ESTTA Tracking number:
`
`ESTTA1323706
`
`Filing date:
`
`11/21/2023
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Petition for Cancellation
`
`Notice is hereby given that the following party has filed a petition to cancel the registration indicated below.
`
`Petitioner information
`
`Name
`
`Entity
`
`Address
`
`Attorney informa-
`tion
`
`Telligen, Inc.
`
`Corporation
`
`Incorporated or
`registered in
`
`Iowa
`
`1776 WEST LAKES PKWY
`WEST DES MOINES, IA 50266
`UNITED STATES
`
`CHRISTOPHER A. PROSKEY
`BROWNWINICK LAW FIRM
`666 GRAND AVE., SUITE 2000
`DES MOINES, IA 50309
`UNITED STATES
`Primary email: ip@brownwinick.com
`515-242-2400
`
`Docket no.
`
`26696.0024
`
`Registration subject to cancellation
`
`Registration no.
`
`7003128
`
`Registration date
`
`03/21/2023
`
`Register
`
`Registrant
`
`Principal
`
`Suzhou Teligene LTD
`218 XINGHU ST., A4-416 SUZHOU INDUSTRIAL
`PARK JIANGSU, 215123
`CHINA
`
`Goods/services subject to cancellation
`
`Class 005. First Use: None First Use In Commerce: None
`All goods and services in the class are subject to cancellation, namely: Medicines for human pur-
`poses for the treatment of cancer; medicine for human purpose for the treatment of gastrointestinal
`system, respiratory system, genitourinary system, endocrine system, nervous system, circulatory sys-
`tem and musculoskeletal system related diseases and for the treatment of colds and flu, skin dis-
`eases, tumors, dental and oral diseases; capsules for medicines, namely, coated capsule medicines
`for prevention and treatment of human diseases, namely, central nervous system diseases, peripher-
`al nervous system diseases, circulatory system diseases, digestive system diseases, antipyretic and
`analgesic purposes, non-steroidal anti-inflammatory purpose, infectious diseases, autoimmune dis-
`eases, anti-tumor purposes, hypoglycemic and diuretic purposes, vitamin and hormonal purposes;
`pharmaceutical preparations for the treatment of hematological, autoimmune, inflammatory and res-
`piratory diseases and disorders; biochemical medicines, for treating diseases of cardiovascular sys-
`tem, for treating diseases of cerebrovascular system, for use in antitumor drugs, for treating metabol-
`ic diseases, for treating nervous system diseases, for treating diseases of immune system and mus-
`culo-skeletal system; drugs for medical purposes, namely, pharmaceutical preparations for treating
`neurological disease, muscular disease, ischemic disease, renal disease, cancer; medicated oint-
`ments for pharmaceutical purposes, namely, antibiotic ointments, antiseptic ointments, anti-itch oint-
`
`

