ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1312761
`09/28/2023
`
`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
`
`Granted to date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`Novartis AG
`
`10/01/2023
`
`CH-4002
`BASEL, 4002
`SWITZERLAND
`
`MAURY M. TEPPER, III
`TEPPER & EYSTER, PLLC
`3724 BENSON DR
`RALEIGH, NC 27609
`UNITED STATES
`Primary email: mtepper@teiplaw.com
`Secondary email(s): athompson@teiplaw.com
`9198618903
`
`Docket no.
`
`Applicant information
`
`Application no.
`
`97353493
`
`Opposition filing
`date
`
`Applicant
`
`09/28/2023
`
`Publication date
`
`04/04/2023
`
`Opposition period
`ends
`
`10/01/2023
`
`Amgen Inc.
`TRADEMARK OPERATIONS - MS-28-5A
`ONE AMGEN CENTER DRIVE
`THOUSAND OAKS, CA 913201799
`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: pharmaceutical preparations and sub-
`stances for use in the treatment of hematological, immune, autoimmune, inflammatory and respirat-
`ory diseases and disorders; pharmaceutical preparations and substances for the treatment of cancer
`and cardiovascular diseases and disorders; pharmaceutical preparations and substances used for
`the treatment of blood cells and blood vessel diseases and disorders; pharmaceutical preparations
`and substances for the treatment of oncological, and ophthalmic diseases and disorders; pharma-
`ceutical preparations and substances for the treatment of inflammatory disorders of the central
`nervous system; pharmaceutical preparations and substances used for the treatment of hemolytic an-
`emia, thrombocytopenia and kidney failure
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`

`

`Mark cited by opposer as basis for opposition
`
`U.S. registration
`no.
`
`6982665
`
`Register
`
`Principal
`
`Registration date
`
`02/21/2023
`
`Application date
`
`07/14/2022
`
`Foreign priority
`date
`
`01/26/2022
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`PAVCUE
`
`NONE
`
`Class 005. First use: First Use: None First Use In Commerce: None
`Anti-infectives; anti-inflammatories; antibacterial pharmaceuticals; antibiotics;
`antifungal preparations; antivirals; cardiovascular pharmaceuticals; dermatolo-
`gical pharmaceutical preparations; inhaled pharmaceutical preparations for the
`prevention and treatment of respiratory diseases and disorders; pharmaceutical
`preparations acting on the central nervous system; pharmaceutical preparations
`and substances for the prevention and treatment of gastro-intestinal diseases;
`pharmaceutical preparations for the prevention and treatment of diseases and
`disorders of the autoimmune system, the metabolic system, the endocrine sys-
`tem, the musculo-skeletal system and the genitourinary system; pharmaceutical
`preparations for use in hematology and in tissue and organ transplantation;
`pharmaceutical preparations for the prevention and treatment of eye diseases
`and conditions; pharmaceutical preparations for the prevention and treatment of
`heart rhythm disorders; pharmaceutical preparations for the prevention and
`treatment of immune system related diseases and disorders; pharmaceutical
`preparations for the prevention and treatment of kidney diseases; pharmaceutic-
`al preparations for the prevention and treatment of diabetes; pharmaceutical
`preparations for the prevention and treatment of hypertension; pharmaceutical
`preparations for the prevention and treatment of skin disorders; pharmaceutical
`preparations for use in dermatology; pharmaceutical preparations for use in uro-
`logy; pharmaceutical preparations for use in ophthalmology; pharmaceutical pre-
`parations for the prevention and treatment of cancer and tumors; pharmaceutical
`preparations for the prevention and treatment of allergies; pharmaceutical pre-
`parations for the prevention and treatment of bone diseases; pharmaceutical
`preparations for the prevention and treatment of respiratory diseases and
`asthma
`
`Attachments
`
`Novartis Notice of Opposition to PAVBLU.pdf(82508 bytes )
`
`Signature
`
`/Maury M. Tepper, III/
`
`Name
`
`Date
`
`MAURY M. TEPPER, III
`
`09/28/2023
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the matter of:
`
`Trademark Application Serial No. 97/353,493
`For the Mark PAVBLU
`Filed April 8, 2022
`
`
`Novartis AG,
`
`
`
`
`Opposer,
`
`
`
`v.
`
`
`
`
`
`Amgen Inc.
`
`
`
`
`
`Applicant.
`
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`Opposition No.
`
`NOTICE OF OPPOSITION
`
`
`Opposer Novartis AG, CH 4002, Basel, Switzerland, believes that it will be
`
`
`
`damaged by registration of the mark shown in Serial No. 97/353,493, and hereby opposes
`
`the same.
`
`
`
`The grounds for opposition are as follows:
`
`1.
`
`Applicant filed Application Serial No. 97/353,493 on or about April 8, 2022, to
`
`register the mark PAVBLU in connection with “pharmaceutical preparations and
`
`substances for use in the treatment of hematological, immune, autoimmune, inflammatory
`
`and respiratory diseases and disorders; pharmaceutical preparations and substances for the
`
`treatment of cancer and cardiovascular diseases and disorders; pharmaceutical preparations
`
`and substances used for the treatment of blood cells and blood vessel diseases and
`
`disorders; pharmaceutical preparations and substances for the treatment of oncological, and
`
`ophthalmic diseases and disorders; pharmaceutical preparations and substances for the
`
`

