`ESTTA Tracking number:
`ESTTA1223747
`07/22/2022
`
`Filing date:
`
`Proceeding no.
`Party
`
`Correspondence
`address
`
`Submission
`Filer's name
`Filer's email
`
`Signature
`Date
`Attachments
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`92076921
`Plaintiff
`Yuyu Pharma, Inc.
`JOHN J DABNEY
`SNELL & WILMER LLP
`2001 K STREET NW
`SUITE 425 NORTH
`WASHINGTON, DC 20006
`UNITED STATES
`Primary email: tmdocket@swlaw.com
`Secondary email(s): jdabney@swlaw.com, mhallerman@swlaw.com, ksan-
`dacz@swlaw.com
`202-908-4261
`Plaintiff's Notice of Reliance
`John J. Dabney
`jdabney@swlaw.com, mhallerman@swlaw.com, ksandacz@swlaw.com, tm-
`docket@swlaw.com, john@alumitip.com
`/John J. Dabney/
`07/22/2022
`First NOR - Petitioner Applications.pdf(362636 bytes )
`Exhibit 2_Part1.pdf(5679838 bytes )
`Exhibit 2_Part2.pdf(5740097 bytes )
`Exhibit 2_Part3.pdf(5658442 bytes )
`Exhibit 2_Part4.pdf(5627670 bytes )
`Exhibit 2_Part5.pdf(5693386 bytes )
`Exhibit 2_Part6.pdf(5651567 bytes )
`Exhibit 2_Part7.pdf(5688057 bytes )
`Exhibit 2_Part8.pdf(598211 bytes )
`Exhibit 3.pdf(4650624 bytes )
`Exhibit 4.pdf(4624164 bytes )
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`YUYU PHARMA, INC.,
`
`
`
`
`
`SHAOXING KANGKE CAPSULE CO., LTD.,
`
`
`
`
`
`
`
`
`
`
`
`
`
`Cancellation No. 92076921
`
`Reg. No. 4,590,860
`
`
`Mark:
`
`
`
`
`
`
`
`
`
`Petitioner,
`
`v.
`
`
`
`Registrant.
`
`
`
`
`
`
`
`PETITIONER YUYU PHARMA, INC.’S FIRST NOTICE OF RELIANCE –
`U.S. PATENT AND TRADEMARK OFFICE RECORDS
`
`Petitioner Yuyu Pharma, Inc. serves notice that it will rely on the documents listed below
`
`in connection with the above-captioned proceedings.
`
`1.
`
`Attached as Exhibit 2 are true and correct copies of the TSDR records for Yuyu
`
`Pharma’s Application Serial No. 79/266,962 for the mark
`
` for goods and services
`
`in International Classes 3, 5, 10, 30, 35, 42 & 44. This document is relevant to Yuyu Pharma’s
`
`standing in this proceeding.
`
`2.
`
`Attached as Exhibit 3 are true and correct copies of the TSDR records for Yuyu
`
`Pharma’s Application Serial No. 79/292,328 for the mark YUYU VENTURES for goods and
`
`services in International Classes 3, 5, 10, 30, 35, 42 & 44. This document is relevant to Yuyu
`
`Pharma’s standing in this proceeding.
`
`3.
`
`Attached as Exhibit 4 are true and correct copies of the TESS and TSDR records
`
`for Yuyu Pharma’s Application Serial No. 79/292,306 for the mark YUYU PHARMA for goods
`
`and services in International Classes 3, 5, 10, 30, 35, 42 & 44. This document is relevant to Yuyu
`
`Pharma’s standing in this proceeding.
`
`
`
`1
`
`
`
`4.
`
`Attached as Exhibit 5 are true and correct copies of the TESS and TSDR records
`
`for Yuyu Pharma’s Application Serial No. 79/292,336 for the mark YUYU BIO for goods and
`
`services in International Classes 3, 5, 10, 30, 35, 42 & 44. This document is relevant to Yuyu
`
`Pharma’s standing in this proceeding.
`
`5.
`
`Attached as Exhibit 6 are true and correct copies of the TESS and TSDR records
`
`for Yuyu Pharma’s Application Serial No. 79/295,552 for the mark YUYU for goods and services
`
`in International Classes 3, 5, 10, 30, 35, 42 & 44. This document is relevant to Yuyu Pharma’s
`
`standing in this proceeding.
`
`
`
`
`
`Dated: July 22, 2022
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/John J. Dabney/
`
`John J. Dabney
`jdabney@swlaw.com
`Mary D. Hallerman
`mhallerman@swlaw.com
`Snell & Wilmer L.L.P.
