Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1257888
`01/04/2023
`
`ESTTA Tracking number:
`
`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
`
`Adare Pharmaceuticals S.R.L.
`
`Granted to date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`01/04/2023
`
`VIA MARTIN LUTHER KING, 13
`PESSANO CON BORNAGO MILANO, 20060
`ITALY
`
`ALLISON Z GIFFORD
`STRADLEY RONON STEVENS & YOUNG, LLP
`30 VALLEY STREAM PARKWAY
`MALVERN, PA 19355
`UNITED STATES
`Primary email: trademarks@stradley.com
`Secondary email(s): agifford@stradley.com, ddavidson@stradley.com,
`eodonoghue@stradley.com
`6106405800
`
`Docket no.
`
`186379-9002
`
`Applicant information
`
`Application no.
`
`97086516
`
`01/04/2023
`
`Opposition filing
`date
`
`Applicant
`
`Publication date
`
`09/06/2022
`
`Opposition period
`ends
`
`01/04/2023
`
`George Wissa
`31238 PALOS VERDES DRIVE WEST
`RANCHO PALOS VERDES, CA 90275
`UNITED STATES
`
`Goods/services affected by opposition
`
`Class 005. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Veterinary pharmaceutical preparations for
`dogs, cats and other domestic animals, namely, a drug delivery system comprising small flavored
`tablets for therapeutic release of a variety of pharmaceutical and therapeutic agents used for hyper-
`tension, seizures/epilepsy, megacolon, hepatic lipidosis, atopic dermatitis, cardiovascular disease,
`and inflammatory bowel disease
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Marks cited by opposer as basis for opposition
`
`

`

`U.S. registration
`no.
`
`1853971
`
`Register
`
`Principal
`
`Registration date
`
`09/13/1994
`
`Application date
`
`10/01/1990
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`EURAND MINITABS
`
`NONE
`
`Class 001. First use: First Use: Feb 5, 1993 First Use In Commerce: Feb 5,
`1993
`pharmaceutical carrier preparation with sustained release properties used in the
`manufacture of pharmaceuticals
`
`U.S. registration
`no.
`
`2587934
`
`Register
`
`Principal
`
`Registration date
`
`07/02/2002
`
`Application date
`
`02/16/2001
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`MICROCAPS
`
`NONE
`
`Class 005. First use: First Use: Jul 21, 1992 First Use In Commerce: Jul 21,
`1992
`decongestants, stimulant capsules and caplets, anti-inflammatory preparations,
`pharmaceutical preparations for the treatment of cardiovascular disorders
`
`U.S. registration
`no.
`
`1901350
`
`Register
`
`Supplemental
`
`Registration date
`
`06/20/1995
`
`Application date
`
`05/05/1992
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`MICROCAPS
`
`NONE
`
`Class 005. First use: First Use: Dec 1983 First Use In Commerce: Dec 1983
`oral analgesics and potassium supplements
`
`Attachments
`
`Notice of Opposition - MICROTABS.pdf(451759 bytes )
`
`Signature
`
`/allison z gifford/
`
`Name
`
`Date
`
`ALLISON Z GIFFORD
`
`01/04/2023
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the matter of trademark application Serial No. 97/086,516
`For the mark MICROTABS
`Published in the Official Gazette on September 6, 2022
`
`
`
`Adare Pharmaceuticals S.R.L.,
`
`
`
`
`
`
`
`
`Opposer,
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`
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`
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`v.
`
`
`
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`
`
`George Wissa,
`
`
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`
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`
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`Applicant.
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`NOTICE OF OPPOSITION
`
`
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`Filed Electronically on January 4, 2023
`
`Trademark Trial and Appeal Board
`U.S. Patent and Trademark Off
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`Sir or Madam:
`
`Adare Pharmaceuticals S.R.L., (“Opposer”), by and through its attorneys, Stradley Ronon
`
`Stevens & Young, LLP, files this notice opposing the registration of pending Trademark
`
`Application Serial No. 97/086,516 (“the ‘516 Application”) for the mark “MICROTABS” filed
`
`October 21, 2021, for “veterinary pharmaceutical preparations for dogs, cats and other domestic
`
`animals, namely, a drug delivery system comprising small flavored tablets for therapeutic release
`
`of a variety of pharmaceutical and therapeutic agents used for hypertension, seizures/epilepsy,
`
`megacolon, hepatic lipidosis, atopic dermatitis, cardiovascular disease, and inflammatory bowel
`
`disease,” in International Class 5, by George Wissa (“Applicant”), because Opposer is likely to
`
`