`

`Notice of Opposition
`Serial No. 97/353,493
`September 28, 2023
`
`
`
`treatment of inflammatory disorders of the central nervous system; pharmaceutical
`
`preparations and substances used for the treatment of hemolytic anemia, thrombocytopenia
`
`and kidney failure” in Class 5 ("Applicant's Mark").
`
`2.
`
`3.
`
`Opposer will be damaged by the registration of Applicant's Mark.
`
`Opposer is the owner of United States Trademark Registration No. 6,982,665, filed
`
`July 14, 2022 and registered February 21, 2023 with a priority date of January 26, 2022,
`
`for the mark PAVCUE in connection with “Anti-infectives; anti-inflammatories;
`
`antibacterial
`
`pharmaceuticals;
`
`antibiotics;
`
`antifungal
`
`preparations;
`
`antivirals;
`
`cardiovascular pharmaceuticals; dermatological pharmaceutical preparations; inhaled
`
`pharmaceutical preparations for the prevention and treatment of respiratory diseases and
`
`disorders; pharmaceutical preparations acting on
`
`the central nervous system;
`
`pharmaceutical preparations and substances for the prevention and treatment of gastro-
`
`intestinal diseases; pharmaceutical preparations for the prevention and treatment of
`
`diseases and disorders of the autoimmune system, the metabolic system, the endocrine
`
`system, the musculo-skeletal system and the genitourinary system; pharmaceutical
`
`preparations for use in hematology and in tissue and organ transplantation; pharmaceutical
`
`preparations for the prevention and treatment of eye diseases and conditions;
`
`pharmaceutical preparations for the prevention and treatment of heart rhythm disorders;
`
`pharmaceutical preparations for the prevention and treatment of immune system related
`
`diseases and disorders; pharmaceutical preparations for the prevention and treatment of
`
`kidney diseases; pharmaceutical preparations for the prevention and treatment of diabetes;
`
`pharmaceutical preparations for
`
`the prevention and
`
`treatment of hypertension;
`
`pharmaceutical preparations for the prevention and treatment of skin disorders;
`
`
`
`2
`
`

`

`Notice of Opposition
`Serial No. 97/353,493
`September 28, 2023
`
`
`
`pharmaceutical preparations for use in dermatology; pharmaceutical preparations for use
`
`in urology; pharmaceutical preparations for use in ophthalmology; pharmaceutical
`
`preparations for the prevention and treatment of cancer and tumors; pharmaceutical
`
`preparations for the prevention and treatment of allergies; pharmaceutical preparations for
`
`the prevention and treatment of bone diseases; pharmaceutical preparations for the
`
`prevention and treatment of respiratory diseases and asthma;” in Class 5 (“Opposer’s
`
`Mark”).
`
`4.
`
`The priority date for Opposer’s Mark is prior to any priority date that Applicant can
`
`claim relating to Applicant’s Mark.
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`5.
`
`Applicant’s Mark so resembles Opposer’s Mark as to be likely to cause confusion
`
`or to cause mistake or to deceive.
`
`
`
`WHEREFORE, Opposer prays that Application Serial No. 97/353,493 be rejected,
`
`that no registration be issued, and that this Opposition be sustained in favor of Opposer.
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`This the 28th day of September, 2023.
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`Respectfully submitted,
`
`__/Maury M. Tepper, III/_______
`Maury M. Tepper, III
`Kathryn M. Eyster
`Tepper & Eyster, PLLC
`(919) 861-8903 telephone
`(919) 861-8913 fax
`mtepper@teiplaw.com
`Attorneys for Opposer
`
`
`
`3
`
`

`

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`
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`CERTIFICATE OF FILING
`
`I do hereby certify that on September 28, 2023, I filed via electronic means
`
`Notice of Opposition
`Serial No. 97/353,493
`September 28, 2023
`
`(ESTTA) this NOTICE OF OPPOSITION with the:
`
`
`
`
`
`
`
`
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`With a copy via email to:
`
`U. S. Patent and Trademark Office
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, Virginia 22313-1451
`
`
`Elsa D. Lemoine
`Amgen Inc.
`elemoine@amgen.com
`
`
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`/Amy L. Thompson/
`
`Amy L. Thompson, Paralegal
`
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`4
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`