Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA Tracking number:
`ESTTA1239558
`10/03/2022
`
`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
`Entity
`Address
`
`Attorney informa-
`tion
`
`Docket no.
`
`Minancora & Cia Ltda
`Citizenship
`Sociedade limitada
`RUA DONA FRANCISCA, N° 14795
`DISTRITO DE PIRABEIRABA
`JOINVILLE, SC, 89239-270
`BRAZIL
`
`Brazil
`
`RYAN A. MCGONIGLE
`HODGSON RUSS LLP
`605 THIRD AVENUE, SUITE 2300
`NEW YORK, NY 10158
`UNITED STATES
`Primary email: rmcgonig@hodgsonruss.com
`Secondary email(s): ipdocketing@hodgsonruss.com
`6462187537
`087078.00004
`
`Applicant information
`
`Application no.
`Opposition filing
`date
`Applicant
`
`97108841
`10/03/2022
`
`Publication date
`Opposition period
`ends
`
`09/20/2022
`10/20/2022
`
`PEGGSUS CORP
`APT TH 404
`200 SUNNY ISLES BLVD
`SUNNY ISLES, FL 33160
`UNITED STATES
`Goods/services affected by opposition
`
`Class 005. First Use: Apr 10, 2011 First Use In Commerce: Apr 10, 2011
`All goods and services in the class are opposed, namely: Acne medications; Acne treatment prepara-
`tions; Chilblain preparations; Anti-itch ointment; Antibiotic ointments
`
`Grounds for opposition
`
`No use of mark in commerce before application,
`amendment to allege use, or statement of use
`was due
`No bona fide intent to use mark in commerce for
`identified goods or services
`Fraud on the USPTO
`
`Trademark Act Section 1(a) and (c)
`
`Trademark Act Section 1(b), 44(e) or 66(a)
`
`In re Bose Corp., 580 F.3d 1240, 91 USPQ2d
`1938 (Fed. Cir. 2009)
`
`

`

`Other
`
`False claim of ownership and false suggestion of
`a connection
`
`Attachments
`
`ScannedDocument.pdf(1233579 bytes )
`
`Signature
`Name
`Date
`
`/Ryan A. McGonigle/
`Ryan A. McGonigle
`10/03/2022
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARKTRIAL AND APPEAL BOARD
`
`voceepeeeneeeeeinenX
`
`Minancora & Cia Ltda
`
`V.
`
`Peggsus Corp,
`
`Opposer,
`
`Applicant.
`
`eeecece eeeeigeneneexX
`
`Mark: MINANCORA
`(Word Mark)
`
`Serial No.: 97108841
`
`Filed: November 4, 2021
`
`NOTICE OF OPPOSITION
`PURSUANTTO 15 U.S.C. SECTION 1063
`
`Opposer, Minancora & Cia Ltda, (hereinafter. “Opposer” or “Minancora”), a sociedade
`
`por quotas de responsabilidade limitada existing underthe laws of Brazil and located and doing
`
`business at Rua Dona Francisca, N° 14795, Distrito de Pirabeiraba, Joinville, SC 89239-270,
`
`Brazil, believes that it will be damaged by the registration of the mark, MINANCORA (Word
`
`Mark), shown in Application Serial No. 97108841, which was filed on November 4, 2021 by
`
`Peggsus Corp, a corporation existing under the lawsof the State of Florida, located and doing
`
`business at 200 Sunny Isles Blvd., Apt TH 404, Sunny Isles. Florida 33160 (hereinafter, the
`
`“Applicant”), and hereby opposes the same underthe provisions of 15 U.S.C. §1063 (Trademark
`
`Act of 1946, Section 13).
`
`As grounds for opposition, Opposeralleges the following:
`
`1.
`
`Applicant seeks to register MINANCORA (Word Mark)(“Applicant’s Mark”) as a
`
`trademark for “Acne medications; Acne treatment preparations; Chilblain preparations; Anti-itch
`
`087078.00000 Business 22958648v1
`
`