`2001 K Street NW
`Suite 425 North
`Washington, D.C. 20006
`(202) 908-4261
`
`Attorneys for Petitioner Yuyu Pharma, Inc.
`
`
`
`2
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify that on July 22, 2022, a copy of the foregoing PETITIONER’S FIRST
`
`NOTICE OF RELIANCE – U.S. PATENT & TRADEMARK OFFICE RECORDS was served
`
`upon Registrant Shaoxing Kangke Capsule Co., Ltd. by email at the following address for its
`
`attorney of record:
`
`John Alumit
`Alumit IP
`135 S. Jackson Street, Suite 200
`Glendale, CA 91205
`john@alumitip.com
`
`
`
`/Mary D. Hallerman/
`Mary D. Hallerman
`mhallerman@swlaw.com
`Snell & Wilmer L.L.P.
`2001 K Street NW
`Suite 425 North
`Washington, D.C. 20006
`(202) 908-4262
`
`3
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`EX H I BI T 2
`EXHIBIT 2
`
`
`
`Generated on: This page was generated by TSDR on 2022-07-15 14:29:10 EDT
`
`Mark: YUYU
`
`US Serial Number: 79266962
`
`Register: Principal
`
`Mark Type: Trademark, Service Mark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`Jun. 12, 2019
`
`LIVE/APPLICATION/Under Examination
`
`The trademark application has been accepted by the Office (has met the
`minimum filing requirements) and that this application has been assigned to
`an examiner.
`
`Status: Suspension check completed. Application remains suspended.
`
`Status Date: Jun. 01, 2022
`
`
`
`Mark Literal
`Elements:
`
`YUYU
`
`Standard Character
`Claim:
`
`No
`
`Mark Information
`
`Mark Drawing
`Type:
`
`Description of
`Mark:
`
`3 - AN ILLUSTRATION DRAWING WHICH INCLUDES WORD(S)/ LETTER(S)/NUMBER(S)
`
`The mark consists of the term "YUYU" in stylized gray letters to the right of a blue circle surrounding a blue double "Y".
`
`Color Drawing: Yes
`
`Color(s) Claimed: The color(s) the color(s) grey and blue is/are claimed as a feature of the mark is/are claimed as a feature of the mark.
`
`Color Location: The blue device depicts highly stylized two letters of "Y" inside a circle; The word "Yuyu", which is the applicant's name in abbreviated
`form, is placed next to the device mark in gray color.
`
`Design Search
`Code(s):
`
`26.01.02 - Plain single line circles; Circles, plain single line
`26.17.09 - Bars, curved; Curved line(s), band(s) or bar(s); Bands, curved; Lines, curved
`
`Related Properties Information
`
`1486349
`
`International
`Registration
`Number:
`
`International
`Registration Date:
`
`Jun. 12, 2019
`
`Goods and Services
`
`Note:
`The following symbols indicate that the registrant/owner has amended the goods/services:
`Brackets [..] indicate deleted goods/services;
`Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`Asterisks *..* identify additional (new) wording in the goods/services.
`
`For: Non-medicated multi-functional shampoo; non-medicated anti-aging cosmetic preparations; make-up; hair dyes; beauty soap; non-
`medicated moisturizing skin creams; non-medicated toiletry preparations; bleaching preparations for laundry use; skin creams; non-
`medicated cosmetic preparations for the treatment for atopy prone skin; essential oils for flavoring beverages; non-medicated soaps for
`personal use; cosmetic sun-protecting preparations; non-medicated anti-wrinkle creams; non-medicated wrinkle removing skin care
`preparations; dentifrices; cosmetic preparations for skin renewal; non-medicated skin care preparations for treating skin trouble; non-
`medicated skin whitening preparations; perfumery; perfumes; hair rinses; beauty masks; mask pack for cosmetic purposes; lotions for
`
`
`
`cosmetic purposes; cosmetics
`
`International
`Class(es):
`
`003 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 66(a)
`
`U.S Class(es): 001, 004, 006, 050, 051, 052
`
`For: Pharmaceutical agents affecting sensory organs; air deodorizing preparations; pharmaceutical agents affecting metabolism;
`pharmaceutical agents affecting peripheral nervous system; vaccines; bandages for dressings; vitamin preparations; oxygen baths
`preparations for medical use; crude medicines, namely, hydrogen peroxide, glycerin, sodium salts, roots, enzymes, oil, lecithin,
`appetite suppressants, amino acids, alkaloids, bark, herbs, mineral waters, gases, camphor, gelatin, diagnostic preparations, medicinal
