Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number: ESTTA915286
`
`Filing date:
`
`08/13/2018
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`92068888
`
`Party
`
`Defendant
`Alta Law Group, LLC
`
`Correspondence
`Address
`
`ALTA LAW GROUP LLC
`201 N CHARLES STE 2101
`BALTIMORE, MD 21201
`UNITED STATES
`no email provided
`no phone number provided
`
`Submission
`
`Answer
`
`Filer's Name
`
`Jan I. Berlage
`
`Filer's email
`
`jberlage@ghsllp.com
`
`Signature
`
`/Jan I. Berlage/
`
`Date
`
`08/13/2018
`
`Attachments
`
`Opposition only.pdf(216421 bytes )
`Declaration only.pdf(590551 bytes )
`
`
`
`ESTTA Tracking number: ESTTA915286
`
`Filing date:
`
`08/13/2018
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`92068888
`
`Party
`
`Defendant
`Alta Law Group, LLC
`
`Correspondence
`Address
`
`ALTA LAW GROUP LLC
`201 N CHARLES STE 2101
`BALTIMORE, MD 21201
`UNITED STATES
`no email provided
`no phone number provided
`
`Submission
`
`Answer
`
`Filer's Name
`
`Jan I. Berlage
`
`Filer's email
`
`jberlage@ghsllp.com
`
`Signature
`
`/Jan I. Berlage/
`
`Date
`
`08/13/2018
`
`Attachments
`
`Opposition only.pdf(216421 bytes )
`Declaration only.pdf(590551 bytes )
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of Trademark Registration N0.: 3921191
`For the Trademark: ALTA
`
`Alta Legal, L.L.C.,
`
`Petitioner,
`
`v.
`
`Alta Law Group, LLC, a Maryland limited liability company,
`
`Registrant.
`
`Cancellation N0.: 92068888
`
`REGISTRANT ALTA LAW GROUP, LLC’S OPPOSITION TO
`PETITIONER ALTA LEGAL L.L.C’S PETITION FOR CANCELLATION
`
`Registrant Alta Law Group, LLC (“Alta Law”), a Maryland limited liability company
`
`(“LLC”), hereby files this Opposition to the Petition for Cancellation (the “Petition”) filed by
`
`Petitioner Alta Legal, L.L.C. (“Petitioner”), and states:
`
`INTRODUCTION
`
`Petitioner provides no statutory or any other legal support for its Petition. Rather, it merely
`
`asserts, “On information and belief, [Alta Law] has concluded doing business using the mark in
`
`Registration No. ‘191.” Petition 11 6 (emphasis added). Petitioner knows, or should know, this
`statement
`is false. On April 13, 2017, Petitioner’s undersigned counsel, Joseph Shapiro,
`
`telephoned Alta Law” s principal, Tanya J. Dobash, Esq., about Alta Law” S registered service mark,
`
`Serial No.
`
`85009006,
`
`Registration No.
`
`3,921,191
`
`(the
`
`“Registered Mark”).
`
`Mr. Shapiro inquired whether Alta Law still used its Registered Mark. Ms. Dobash informed
`
`‘ Mr. Shapiro that it did.
`
`In response to Mr. Shapiro’s comment regarding Alta Law’s Website,
`
`
`
`Ms. Dobash explained that Alta Law no longer maintained a publicly accessible website, since its
`
`name was well-known in the biotechnology and pharmaceutical industries. She further informed
`
`Mr. Shapiro that she was unaware Alta Law had fallen out of good standing with Maryland, which
`
`she immediately corrected on April 20, 2017. Ms. Dobash further explained that Alta Law had no
`
`interest in entering into co-existence agreement or any other agreement with Petitioner because it
`
`did not want to dilute its Registered Mark. Despite these facts, and that even a cursory search
`
`shows Alta Law remains active, Petitioner filed its Petition, claiming the opposite. Petitioner’s
`
`Petition lacks merit, was not filed in good faith, and should be denied.
`
`A. Parties
`
`FACTS
`
`1.
`
`Alta Law is a nationally recognized law firm that focuses on biotechnology and
`
`pharmaceutical law. Alta Law’s clients are primarily corporate entities in the biotechnology and
`
`pharmaceutical
`
`industries.
`
`These clients” headquarters are domiciled in numerous states,
`
`including, but not limited to, California, Colorado, New York, New Jersey, Florida, Tennessee,
`
`North Carolina, Georgia and Pennsylvania, but their distribution of their products and services
`
`tends to be national and international. See Declaration of Tanya J. Dobash, Esquire In Support of
`
`Registrant’s Opposition to Petitioner’s Petition for Cancellation (“Dobash Deal”), 11 3.