`

`ointment; Antibiotic ointments”in International Class 5 (“Applicant’s Goods”), as evidenced by
`
`the publication of said mark for opposition in the Official Gazette of September 20, 2022.
`
`2:
`
`Applicant filed the application for the alleged mark MINANCORA (Word Mark)
`
`on November4, 2021 pursuant to Section 1(a) of the Lanham Act(“Applicant’s Application”).
`
`3.
`
`The U.S. Patent and Trademark Office (“USPTO”) assigned U.S. Trademark
`
`Application Serial Number 97108841 to Applicant’s Application.
`
`4,
`
`Opposeris a sociedade por quotas de responsabilidade limitada duly existing and
`
`organized underthe laws of Brazil, headquarted in Joinville, Santa Catarina. Opposer operates in
`
`the field of medicated and pharmaceutical skin care products under the MINANCORA (Word
`
`Mark) and the 7 (Logo Mark)trademarks and hasdoneso, withoutinterruption since 1912—
`
`far longer than anyinternational or use-based priority that could be claimed by Applicant.
`
`4.
`
`Opposer is the owner of U.S. Trademark Ser. Nos. 97617941 (the “*941
`
`Application”) and 97617944 (the “‘944 Application”), which werefiled on October3, 2022 in the
`
`USPTO:
`
`
`
`
`
`
`
`Medicated skin
`care
`preparations;
`pharmaceutical skin
`_lotions;
`MINANCORA
`
`impregnated with
`pharmaceutical preparations
`for
`skin care;
`tissues
`(Word Mark)
`
`
`
`
`antibacterial preparations; medicated ointments for treating dermatological
`
`
`conditions;
`anti-inflammatory ointments;
`topical
`analgesics;
`anti-itch
`
`
`ointment; pharmaceutical preparations for the treatment of feet ailments;
`
`
`pharmaceuticalanti-allergic preparations and substances; rings for calluses;
`
`
`cotton for medical purposes; antiseptic cotton; pharmaceutical preparations
`
`
`for treating allergies; bandages for dressings; analgesic balm; balms for
`
`
`medical purposes; corn and callus creams; corn rings for the feet; corn pads;
`
`
`corn plasters;
`poultices; medicated compresses; medicinal hair growth
`
`
`preparations; disinfectant for hygiene purposes; medical dressings; bandages
`
`
`for dressings; wound dressings; antiallergic medicines; acne medications;
`
`
`fungal medications; pain relief medication; medicated skin preparation for use
`
`
`in treating scars, wounds and chilblains; pharmaceutical preparations for the
`
`
`relief of insect bites; antibacterial pharmaceuticals; gauze for dressings;
`
`
`liniments; medicated
`lotions
`for
`treating
`dermatological
`conditions;
`
`medicated soap for foot perspiration; pharmaceutical preparations for wounds;
`
`
`
`
`087078.00000 Business 22958648v1
`
`

`

`removing preparations, namely, wart pencils
`
`pharmaceutical preparations for treating sunburn; pharmaceutical preparations
`for treating skin disorders; pharmaceutical preparations for the treatment of
`scars and chilblains; sunburn ointments; burn relief medication; preparations
`for the treatment of burns; chemical preparations for pharmaceutical or
`medical purposes, namely,
`for treatment of dermatological conditions;
`medicinal products for human medicine; camphor for medical purposes;
`plasters for
`medical
`purposes; medicinaloils; medicated
`after-
`shave lotions; antibacterial hand lotions; medicated hair lotions; medicated
`lotions
`for
`treating dermatological conditions;
`insect
`repellents; wart
`removing preparations, namely, wart pencils
`
`_lotions;
`pharmaceutical skin
`preparations;
`care
`Medicated skin
`pharmaceutical preparations
`for
`skin care;
`tissues
`impregnated with
`antibacterial preparations; medicated ointments for treating dermatological
`conditions;
`anti-inflammatory ointments;
`topical
`analgesics;
`anti-itch
`ointment; pharmaceutical preparations for the treatment of feet ailments;
`pharmaceutical anti-allergic preparations and substances; rings for calluses;
`cotton for medical purposes; antiseptic cotton; pharmaceutical preparations
`for treating allergies; bandages for dressings; analgesic balm; balms for
`medical purposes; corn and callus creams; corn rings for the feet; corn pads;
`corn plasters;
`poultices; medicated compresses; medicinal hair growth
`preparations; disinfectant for hygiene purposes; medical dressings; bandages
`for dressings; wound dressings; antiallergic medicines; acne medications;
`fungal medications;pain relief medication; medicated skin preparation for use
`in treating scars, wounds and chilblains; pharmaceutical preparations for the
`relief of insect bites; antibacterial pharmaceuticals; gauze for dressings;
`liniments; medicated
`lotions
`for
`treating
`dermatological
`conditions;
`medicated soap for foot perspiration; pharmaceutical preparations for wounds;
`pharmaceutical preparations for treating sunburn; pharmaceutical preparations
`for treating skin disorders; pharmaceutical preparations for the treatment of
`scars and chilblains; sunburn ointments; burn relief medication; preparations
`for the treatment of burns; chemical preparations for pharmaceutical or
`medical purposes, namely,
`for treatment of dermatological conditions;
`medicinal products for human medicine; camphor for medical purposes;
`plasters for
`medical
`purposes; medicinal oils; medicated
`after-
`shave lotions; antibacterial hand lotions; medicated hair lotions; medicated
`lotions
`for
`treating dermatological conditions;
`insect
`repellents; wart
`
`(hereinafter, the trademarks identified above are referred to herein as “Opposer’s Marks” or the
`
`“MINANCORA Marks” and the goods identified above are referred to herein as “Opposer’s
`
`Goods).
`
`087078.00000 Business 22958648v1
`
`