`teas, sliming teas, chewing gum, potassium salts, quinine, tinctures, glucose, herb teas, blood, hormones, enzymes, mint, digestives,
`aldehydes, alcohol, medicinal herbs; fish meal for pharmaceutical purposes; esters for pharmaceutical purposes; ethers for
`pharmaceutical purposes; ointments for pharmaceutical purposes; medicinal oils; iodine for pharmaceutical purposes; iodides for
`pharmaceutical purposes; flowers of sulfur for pharmaceutical purposes; decoctions for pharmaceutical purposes; thymol for
`pharmaceutical purposes; pectin for pharmaceutical purposes; pepsins for pharmaceutical purposes; peptones for pharmaceutical
`purposes; ginseng capsules for medical purposes; contact lens cleaning preparations; solutions for use with contact lenses; implants
`comprising living tissue; anti-inflammatory preparations; pharmaceutical agents affecting digestive organs; cardiovascular
`pharmaceutical preparations; dietetic food supplements; dietary and nutritional supplements; nervines, namely, nerve calming
`preparation and pharmaceutical preparations acting on the central nervous system; allergy medications; medicated soap; filled first-aid
`boxes; digestives for pharmaceutical purposes; alcohol for pharmaceutical purposes; food for babies except lacteal flour for babies;
`pharmaceutical agents for epidermis; biological preparations for medical or veterinary purposes, drugs for medicinal purposes and
`pharmaceuticals, namely, pharmaceutical preparations for the treatment or prevention of ophthalmic, dermatological, urological,
`hematological, bone, skeletal, respiratory, endocrinological, circulatory, gastroenterological, hormonal, diabetic, muscular, rheumatic,
`immune system, ocular, psychiatric, cognitive, mood, infectious, oncological, gynecological, sexual, pediatric disorders; pharmaceutical
`preparations for the preventing and treating of diabetes, coughs, colds, influenza, headaches; pharmaceutical preparation for the
`treatment of wounds and trauma; medicinal preparations, namely, analgesics, anti-depressants, antipsychotics, antihistamines, anti-
`infectives, anti-hypertensives, anti-dyslipidemia, anti-bacterials, antidiarrheals (+GERD/NERD, ulcer, diarrhea, constipation,
`dyspepsia), and anticoagulants; medicinal preparations, namely, antiviral and anti-retroviral preparations for the treatment of viral brain
`diseases; medicinal preparations, namely, anti-cancer preparations; medicinal preparations, namely, medicated soaps, lotions and
`creams for the skin and hair, namely, medicated acne lotion, medicated body moisturizing lotion, medicated lotion for eczema and
`seborrheic dermatitis, medicated hair shampoo and hair scalp lotion, and medicated anti-dandruff lotion; medicinal preparations,
`namely, cough suppressants; medicinal preparations, namely, preparations for the treatment of gout; medicinal preparations, namely,
`preparations for cessation of smoking; medicinal preparations for the treatment, of genitourinary diseases and disorders, urological
`diseases, namely, benign prostatic hyperplasia and prostate enlargement, urinary incontinence, infertility, erectile dysfunction, sexually
`transmitted diseases, premature ejaculation, and anemia; medicinal preparations for the treatment of wasting and other muscle, fat and
`tissue loss caused by medical disorders or aging; medicinal preparations for the treatment of androgenetic alopecia and alopecia
`areata; medicinal preparations for the treatment of CNS disorders, cognitive disorders, namely, encephalitis, epilepsy, Alzheimer's,
`cerebral palsy, Parkinson's disease, seizures, Huntington's disease, multiple sclerosis, stroke recovery, migraine, vertigo, tinnitus, and
`brain dysfunction; medicinal preparations for the treatment of pain from burns, hemolytic diseases and disorders, peripheral circulatory
`disturbance, intermittent claudication, and neuropathic pain; medicinal preparations for the treatment of chronic pain, obesity,
`inflammatory bowel diseases, inflammatory connective tissue diseases, immunological diseases and disorders, namely, autoimmune
`diseases, immunologic deficiency syndromes, Acquired Immune Deficiency Syndrome (AIDS), viral diseases and disorders, namely,
