant, Titan Medical Inc. (“Applicant”), hereby responds to the Notice of Opposition
`
`(the “Opposition”) filed by Coloplast A/S (“Opposer”) against Applicant’s U.S. Trademark
`
`Application Serial No. 90/573,147 for
`
`for “Computer-assisted
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`surgical apparatus kit primarily comprised of a surgical workstation comprised of a robotic control
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`device and surgical devices and instruments, surgeon’s workstation, electrical video display
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`monitors, input controllers, and surgical patient cart; Computer-assisted surgical device and
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`apparatus, in particular endoscopic cameras for medical use, surgical instruments, electrosurgical
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`instruments, and surgical products in the nature of surgical drapes” in Class 10 (the “Application”)
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`as follows:
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`To the extent a response is required to the first unnumbered paragraph of the Opposition,
`
`Applicant admits that Applicant filed the Application on March 11, 2021, and the Application
`
`
`
`published for opposition on November 16, 2021. Applicant denies the remaining allegations
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`contained in the first unnumbered paragraph of the Opposition.
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`1.
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`Applicant lacks sufficient knowledge or information to admit or deny the
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`allegations in Paragraph 1 of the Opposition and on that basis denies them.
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`2.
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`3.
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`4.
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`Applicant admits the allegations in Paragraph 2 of the Opposition.
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`Applicant admits the allegations in Paragraph 3 of the Opposition.
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`Applicant lacks sufficient knowledge or information to admit or deny the
`
`allegations in Paragraph 4 of the Opposition and on that basis denies them.
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`5.
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`Applicant lacks sufficient knowledge or information to admit or deny the
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`allegations in Paragraph 5 of the Opposition and on that basis denies them.
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`6.
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`Applicant lacks sufficient knowledge or information to admit or deny the
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`allegations in Paragraph 6 of the Opposition and on that basis denies them.
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`7.
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`8.
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`9.
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`Applicant denies the allegations in Paragraph 7 of the Opposition.
`
`Applicant denies the allegations in Paragraph 8 of the Opposition.
`
`Applicant denies the allegations in Paragraph 9 of the Opposition.
`
`10.
`
`Applicant denies the allegations in Paragraph 10 of the Opposition.
`
`11.
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`Applicant denies the allegations in Paragraph 11 of the Opposition.
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`The last unnumbered paragraph is a statement of the relief sought by Opposer. To the
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`extent a response to this paragraph is required, Applicant denies that Opposer is entitled to any
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`relief sought in the Opposition.
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`
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`
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`
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`-2-
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`
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`AFFIRMATIVE DEFENSES
`
`
`
`Applicant has not yet identified affirmative defenses to assert in this proceeding. However,
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`Applicant reserves the right to amend its Answer to the Opposition to allege affirmative defenses
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`in the event that discovery of additional information indicates they are appropriate.
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`
`
`
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`
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`Dated: September 19, 2022
`
`
`
`
`
`
`By:
`
`
`
`
`
`
`
`Respectfully submitted,
`
`KNOBBE, MARTENS, OLSON & BEAR LLP
`
`/Jonathan A. Menkes/
`Jeff Van Hoosear
`Jonathan A. Menkes
`Morgan Robertson
`2040 Main Street, 14th Floor
`Irvine, CA 92614
`Phone: 949-760-0404
`efiling@knobbe.com
`Attorneys for Opposer,
`Titan Medical Inc.
`
`-3-
`
`
`
`
`
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`I hereby certify that a true and complete copy of the foregoing APPLICANT’S ANSWER
`
`CERTIFICATE OF SERVICE
`
`TO NOTICE OF OPPOSITION has been served on the Opposer’s counsel of record on
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`September 19, 2022 via electronic mail to:
`
`
`SIMOR L. MOSKOWITZ
`WESTERMAN, HATTORI, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA 22182
`UNITED STATES
`smoskowitz@whda.com
`tjeffery@whda.com, trademarkmail@whda.com
`
`
`
`
`Signature:
`
`
`
`Name: Betty De La Torre
`
`Date: September 19, 2022
`
`56321131
`
`
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`
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`-4-
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