`

`I:
`
`5.
`
`6.
`
`FALSE CLAIM OF OWNERSHIP/FALSE
`CONNECTION
`
`SUGGESTION
`
`OF
`
`A
`
`All prior allegations are incorporated herein by reference.
`
`Foundedin 1912 in Joinville, Santa Catarina, Brazil by Portuguese-born Pharmacist
`
`Eduardo Augusto Goncalves (hereinafter, “Opposer’s Founder”),
`
`in its 110+ year history,
`
`Minancora has grown to become one of Brazil’s most iconic and well-known trademarks—the
`
`name and imagery of which would be familiar to Brazilians everywhere—includingthose resident
`
`in the United States.
`
`7.
`
`The MINANCORA™trademark as first devised by Opposer’s Founder is a
`
`portmanteau of two words that had special meaning for him: (i) Minerva, the Roman Goddess of
`
`Wisdom; and (ii) Ancora—the Portuguese word for “anchor’—which symbolized Opposer’s
`
`Founder’s decision to establish permanentroots in Brazil.
`
`8.
`
`Opposer’s signature products bearing Opposer’s Marks have beenin use in Brazil
`
`for over 110 years, since at least as early as 1912.
`
`9.
`
`Since its earliest days, Opposer has earned enviable praise at home and abroad for
`
`its skin care and pharmaceutical products bearing Opposer’s Marks.
`
`10.|Opposer is also the sole owner of various foreign trademark registrations for
`
`Opposer’s Marks, including but not limited to Brazil.
`
`11.
`
`In filing the ‘941 Application and the ‘944 Application for the MINANCORA
`
`Marks, under Section 44(e) of the Lanham Act, 15 U.S.C. § 1126(e), Opposeraffirmedthat: (i) it
`
`“believes that [it] is entitled to use the [Opposer’s Marks] in commerce;(ii) it “has a bonafide
`
`intention to use the [Opposer’s Marks] in commerceandhad a bonafide intention to use the mark
`
`in commerce as of the application filing date on or in connection with the goods/services in the
`
`087078.00000 Business 22958648v1
`
`

`

`application”; and(iii) “[t]o the best of [its] knowledge andbelief, the facts recited in the application
`
`are accurate.”
`
`12.
`
`Applicant is a Florida corporation having a place of business at 200 SunnyIsles
`
`Blvd., Apt. TH-404, SunnyIsles, Florida 33160.
`
`13.|Upon information andbelief, Applicant is a domestic reseller of Brazilian food and
`
`over-the-counter pharmaceutical products operating out of an apartment in SunnyIsles, Florida.
`
`Uponfurther information and belief, Applicant offers such Brazilian-made goods for resale to
`
`Brazilian expatriates and others in the United States on third-party retailer website, Amazon.com.
`
`See Exhibit “A” (annexing Applicant’s product offerings as of October 3, 2022).
`
`14.|On November4, 2021, Applicant filed a use-based trademark application in the
`
`U.S. Patent and Trademark Office (“USPTO”) under Section 1(a) of the Lanham Act, 15 U.S.C. §
`
`1051(a) for Applicant’s Mark using two specimensofuse that point unmistakably to Opposer:
`
`
`
`087078.00000 Business 22958648v1
`
`