`herpes, hepatitis, substance abuse disorders, namely, alcoholism and drug addiction, varicose veins, osteoporosis, postmenopausal
`osteoporosis, sarcopenia, muscle spasm, arthritis, rheumatoid arthritis, psoriatic arthritis, osteoarthritis, ankylosing spondylitis,
`tendinitis, dysmenorrhea, bruise, lumbar pain, secondary hyperparathyroidism, hypocalcemia, neuralgia, myotonia yeast infections,
`pulmonary disorders, sleep disorders, namely, insomnia, eye disorders, namely, macular degeneration, dry eye, inflammatory eye
`diseases, namely, conjunctivitis, iritis, keratitis, Uveitis and rare eye diseases caused by inflammation; biosimilars and biological
`preparations and monoclonal antibodies for treatment of cancer, tumors, immunologic disorders, autoimmune diseases, bones
`diseases, osteoporosis, arthritis, inflammatory diseases, central nervous system disorders, and metabolic diseases; medicinal hair
`growth preparations; solutions for medical use in washing the nasal passages; adhesive bands for medical purposes; nutritional
`supplements, namely, tonics and alteratives for medical purposes; pharmaceutical preparations acting on the central nervous system;
`decongestant nasal sprays; materials for dental fillings and for stopping purposes, dental wax; sea water for medicinal bathing;
`hemostatic pencils; antibiotic preparations
`
`International
`Class(es):
`
`005 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 66(a)
`
`U.S Class(es): 006, 018, 044, 046, 051, 052
`
`For: Physiotherapy apparatus, namely, foam rollers, weights and resistance bands; suture materials; hot air blowers for therapeutic use;
`artificial vascular grafts for surgical use; medical apparatus and instruments, namely, syringes, inhalers, injections, lenses,
`defribillator/monitor, CPR/chest compression device, patient thermal regulating/cooling system, Ear, nose and throat (ENT) diagnostic
`and therapy equipment, endoscopes, microscopes, dosage planning devices, health monitoring devices comprised of monitors,
`sensors, and detectors that detect health conditions and diseases in the nature of cancers, blood abnormalities, immune diseases,
`neurological diseases, cardiovascular diseases, infectious diseases, viral diseases, genetic diseases, ophthalmic, urological and
`respiratory diseases; protective devices and protective screens for protecting against exposure, shields, lead gloves, medical safety
`glasses; biometric medical scanners for health check and diagnosis, medical instruments and apparatus for the treatment of respiratory
`disorders, asthma, allergies and allergic emergencies; wireless patient monitors and sensors; transdermal drug delivery patches sold
`without medication for the transdermal delivery of pharmaceuticals; vaporizers for medical purposes; oxygen inhalers for medical
`purposes sold empty; thread for medical use; aerosol dispensers for medical purposes; vacuum pumps for medical purposes;
`respiratory masks for medical purposes; endoprostheses; apparatus for artificial respiration; orthopaedic articles, namely, walkers,
`supports and braces; appliances for washing body cavities; filling instruments for dental purposes; portable oxygen concentrators for
`medical purposes sold empty; oxygen inhalers for medical purposes sold empty
`
`International
`Class(es):
`
`010 - Primary Class
`
`U.S Class(es): 026, 039, 044
`
`
`
`Class Status: ACTIVE
`
`Basis: 66(a)
`
`For: Fruit teas; tea based on the substances extracted from the plant leaves; wheat germ for human consumption; ginseng tea; tea extracts;
`tea; tea-based beverages; processed tea leaves; spices
`
`International
`Class(es):
`
`030 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 66(a)
`
`U.S Class(es): 046
`
`For: Retail store services and distributorships in the field of health supplement food mainly based on processed cereals; retail store services
`and distributorships in the field of false hair; retail store services and distributorships in the field of health supplement food based on
`dried fish and shellfish; marketing services; retail store services and distributorships in the field of the field of jewelry and precious
