Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1280633
`04/25/2023
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Application serial no.
`
`Applicant
`
`79320584
`
`bitop Aktiengesellschaft (bitop AG)
`
`Notice of Appeal
`
`Notice is given that bitop Aktiengesellschaft (bitop AG) appeals to the Trademark Trial and Appeal Board the
`refusal to register the application or the cancellation of the registration. A request for reconsideration has
`been filed. A suspension of the appeal is requested pending reconsideration.
`
`The following goods or services are at issue on appeal:
`- Class 001. First Use: None First Use In Commerce: None
`All goods and services in the class are appealed, namely: Chemical substances, chemical materials and
`chemical preparations and natural elements, in particular biological preparations for use in industry and
`science; biological preparations for use in industry; biological preparations for use in science; biological
`substances other than for medical or veterinary use; moistening agents; chemical substances for use as
`adsorbents for inhalant gases; filtering materials of chemical substances; filtering materials of mineral sub-
`stances; propellant gases for aerosols; preservatives for use in pharmaceutical preparations
`- Class 005. First Use: None First Use In Commerce: None
`All goods and services in the class are appealed, namely: Medical and veterinary preparations and art-
`icles, namely, articles in the form of substances which prevent, detect, monitor or alleviate diseases; med-
`ical and veterinary preparations and articles, namely, medicaments and natural remedy preparations; bio-
`logical adjuvants for medical purposes; chemical adjuvants for medical purposes; eye drops; anti-
`inflammatory gels; anti-inflammatory preparations; anti-inflammatory ointments; anti-inflammatory sprays;
`gases for medicinal purposes; sanitary preparations and articles; sanitary preparations and articles, in par-
`ticular medicated sanitary preparations; inhalation preparations; solutions for medicinal purposes for
`washing the nasal passages, namely, nasal rinse; medicated lozenges; medicated mouthwashes; medic-
`ated ointments for treating dermatological conditions; medicated ointments for application to the skin;
`medicated ointments for application to the mucous membrane; eye ointments being eye drops for medical
`use; medicated sprays; medicated throat sprays; medicated dressings, drapes and applicators; medicated
`eye compresses for medical use; preparations for topical use; preparations for moistening the eyes,
`namely, eye drops; decongestants for the nose; nasal sprays for medical purposes; nasal drops; pharma-
`ceutical preparations and substances having anti-inflammatory properties; pharmaceutical being medic-
`ated throat sprays; cleansing solutions for medical use; decongestant sprays for decongesting the mucous
`membrane of the nose; medicated throat sprays for use in the throat; sprays in aerosol form for use on the
`skin; sterile solutions for medical purposes; drops for medical purposes; sanitary preparations for medical
`purposes; sanitary preparations and articles, in particular eye washes
`- Class 010. First Use: None First Use In Commerce: None
`All goods and services in the class are appealed, namely: Medical and veterinary apparatus and instru-
`ments; medical and veterinary apparatus and instruments, in particular aerosol dispensers for medical
`purposes; eye baths; eye wash cups for medical purposes; eye drop guides; humidifiers for medical pur-
`poses; humidifiers for use with respiratory therapy apparatus for medical use; electric nasal irrigators;
`electric vaporisers for administering steam inhalants; electric nebulisers for medical purposes; chambers
`for inhalers; inhalers for medical use; inhalers for the administration of medicaments for medical use; in-
`halers for medical purposes, sold empty; inhalers for the vaporisation of para-medical substances for med-
`ical purposes; medical apparatus to facilitate the inhalation of pharmaceutical preparations; medical in-
`halers; nasal irrigators, electric; non-electric nasal irrigators; aerosol cans being aerosol dispensers for
`medical purposes; spray bottles, namely, vaporizers for medical use; hand sprayers, hand operated, for
`medical use
`Respectfully submitted,
`/rsb/
`04/25/2023
`
`

`

`ROBERT S. BRODER
`COLLARD & ROE, P.C.
`1077 NORTHERN BLVD.
`ROSLYN, NY 11576
`UNITED STATES
`Primary email: rbroder@collardroe.com
`Secondary email(s): tm@collardroe.com, law@collardroe.com
`5162820224
`Docket no.
`
`037447
`
`