`
`2.
`
`Petitioner appears to a personal injury law firm in Utah. Id.
`
`Alta Law’s Procedural History before the USPTO
`
`3.
`
`Alta Law began using its Registered Mark in early 2010. Id. , 11 5.
`
`
`
`4.
`
`On April 8, 2010, Alta Law filed an application to register its mark with the United
`
`States Patent and Trademark Office (“USPTO”), serial number 85009006. Id. , 11 6; Ex. I (USPTO
`
`Alta Law Records).1
`
`5 .
`
`On August 31, 2010, the USPTO published the Registered Mark for opposition. Id,
`
`
`11 7; Ex. 1 (USPTO Alta Law Records).
`
`6.
`
`On February 15, 2011, the USPTO registered Alta Law’s Registered Mark. 151., 11
`
`
`8; Ex. 1 (USPTO Alta Law Records).
`
`7.
`
`On February 15, 2016, Alta Law filed its Declaration of Use and Incontestability
`
`
`under Sections 8 & 15 and paid the appropriate filing fee. Id, ‘fl 9; Ex. 2.
`
`B. Alta Law’s Active Corporate Registration in Maryland
`
`8.
`
`Alta Law is a limited liability company that was formed in Maryland on April 2,
`
`2010. Id, 11 10; M (Cert. of Good Standing).
`
`9.
`
`Unbeknownst to it, Alta Law fell out of good standing with Maryland SDAT for
`
`failing to file an annual report. On April 13, 2017, Petitioner through its counsel called Alta Law
`
`to inquire whether it was still active because, although Petitioner was aware of Alta Law’s listing
`
`on LinkedIn, Alta Law did not have a website and was not in good standing with Maryland SDAT.
`
`Alta Law explained that it no longer maintained a publicly accessible website because of its
`
`clientele and its name recognition with that clientele and that it was unaware that it was not in good
`
`standing. Id. , 11 11. On April 20, 2017, Alta Law revived it good standing with Maryland. 1d,, 1] 11,
`
`10.
`
`
`Alta Law is currently active and in good standing with Maryland. Id, 11 12; Ex. 3
`
`(Md Cert. of Good Standing).
`
`1 Exhibits referenced herein are the exhibits attached to the Dobash Decl.
`
`3
`
`
`
`C. Alta Law’s Current Use of its Registered Mark
`
`11.
`
`Alta Law is well-known by its name, which contains its Registered Mark. Alta
`
`Law uses its name/Registered Mark on correspondence with Federal and State government and
`
`
`regulatory agencies. Id., it 13; Ex. 4 (Sample correspondence). It uses its name/Registered Mark
`
`
`on its business cards, letterhead, envelopes, and other documents. Id., 1] 13, Ex. 5 (Business card);
`
`
`Ex. 6 (Letterhead); Ex. 7 (Envelope).
`
`12.
`
`Alta Law and its primary principal, Ms. Dobash, appear throughout the internet.
`
`For example, Alta Law’s and Ms. Dobash’s LinkedIn profiles Show Ms. Dobash as the active
`
`
`managing member of Alta Law. Id. , 11 14; Ex. 8 (Ms. Dobash Linkedln page). She participates in
`
`professional conferences in her capacity as the managing member of Alta Law. Id., 11 15.
`
`13.
`
`In fact, Alta Law is so well known by its namefRegistered Mark that it does not
`
`need to advertise or maintain a publicly accessible website. Id. , 11 16.
`
`D. Alta Law’s Past Enforcement of its Mark
`
`14.
`
`In 2014, Alta Law required another Utah law firm to cease and desist using the
`
`Registered Mark, which the firm agreed to do. Id, 11 17.
`
`E. Alta Law’s Previous History with Petitioner
`
`15.
`
`Petitioner knows, or should know, that Alta Law is active and currently using its
`
`name/Registered Mark. On April 13, 2017, its undersigned counsel, Mr. Shapiro, telephoned Alta
`
`Law’s principal, Ms. Dobash, about Alta Law’s Registered Mark. Id., 1] 18; M (Shapiro Email
`
`dated April 13, 2017 hereinafter “Shapiro Email”).
`
`16.
`
`Mr. Shapiro advised that he obtained Ms. Dobash’s phone number from her Alta
`
`Law listing on LinkedIn. Id, 1] 19.
`
`
`
`17.
`
`Mr. Shapiro inquired whether Alta Law still used its Registered Mark,
`
`Ms. Dobash informed Mr. Shapiro that it did. She further explained that Alta Law no longer
`
`maintained a publicly accessible website, since its name was well-known in the biotechnology and
`
`pharmaceutical industries. Id. , 1] 20.