`

`be damaged and harmed if the U.S. Patent and Trademark Office (“PTO”) issues a registration
`
`based on the ‘516 Application.
`
`As grounds for the opposition, Opposer alleges as follows in the numbered paragraphs
`
`below:
`
`THE PARTIES AND THEIR RESPECTIVE MARKS
`
`1.
`
`Opposer is a limited liability company organized and existing under the laws of
`
`Italy, with a place of business located at Via Martin Luther King, 13, Pessano con Bornago,
`
`Italy.
`
`2.
`
`Opposer is a global technology driven contract drug product development and
`
`manufacturing organization providing turnkey product development through commercial
`
`manufacturing expertise focused on oral dosage forms of drug product for the pharmaceutical,
`
`animal health, and over-the-counter markets.
`
`3.
`
`Opposer’s specialized technology platforms provide taste making, oral
`
`disintegrating tablets, and customized drug release solutions. For many years, Opposer has
`
`developed and manufactured more than forty products sold in more than 100 countries.
`
`4.
`
`Opposer is the owner of all right, title and interest in and to the following U.S.
`
`Registrations for the marks EURAND MINITABS and MICROCAPS (collectively “Opposer’s
`
`Marks”):
`
`a. EURAND MINITABS, U.S. Registration No. 1,853,971, registered
`
`September 13, 1994, for “pharmaceutical carrier preparation with sustained
`
`release properties used in the manufacture of pharmaceuticals,” in
`
`International Class 1;
`
`
`
`2
`
`

`

`b. MICROCAPS, U.S. Registration No. 2,587,934, registered July 2, 2002, for
`
`“decongestants, stimulant capsules and caplets, anti-inflammatory
`
`preparations, pharmaceutical preparations for the treatment of cardiovascular
`
`disorders,” in International Class 5; and
`
`c. MICROCAPS, U.S. Registration No. 1,901,350, registered June 20, 1995, for
`
`“oral analgesics and potassium supplements,” in International Class 5.
`
`The goods identified by Opposer’s Marks are collectively “Opposer’s Goods.”
`
`5.
`
`Opposer’s Marks are valid, subsisting and in full force and effect, and constitute
`
`prima facie evidence of, and those registrations that are incontestable constitute conclusive
`
`evidence of, the validity of those marks and Opposer’s ownership and exclusive right to use the
`
`marks in Opposer’s Marks on or in connection with the goods listed in the registrations. True
`
`and correct copies of the Certificates of Registration, renewal acceptance notifications, and
`
`current status and title of Opposer’s Marks from the PTO Trademark Status & Document
`
`Retrieval database are attached as Exhibit A.
`
`6. Opposer, via its predecessors-in-interest and its exclusive licensees, has
`
`exclusively and continuously used the marks in Opposer’s Marks on and in connection with
`
`goods listed in the registrations in the United States since at least as early as February 5, 1993 for
`
`the EURAND MINITABS mark and since at least as early as December 1983 for the
`
`MICROCAPS marks.
`
`7. Opposer’s Goods and specialized technology platforms are provided by Opposer
`
`and its exclusive licensees in the United States and throughout the world in prescription drugs
`
`and over-the-counter medicines and are sold by well-known, global pharmaceutical companies
`
`for the pharmaceutical, animal health, and over-the-counter markets.
`
`
`
`3
`
`

`

`8.
`
`Opposer’s customers in the pharmaceutical industry contract with Opposer for
`
`Opposer’s expertise in innovative oral dose technology platforms which consist of Opposer’s
`
`Goods branded with Opposer’s Marks.
`
`9.
`
`As a result of Opposer’s exclusive use and promotion of Opposer’s Marks,
`
`Opposer’s Marks have acquired enormous value and have become known to the consuming
`
`public and pharmaceutical industry as identifying and distinguishing Opposer’s Goods
`
`emanating exclusively from Opposer.
`
`10.
`
`Upon information and belief, Applicant, George Wissa, is an individual and a
`
`citizen of the United States with an address of 31238 Palos Verdes Drive West, Rancho Palos
`
`Verdes, California 90275.
`
`11.
`
`Notwithstanding Opposer’s prior use of Opposer’s Marks, on October 21, 2021,
`
`Applicant filed Application Serial No. 97/086,516 with the PTO to register the designation
`
`MICROTABS for “veterinary pharmaceutical preparations for dogs, cats and other domestic
`
`animals, namely, a drug delivery system comprising small flavored tablets for therapeutic release
`
`of a variety of pharmaceutical and therapeutic agents used for hypertension, seizures/epilepsy,
`
`megacolon, hepatic lipidosis, atopic dermatitis, cardiovascular disease, and inflammatory bowel
`
`disease,” in International Class 5 (“Applicant’s Goods”), on an intent-to-use basis pursuant to
`
`Section 1(b) of the Lanham Act, 15 U.S.C. § 1051(b).
`
`12.
`
`Upon information and belief, Applicant has not commenced use of the applied-for
`
`mark MICROTABS on any goods in International Class 5 in the United States.
`
`13.
`
`On September 6, 2022, the ‘516 Application was published for opposition in the
`
`Official Gazette.
`
`
`
`4
`
`