`

`ments, anti-viral ointments, medicated sunburn ointments; chemico-pharmaceutical preparations for
`the treatment of central nervous system diseases, cancer and metabolic diseases; medicines in tab-
`let form for the treatment of muscle injuries and disorders and sports related injuries and for increas-
`ing antioxidant levels, maintaining cholesterol and improving exercise, endurance, capacity, perform-
`ance and cardiovascular health; drug delivery agents in the form of powders that provide controlled
`release of the active ingredients for a wide variety of pharmaceuticals; biological preparations for
`medical purposes for the treatment of hereditary diseases, metabolic diseases, oncological diseases
`and complex multigenic diseases; anti-cancer preparations; biological preparations for the treatment
`of cancer; pharmaceutical preparations for the treatment of cancer; pharmaceutical preparations for
`the prevention and treatment of cancer; biochemical medicines for the treatment of cancer; liquid
`medicines for the treatment of cancer
`
`Grounds for cancellation
`
`Priority and likelihood of confusion
`
`Trademark Act Sections 14(1) and 2(d)
`
`Marks cited by petitioner as basis for cancellation
`
`U.S. registration
`no.
`
`4224296
`
`Register
`
`Principal
`
`Registration date
`
`10/16/2012
`
`Application date
`
`08/19/2011
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`TELLIGEN
`
`NONE
`
`Class 035. First use: First Use: Aug 18, 2011 First Use In Commerce: Aug 18,
`2011
`Health care services, namely, health care utilization and review services, health
`care cost review services
`Class 042. First use: First Use: Aug 11, 2011 First Use In Commerce: Aug 11,
`2011
`Providing on-line non-downloadable health care related software for healthcare
`utilization review, namely, maternity management, disease management and
`case management
`
`U.S. registration
`no.
`
`4337534
`
`Register
`
`Principal
`
`Registration date
`
`05/21/2013
`
`Application date
`
`06/04/2012
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`T TELLIGEN
`
`The mark consists of the stylized wording "Telligen" with a stylized "T" in the up-
`per left corner comprised of two partial curved bands.
`
`Class 035. First use: First Use: Aug 18, 2011 First Use In Commerce: Aug 18,
`2011
`Health care services, namely, health care utilization and review services, health
`care cost review services
`
`U.S. registration
`
`4333895
`
`Application date
`
`06/04/2012
`
`

`

`no.
`
`Register
`
`Principal
`
`Registration date
`
`05/14/2013
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`T TELLIGEN HEALTHCARE INTELLIGENCE
`
`The mark consists of the stylized wording "TELLIGEN" above the stylized word-
`ing "HEALTHCARE INTELLIGENCE" with a stylized "T" in the upper left corner
`comprised of two partial curved bands.
`
`Class 035. First use: First Use: Aug 18, 2011 First Use In Commerce: Aug 18,
`2011
`Health care services, namely, health care utilization and review services, health
`care cost review services
`
`U.S. registration
`no.
`
`5760235
`
`Register
`
`Principal
`
`Registration date
`
`05/28/2019
`
`Application date
`
`05/19/2017
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`TELLIGEN
`
`NONE
`
`Class 042. First use: First Use: Aug 11, 2011 First Use In Commerce: Aug 11,
`2011
`Computer software development in the field of health and human services
`
`U.S. registration
`no.
`
`7141724
`
`Register
`
`Principal
`
`Registration date
`
`08/22/2023
`
`Application date
`
`11/09/2021
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`T TELLIGEN
`
`The mark consists of a stylized letter "T" formed by two partial curved bands ap-
`pearing to the left of the wording "TELLIGEN".
`
`Class 009. First use: First Use: Aug 18, 2011 First Use In Commerce: Aug 18,
`2011
`Downloadable and recorded computer software for providing access to health,
`medical, and wellness information and resources; Downloadable and recorded
`computer software for providing access to information related to health care,
`medicine, weight management, healthy eating, nutrition, exercise, disease man-
`agement, and wellness; Downloadable and recorded computer software for al-
`lowing users to manage, track, store, and analyze health, medical, and wellness
`information
`Class 035. First use: First Use: Aug 18, 2011 First Use In Commerce: Aug 18,
`2011
`Health care cost containment services; Health care utilization and review ser-
`vices; Health care cost review services; Managed care services, namely, elec-
`tronic processing of health care information; Analysis of health care information,
`namely, business data analysis in the health care industry; Health care business
`
`