`metals; retail store services and distributorships in the field of jewelry; retail store services and distributorships in the field of non-
`alcoholic beverages; data provision for commercial retail purposes; demonstration of goods; retail store services and distributorships in
`the field of fish-based foodstuffs; retail store services and distributorships in the field of fish-based foodstuffs; import-export agency
`services; conducting market surveys; retail store services and distributorships in the field of processed algae for human consumption;
`distributorships in the field of edible eggs; retail store services and distributorships in the field of food products made from fish and
`shellfish; retail store services and distributorships in the field of food products made from oil and fat; retail store services and
`distributorships in the field of drinking water; retail store services and distributorships in the field of medical apparatus and instruments;
`retail store services and distributorships in the field of pharmaceuticals; computerized business information retrieval for others; retail
`store services and distributorships in the field of nutraceutical preparations for therapeutic or medical purposes; retail store services
`and distributorships in the field of health food supplements for persons with special dietary requirements
`
`International
`Class(es):
`
`035 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 66(a)
`
`U.S Class(es): 100, 101, 102
`
`For: Biotechnology research; medical research in the field of crude medicines; bacteriological research and analysis; technical consultancy
`in relation to research services relating to foods and dietary supplements; drug discovery services; research and development of new
`products; testing, inspection or research of pharmaceuticals, cosmetics or foodstuff; pharmaceutical products development;
`consultancy relating to pharmaceutical research and development for others; research on the subject of pharmaceuticals; conducting
`clinical testing of medicines for others; research and development of medical apparatus and instruments for others; medical product
`testing for others; research for medical products; medical research; research in the field of hair care; cosmetics development services
`for others
`
`International
`Class(es):
`
`042 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 66(a)
`
`U.S Class(es): 100, 101
`
`For: Medical and health services, namely, the analysis of DNA and providing genetic testing; health care; physical therapy; medical
`consultancy and information services relating to biopharmaceutical products; medical services for the care of the skin; dietetic advisory
`services; pharmacy services, namely, the dispensing of pharmaceuticals; medical consultancy and information services relating to
`pharmaceutical products; providing medical pharmacy advice; rental of medical and health care equipment; medical assistance; health
`care consultancy services, namely, providing medical information; medical technology services for selecting appropriate medicines;
`health consulting, namely, providing information relating to medical products; beauty salons for hair loss treatment; skin care salons;
`skin beauty salons; vascular screening
`
`International
`Class(es):
`
`044 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 66(a)
`
`Filed Use: No
`
`Filed ITU: No
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: Yes
`
`Filed No Basis: No
`
`U.S Class(es): 100, 101
`
`Basis Information (Case Level)
`
`Currently Use: No
`
`Currently ITU: No
`
`Currently 44E: No
`
`Currently 66A: Yes
`
`Currently No Basis: No
`
`Current Owner(s) Information
`
`Owner Name: Yuyu Pharma, Inc.
`
`Owner Address: 94, Bio valley 1-ro, Jecheon-si
`
`
`
`Chungcheongbuk-do
`KOREA, REPUBLIC OF
`
`Legal Entity Type: CORPORATION
`
`State or Country
`Where Organized:
`
`KOREA, REPUBLIC OF
`
`Attorney/Correspondence Information
`
`Attorney Name: Richard Y. Kim
`
`Attorney Primary
`Email Address:
`
`TMDocket@swlaw.com
`
`Attorney of Record
`
`Docket Number: 80946.11540
`
`Attorney Email
`Authorized:
`
`Yes
`
`Correspondent
`
`Correspondent
`Name/Address:
`
`Richard Y. Kim
`SNELL & WILMER L.L.P.
`400 East Van Buren Street, Suite 1900