`

`14.
`
`On October 5, 2022, Opposer filed a timely 30-day request to extend the period
`
`within which to potentially oppose a registration based on the ‘516 Application. The PTO
`
`granted that request, extending the time for filing a notice of opposition through November 4,
`
`2022. On November 4, 2022, Opposer filed a timely 60-day request to extend the period within
`
`which to potentially oppose a registration based on the ‘516 Application. The PTO granted that
`
`request, extending the time for filing a notice of opposition through Wednesday, January 4, 2023.
`
`15.
`
`Upon information and belief, Applicant filed Application Serial No. 88/737,550
`
`(“the ‘550 Application”) on December 23, 2019, with the PTO, to register the designation
`
`MICROTABS based on an intent to use the mark in connection with “veterinary pharmaceutical
`
`preparations for dogs, cats and other domestic animals, namely, a drug delivery system
`
`comprising small flavored tablets for therapeutic release of a variety of pharmaceutical and
`
`therapeutic agents use for hypertension, seizures/epilepsy, megacolon, hepatic lipidosis, atopic
`
`dermatitis, cardiovascular disease, and inflammatory bowel disorder,” in International Class 5.
`
`The PTO refused registration of the ‘550 Application finding the mark MICROTABS to be
`
`merely descriptive of the applied-for goods, the same goods as the goods identified by the ‘516
`
`Application. The ‘550 Applicant went abandoned on April 14, 2021.
`
`
`
`
`
`LIKELIHOOD OF CONFUSION PRECLUDES REGISTRATION
`
`16.
`
`Opposer repeats and re-alleges each and every allegation contained in Paragraphs
`
`1 through 15 as if fully set forth herein.
`
`17.
`
` There is a likelihood of consumer confusion between Opposer’s Marks used
`
`on or in connection with Opposer’s Goods, and the mark in the ‘516 Application to be used in
`
`connection with Applicant’s Goods.
`
`
`
`5
`
`

`

`18.
`
` The mark in the ‘516 Application, MICROTABS, is confusingly similar to
`
`Opposer’s Marks in sight, sound, connotation, and commercial impression.
`
`19.
`
` Applicant’s Goods in International Class 5 are identical to, similar to, related
`
`to, and/or competitive with Opposer’s Goods, offered by Opposer under Opposer’s Marks.
`
`20.
`
` Opposer’s Goods bearing the Opposer’s Marks have been extensively and
`
`continuously offered to the public through various channels of trade. Applicant’s Goods in
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`International Class 5 may or will be offered to the same class of consumers and end users to
`
`whom Opposer offers Opposer’s Goods under Opposer’s Marks and the respective goods will
`
`travel in the same channels of trade. Specifically, the mark in the ‘516 Application,
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`MICROTABS, used in connection with veterinary pharmaceutical preparations could be used by
`
`or provided to Opposer’s pharmaceutical industry customers or to the ultimate pharmaceutical or
`
`over-the-counter medicine end user, thus causing confusion as to source of Applicant’s Goods.
`
`21.
`
` The mark MICROTABS, that is the subject of the ‘516 Application, so closely
`
`resembles Opposer’s Marks, and the respective goods are so similar, as to likely cause confusion,
`
`mistake, or deception of the relevant consumers, all to Opposer’s damage. Customers and
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`potential customers, and end users, particularly in the pharmaceutical industry and drug delivery
`
`formulation marketplace, and pharmacists or other drug dispenser personnel, are likely to believe
`
`that Applicant’s Goods offered under the mark MICROTABS emanate from, are associated with,
`
`or are licensed or approved by Opposer. Such confusion could tarnish Opposer’s reputation
`
`amongst consumers.
`
`22.
`
`Opposer’s Goods and Applicant’s Goods are used in the medical field and a lesser
`
`degree of proof of confusing similarity as to source or products bearing Opposer’s Marks or the
`
`mark MICROTABS is required, as confusion between Opposer’s Marks and the mark
`
`
`
`6
`
`