`

`management services in the field of assessment and eligibility, namely, pre-
`admission screening and resident review of nursing home facilities; Providing
`health care coordination and consumer health care navigation services for self-
`funded employers through in-person, telephonic, mobile app, and web services,
`namely, collecting and analyzing claims data from health care organizations,
`data about health care providers and patients' health histories, all for business
`purposes; Healthcare utilization management services; Medical claims case
`management services, namely, assessing health insurance claims based on the
`medical services provided to patients; Healthcare business management ser-
`vices, namely, health plan management services; Business data analytical ser-
`vices, namely, patient medical data analysis and analytics-informed evaluations
`of population health for health insurance companies and other health care deliv-
`ery organizations for managing the cost and utilization of health care services;
`Business management consulting and advisory services for employers and
`health care providers in the field of implementation and dissemination of evid-
`ence-based health practices and programs; Business management consulting
`and advisory services for health care providers and health care systems in the
`field of value-based healthcare; Promoting public awareness of health, wellness
`and nutritional changes, to corporate clients to help their employees make
`health, wellness and nutritional changes in their daily living to increase pro-
`ductivity and lower health care costs; Healthcare utilization and review services
`in the field of facilitation and coordination of health care processes for insured,
`pre-admission screening services, review of proposed health care services, util-
`ization review of pre-admission information, and quality of care evaluations;
`Medical case management and disease management services, namely, medical
`referral of individuals to appropriate health management programs; Cost man-
`agement for the health benefit plans of others; Cost management for the health
`care benefit plans of others; Consulting services, namely, consulting in health
`care utilization review; Healthcare business management consulting in the field
`of pre-admission screening and resident reviews; Providing consulting in the
`field of precertification services to self-funded employers for health care program
`costs and care; Consulting services in the field of cost management for the
`health benefit plans of others; Health care business management services in the
`field of assessment and eligibility, namely, level of care assessments; Health
`care business management services in the field of assessment and eligibility,
`namely, health risk assessments; Health care business management services in
`the field of assessment and eligibility, namely, preadmission screening; Health
`care business management services in the field of assessment and eligibility,
`namely, resident review; Health care business management services in the field
`of assessment and eligibility, namely, clinical eligibility and health care applica-
`tion processing; Business data analytical services, namely, medical data analys-
`is and algorithm-informed evaluations for employers, health insurance compan-
`ies and other healthcare delivery organizations for managing the cost and qual-
`ity of healthcare services; Business data analysis for others; Business data ana-
`lysis in the field of health care for others; Business data analysis in the field of
`medical information for others; Medical cost management; Medical case man-
`agement and disease management services, namely, medical referral of indi-
`viduals to appropriate health management programs; Cost management ser-
`vices for health benefit plans of others; Managed health care services, namely,
`electronic processing of health care information; Computerized database man-
`agement and business data analysis in the fields of medical records; Computer-
`ized health care provider business data and information management in the
`fields of health care and insurance; Identifying and coordinating human services
`associated with social determinants of health, namely, promoting business col-
`laboration within the health care community to address social barriers to health
`care and establish strategies for addressing social determinants of health;
`Providing counseling in the field of health care cost management
`Class 041. First use: First Use: Aug 18, 2011 First Use In Commerce: Aug 18,
`2011
`
`

