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`ESTTA Tracking number:
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`ESTTA1263584
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`Filing date:
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`02/01/2023
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding no.
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`91282506
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`Party
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`Correspondence
`address
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`Defendant
`LifeLab Therapeutics, LLC
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`LIFELAB THERAPEUTICS, LLC
`7986 S TITUS CT
`AURORA, CO 80016
`UNITED STATES
`Primary email: rematuszewski@gmail.com
`Secondary email(s): dmess32@gmail.com
`303-324-7691
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`Submission
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`Filer's name
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`Filer's email
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`Signature
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`Date
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`Answer
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`Ian R. Walsworth
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`Ian.Walsworth@fisherbroyles.com
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`/Ian R. Walsworth/
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`02/01/2023
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`Attachments
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`Resp_Opp_91282506.pdf(166102 bytes )
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Serial No.:
`Filed:
`Published:
`Applicant:
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`90/872,993
`August 9, 2021
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`October 25, 2022
`LifeLab Therapeutics, LLC
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`Mark:
`International Class:
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`MONSTER ENERGY COMPANY
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`Opposer,
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`LIFELAB THERAPEUTICS, LLC,
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`Applicant.
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`Opposition No. 91/282,506
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`ANSWER TO NOTICE OF OPPOSITION
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`COMES NOW the Applicant, LifeLab Therapeutics, LLC (“LifeLab”), who submits this
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`Answer to the Notice of Opposition as filed by Opposer Monster Energy Company (“Monster”). In
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`its Notice of Opposition, Monster alleges that it will suffer damage under §§ 2(d) and 43(c) of the
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`Lanham Act on account of the registration of U.S. Trademark Application Serial No. 90/872,993 for
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`the mark “MANTIS” with Design as depicted above (the “Application”). LifeLab denies that such
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`damage will occur to Opposer as a result of registration of the Application for the reasons herein.
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`OPPOSER’S ALLEGATIONS
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`In response to Monster’s allegations contained in numbered paragraphs 1-24 within its
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`Notice of Opposition, LifeLab answers as follows:
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`1. Admitted.
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`2. LifeLab is without knowledge or information sufficient to form a belief as to the truth of the
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`allegations contained in Paragraph 2, and therefor denies the same.
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`3. LifeLab is without knowledge or information sufficient to form a belief as to the truth of the
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`allegations contained in Paragraph 3, and therefor denies the same.
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`4. LifeLab is without knowledge or information sufficient to form a belief as to the truth of the
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`allegations contained in Paragraph 4, and therefor denies the same.
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`5. LifeLab is without knowledge or information sufficient to form a belief as to the truth of the
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`allegations contained in Paragraph 5, and therefor denies the same.
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`6. Denied.
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`7. LifeLab is without knowledge or information sufficient to form a belief as to the truth of the
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`allegations contained in Paragraph 7, and therefor denies the same.
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`8. LifeLab admits that Monster owns U.S. Trademark Registration Nos. 3,434,821, 5,580,962,
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`5,022,676, 4,865,702, 4,790,629, 4,865,714 and 4,954,483 as indicated on the face of the
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`Registrations. LifeLab is without knowledge or information sufficient to form a belief as to
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`the truth of the remaining allegations contained in Paragraph 8, and therefor denies the same.
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`9. LifeLab admits that Monster owns U.S. Trademark Registration No. 3,434,821, which lists
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`the classification(s), registration and filing dates on the face of the ‘821 Registration.
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`LifeLab further admits that the filing date of the ‘821 Registration is prior to the filing date
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`of the Application. LifeLab is without knowledge or information sufficient to form a belief
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`as to the truth of the remaining allegations contained in Paragraph 9, and therefor denies the
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`same.
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`10. LifeLab admits that Monster owns U.S. Trademark Registration No. 5,580,962, which lists
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`the classification(s), registration and filing dates on the face of the ‘962 Registration.