`
`18.
`
`She further informed Mr. Shapiro that she was unaware the Alta Law had fallen out
`
`of good standing with Maryland SDAT, which she immediately corrected on April 20, 201 7. Id. ,
`
`11 2l; see also M (Cert. of Good Standing).
`
`19.
`
`Mr. Shapiro inquired whether Ms. Dobash would be agreeable to entering into an
`
`agreement to permit the Petitioner to use the Registered Mark concurrently with Alta Law.
`
`Ms. Dobash declined this request. Ms. Dobash further explained that Alta Law had no interest in
`
`entering into co-existence agreement or any other agreement with Petitioner because it did not
`
`want to dilute its Registered Mark, and advised Mr. Shapiro that Alta Law had previously taken
`
`action to prevent another law firm fiom using the Registered Mark. Ms. Dobash concluded by
`
`advising Mr. Shapiro that she would contact him if she ever changed her mind and wanted to enter
`
`into an agreement to permit Petitioner to use the Registered Mark. Mr. Shapiro sent MS. Dobash
`
`an email with his contact information and repeated that Petitioner was interested in using the
`
`Registered Mark. Since Ms. Dobash had just made her position clear to Mr. Shapiro, she believed
`
`that the matter was settled and did not reply to Mr. Shapiro. Id, 11 22; M (Shapiro Email).
`
`F. The Filing of Petitioner’s Petition
`
`20.
`
`Despite its undersigned counsel’s conversation with Alta Law a little over a year
`
`ago and that even a cursory search would reveal that Alta Law was still actively using its
`
`name/Registered Mark, on or about July 5, 2018, Petitioner filed its current Petition to Cancel Alta
`
`Law’s Registered Mark. Id. , 11 23; see also Petition. The Petition cites no statutory or other legal
`
`
`
`basis for its claim for relief and merely asserts, “0n information and belief, [Alta Law] has
`
`concluded doing business using the mark in Registration No. ‘ 191 .” Petition 1i 6 (emphasis added).
`
`It is hard to see how Petitioner makes such a claim based upon what it knows. In any event, the
`
`statement that Alta Law is no longer using its name/Registered Mark is false. Dobash Dec1., 11 24.
`
`ARGUMENT
`
`Section 44 of the Trademark Act of 1946, 15 U.S.C. § 1127, defines “Abandonment of
`
`mark.” It states, in applicable part:
`
`Abandonment of mark. A mark shall be deemed to be “abandoned” if either of
`the following occurs:
`
`1. When its use has been discontinued with intent not to resume such use. Intent
`
`not to resume may be inferred from circumstances. Nonuse for 3 consecutive
`years shall be prima facie evidence of abandonment. “Use” of a mark means
`the bona fide use of such made in the ordinary course of trade, and not made
`merely to reserve a right in a mark.2
`
`Under this or any other definition, Alta Law has not abandoned its Registered Mark.
`
`Alta Law operates under its name.
`
`Its name is the Registered Mark. Alta Law has
`
`continuously used its name and, thus, its Registered Mark, since its inception. Alta Law made this
`
`clear to Petitioner’ s counsel a year ago. Infi'a, Facts § E. Petitioner’s claim that, “upon information
`
`and belief,” Alta Law is no longer active is wrong and flies in the face of what Alta Law told him
`
`and what even a scintilla of due diligence would have shown. Put kindly, Petitioner presents no
`
`factual assertions to substantiate its View that Alta Law ceased to use its Registered Mark, nor can
`
`it, since Alta Law has always operated under its Registered Mark.
`
`There is no presumption that a Trademark has been abandoned; it must be affirmatively
`
`proven. Otto International Inc. v. Otto Kern GmbH, 83 USPQ2d 1861, 1863 (TTAB 2007)
`
`2 Subsection 2 of § 44 of the Lanham Act describes the circumstances by which a mark is abandoned because it has
`become a generic term and is inapposite to this matter.
`
`
`
`(petitioner must allege ultimate facts pertaining to the alleged abandonment). A routine search of
`
`the USPTO’s trademark database shows active use of the Registered Mark. See Dobash Decl., E_x=
`
`2. The period for automatic abandonment of a registered mark is three years. Trademark Act §
`
`45, 15 U.S.C. § 1127; ShutEmDown Sports Inc. v. Lacy, 102 USPQ2d 1036 (TTAB 2012) (more
`
`than three years of nonuse, commencing with filing date for majority of the identified goods, and
`
`no evidence rebutting prima facie showing). Petitioner communicated with Alta Law’s principal,
`
`Ms. Dobash, within that period and thus could not in good faith believe automatic abandonment
`
`had occurred.