`One Arizona Center
`Phoenix, ARIZONA UNITED STATES 85004-2202
`
`Phone: 202.908.4263
`
`Fax: 602.382.6070
`
`Correspondent e-
`mail:
`
`TMDocket@swlaw.com rkim@swlaw.com ksanda
`cz@swlaw.com
`
`Correspondent e-
`mail Authorized:
`
`Yes
`
`Domestic
`Representative
`Name:
`
`Richard Y. Kim
`
`Fax: 602.382.6070
`
`Domestic
`Representative e-
`mail:
`
`TMDocket@swlaw.com
`
`Domestic Representative
`
`Phone: 202.908.4263
`
`Domestic
`Representative e-
`mail Authorized:
`
`Yes
`
`Prosecution History
`
`Date
`
`Description
`
`Jun. 01, 2022
`Nov. 11, 2021
`May 11, 2021
`May 11, 2021
`May 11, 2021
`Mar. 06, 2021
`Feb. 17, 2021
`Feb. 17, 2021
`Oct. 06, 2020
`Oct. 06, 2020
`Oct. 06, 2020
`Sep. 30, 2020
`Sep. 30, 2020
`Sep. 30, 2020
`May 04, 2020
`May 04, 2020
`May 04, 2020
`May 04, 2020
`May 04, 2020
`May 04, 2020
`Apr. 23, 2020
`Apr. 23, 2020
`Apr. 23, 2020
`Apr. 23, 2020
`Apr. 23, 2020
`Apr. 03, 2020
`
`REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED
`REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED
`NOTIFICATION OF LETTER OF SUSPENSION E-MAILED
`LETTER OF SUSPENSION E-MAILED
`SUSPENSION LETTER WRITTEN
`NOTIFICATION OF POSSIBLE OPPOSITION - PROCESSED BY IB
`NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB
`NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB
`NOTIFICATION OF LETTER OF SUSPENSION E-MAILED
`LETTER OF SUSPENSION E-MAILED
`SUSPENSION LETTER WRITTEN
`TEAS/EMAIL CORRESPONDENCE ENTERED
`CORRESPONDENCE RECEIVED IN LAW OFFICE
`TEAS RESPONSE TO OFFICE ACTION RECEIVED
`APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`TEAS CHANGE OF DOMESTIC REPRESENTATIVES ADDRESS
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`TEAS CHANGE OF OWNER ADDRESS RECEIVED
`NOTIFICATION OF NON-FINAL ACTION E-MAILED
`NON-FINAL ACTION E-MAILED
`NON-FINAL ACTION WRITTEN
`FINAL REFUSAL WRITTEN
`NON-FINAL ACTION WRITTEN
`TEAS/EMAIL CORRESPONDENCE ENTERED
`
`Proceeding
`Number
`
`6332
`6332
`70436
`
`6332
`6332
`70436
`88889
`88889
`
`88888
`
`6325
`6325
`70436
`70436
`70436
`70884
`
`
`
`Apr. 03, 2020
`Apr. 02, 2020
`Mar. 26, 2020
`Oct. 26, 2019
`Oct. 03, 2019
`Oct. 03, 2019
`Sep. 20, 2019
`Sep. 17, 2019
`Sep. 16, 2019
`Sep. 16, 2019
`Sep. 16, 2019
`Sep. 12, 2019
`
`CORRESPONDENCE RECEIVED IN LAW OFFICE
`ASSIGNED TO LIE
`TEAS RESPONSE TO OFFICE ACTION RECEIVED
`REFUSAL PROCESSED BY IB
`NON-FINAL ACTION MAILED - REFUSAL SENT TO IB
`REFUSAL PROCESSED BY MPU
`APPLICATION FILING RECEIPT MAILED
`NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW
`NON-FINAL ACTION WRITTEN
`ASSIGNED TO EXAMINER
`NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
`SN ASSIGNED FOR SECT 66A APPL FROM IB
`International Registration Information (Section 66a)
`
`70884
`70884
`
`67445
`
`70436
`70436
`
`1486349
`
`International
`Registration
`Number:
`
`Priority Claimed
`Flag:
`
`Yes
`
`Intl. Registration
`Status:
`
`REQUEST FOR EXTENSION OF PROTECTION
`PROCESSED
`
`Notification of
`Designation Date:
`
`Sep. 12, 2019
`
`Jun. 12, 2029
`
`International
`Registration
`Renewal Date:
`
`First Refusal Flag: Yes
`
`International
`Registration Date:
`
`Jun. 12, 2019
`
`Date of Section 67
`Priority Claim:
`
`Dec. 12, 2018
`
`Sep. 12, 2019
`
`Date of
`International
`Registration
`Status:
`
`Date of Automatic
`Protection:
`
`Mar. 12, 2021
`
`TM Staff and Location Information
`
`TM Attorney: DUBOIS, SUSAN L
`
`Current Location: TMO LAW OFFICE 111 - EXAMINING
`ATTORNEY ASSIGNED
`
`TM Staff Information
`
`Law Office
`Assigned:
`
`LAW OFFICE 111
`
`File Location
`
`Date in Location: Jun. 01, 2022
`
`
`
`To:
`
`Yuyu Pharma, Inc. (TMDocket@swlaw.com)
`
`Subject:
`
`U.S. Trademark Application Serial No. 79266962 - YUYU - 80946.11540
`
`Sent:
`
`May 11, 2021 09:01:35 AM
`
`Sent As:
`
`ecom111@uspto.gov
`
`Attachments:
`
`United States Patent and Trademark Office (USPTO)
`Office Action (Official Letter) About Applicant’s Trademark Application
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`U.S. Application
`Serial No. 79266962
`
`Mark: YUYU
`
`Correspondence
`Address:
` Richard Y. Kim
` SNELL &
`WILMER L.L.P.
` One Arizona
`Center
` 400 East Van
`Buren Street, Suite
`1900
` Phoenix AZ
`85004-2202
`Applicant: Yuyu
`Pharma, Inc.
`
`Reference/Docket No.