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`LifeLab further admits that the filing date of the ‘962 Registration is prior to the filing date
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`of the Application. LifeLab is without knowledge or information sufficient to form a belief
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`as to the truth of the remaining allegations contained in Paragraph 10, and therefor denies the
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`same.
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`11. LifeLab admits that Monster owns U.S. Trademark Registration No. 5,022,676, which lists
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`the classification(s), registration and filing dates on the face of the ‘676 Registration.
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`LifeLab further admits that the filing date of the ‘676 Registration is prior to the filing date
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`of the Application. LifeLab is without knowledge or information sufficient to form a belief
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`as to the truth of the remaining allegations contained in Paragraph 11, and therefor denies the
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`same.
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`12. LifeLab admits that Monster owns U.S. Trademark Registration No. 4,865,702, which lists
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`the classification(s), registration and filing dates on the face of the ‘702 Registration.
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`LifeLab further admits that the filing date of the ‘702 Registration is prior to the filing date
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`of the Application. LifeLab is without knowledge or information sufficient to form a belief
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`as to the truth of the remaining allegations contained in Paragraph 12, and therefor denies the
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`same.
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`13. LifeLab admits that Monster owns U.S. Trademark Registration No. 4,790,629, which lists
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`the classification(s), registration and filing dates on the face of the ‘629 Registration.
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`LifeLab further admits that the filing date of the ‘629 Registration is prior to the filing date
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`of the Application. LifeLab is without knowledge or information sufficient to form a belief
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`as to the truth of the remaining allegations contained in Paragraph 13, and therefor denies the
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`same.
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`14. LifeLab admits that Monster owns U.S. Trademark Registration No. 4,865,714, which lists
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`the classification(s), registration and filing dates on the face of the ‘714 Registration.
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`LifeLab further admits that the filing date of the ‘714 Registration is prior to the filing date
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`of the Application. LifeLab is without knowledge or information sufficient to form a belief
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`as to the truth of the remaining allegations contained in Paragraph 14, and therefor denies the
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`same.
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`15. LifeLab admits that Monster owns U.S. Trademark Registration No. 4,954,483, which lists
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`the classification(s), registration and filing dates on the face of the ‘483 Registration.
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`LifeLab further admits that the filing date of the ‘483 Registration is prior to the filing date
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`of the Application. LifeLab is without knowledge or information sufficient to form a belief
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`as to the truth of the remaining allegations contained in Paragraph 15, and therefor denies the
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`same.
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`16. LifeLab admits that Monster’s U.S. Trademark Registration Nos. 3,434,821, 5,580,962,
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`5,022,676, 4,865,702, 4,790,629, 4,865,714 and 4,954,483 are owned by Monster, are
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`subsisting, unrevoked and uncancelled as indicated on the face of the Registrations, and
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`further admits that the Registrations are presumed valid. LifeLab is without knowledge or
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`information sufficient to form a belief as to the truth of the remaining allegations contained
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`in Paragraph 16, and therefor denies the same.
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`17. LifeLab admits that U.S. Trademark Registration Nos. 3,434,821, 5,580,962, 5,022,676,
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`4,865,702, 4,790,629, 4,865,714 and 4,954,483 have been declared incontestable pursuant to
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`15 U.S.C. § 1065. LifeLab is without knowledge or information sufficient to form a belief as
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`to the truth of the remaining allegations contained in Paragraph 17, and therefor denies the
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`same.
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`18. LifeLab denies that Monster’s identified trademarks were famous long before Applicant filed
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`an application for registration of Applicant’s Mark, and further denies that Monster’s Claw
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`Icon has become famous in connection with: aerosol dispensers for medical use sold filled
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`with herbal supplements; plant-based nutraceuticals for use as a dietary supplement; menthol
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`for pharmaceutical purposes; lidocaine; camphor for medical purposes and eucalyptus for
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`pharmaceutical purposes; anti-inflammatory sprays; dietary and nutritional supplements for
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`sleep, altitude sickness, pain relief, anxiety and weight loss; herbal supplements; herbal
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`supplements for sleeping problems; herbal supplements for sleep, altitude sickness, mood,
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`pain relief, anxiety and weight loss; sexual stimulant sprays; and therapeutic spray to soothe
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`and relax the muscles. LifeLab is without knowledge or information sufficient to form a
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`belief as to the truth of the remaining allegations contained in Paragraph 18, and therefor
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`denies the same.