`
`Finally, Alta Law has enforced its ownership of the Registered Mark and informed
`
`Petitioner of that fact. Zealous enforcement of a mark, while not a requirement of Trademark Act,
`
`is a strong signal the mark is active. Big Island Candies, Inc. v. Cookie Corner, 244 F. Supp. 2d
`
`1086, 1095 (D. Haw. 2003) (“failure to sue other potential
`
`infringers does not constitute
`
`abandonment”); Wallpaper Mfi's., Ltd. v. Crown Wallcovering Corp. , 680 F.2d 755, 766 (C.C.P.A.
`
`1982) (“an owner is not required to act immediately against every possibly infringing use to avoid
`
`a holding of abandonment”). In sum, Petitioner’s Petition lacks merit, should be denied, and costs
`
`should be awarded to Alta Law.
`
`[Conclusion and Signatures on Next Page]
`
`
`
`- CONCLUSION
`
`WHEREFORE, for the reasons stated herein, Registrant Alta Law hereby requests that
`
`Petitioner Alta Legal, L.L.C.’s Petition for Cancellation of Alta Law’s Registered Mark,
`
`Registration No. 3921191, be denied and Alta Law awarded its cost.
`
`Respectfully submitted,
`
`
`
`’/G hn Hankey & Berlage LLP
`201 N. Charles Street, Suite 2101
`Baltimore, Maryland 2-1201
`410-752-9300
`
`410-752-2519 (fax)
`jberlage@ghsllp.com
`
`Attorney of Record for
`Registrant Alta Law Group, LLC
`
`
`
`CERTIFICATE OF SERVICE
`
`I HEREBY CERTIFY that on August 13, 2018 a copy of Registrant Alta Law Group,
`LLC’s Opposition to the Petition for Cancellation is being electronically transmitted through the
`ESTTA system to:
`
`Trademark Trial and Appeal Board
`Alexandria, VA 22313
`
`It is fiirther certified that on August 13, 2018 a copy of Registrant Alta Law Group, LLC’s
`Opposition to the Petition for Cancellation is being served Via email and first-class mail, postage
`pre-paid to:
`
`Joseph Shapiro, Esquire
`Strong & Hanni
`102 S. 200 E, Suite 800
`Salt Lake City, Utah 84111
`
`Attorney for Petitioner
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of Trademark Registration No.: 3921191
`For the Trademark: ALTA
`
`Alta Legal, L.L.C.,
`
`Petitioner,
`
`v.
`
`Alta Law Group, LLC, a Maryland limited liability company,
`
`Registrant.
`
`Cancellation No.: 92068888
`
`DECLARATION OF TANYA J. DOBASH, ESQUIRE
`IN SUPPORT OF REGISTRANT ALTA LAW GROUP, LLC’S OPPOSITION TO
`PETITIONER ALTA LEGALI L.L.C’S PETITION FOR CANCELLATION
`
`I, TANYA J. DOBASH, state upon personal knowledge:
`
`A. Preamble
`
`l.
`
`2.
`
`I am over 18 years of age and competent to testify to the matters recited herein.
`
`I am the sole member of Alta Law Group, LLC (“Alta Law”), a Maryland Limited
`
`Liability Company, and, as such, have personal knowledge of the matters contained in this
`
`Declaration, unless otherwise indicated.
`
`B. Parties
`
`3.
`
`Alta Law is a nationally recognized law firm that focuses on biotechnology and
`
`pharmaceutical law. Alta Law’s clients are primarily corporate entities in the biotechnology and
`
`pharmaceutical
`
`industries.
`
`These clients’ headquarters are domiciled in numerous states,
`
`including, but not limited to, California, Colorado, New York, New Jersey, Florida, Tennessee,
`
`
`
`North Carolina, Georgia and Pennsylvania, but their distribution of their products and services
`
`tends to be national "and international.
`
`4.
`
`Petitioner appears to a personal injury law firm in Utah.
`
`C. Alta Law’s Procedural History Before the USPTO
`
`5.
`
`Alta Law’s name contains its registered service mark, ALTA, Serial No.
`
`85009006, Registration No. 3,921,191 (the “Registered Mark”). Alta Law began using its
`
`Registered Mark in early 2010. See USPTO Alta Law Records attached as M.
`
`6.
`
`On April 8, 2010, Alta Law filed an application to register its mark with the
`
`United States Patent and Trademark Office (“USPTO”), serial number 85009006. Id.
`
`7.