`80946.11540
`
`Correspondence
`Email Address:
`
`TMDocket@swlaw.com
`
`SUSPENSION NOTICE
`No Response Required
`
`
`
`
`
`
`
`
`
`
`Issue date: May 11, 2021
`International Registration No. 1486349
`
`
`The application is suspended for the reason(s) specified below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
`
`Application suspended until legal proceeding(s) involving the applied-for mark is resolved. The legal proceeding(s) below involves (1) a
`registered mark that conflicts with applicant’s mark under Trademark Act Section 2(d), (2) a mark in a pending application(s) that could conflict
`with applicant’s mark under Section 2(d) if it registers, and/or (3) the registrability of applicant’s mark. 15 U.S.C. §1052; see 37 C.F.R. §2.83;
`TMEP §§716.02(a), (c)-(d), 1208 et seq. Because the outcome of this proceeding(s) could directly affect whether applicant’s mark can register,
`action on this application is suspended until proceeding(s) is resolved. See 37 C.F.R. §2.67; TMEP §716.02(a), (c)-(d).
`
`
`- Cancellation Proceeding Filed April 21, 2021 Regarding RN 4590860
`
`
`
`The Section 2(d) refusal is maintained and continued. This refusal will be made final once this application is removed from suspension, unless
`
`
`
`the refusal is obviated or a new issue arises. See TMEP §716.01.
`
`Suspension process. The USPTO will periodically check this application to determine if it should remain suspended. See TMEP §716.04. As
`needed, the trademark examining attorney will issue a letter to applicant to inquire about the status of the reason for the suspension. TMEP
`§716.05.
`
`No response required. Applicant may file a response, but is not required to do so.
`
`
`
`/Susan Leslie DuBois/
`Examining Attorney
`Law Office 111
`571.272.9154
`susan.dubois@uspto.gov
`
`
`
`
`
`
`
`To:
`
`Yuyu Pharma, Inc. (TMDocket@swlaw.com)
`
`Subject:
`
`U.S. Trademark Application Serial No. 79266962 - YUYU - 80946.11540
`
`Sent:
`
`May 11, 2021 09:01:36 AM
`
`Sent As:
`
`ecom111@uspto.gov
`
`Attachments:
`
`
`
`United States Patent and Trademark Office (USPTO)
`
`USPTO OFFICIAL NOTICE
`
`Office Action (Official Letter) has issued
`on May 11, 2021 for
`U.S. Trademark Application Serial No. 79266962
`
`Your trademark application has been reviewed by a trademark examining attorney. As part of that review, the assigned attorney has
`issued an official letter. Please follow the steps below.
`
`(1) Read the official letter. No response is necessary.
`
`(2) Direct questions about the contents of the Office action to the assigned attorney below.
`
`/Susan Leslie DuBois/
`Examining Attorney
`Law Office 111
`571.272.9154
`susan.dubois@uspto.gov
`
`Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your
`application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center
`(TAC).
`
`
`
`GENERAL GUIDANCE
`· Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid
`missing critical deadlines.
`
`if needed,
`
`to ensure you receive important USPTO notices about your
`
` Update your correspondence email address,
`application.
`
` ·
`
` Beware of misleading notices sent by private companies about your application. Private companies not associated with
`the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices –
`most of which require fees. All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”
`
` ·
`
`
`
`
`
`
`NOTICE THAT TRANSACTION HAS BEEN PROCESSED BY IB
`
`USPTO REFERENCE NUMBER: 7926696
`
`SERIAL NUMBER: 79266962
`
`The table below presents the data as entered.
`
`
`
`
`
`Input Field
`
`Entered
`
`INTERNATIONAL REGISTRATION NUMBER
`
`1486349
`
`EFFECTIVE DATE OF MODIFICATION
`
`IB DOCUMENT ID
`
`OFFICE REFERENCE
`
`TRANSACTION TYPE
`
`02/17/2021
`
`1436272501
`
`7926696 79266962
`
`OPN - Notification of Opposition periods beyond 18 months
`
`
`
`NOTICE OF POSSIBLE OPPOSITION SENT TO INTERNATIONAL BUREAU
`
`The table below presents the data as entered.
`
`Input Field
`
`IDENTIFICATION SECTION
`
`INTERNATIONAL REGISTRATION NUMBER
`
`1486349
`
`Entered
`
`OFFICE REFERENCE NUMBER
`
`ORIGINAL LANGUAGE CODE
`
`NAME AND ADDRESS SECTION
`
`NAME AND ADDRESS TYPE
`
`NAME
`
`ADDRESS
`
`INSTRUCTIONS SECTION
`
`79266962
`
`ENGLISH
`
`Applicant/Holder
`
`Yuyu Pharma, Inc.
`
`94, Bio valley 1-ro, Jecheon-si
`
`Chungcheongbuk-do
`
`FREE TEXT PROCESSING INSTRUCTIONS
`
`U. S. designated on 20190612; OPPOSITION POSSIBLE Type 1 YUYU
`
`
`
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA 22313-1451
`www.uspto.gov
`
`Notification of Opposition Possible
`
`Statement sent to the International Bureau of the World Intellectual Property
`Organization (WIPO) in accordance with Rule 16(1)(a)-(b) of the Common Regulations
`under the Madrid Agreement and Protocol.