`

`Educational services, namely, providing, classes, seminars, workshops in the
`field of health care, medicine, health insurance; Educational services, namely,
`providing educational programs in the health care field; Educational services,
`namely, providing educational programs in the fields of health care costs; Edu-
`cational services, namely, providing educational programs in the fields of health
`care cost management; Educational services, namely, providing educational
`programs in the field of population health management; Educational services,
`namely, conducting educational programs in the field of health and wellness;
`Educational services, namely, conducting educational programs in the field of
`chronic disease prevention; Educational services, namely, conducting educa-
`tional programs in the field of chronic medical condition management
`Class 042. First use: First Use: Aug 18, 2011 First Use In Commerce: Aug 18,
`2011
`Application service provider, namely, hosting, managing, developing, analyzing,
`and maintaining applications, software, and web-based applications for others in
`the field of healthcare; Application service provider, namely, hosting, managing,
`developing, analyzing, and maintaining applications, software, and web-based
`applications for others in the fields of health benefits programs; Application ser-
`vice provider, namely, hosting, managing, developing, analyzing, and maintain-
`ing applications, software, and web-based applications for others in the field of
`health risk management; Application service provider featuring software for use
`by employers and others for managing the cost and quality of healthcare ser-
`vices; Software as a service (SAAS) services, featuring software for providing
`access to and analysis of healthcare information; Platform as a service (PAAS)
`services, featuring computer software platforms for providing access to and ana-
`lysis of healthcare information; Design, development and implementation of
`medical management software; Application service provider (ASP) featuring
`software for health care plan management and administration; Implementation
`and maintenance of computer software for health care plan management and
`administration; Application service provider (ASP) featuring software to enable
`the provision of health care services and insurance; Application service provider
`(ASP) featuring software for health care plan network management; application
`service provider (ASP) featuring software for benefits administration of health
`care plans; Application service provider (ASP) featuring software for claims and
`benefits administration for managed care; Software as a service (SAAS) ser-
`vices featuring software for population health management, care coordination,
`healthcare data analytics, and data integration; Software as a services (SAAS)
`services for others in the field of healthcare featuring software for healthcare
`management and health risk management; Software as a services (SAAS) ser-
`vices for others featuring software for use in the development of software for
`data analysis; Providing on-line non-downloadable software for use in analyzing
`and managing healthcare information; Providing on-line non-downloadable soft-
`ware for analyzing and managing healthcare outcomes; Providing on-line non-
`downloadable software for analyzing and managing health care costs; Providing
`on-line non-downloadable software for analyzing, processing, editing, reviewing
`and auditing data in the fields of health care
`Class 044. First use: First Use: Aug 18, 2011 First Use In Commerce: Aug 18,
`2011
`Providing health information via a global computer network; Providing health
`care information via a global computer network; Providing health care informa-
`tion via a global computer network, namely, information related to the cost and
`quality of healthcare services for medical diagnostic or treatment purposes;
`Providing health information services; Medical health care services; Health care
`services; Health care services, namely, providing health care information in the
`nature of predictive mapping of geographic health care trends based on popula-
`tion health for medical diagnostic or treatment purposes; Medical case manage-
`ment and disease management services, namely, providing disease specific in-
`formation and medical care resources to assist patients in managing their own
`health care and to reinforce the treatment plan; Medical services, namely, ana-
`
`

`

`lyzing medical records to improve patient care; providing counseling in the field
`of health; Providing counseling in the field of health and lifestyle wellness;
`Providing health counseling in the field of chronic disease prevention and chron-
`ic medical condition management; Providing counseling in the field of health-
`care; Providing health counseling in the field of chronic disease management;
`Individualized health counseling services in the fields of health care, wellness,
`and chronic disease management
`Class 045. First use: First Use: Aug 18, 2011 First Use In Commerce: Aug 18,
`2011
`Health care advocacy services for patients and their families regarding the co-
`ordination of medical services; Health care coordination services, namely, facilit-
`ating medical care services, behavioral health services, and health care man-
`agement, namely, advocacy and health care system navigation and case man-
`agement; Individualized case management services, namely, coordinating med-
`ical, physical, social, personal care and psychological services; Providing patient
`advocate services in the fields of health care, lifestyle wellness, maternity man-
`agement, cancer treatment, acute and chronic disease management, long term
`care, and maternity care; Providing case management services in the nature of
`coordinating medical care in the fields of maternity care, chronic disease man-
`agement, transplants, cancer treatment, and transitions from health care facilit-
`ies
`
`U.S. registration
`no.
`
`7117920
`
`Register
`
`Principal
`
`Registration date
`
`07/25/2023
`
`Application date
`
`11/09/2021
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`TELLIGEN
`
`NONE
`
`Class 009. First use: First Use: Aug 18, 2011 First Use In Commerce: Aug 18,
`2011
`Downloadable and recorded computer software for providing access to health,
`medical, and wellness information and resources; Downloadable and recorded
`computer software for providing access to information related to health care,
`medicine, weight management, healthy eating, nutrition, exercise, disease man-
`agement, and wellness; Downloadable and recorded computer software for al-
`lowing users to manage, track, store, and analyze health, medical, and wellness
`information
`Class 035. First use: First Use: Aug 18, 2011 First Use In Commerce: Aug 18,
`2011
`Health care cost containment services; Health care utilization and review ser-
`vices; Health care cost review services; Managed care services, namely, elec-
`tronic processing of health care information; Analysis of health care information,
`namely, business data analysis in the health care industry; Health care business
`management services in the field of assessment and eligibility, namely, pre-
`admission screening and resident review of nursing home facilities; Providing
`health care coordination and consumer health care navigation services for self-
`funded employers through in-person, telephonic, mobile app, and web services,
`namely, collecting and analyzing claims data from health care organizations,
`data about health care providers and patients' health histories, all for business
`purposes; Healthcare utilization management services; Medical claims case
`management services, namely, assessing health insurance claims based on the
`medical services provided to patients; Healthcare business management ser-
`vices, namely, health plan management services; Business data analytical ser-
`
`