`
`On August 31, 2010, the USPTO published the Registered Mark for opposition.
`
`Id.
`
`8.
`
`9.
`
`On February 15, 2011, the USPTO registered Alta Law’s Registered Mark. Id.
`
`On February 15, 2016, Alta Law filed its Declaration of Use and Incontestability
`
`under Sections 8 & 15 and paid the appropriate filing fee. See Alta Law’s Combined Declaration
`
`of Use and Incontestability under Sections 8 & 15 from USPTO website attached as M.
`
`D. Alta Law’s Active Corporate Registration in Maryland
`
`10.
`
`Alta Law is a limited liability company.
`
`It was formed in Maryland on or about
`
`
`April 2, 2010. See Maryland Certificate of Status attached as Ex. 3
`
`11.
`
`Unbeknownst to it at the time, Alta Law fell out of good standing with Maryland
`
`SDAT for failing to file an annual report. On April 13, 2017, Petitioner through its counsel
`
`called me to inquire whether Alta Law was still active because, although he was aware of Alta
`
`Law’s listing on LinkedIn, Alta Law did not have a website and was not in good corporate
`
`standing with Maryland.
`
`I explained that Alta Law was active, that it no longer maintained a
`
`
`
`publicly accessible website because of its clientele and its name recognition with that clientele,
`
`that I was unaware that Alta Law was not in good standing, and that I would investigate the
`
`annual report issue. On April 20, 2017, Alta Law revived its good standing with Maryland
`
`SDAT.
`
`12.
`
`Alta Law is currently active and in good standing with Maryland. m
`
`E. Alta Law’s Current Use of its Registered Mark
`
`13.
`
`Alta Law is well-known by its name, which contains its Registered Mark. Alta
`
`Law uses its name/Registered Mark on filings and correspondence with Federal and State
`
`government and regulatory agencies. See Sample correspondence is attached as EX. 4. It uses its
`
`name/Registered Mark on its business cards, letterhead and client proposals and engagement
`
`
`letters, see Sample Business Card attached as Ex. 5, Sample Letterhead attached as EX. 6, and
`
`
`Sample Envelope attached as Ex. 7.
`
`14.
`
`Alta Law and I, as its principal, appear on the internet.
`
`For example, my
`
`LinkedIn profile showsme as the active managing member of Alta Law. See LinkedIn of Tanya
`
`Dobash attached as EX_-..8. (httpsz/lwww.linkedin.com/in/tanya~dobash—8a99346/).
`
`15.
`
`I participate in professional conferences and meetings with clients and potential
`
`clients in my capacity as the managing member of Alta Law.
`
`16.
`
`Alta Law previously maintained a publicly accessible website. However, Alta
`
`Law is so well known by its name/Registered Mark that it does not need to advertise or maintain
`
`a publicly accessible website.
`
`F. Alta Law’s Past Enforcement of its Mark
`
`17.
`
`In 2014, Alta Law required another Utah law firm to cease and desist using the
`
`Registered Mark, which the firm agreed to do.
`
`
`
`G. Alta Law’s Previous History with Petitioner
`
`18.
`
`On April 13, 2017, its undersigned counsel, Mr. Shapiro, telephoned me about
`
`Alta Law’s Registered Mark. See Shapiro email dated April 13, 2017 attached as $2.
`
`19.
`
`My recollection is that Mr. Shapiro advised that he obtained my phone number
`
`from my Alta Law listing on LinkedIn.
`
`20.
`
`Mr. Shapiro inquired whether Alta Law still used its Registered Mark.
`
`I informed
`
`him that it did.
`
`I further explained that Alta Law no longer maintained a publicly accessible
`
`website, since its name was well—known in the biotechnology and pharmaceutical industries.
`
`21.
`
`I further informed Mr. Shapiro that I was unaware the Alta Law had fallen out of
`
`good standing with Maryland, which I immediately corrected on April 20, 2017.
`
`22.
`
`Mr. Shapiro inquired Whether I would be agreeable to entering into an agreement
`
`to permit the Petitioner to use the Registered Mark concurrently with Alta Law.
`
`I declined this
`
`request. I further explained that Alta Law had no interest in entering into co-existence agreement
`
`or any other agreement with Petitioner because it did not want to dilute its Registered Mark and
`
`advised Mr. Shapiro that Alta Law had previously acted to prevent another law firm from using
`
`the Registered Mark.