`

`15.
`
`To accentuate Applicant’s bad faith, Applicant’s specimen appearing onthe left in
`
`Paragraph 14 above, provides,inter alia, the following: (i) Opposer’s corporate name, Minancora
`
`& Cia Ltda; (ii) Opposer’s complete address in Brazil; (111) its CNPJ—the Brazilian equivalent of
`
`a TaxpayerID;(iv) the Portuguese-language wording “IND. BRAS. - MARCA REG.”——which
`
`means “Brazilian Industry — Registered Trademark”; (v) Opposer’s productlot, fabrication and
`
`expiration dates;
`
`and (vi) Opposer’s website and “Consumer Service” email address
`
`(sac@minancora.com.br).
`
`16.|Applicant’s specimen appearing on the right in Paragraph 14 is entirely in the
`
`Portuguese language and appears identical to the product sold by Opposer and advertised on its
`
`website, www.minancora.com.br:
`
`
`
`17.
`
`Upon information and belief, Applicant had actual knowledge of Opposer’s Marks
`
`at the time ofthefiling of its application for Applicant’s Mark for a variety of reasons. First, upon
`
`information and belief, Applicant’s President, Pietro Forte, is a Brazilian-born U.S. resident or
`
`national and, as such,it is well aware of Opposer’s rights in the MINANCORA Marks. Second,
`
`upon selecting specimens that were not in the English language and contained all of Opposer’s
`
`personal details referenced hereinabove at Paragraph 15, Applicant cannot plausibly claim not to
`
`have had actual knowledge of Opposerandits rights in the MINANCORA Marks.
`
`087078.00000 Business 22958648v1
`
`

`

`18.
`
`Moreover, the fact that Applicant also deals in Brazilian made goods onretail
`
`websites such as Amazon.com suggests that it has actual knowledge of Opposerandits rights in
`
`and to the MINANCORA Marksandthat it intended to cause a deliberate likelihood of confusion
`
`with its attempt to register the Applicant’s Mark.
`
`19.
`
`Upon information and belief,
`
`the ‘941 Application and the ‘944 Application
`
`initially will be refused registration by USPTO Examining Attorneys on the groundsthat they pose
`
`a likelihood of confusion with Applicant’s Mark.
`
`20.
`
`Applicant falsely clatmed ownership of Applicant’s Mark when signing andfiling
`
`the declaration in support of Applicant’s Application.
`
`21.
`
`These statements made by Applicant were demonstrably false because the
`
`specimensof use selected by Applicant, which as mentioned hereinabove at Paragraph 15, point
`
`unmistakably to Opposerandits rights to and in the MINANCORA Marks.
`
`22.|Opposer believes that it is and will be damaged by the registration of the mark
`
`applied for by Applicant.
`
`Il.
`
`FRAUD ON THE USPTO
`
`23.
`
`24.
`
`All prior allegations are incorporated herein by reference.
`
`‘The actions by Applicant in falsifying the ownership information in Applicant's
`
`Application constitutes fraud on the USPTO.
`
`25.|When Applicant filed its application in the USPTO for the “MINANCORA”
`
`trademark,as a reseller of Brazilian-made goodsto the American market, including butnot limited
`
`to Brazilian expatriates, Applicant had actual knowledge of Opposer’s prior rights to that
`
`trademark.
`
`087078.00000 Business 22958648vI
`
`

`

`26.
`
`Particularly, in the filing of Applicant’s Application under 15 U.S.C. § 1051(a),
`
`Applicant, by its President, Pietro Forte, averred on penalty of perjury that: (i) “[t]he signatory
`
`believes that the applicantis the ownerofthe trademark/service mark sought to be registered”; (ii)
`
`“(t]he mark is in use in commerce and was in use in commerce as ofthe filing date of the
`
`application on or in connection with the goods/servicesin the application”; (iii) “[t]he specimen(s)
`
`showsthe mark as used on or in connection with the goods/services in the application and was
`
`used on or in connection with the goods/services in the application as ofthe application filing date;
`
`and(iv) “[t]o the best of the signatory’s knowledge andbelief, the facts recited in the application
`
`are accurate.”
`
`27.
`
`Applicant, by its President, Pietro Forte, also averred that “no other persons...have
`
`the right to use the mark in commerce,either in the identical form or in such near resemblance as
`
`to be likely, when used on or in connection with the goods/services of such other person, to cause
`
`confusion or mistake, or to deceive.”
`
`28.
`
`At no timepriorto the filing of Applicant’s Application was Applicant’s Mark in
`
`use in U.S. commerce for any of Applicant’s Goods.
`
`29.
`
`Applicant made knowingly false material representations offact in connection with
`
`the Applicant’s Application.
`
`30.
`
`The USPTOrelied on the misrepresentations made by Applicant whenit published
`
`Applicant’s Mark for opposition purposes.
`
`31.
`
`Additionally, Applicant hasfiled at least one (1) other trademark application in the
`
`USPTOfor a well-known Latin American skin care trademark that as shown below:
`
`
` TRADEMARK
`
`SERIAL NO.|FILING DATE|CLASS/GOODS
`
`
`
`HIPOGLOS(Word Mark)|97473128 June 23,2022 | 003/ Non-medicated diaper
`
`rash cream
`
`087078.00000 Business 22958648v1
`
`