`

`MICROTABS used on or in connection with Opposer’s Goods and Applicant’s Goods could
`
`produce physically harmful results to customers and end users in the pharmaceutical
`
`marketplace.
`
`23.
`
`Opposer commenced use of Opposer’s Marks since at least December 1983. On
`
`information and belief, as also supported by Applicant’s pending intent-to-use ‘516 Application,
`
`Applicant has not yet begun to use the mark MICROTABS. Accordingly, Opposer’s use of its
`
`marks predates Applicant’s priority date, namely, the October 21, 2021 filing date of the ‘516
`
`application. As the senior user of its mark, Opposer is entitled to have any doubt concerning
`
`likelihood of confusion construed in its favor.
`
`24.
`
`For the above reasons, registration of the ‘516 Application is likely to cause
`
`confusion, mistake, or deception as to the source of Applicant’s Goods in violation of Section
`
`2(d) of the Lanham Act, 15 U.S.C. § 1052(d).
`
`
`
`WHEREFORE, Opposer believes that it will be damaged by the registration of the ‘516
`
`Application. Accordingly, Opposer respectfully requests that the Notice of Opposition be
`
`sustained, and that registration to Applicant be refused.
`
`Respectfully submitted,
`
`Dated: January 4, 2023
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`__________________________________
`
`Allison Z. Gifford
`Elizabeth M. O’Donoghue
`Stradley Ronon Stevens & Young, LLP
`30 Valley Stream Parkway
`Malvern, Pennsylvania
`610-640-5800
`agifford@stradley.com
`eodonoghue@stradley.com
`Attorneys for Opposer Adare Pharmaceuticals
`S.R.L.
`
`Attachment: Exhibit A
`
`
`
`7
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`

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`EXHIBIT A
`EXHIBIT A
`
`

`

`
`von
`
`Int. Cl: 1
`
`Prior U.S, Cl.: 6
`
`Reg. No.1,853,971
`United States Patent and Trademark Office RegisteredSep. 13, 1994
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`EURAND MINITABS
`
`MICROENCAPSULATION
`EURAND
`(SWITZERLAND CORPORATION)
`VIA AI MULINI
`CH 6855 STABIO, TESSIN, SWITZERLAND
`
`S.A.
`
`’
`
`FOR: PHARMACEUTICAL CARRIER PREPA-
`RATION WITH SUSTAINED RELEASE PROP-
`ERTIES USED IN THE MANUFACTURE OF
`PHARMACEUTICALS, IN CLASS 1 (U.S. CL. 6).
`
`2-5-1993;
`
`FIRST USE
`2-5-1993.
`OWNER OF SWITZERLAND REG. NO.
`375377, DATED 1-6-1990, EXPIRES 1-6-2010.
`-
`OWNEROFU.S. REG. NO. 924,111.
`
`IN COMMERCE
`
`SN 74-101,733, FILED 10-1-1990.
`
`JOHN MICHOS, EXAMINING ATTORNEY
`
`

`

`From:
`Sent:
`To:
`Cc:
`Subject:
`
`TMOfficialNotices@USPTO.GOV
`Tuesday, August 26, 2014 11:00 PM
`rsullivan@dennemeyer-law.com
`docket@dennemeyer-law.com
`Official USPTO Notice of Acceptance and Renewal Sections 8 and 9: U.S. Trademark RN 1853971: EURAND MINITABS: Docket/Reference No.
`30120-10902T
`
`Serial Number:   74101733
`Registration Number:   1853971
`Registration Date:   Sep 13, 1994
`Mark:   EURAND MINITABS
`Owner:   APTALIS PHARMA S.R.L.
` 
` 
`
`  Aug 26, 2014
`
`NOTICE OF ACCEPTANCE UNDER SECTION 8
`
`The declaration of use or excusable nonuse filed for the above-identified registration meets the requirements of Section 8 of the Trademark Act, 15 U.S.C. §1058.  The Section
`8 declaration is accepted.
` 
`
`NOTICE OF REGISTRATION RENEWAL UNDER SECTION 9
`
`The renewal application filed for the above-identified registration meets the requirements of Section 9 of the Trademark Act, 15 U.S.C. §1059.  The registration is renewed.
` 
`The registration will remain in force for the class(es) listed below for the remainder of the ten-year period, calculated from the registration date, unless canceled by
`an order of the Commissioner for Trademarks or a Federal Court.
` 
`Class(es):
`001
` 
` 
`
`TRADEMARK SPECIALIST
`POST-REGISTRATION DIVISION
`571-272-9500
` 
`
`REQUIREMENTS FOR MAINTAINING REGISTRATION IN SUCCESSIVE TEN-YEAR PERIODS
`
` 
`WARNING: Your registration will be canceled if you do not file the documents below during the specified time periods.
` 
`What and When to File: You must file a declaration of use (or excusable nonuse) and an application for renewal between every 9th and 10th-year period, calculated from the
`registration date.  See 15 U.S.C. §§1058, 1059.
` 
`Grace Period Filings
` 
`The above documents will be considered as timely if filed within six months after the deadlines listed above with the payment of an additional fee.
` 
`***The USPTO WILL NOT SEND ANY FURTHER NOTICE OR REMINDER OF THESE REQUIREMENTS.  THE REGISTRANT SHOULD CONTACT THE USPTO ONE
`YEAR BEFORE THE EXPIRATION OF THE TIME PERIODS SHOWN ABOVE TO DETERMINE APPROPRIATE REQUIREMENTS AND FEES.***
` 
`To view this notice and other documents for this application on-line, go to http://tdr.uspto.gov/search.action?sn=74101733.  NOTE: This notice will only be available on-line the
`next business day after receipt of this e-mail.
`
`