`
`I concluded by advising Mr. Shapiro that I would contact him if I ever
`
`changed my mind and wanted to enter into an agreement to permit Petitioner to use the
`Registered Mark. Mr. Shapiro sent me an email with his contact information and repeated that
`
`Petitioner was interested in using the Registered Mark. Since I had just made my position clear
`
`
`to Mr. Shapiro, I believed that the matter was settled and did not reply to Mr. Shapiro. See Ex. 9
`
`H. The Filing of Petitioner’s Petition
`
`23.
`
`Despite its undersigned counsel’s conversation with me a little over a year ago, on
`
`or about July 5, 2018, Petitioner filed its current Petition to Cancel Alta Law’s Registered Mark.
`
`
`
`24.
`
`The statement that Alta Law is no longer using its name/Registered Mark is false,
`
`I. Attached Exhibits
`
`24.
`
`The Exhibits attached to this Declaration are true and accurate copies.
`
`I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS
`
`TRUE AND CORRECT.
`
`
`
`Tanya J. Dobash, Esquire
`Executed this 13th day of August 2018
`
`
`
`711112018
`
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`Record 1 out of 1
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`
`
`Word Mark
`
`ALTA
`
`Goods and Services
`
`Standard Characters
`Claimed
`
`IC 045. US 100 101. G & S. Legal services. FIRST USE: 20100716. FIRST USE IN COMMERCE.
`20100716
`I
`‘7
`
`Mark Drawing Code
`Serial Number
`
`(4) STANDARD CHARACTER MARK
`85009006
`
`Filing Date
`Current Basis
`
`April 8, 2010
`1A
`
`Original Filing Basis 13
`Published for
`August 31, 2010
`Opposition
`Registration Number 3921191
`
`Registration Date
`
`February 15 2011
`
`Owner
`
`(REGISTRANT) Alta Law Group, LLC LIMITED LIABILITY COMPANY MARYLAND 201 N. Charles St,
`Ste 2101 Baltimore MARYLAND 21201
`
`Attorney of Record
`Type of Mark
`
`Jan I. Berlage
`SERVICE MARK
`
`Register
`
`PRINCIPAL
`
`Affidavit Text
`LiveIDead Indicator
`
`SECT 15. SECT 8 (6-YR).
`LIVE
`
`
`
`I.HOME I SITE INDEXI SEARCH I eBUSINESS I HELP I PRIVACY POLICY
`
`http:l/tmsearch.uspto.gov/binlshowfield?f¥doc&state=4802:9Iwh3v.4.1
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`7i11i2018
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`Trademark Status & Document Retrieval
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`tab wilt not appear if the mark is not registered.
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`TSDR now includes a Post Registration Maintenance Tab. When viewing a Registered mark, users will now find a new-
`3rd tab providing Post Registration information next to the "Status" and "Document" tabs, below the search text box. The
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`STATUS
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`DOCUMENTS
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`MAINTENANCE
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`Generated on: This page was generated by TSDR on 2018-07-11 08:07:40 EDT
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`Mark: ALTA
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`US Serial Number: 85009006
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`US Registration Number: 3921191
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`Filed as TEAS Plus: Yes
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`Register: Principal
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`Mark Type: Service Mark
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`TM5 Common Status
`Descriptor:
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`Application Fiiing Date: Apr. 08, 2010
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`77
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`Registration Date: Feb. 15, 2011
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`’ mi
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`Currently TEAs Plus: Yes
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`7
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`LIVE/REGiSTRATIONlCanceIlationl’lnvalidation Pending
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`____-_l.rr
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`This trademark application has been registered with the Offit:
`undergoing a challenge which may result in its removai fromi
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`Status: A cancellation proceeding is pending at the Trademark Trial and Appeal Board. For further information, see?
`l-'
`Trial and Appeal Board web page.
`;‘
`Status Date: Jul. 05, 2018
`‘
`Publication Date: Aug. 312010.”.
`'Notiee-ofAllowaneeflnate: e-ctfzeg‘diow
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`__ 7.
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`Mark Information
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`Goods and Services
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`Basis Information (Case Level)
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`Current 0wner(s) Information
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`AttorneyICorrespondence Information
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`Prosecution History
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`Maintenance Filings or Post Registration Information
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`TM Staff and Location Information
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`Assignment Abstract 0f Title Information — Click to Load
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`Proceedings - Click to Load
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`ttp:i/tsdr.uspto.govl#caseNumbe#85009006&caseType=SERIAL_NO&searchType=statusSearch
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`Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PTO Form 1583 {REVOSI‘ZOOGJ
`OMB No 0651 «1055 (Exp OTISTFEMB)
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`Combined Declaration of Use and Incontestability under Sections 8 & 15
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`The table below presents the data as entered.