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`19. LifeLab denies that the Application seeks an unrestricted federal registration for Applicant’s
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`Mark in International Class 5. LifeLab is without knowledge or information sufficient to
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`form a belief as to the truth of the remaining allegations contained in Paragraph 19, and
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`therefor denies the same.
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`5
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`20. LifeLab denies that Monster will be damaged by registration of the Application and
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`specifically denies that Applicant’s Mark resembles Opposer’s Claw Icon and related marks
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`in any respect, including but not limited to the shape, design, color, appearance, sound and
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`meaning of Applicant’s Mark as compared to Monster’s related marks. More specifically,
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`LifeLab’s Application incorporates distinctive and dissimilar words and design elements,
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`namely, a copper-colored “mantis” in a circle, as reflected in design search codes “03.23.10 -
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`Cicadas; Crickets; Grasshoppers; Locusts; Praying mantis; 03.23.24 - Stylized insects,
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`spiders, and micro-organisms; 26.01.02 - Circles, plain single line; Plain single line circles.”
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`LifeLab’s Mark does not resemble a “Claw Icon” or the letter “M” as Monster alleges.
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`LifeLab’s Mark prominently incorporates the word “MANTIS” which is not similar in
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`appearance or meaning to any of the asserted Monster registrations. LifeLab further denies
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`that LifeLab’s use of Applicant’s Mark in connection with the goods identified would result
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`in confusion, mistake or deception under the Lanham Act, and further denies that the
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`Applicant’s goods are sufficiently related to Monster’s such that consumers would likely
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`assume that they come from a common source.
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`21. Denied.
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`22. Denied
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`23. LifeLab is without knowledge or information sufficient to form a belief as to the truth of the
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`allegations contained in Paragraph 23, and therefor denies the same.
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`24. Denied.
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`6
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`AFFIRMATIVE DEFENSES
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`For its affirmative defenses, LifeLab asserts as follows:
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`1. Monster has failed to state a claim upon which relief can be granted.
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`2. There is no confusion or likelihood of confusion with Monster’s Claw Icon or related marks
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`to bar registration of Applicant’s Mark under the Lanham Act.
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`3. There is no dilution of Monster’s Claw Icon or related mark under the Lanham Act.
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`LifeLab reserves the right to add additional affirmative defenses as they become known through
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`discovery.
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`Dated: February 1, 2023
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`Respectfully submitted,
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`LifeLab Therapeutics, LLC
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`/s/ Ian R. Walsworth
`Ian R. Walsworth
`FisherBroyles LLP
`1400 16th Street
`16 Market Square, Suite 400
`Denver, CO 80202
`Tel.: 303.803.6158
`Ian.Walsworth@fisherbroyles.com
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`By
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`Jason A. Champion
`KNOBBE MARTENS
`2040 MAIN STREET, 14TH FLOOR IRVINE, CA 92614
`Primary email: efiling@knobbe.com
`Secondary email(s): MEC.TTAB@knobbe.com
`Telephone: (949) 760-0404
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`/s/ Ian R. Walsworth
`Ian R. Walsworth
`FisherBroyles LLP
`ATTORNEYS FOR APPLICANT
`1400 16th Street
`16 Market Square, Suite 400
`Denver, CO 80202
`Telephone: 303.803.6158
`Ian.Walsworth@fisherbroyles.com
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`CERTIFICATE OF SERVICE
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`I hereby certify that I served a copy of the foregoing ANSWER TO NOTICE OF
`OPPOSITION upon Opposer by depositing one copy thereof in the United States Mail, first-class
`postage prepaid, on February 1, 2023, addressed as follows:
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