`

`1/4/23, 10:49 AM
`USPTO Assignments on the Web
`United States Patent and Trademark Office
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`
`Assignments on the Web > Trademark Query
`Trademark Assignment Abstract of Title
`
`Total Assignments: 3
`Filing Dt: 10/01/1990
`Serial #: 74101733
`Registrant: EURAND MICROENCAPSULATION S.A.
`Mark: EURAND MINITABS
`Assignment: 1
` Recorded: 10/29/2004
`Reel/Frame: 2965/0418
`Conveyance: ASSIGNS THE ENTIRE INTEREST
`Assignor: EURAND MICROENCAPSULATION S.A.
`
`Assignee: EURAND S.P.A.
`13, VAT NO. 12710350153
`PESSANO CON BORNAGO (MI), VIA MARTIN LUTHER KING
`MILAN, ITALY
`Correspondent: THOMPSON HINE LLP
`MARK P. LEVY
`2000 COURTHOUSE PLAZA NE
`10 WEST SECOND STREET
`DAYTON, OHIO 45402
`Assignment: 2
`Reel/Frame: 4701/0392
`Conveyance: CONVERSION
`Assignor: EURAND S.P.A.
`
` Recorded: 01/20/2012
`
`Assignee: APTALIS PHARMA S.R.L.
`PESSANO CON BORNAGO (MI) VIA MARTIN LUTHER KING, 13
`MILAN, ITALY 20060
`Correspondent: DANA S. GROSS
`1111 PENNSYLVANIA AVENUE, NW
`ATTENTION: TMSU
`WASHINGTON, DC 20004
`Assignment: 3
` Recorded: 11/06/2015
`Reel/Frame: 5663/0227
`Conveyance: ASSIGNS THE ENTIRE INTEREST
`Assignor: APTALIS PHARMA S.R.L.
`
`Assignee: ADARE PHARMACEUTICALS S.R.L.
`VIA MARTIN LUTHER KING, 13, PESSANO CON BORNAGO
`MILAN, ITALY
`Correspondent: CATHY HOWELL, SENIOR PARALEGAL
`1299 PENNSYLVANIA AVE., N.W.
`WASHINGTON, DC 20004
`
`Reg #: 1853971
`
`Reg. Dt: 09/13/1994
`
`Pages: 12
`
`Exec Dt: 12/18/2003
`Entity Type: CORPORATION
`Citizenship: SWITZERLAND
`Entity Type: CORPORATION
`Citizenship: ITALY
`
`Pages: 9
`
`Exec Dt: 07/14/2011
`Entity Type: CORPORATION
`Citizenship: ITALY
`Entity Type: LIMITED LIABILITY COMPANY
`Citizenship: ITALY
`
`Pages: 28
`
`Exec Dt: 03/17/2015
`Entity Type: LIMITED LIABILITY COMPANY
`Citizenship: ITALY
`Entity Type: LIMITED LIABILITY COMPANY
`Citizenship: ITALY
`
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`
`

`

`Int. CL: 5
`
`Prior U.S. Cls.: 6, 18, 44, 46, 51 and 52
`
`United States Patent and Trademark Office
`
`Reg. No. 2,587,934
`Registered July 2, 2002
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`MICROCAPS
`
`EURAND MICROENCAPSULATION S.A. (SWIT-
`ZERLAND CORPORATION)
`C/O INTERFIDA
`VIA MOTTA,10
`CH-6830 CHIASSO, SWITZERLAND
`
`FOR: DECONGESTANTS, STIMULANT CAP-
`SULES AND CAPLETS, ANTI-INFLAMMATORY
`PREPARATIONS, PHARMACEUTICAL PREPARA-
`TIONS FOR THE TREATMENT OF CARDIOVAS-
`CULAR DISORDERS,IN CLASS 5 (U.S. CLS.6, 18, 44,
`46, 51 AND 52).
`
`FIRST USE 7-21-1992; IN COMMERCE 7-21-1992.
`
`OWNER OF U.S. REG. NOS. 1,880,251 AND
`1,901,350.
`
`SEC, X(F).
`
`SER. NO. 76-212,897, FILED 2-16-2001.
`
`ELIZABETH PIGNATELLO, EXAMINING ATTOR-
`NEY
`
`