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`input Field
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`Entered
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`' JanI.Ber1age
`' GOHN, HANKEY, STICI-IEL &BERLA_GE
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`201NCHARLES ST STE 2101 __
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`[410-752-1261
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`fiberlage@ghsllp.com
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`AUTHORIZED TO COMIVHJNICATE VIA Yes
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`CORRESPONDENCE SECTION(entrent)
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`SPECIMEN FILE NAME(S)
`ORIGINAL PDF FILE I
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`15 Feb 2016. df
`SPNO-6971”920040160215115410657772. ALTA s ecimen
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`323“”1’2”" mm).\\HCRS\EXPORT16\IMAGE0UT16\'850\090\85009006\xm11\3150002JPG
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`{SPECIMENDESCRIPTION .
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`[—_ltaLaw Group—_LmLLC_
`W-LEO-lN. Charles St, Ste 2101
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`I.SIGNATURE SECTION
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`FILING INFORMATIONWMWMW’N
`MonFeb1-5_1'_2':36:20EST2016
`, USPTO/SOSNIS—‘XXXXXXXXX
`X_-;2016021512362021008139
`21'191-5506a93d342413cccb3
`- 3_cfd824948‘dIchde26649459
`OaSSbaddeb97f479155874-CC
`- -'90:6-7-2016021511541065777
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`Lawyer: who unde'IStand the business of. life sciences
`
`Page 1 of _1
`
`Welcome
`
`ALTALAW'GRQUZP ILL-C
`2071 'NORTHCHAHEESSTHEET
`‘fiynfizdm
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`IAL‘i‘IMORE—i MAWLAND‘2'1'201
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`INEQQALTALAWGchnfigsz
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`http:fmrww.altalawgroup.comlAltalWelcoxnehum
`
`2/151'2016
`
`
`
`STATE OF MARYLAND
`
`Department ofAssessments and Taxation
`
`I FURTHER CERTIFY THAT ALTA LAW GROUP, LLC (W13499793) , REGISTERED APRIL 02,
`2010, IS A LIIVIITED LIABILITY COMPANY EXISTING UNDER AND BY VIRTUE OF THE LAWS
`OF THE STATE OF MARYLAND, AND THAT THE LIMITED LIABILITY CONIPANY IS AT THE
`TIIVIE OF THIS CERTIFICATE IN GOOD STANDING TO TRANSACT BUSINESS.
`
`IN WITNESS WHEREOF, I HAVE HEREUNTO SUBSCRIBED MY SIGNATURE AND AFFIXED THE
`SEAL OF THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION OF MARYLAND AT
`BALTIMORE ON THIS JULY 16, 2018.
`'
`
`I, MICHAEL L. HIGGS OF THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION OF THE
`STATE OF MARYLAND, DO HEREBY CERTIFY THAT THE DEPARTMENT, BY LAWS OF THE
`STATE, IS THE CUSTODIAN OF THE RECORDS OF THIS STATE RELATING TO LIMITED
`LIABILITY COMPANIES , OR THE RIGHTS OF LIMITED LIABILITY COMPANIES TO
`TRANSACT BUSINESS IN THIS STATE, AND THAT I AM THE PROPER OFFICER TO EXECUTE
`THIS CERTIFICATE.
`
`
`
`W M
`
`ichael L. Higgs
`Director
`
`301 West Preston Street, Baltimore, Maryland 21 201
`Telephone Baltimore Metro (410) 767-1340 / Outside Baltimore Metro (888) 246-594]
`MRS (Maryland Relay Service) (800) 735-2258 TT/Voice
`
`Online Certificate Authentication Code: JgkqQoAvOES_fdehSngQ
`To verifi/ the Authentication Code, visit http://datmaryland.gov/verify
`
`
`
`Register Your Business Online | Maryland.gov
`818/201 8
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`https:l/egov.maryland.gov/BusinessExpress/EntitySearch/Businesslnformation/W13499793
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`ALTA LAW GROUP, LLC
`
`TanYaJ.Dobash
`(212) 786-2566
`
`Phone:
`
`tdobash@altalawgroup.com -
`
`December 22, 2015
`
`Division of Occupational and Professional Licensing
`Heber M Wells Building, lst Floor Lobby
`PO Box 146741
`
`Salt Lake City, UT 84114-6741
`
`Re: =
`
`Dear Sir or Madam:
`
`We re resent
`
`
`
`, base in
`
`
`
`Please contact me directly at_ or tdobashggaltalawgroup.com if you have any questions
`regarding this matter or require any additional information.
`
`Very truly yours,
`
`Tanya Dobash
`
`2.01 NV Charles St., Suite 2101 9 Baltimore, MD 21201 0 Phone: (212) 786-2566
`
`
`
`
`
`ALTA LAW GROUP, LLC
`
`March 18, 2018 .