`

`(hereinafter, the above-listed trademark is referred to as “Applicant’s Other Mark”). Copies ofthe
`
`foregoing are attached hereto as Exhibit “B.”
`
`32.
`
` Applicant’s actionsin filing Applicant’s Other Mark together with its claimed “use”
`
`of Applicant’s Mark shows a purposeful
`
`intent
`
`to deceive the USPTO because Applicant
`
`knowingly had nointention of using that trademark (or its so-called “MINANCORA”trademark)
`
`in U.S. commerce.
`
`33.
`
`On the date on whichit filed Applicant’s Other Mark, Applicant—having no bona
`
`fide intent to use the same—knowingly made a false and fraudulent statement to the USPTO
`
`whereinit falsely claimed: “[t]he applicant has a bonafide intention to use the mark in commerce
`
`and had a bonafide intention to use the mark in commerceas ofthe application filing date on or
`
`in connection with the goods/servicesin the application.”
`
`34.
`
`Applicant knowingly did not have a bona fide intent to use Applicant’s Mark or
`
`Applicant’s Other Mark as Applicant has not taken steps to commence to use either of the
`
`foregoing in connection with any of the goods enumeratedtherein.
`
`35.
`
`The false and fraudulent declarations referred to above were made by Applicant
`
`with actual knowledge of their falsity, and were not made on information and belief, and were
`
`made by a person (Mr. Pietro Forte) who knewthat the same werefalse and fraudulent.
`
`36.|The USPTO did rely on the false and fraudulent declarations in Applicant’s Mark
`
`and Applicant’s Other Mark when it acknowledged those trademark applications and allowed them
`
`to publish for opposition.
`
`37.
`
`38.
`
`As aresult, Applicant willfully and knowingly perpetrated a fraud on the USPTO.
`
`Applicant is not entitled to a registration on the Principal Register of the USPTO
`
`for Applicant’s Mark (or, indeed, Applicant’s Other Mark) as it has never had any legitimate
`
`087078.00000 Business 22958648w1
`
`

`

`interest in the same or had a bona fide intent to use the same in U.S. commerce, and becauseits
`
`specimensof“use” of Applicant’s Mark are blatantly fraudulent.
`
`39.
`
`Hadit been aware of the false and fraudulent declaration referred to above and of
`
`Applicant’s knowingly fraudulent acts,
`
`the USPTO would not have accepted the filing of
`
`Applicant’s Application nor would haveit allowedit to publish.
`
`WHEREFORE, Opposer prays that the application for registration of MINANCORA
`
`(Word Mark), Serial No. 97108841, filed on November4, 2021, be denied and that this Opposition
`
`be sustained.
`
`Dated: October 3, 2022
`
`Respectfully submitted for Opposer,
`Minancora & Cia Ltda
`
`
`
`Teyéro'
`
`A. McGonigl
`Ryan
`HODGSON RUSS LLP
`605 Third Avenue, Suite 2300
`New York, NY 10158
`(646) 218-7537
`
`087078.00000 Business 22958648v1
`
`10
`
`

`

`Exhibit “A”
`
`

`

`Deliver to Ryan
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`

`Exhibit “B”
`
`

`

`10/3/22, 11:27 PM
`
`Trademark Electronic Search System (TESS)
`
`United States Patent and Trademark Office
`
`Home|Site index |Search] FAQ| Glossary|Contacts|eBusiness| eBiz alerts| News
`Trademarks > Trademark Electronic Search System (TESS)
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`TESS was last updated on Mon Oct 3 03:17:22 EDT 2022
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`
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`oe oe
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`Please logout when you are doneto release system resourcesallocated for you.
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`List At: OR [Jump}to record: Record 1 out of 4
`
`SL
`TESS)
`Word Mark
`
`Goods and Services
`Standard Characters
`Claimed
`
`Mark Drawing Code
`Serial Number
`
`Filing Date
`Current Basis
`
`( Use the "Back" button ofthe Internet Browserto return to
`
`HIPOGLOS
`
`IC 003. US 001 004 006 050 051 052. G & S: Non-medicated diaper rash cream
`
`(4) STANDARD CHARACTER MARK
`97473128
`
`June 23, 2022
`1B
`
`1B
`Original Filing Basis
`Published for Opposition September 20, 2022
`Owner
`(APPLICANT) PEGGSUS CORP CORPORATION FLORIDA 200 sunnyisles blvd Sunnyisles
`FLORIDA 33160
`
`TRADEMARK
`Type of Mark
`PRINCIPAL
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