`

`vices, namely, patient medical data analysis and analytics-informed evaluations
`of population health for health insurance companies and other health care deliv-
`ery organizations for managing the cost and utilization of health care services;
`Business management consulting and advisory services for employers and
`health care providers in the field of implementation and dissemination of evid-
`ence-based health practices and programs; Business management consulting
`and advisory services for health care providers and health care systems in the
`field of value-based healthcare; Promoting public awareness of health, wellness
`and nutritional changes, to corporate clients to help their employees make
`health, wellness and nutritional changes in their daily living to increase pro-
`ductivity and lower health care costs; Healthcare utilization and review services
`in the field of facilitation and coordination of health care processes for insured,
`pre-admission screening services, review of proposed health care services, util-
`ization review of pre-admission information, and quality of care evaluations;
`Medical case management and disease management services, namely, medical
`referral of individuals to appropriate health management programs; Cost man-
`agement for the health benefit plans of others; Cost management for the health
`care benefit plans of others; Consulting services, namely, consulting in health
`care utilization review; Healthcare business management consulting in the field
`of pre-admission screening and resident reviews; Providing consulting in the
`field of precertification services to self-funded employers for health care program
`costs and care; Consulting services in the field of cost management for the
`health benefit plans of others; Health care business management services in the
`field of assessment and eligibility, namely, level of care assessments; Health
`care business management services in the field of assessment and eligibility,
`namely, health risk assessments; Health care business management services in
`the field of assessment and eligibility, namely, preadmission screening; Health
`care business management services in the field of assessment and eligibility,
`namely, resident review; Health care business management services in the field
`of assessment and eligibility, namely, clinical eligibility and health care applica-
`tion processing; Business data analytical services, namely, medical data analys-
`is and algorithm-informed evaluations for employers, health insurance compan-
`ies and other healthcare delivery organizations for managing the cost and qual-
`ity of healthcare services; Business data analysis for others; Business data ana-
`lysis in the field of health care for others; Business data analysis in the field of
`medical information for others; Medical cost management; Medical case man-
`agement and disease management services, namely, medical referral of indi-
`viduals to appropriate health management programs; Cost management ser-
`vices for health benefit plans of others; Managed health care services, namely,
`electronic processing of health care information; Computerized database man-
`agement and business data analysis in the fields of medical records; Computer-
`ized health care provider business data and information management in the
`fields of health care and insurance; Identifying and coordinating human services
`associated with social determinants of health, namely, promoting business col-
`laboration within the health care community to address social barriers to health
`care and establish strategies for addressing social determinants of health;
`Providing counseling in the field of health care cost management
`Class 041. First use: First Use: Aug 18, 2011 First Use In Commerce: Aug 18,
`2011
`Educational services, namely, providing, classes, seminars, workshops in the
`field of health care, medicine, health insurance; Educational services, namely,
`providing educational programs in the health care field; Educational services,
`namely, providing educational programs in the fields of health care costs; Edu-
`cational services, namely, providing educational programs in the fields of health
`care cost management; Educational services, namely, providing educational
`programs in the field of population health management; Educational services,
`namely, conducting educational programs in the field of health and wellness;
`Educational services, namely, conducting educational programs in the field of
`chronic disease prevention; Educational services, namely, conducting educa-
`
`