`

`From:
`Sent:
`To:
`Cc:
`Subject:
`
`TMOfficialNotices@USPTO.GOV
`Saturday, December 31, 2022 11:17 PM
`vfriedman@dennemeyer-law.com
`filing.us@dennemeyer-law.com ;  docket@dennemeyer-law.com ;  emeyers@dennemeyer-law.com
`Official USPTO Notice of Acceptance and Renewal Sections 8 and 9: U.S. Trademark RN 2587934: MICROCAPS: Docket/Reference No.
`10168638TR
`
`U.S. Serial Number:   76212897
`U.S. Registration Number:   2587934
`U.S. Registration Date:   Jul 2, 2002
`Mark:   MICROCAPS
`Owner:   ADARE PHARMACEUTICALS S.R.L.
` 
` 
`
`  Dec 31, 2022
`
`NOTICE OF ACCEPTANCE UNDER SECTION 8
`
`The declaration of use or excusable nonuse filed for the above-identified registration meets the requirements of Section 8 of the Trademark Act, 15 U.S.C. §1058.  The Section
`8 declaration is accepted.
` 
`
`NOTICE OF REGISTRATION RENEWAL UNDER SECTION 9
`
`The renewal application filed for the above-identified registration meets the requirements of Section 9 of the Trademark Act, 15 U.S.C. §1059.  The registration is renewed.
` 
`The registration will remain in force for the class(es) listed below, unless canceled by an order of the Commissioner for Trademarks or a Federal Court, as long as
`the requirements for maintaining the registration are fulfilled as they become due.
` 
`Class(es):
`005
` 
` 
`
`TRADEMARK SPECIALIST
`POST-REGISTRATION DIVISION
`571-272-9500
` 
`
`REQUIREMENTS FOR MAINTAINING REGISTRATION IN SUCCESSIVE TEN-YEAR PERIODS
`
` 
`WARNING: Your registration will be canceled if you do not file the documents below during the specified statutory time periods.
` 
`What and When to File: You must file a declaration of use (or excusable nonuse) and an application for renewal between every 9th and 10th-year period, calculated from the
`registration date.  See 15 U.S.C. §§1058, 1059.
` 
`Grace Period Filings
` 
`The above documents will be considered as timely if filed within six months after the deadlines listed above with the payment of an additional fee.
` 
`***THE USPTO IS NOT REQUIRED TO SEND ANY FURTHER NOTICE OR REMINDER OF THESE REQUIREMENTS.  THE OWNER SHOULD CONTACT THE USPTO
`ONE YEAR BEFORE THE EXPIRATION OF THE TIME PERIODS SHOWN ABOVE TO DETERMINE APPROPRIATE REQUIREMENTS AND FEES.***
` 
`To check the status of this registration, go to
`https://tsdr.uspto.gov/#caseNumber=76212897&caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=statusSearch  or contact the Trademark
`Assistance Center at 1-800-786-9199.
` 
`To view this notice and other documents for this registration on-line, go to
`https://tsdr.uspto.gov/#caseNumber=76212897&caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=documentSearch  NOTE: This notice will only be
`available on-line the next business day after receipt of this e-mail.
` 
`   *
`
`For further information, including information on filing and maintenance requirements for U.S. trademark applications and registrations and required fees,
`please consult the USPTO website at https://www.uspto.gov/trademark/ or contact the Trademark Assistance Center at 1-800-786-9199.
`
`