`
`Via email (doplbureaeB @utahgov)
`
`Division of Occupational and Professional Licensing
`Heber M Wells Building, lst Floor Lobby
`160 E 300 S
`
`Salt Lake City, UT 84111
`
`Wm
`
`(410) 844-3363
`
`Phone:
`
`tdobash@altalawgmup.com
`
`Re: ‘—
`
`Dear Sir or Madam:
`
`We re resent
`
`Please contact me directly at (410) 844—3363 if you have any questions regarding this matter or require
`any additional information.
`
`Very truly yours,
`
`Tanya Dobash
`
`201 N. Charles St., Suite 2101 0 Baltimore, MD 2120] 0 Phone: (212) 786-2566
`
`
`
`ALTA LAW GROUP, LLc
`
`WW
`
`Phone: (212) 786-2566
`
`tdobash@altalawgoua.com
`
`August 19, 2015
`
`Division of Occupational and Professional Licensing
`Heber M Wells Building, 1st Floor Lobby
`160 E300 3
`Salt Lake City, UT 84111
`
`on- e51 ent
`
`annaccutlcal Manufacturer
`
`Dear Sir or Madam:
`
`.3_withacorporate/salesofficeat-
`
`
`
`
`Please contact me directly at—or tdobash@altalawgongcom if youhave any questions
`
`regarding this matter or require any additional mfonnation
`
`Very trulyyours,
`
`Tanya Dobash
`
`201 N Charles St , Suite 2101 0 Baltimore, MD 21291 0 Phone: (212) 786-2566
`
`
`
`
`
`ALTA LAW GROUP
`
`TANYA DDBASH
`Man'ablng Member
`
`ALTA LAW GROUP LLC
`—
`Phone: 1-410-544-3363
`Idobaah©AnaLawGroup,cnm
`
`
`
`
`
`ALTA LAW GROUP, LLC
`
`Wm
`
`(410) 844-3363
`
`Phone:
`
`tdobashtcflaltalawgroug.com
`
`
`
`201 N. Charles St., Suite 2101 9 Baltimore, MD 21201 9 Phone: (410) 844-3363
`
`
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`products and NDAs/ANDAs, mergers and acquisition, corporate law
`
`Tanya Iobash
`Managing Member, Attorney at Alta Law Group
`Baltimore, Maryland Area
`
`it“ Alto'LawGroup
`5 E'Q'UMV‘”? 'Ym 5‘h°°'°f
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`2:8 500+ connections
`
`Specialties: pharmaceuticals, biotechnology, pharma state licensingr in-licensing and out-licensing drug
`
`Experience
`
`WM Managing Member, Attorney
`
`gifTAt Alta LawGroup
`
`m"
`
`Jun 2010 - Present
`
`- 3 yrs 3 mos
`
`- represent clients in the pharmaceutical, biotechnology and medical device-industries, as well as
`private equity and venture capital firms focused on the life sciences market
`
`- practice focuses on complex business transactions and assisting'companles in the acquisition,
`enforcement and commercialization of their intellectual property as'sets
`
`- help clients structure. negotiate-end document domestic and International corporate transactions
`Including product—line and company acquisitions. NBA and ANDA sales and acquisitions.
`divestments. ln-iicensos and out-licenses. strategic alliances, andjoin... See more
`
`
`
`
`
`Tanza Dobash
`
`From:
`'
`Sent:
`'
`To:
`Subject:
`
`_
`
`Tanya,
`
`Joseph Shapiro <jshapiro@Strongandhanni.com>
`Thursday, April 13, 2017 7:39 PM
`3
`tdobash@jaitalawgroup.com
`phone call today re ALTA trademark
`
`Thank yOu for taking the time to take my call a little while ago.
`
`I will briefly summarize the subject of my call and this email. My client, Alta Legal, L.L.C., has been using the mark ALTA
`
`LEGAL for legal services in Utah. My understanding is that Alta Legal, L.L.C.’s practice is limited primarily to personal
`injury. We recently investigated the possibility of registering "ALTA LEGAL,” and discovered your mark, ALTA. Because
`we were still in the process of investigating your mark and use of the mark, and were unsure how this situation” would
`' play out, we went ahead and filed an application for registration of a logo mark incorporating ALTA LEGAL (serial no.
`. 87354754) (forgive me for failing to mention this on the phone today. It’s been more than a month since I looked at this
`
`and I could not quite remember off the top of my head the course of action I had taken).
`
`_
`We would like to know what you
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