`

`tional programs in the field of chronic medical condition management
`Class 042. First use: First Use: Aug 18, 2011 First Use In Commerce: Aug 18,
`2011
`Application service provider, namely, hosting, managing, developing, analyzing,
`and maintaining applications, software, and web-based applications for others in
`the field of healthcare; Application service provider, namely, hosting, managing,
`developing, analyzing, and maintaining applications, software, and web-based
`applications for others in the fields of health benefits programs; Application ser-
`vice provider, namely, hosting, managing, developing, analyzing, and maintain-
`ing applications, software, and web-based applications for others in the field of
`health risk management; Application service provider featuring software for use
`by employers and others for managing the cost and quality of healthcare ser-
`vices; Software as a service (SAAS) services, featuring software for providing
`access to and analysis of healthcare information; Platform as a service (PAAS)
`services, featuring computer software platforms for providing access to and ana-
`lysis of healthcare information; Design, development and implementation of
`medical management software; Application service provider (ASP) featuring
`software for health care plan management and administration; Implementation
`and maintenance of computer software for health care plan management and
`administration; Application service provider (ASP) featuring software to enable
`the provision of health care services and insurance; Application service provider
`(ASP) featuring software for health care plan network management; application
`service provider (ASP) featuring software for benefits administration of health
`care plans; Application service provider (ASP) featuring software for claims and
`benefits administration for managed care; Software as a service (SAAS) ser-
`vices featuring software for population health management, care coordination,
`healthcare data analytics, and data integration; Software as a services (SAAS)
`services for others in the field of healthcare featuring software for healthcare
`management and health risk management; Software as a services (SAAS) ser-
`vices for others featuring software for use in the development of software for
`data analysis; Providing on-line non-downloadable software for use in analyzing
`and managing healthcare information; Providing on-line non-downloadable soft-
`ware for analyzing and managing healthcare outcomes; Providing on-line non-
`downloadable software for analyzing and managing health care costs; Providing
`on-line non-downloadable software for analyzing, processing, editing, reviewing
`and auditing data in the fields of health care
`Class 044. First use: First Use: Aug 18, 2011 First Use In Commerce: Aug 18,
`2011
`Providing health information via a global computer network; Providing health
`care information via a global computer network; Providing health care informa-
`tion via a global computer network, namely, information related to the cost and
`quality of healthcare services for medical diagnostic or treatment purposes;
`Providing health information services; Medical health care services; Health care
`services; Health care services, namely, providing health care information in the
`nature of predictive mapping of geographic health care trends based on popula-
`tion health for medical diagnostic or treatment purposes; Medical case manage-
`ment and disease management services, namely, providing disease specific in-
`formation and medical care resources to assist patients in managing their own
`health care and to reinforce the treatment plan; Medical services, namely, ana-
`lyzing medical records to improve patient care; providing counseling in the field
`of health; Providing counseling in the field of health and lifestyle wellness;
`Providing health counseling in the field of chronic disease prevention and chron-
`ic medical condition management; Providing counseling in the field of health-
`care; Providing health counseling in the field of chronic disease management;
`Individualized health counseling services in the fields of health care, wellness,
`and chronic disease management
`Class 045. First use: First Use: Aug 18, 2011 First Use In Commerce: Aug 18,
`2011
`
`