`

`1/4/23, 11:02 AM
`USPTO Assignments on the Web
`United States Patent and Trademark Office
`Home|Site Index|Search|Guides|Contacts|eBusiness|eBiz alerts|News|Help
`
`Assignments on the Web > Trademark Query
`Trademark Assignment Abstract of Title
`
`Filing Dt: 02/16/2001
`
`Total Assignments: 3
`Serial #: 76212897
`Registrant: Eurand Microencapsulation S.A.
`Mark: MICROCAPS
`Assignment: 1
` Recorded: 10/29/2004
`Reel/Frame: 2965/0418
`Conveyance: ASSIGNS THE ENTIRE INTEREST
`Assignor: EURAND MICROENCAPSULATION S.A.
`
`Assignee: EURAND S.P.A.
`13, VAT NO. 12710350153
`PESSANO CON BORNAGO (MI), VIA MARTIN LUTHER KING
`MILAN, ITALY
`Correspondent: THOMPSON HINE LLP
`MARK P. LEVY
`2000 COURTHOUSE PLAZA NE
`10 WEST SECOND STREET
`DAYTON, OHIO 45402
`Assignment: 2
`Reel/Frame: 4701/0392
`Conveyance: CONVERSION
`Assignor: EURAND S.P.A.
`
` Recorded: 01/20/2012
`
`Assignee: APTALIS PHARMA S.R.L.
`PESSANO CON BORNAGO (MI) VIA MARTIN LUTHER KING, 13
`MILAN, ITALY 20060
`Correspondent: DANA S. GROSS
`1111 PENNSYLVANIA AVENUE, NW
`ATTENTION: TMSU
`WASHINGTON, DC 20004
`Assignment: 3
` Recorded: 11/06/2015
`Reel/Frame: 5663/0227
`Conveyance: ASSIGNS THE ENTIRE INTEREST
`Assignor: APTALIS PHARMA S.R.L.
`
`Assignee: ADARE PHARMACEUTICALS S.R.L.
`VIA MARTIN LUTHER KING, 13, PESSANO CON BORNAGO
`MILAN, ITALY
`Correspondent: CATHY HOWELL, SENIOR PARALEGAL
`1299 PENNSYLVANIA AVE., N.W.
`WASHINGTON, DC 20004
`
`Reg #: 2587934
`
`Reg. Dt: 07/02/2002
`
`Pages: 12
`
`Exec Dt: 12/18/2003
`Entity Type: CORPORATION
`Citizenship: SWITZERLAND
`Entity Type: CORPORATION
`Citizenship: ITALY
`
`Pages: 9
`
`Exec Dt: 07/14/2011
`Entity Type: CORPORATION
`Citizenship: ITALY
`Entity Type: LIMITED LIABILITY COMPANY
`Citizenship: ITALY
`
`Pages: 28
`
`Exec Dt: 03/17/2015
`Entity Type: LIMITED LIABILITY COMPANY
`Citizenship: ITALY
`Entity Type: LIMITED LIABILITY COMPANY
`Citizenship: ITALY
`
`Search Results as of: 01/04/2023 11:02 AM
`If you have any comments or questions concerning the data displayed, contact PRD / Assignments at 571-272-3350. v.2.6
`Web interface last modified: August 25, 2017 v.2.6
`
`| .HOME | INDEX| SEARCH | eBUSINESS | CONTACT US | PRIVACY STATEMENT
`
`https://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&frame=&sno=76212897
`
`1/2
`
`

`

`Int. Cl: 5
`
`.
`Prior U.S, Ch: 18
`_
`Reg. No. 1,901,350
`:
`United States Patent and Trademark Office Registered Jume 20, 1995
`
`TRADEMARK
`SUPPLEMENTAL REGISTER
`
`MICROCAPS
`
`MICROENCAPSULATION
`EURAND
`(SWITZERLAND CORPORATION)
`VIA AI MULINI
`6855 STABIO TESSIN, SWITZERLAND
`
`S.A.
`
`FIRST USE
`12-0-1983.
`
`12-0-1983;
`
`IN COMMERCE
`.
`
`SER. NO. 74-272,730, FELED P.R. 5-5-1992; AM.
`S.R. 10-18-1993,
`
`FOR: ORAL ANALGESICS AND POTASSIUM
`SUPPLEMENTS, IN CLASS 5 (U.S. CL. 18).
`
`:
`LAURA SMITH, EXAMINING ATTORNEY
`
`

`

`From:
`Sent:
`To:
`Cc:
`Subject:
`
`TMOfficialNotices@USPTO.GOV
`Thursday, June 11, 2015 11:00 PM
`rsullivan@dennemeyer-law.com
`filing.us@dennemeyer-law.com
`Official USPTO Notice of Acceptance and Renewal Sections 8 and 9: U.S. Trademark RN 1901350: MICROCAPS: Docket/Reference No.
`30120-11279T
`
`Serial Number:   74272730
`Registration Number:   1901350
`Registration Date:   Jun 20, 1995
`Mark:   MICROCAPS
`Owner:   APTALIS PHARMA S.R.L.
` 
` 
`
`  Jun 11, 2015
`
`NOTICE OF ACCEPTANCE UNDER SECTION 8
`
`The declaration of use or excusable nonuse filed for the above-identified registration meets the requirements of Section 8 of the Trademark Act, 15 U.S.C. §1058.  The Section
`8 declaration is accepted.
` 
`
`NOTICE OF REGISTRATION RENEWAL UNDER SECTION 9
`
`The renewal application filed for the above-identified registration meets the requirements of Section 9 of the Trademark Act, 15 U.S.C. §1059.  The registration is renewed.
` 
`The registration will remain in force for the class(es) listed below for the remainder of the ten-year period, calculated from the registration date, unless canceled by
`an order of the Commissioner for Trademarks or a Federal Court.
` 
`Class(es):
`005
` 
` 
`
`TRADEMARK SPECIALIST
`POST-REGISTRATION DIVISION
`571-272-9500
` 
`
`REQUIREMENTS FOR MAINTAINING REGISTRATION IN SUCCESSIVE TEN-YEAR PERIODS
`
` 
`WARNING: Your registration will be canceled if you do not file the documents below during the specified time periods.
` 
`What and When to File: You must file a declaration of use (or excusable nonuse) and an application for renewal between every 9th and 10th-year period, calculated from the
`registration date.  See 15 U.S.C. §§1058, 1059.
` 
`Grace Period Filings
` 
`The above documents will be considered as timely if filed within six months after the deadlines listed above with the payment of an additional fee.
` 
`***The USPTO WILL NOT SEND ANY FURTHER NOTICE OR REMINDER OF THESE REQUIREMENTS.  THE REGISTRANT SHOULD CONTACT THE USPTO ONE
`YEAR BEFORE THE EXPIRATION OF THE TIME PERIODS SHOWN ABOVE TO DETERMINE APPROPRIATE REQUIREMENTS AND FEES.***
` 
`To view this notice and other documents for this application on-line, go to http://tdr.uspto.gov/search.action?sn=74272730.  NOTE: This notice will only be available on-line the
`next business day after receipt of this e-mail.
`
`