`
`International Registration No.: 1486349
`Holder: Yuyu Pharma, Inc.
`Mark: YUYU
`
`By this notification, the United States Patent and Trademark Office (USPTO) hereby informs the International Bureau (IB) that the period for
`notification of a provisional refusal will expire too late for any provisional refusal based on an opposition to be notified within the 18-month time
`limit referred to in Article 5(2)(b). Furthermore, the dates on which the opposition period will begin and end are not now known.
`
`Sincerely,
`
`Madrid Processing Unit
`United States Patent & Trademark Office
`(571) 272-8910
`
`
`** STATUS AND INFORMATION CHECK **
`
`For questions about this notification or the referenced international registration, email the USPTO Madrid Processing Unit at MPU@uspto.gov
`or visit their website at http://www.uspto.gov/web/trademarks/madrid/madridindex.htm.
`
`For further information, please review the USPTO Trademark Status and Document Retrieval (TSDR) system at http://tsdr.uspto.gov/.
`
`To view any notice of publication for opposition published in the Official Gazette, visit the USPTO website at
`http://www.uspto.gov/web/trademarks/tmog/.
`
`
`
`To:
`
`Yuyu Pharma, Inc. (TMDocket@swlaw.com)
`
`Subject:
`
`U.S. Trademark Application Serial No. 79266962 - YUYU - 80946.11540
`
`Sent:
`
`October 06, 2020 04:35:20 PM
`
`Sent As:
`
`ecom111@uspto.gov
`
`Attachments:
`
`United States Patent and Trademark Office (USPTO)
`Office Action (Official Letter) About Applicant’s Trademark Application
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`U.S. Application
`Serial No. 79266962
`
`Mark: YUYU
`
`Correspondence
`Address:
` Richard Y. Kim
` SNELL &
`WILMER L.L.P.
` One Arizona
`Center
` 400 East Van
`Buren Street, Suite
`1900
` Phoenix AZ
`85004-2202
`Applicant: Yuyu
`Pharma, Inc.
`
`Reference/Docket No.
`80946.11540
`
`Correspondence
`Email Address:
`
`TMDocket@swlaw.com
`
`SUSPENSION NOTICE
`No Response Required
`
`
`
`
`
`
`
`
`
`
`Issue date: October 06, 2020
`International Registration No. 1486349
`
`
`The application is suspended for the reason(s) specified below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
`
`Application suspended until disposition of cited registration(s). Registration maintenance documents are or were due to be filed for the
`registration(s) cited against applicant in a refusal based on Trademark Act Section 2(d). 15 U.S.C. §1052(d). If the maintenance documents are
`not timely filed and accepted by the USPTO, the cited registration(s) will cancel and/or expire and will no longer bar registration of applicant’s
`mark under Section 2(d). See 15 U.S.C. §§1058, 1059, 1141k. Action on this application is suspended for six months to await disposition of the
`cited registration(s); after which, the trademark examining attorney will determine whether to maintain or withdraw the Section 2(d) refusal. See
`37 C.F.R. §2.67; TMEP §716.02(e).
`
`Suspension process. The USPTO will periodically check this application to determine if it should remain suspended. See TMEP §716.04. As
`needed, the trademark examining attorney will issue a letter to applicant to inquire about the status of the reason for the suspension. TMEP
`§716.05.
`
`
`
`
`No response required. Applicant may file a response, but is not required to do so.
`
`
`
`/Susan Leslie DuBois/
`Examining Attorney
`Law Office 111
`571.272.9154
`susan.dubois@uspto.gov
`
`
`
`
`
`
`
`To:
`
`Yuyu Pharma, Inc. (TMDocket@swlaw.com)
`
`Subject:
`
`U.S. Trademark Application Serial No. 79266962 - YUYU - 80946.11540
`
`Sent:
`
`October 06, 2020 04:35:21 PM
`
`Sent As:
`
`ecom111@uspto.gov
`
`Attachments:
`
`
`
`United States Patent and Trademark Office (USPTO)
`
`USPTO OFFICIAL NOTICE
`
`Office Action (Official Letter) has issued
`on October 06, 2020 for
`U.S. Trademark Application Serial No. 79266962
`
`Your trademark application has been reviewed by a trademark examining attorney. As part of that review, the assigned attorney has
`issued an official letter.