`

`Health care advocacy services for patients and their families regarding the co-
`ordination of medical services; Health care coordination services, namely, facilit-
`ating medical care services, behavioral health services, and health care man-
`agement, namely, advocacy and health care system navigation and case man-
`agement; Individualized case management services, namely, coordinating med-
`ical, physical, social, personal care and psychological services; Providing patient
`advocate services in the fields of health care, lifestyle wellness, maternity man-
`agement, cancer treatment, acute and chronic disease management, long term
`care, and maternity care; Providing case management services in the nature of
`coordinating medical care in the fields of maternity care, chronic disease man-
`agement, transplants, cancer treatment, and transitions from health care facilit-
`ies
`
`Attachments
`
`Petition.pdf(191658 bytes )
`Exhibits.pdf(1691642 bytes )
`
`Signature
`
`/Christopher A. Proskey/
`
`Name
`
`Date
`
`Christopher A. Proskey
`
`11/21/2023
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In re:
`For the Design Mark:
`
`Trademark Registration No. 7,003,128
`TELIGENE
`
`Telligen Corporation
`
` Petitioner,
`
`v.
`
`Suzhou Teligene LTD
`
` Registrant.
`
`Cancellation No. _______
`
`PETITION FOR CANCELLATION
`
`Petitioner, Telligen, Inc., and Iowa corporation having an address of 1776 West Lakes
`
`Pkwy, West Des Moines, IA 50266 (hereinafter "Petitioner" or "Telligen") hereby file this
`
`Petition for Cancellation pursuant to 37 C.F.R. § 2.111(b) and T.B.M.P. § 309. Petitioner
`
`believes it will be damaged by the continued registration of the mark TELIGENE as shown in
`
`U.S. Trademark Registration No. 7,003,128 in International Class 005 (hereinafter "the '128
`
`Registration") registered to Suzhou Teligene LTD (hereinafter "Registrant") and hereby
`
`petitions to cancel the same.
`
`As grounds for cancellation, Petitioner asserts that:
`
`THE '128 REGISTRATION
`
`

`

`1. Registrant has obtained the '128 Registration for the design mark TELIGENE
`
`("Registrant's Mark") with identified goods and services of "[m]edicines for human purposes
`
`for the treatment of cancer; medicine for human purpose for the treatment of gastrointestinal
`
`system, respiratory system, genitourinary system, endocrine system, nervous system, circulatory
`
`system and musculoskeletal system related diseases and for the treatment of colds and flu, skin
`
`diseases, tumors, dental and oral diseases; capsules for medicines, namely, coated capsule
`
`medicines for prevention and treatment of human diseases, namely, central nervous system
`
`diseases, peripheral nervous system diseases, circulatory system diseases, digestive system
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`diseases, antipyretic and analgesic purposes, non-steroidal anti-inflammatory purpose, infectious
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`diseases, autoimmune diseases, anti-tumor purposes, hypoglycemic and diuretic purposes,
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`vitamin and hormonal purposes; pharmaceutical preparations for the treatment of hematological,
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`autoimmune, inflammatory and respiratory diseases and disorders; biochemical medicines, for
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`treating diseases of cardiovascular system, for treating diseases of cerebrovascular system, for
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`use in antitumor drugs, for treating metabolic diseases, for treating nervous system diseases, for
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`treating diseases of immune system and musculo-skeletal system; drugs for medical purposes,
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`namely, pharmaceutical preparations for treating neurological disease, muscular disease,
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`ischemic disease, renal disease, cancer; medicated ointments for pharmaceutical purposes,
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`namely, antibiotic ointments, antiseptic ointments, anti-itch ointments, anti-viral ointments,
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`medicated sunburn ointments; chemico-pharmaceutical preparations for the treatment of central
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`nervous system diseases, cancer and metabolic diseases; medicines in tablet form for the
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`treatment of muscle injuries and disorders and sports related injuries and for increasing
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`antioxidant levels, maintaining cholesterol and improving exercise, endurance, capacity,
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`performance and cardiovascular health; drug delivery agents in the