`

`1/4/23, 11:05 AM
`USPTO Assignments on the Web
`United States Patent and Trademark Office
`Home|Site Index|Search|Guides|Contacts|eBusiness|eBiz alerts|News|Help
`
`Assignments on the Web > Trademark Query
`Trademark Assignment Abstract of Title
`
`Filing Dt: 05/05/1992
`
`Total Assignments: 3
`Serial #: 74272730
`Registrant: Eurand Microencapsulation S.A.
`Mark: MICROCAPS
`Assignment: 1
` Recorded: 10/29/2004
`Reel/Frame: 2965/0418
`Conveyance: ASSIGNS THE ENTIRE INTEREST
`Assignor: EURAND MICROENCAPSULATION S.A.
`
`Assignee: EURAND S.P.A.
`13, VAT NO. 12710350153
`PESSANO CON BORNAGO (MI), VIA MARTIN LUTHER KING
`MILAN, ITALY
`Correspondent: THOMPSON HINE LLP
`MARK P. LEVY
`2000 COURTHOUSE PLAZA NE
`10 WEST SECOND STREET
`DAYTON, OHIO 45402
`Assignment: 2
`Reel/Frame: 4701/0392
`Conveyance: CONVERSION
`Assignor: EURAND S.P.A.
`
` Recorded: 01/20/2012
`
`Assignee: APTALIS PHARMA S.R.L.
`PESSANO CON BORNAGO (MI) VIA MARTIN LUTHER KING, 13
`MILAN, ITALY 20060
`Correspondent: DANA S. GROSS
`1111 PENNSYLVANIA AVENUE, NW
`ATTENTION: TMSU
`WASHINGTON, DC 20004
`Assignment: 3
` Recorded: 11/06/2015
`Reel/Frame: 5663/0227
`Conveyance: ASSIGNS THE ENTIRE INTEREST
`Assignor: APTALIS PHARMA S.R.L.
`
`Assignee: ADARE PHARMACEUTICALS S.R.L.
`VIA MARTIN LUTHER KING, 13, PESSANO CON BORNAGO
`MILAN, ITALY
`Correspondent: CATHY HOWELL, SENIOR PARALEGAL
`1299 PENNSYLVANIA AVE., N.W.
`WASHINGTON, DC 20004
`
`Reg #: 1901350
`
`Reg. Dt: 06/20/1995
`
`Pages: 12
`
`Exec Dt: 12/18/2003
`Entity Type: CORPORATION
`Citizenship: SWITZERLAND
`Entity Type: CORPORATION
`Citizenship: ITALY
`
`Pages: 9
`
`Exec Dt: 07/14/2011
`Entity Type: CORPORATION
`Citizenship: ITALY
`Entity Type: LIMITED LIABILITY COMPANY
`Citizenship: ITALY
`
`Pages: 28
`
`Exec Dt: 03/17/2015
`Entity Type: LIMITED LIABILITY COMPANY
`Citizenship: ITALY
`Entity Type: LIMITED LIABILITY COMPANY
`Citizenship: ITALY
`
`Search Results as of: 01/04/2023 11:05 AM
`If you have any comments or questions concerning the data displayed, contact PRD / Assignments at 571-272-3350. v.2.6
`Web interface last modified: August 25, 2017 v.2.6
`
`| .HOME | INDEX| SEARCH | eBUSINESS | CONTACT US | PRIVACY STATEMENT
`
`https://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&frame=&sno=74272730
`
`1/2
`
`