‘ U.s. Pawn: A TMOfcITM Mail Hcpt oz. 4,30
`IN THE UNITED STATES PATENT AND TRADEMARK O:Fl+'l(,'E
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`1 0-31 -2002
`
`La Vida Medical Group, Inc.,
`
`Opposition No.:
`
`I
`
`Opposer,
`
`Application Serial No.: 78/071,740
`
`V.
`
`ED Quality Solutions, Inc.,
`
`Applicant.
`
`
`
`Mark: BRINGING QUALITY TO THE
`POINT OF CARE
`
`‘
`Published for Opposition: July 30, 2002
`
`Our Ref. No.: 58668-0014
`
`C’l\J
`
`11/08/E002 KGIBBDNS 00000163 78071740
`
`01 FC:640'r.’
`
`600.00 DP
`
`NOTICE OF OPPOSITION
`
`I
`
`fl‘
`
`7‘:
`‘*9
`
`Commissioner for Trademarks
`
`Box TTAB/Fee
`
`2900 Crystal Drive
`Arlington, VA 22202-3513
`
`CERTIFICATE‘ OF MAILING
`
`I hereby certify that this correspondeqce is being deposited with the United
`States Postal Service as First Class mail, postage prepaid,
`in an envelope
`addressed to Commissioner for Trade a;rks, Box TTAB/Fee, 2900 Crystal Drive,
`Ar|ington,rginia 22202—§513 on ctoer 28. 2002.
`
`
`
`Opposer, La Vida Medical Group, Inc., a California corporation ("Opposer"),
`
`having an address of 4161 Redondo Beach Blvd. , Suite 201, Lawndale, California 90260,
`
`believes that it is and will be damaged by the registration on the Principal Register of
`
`BRINGING QUALITY TO THE POINT OF CARE in connection with "employment staffing
`
`services in the field of healthcare, and business and emergency healthcare management
`l
`
`consultation services for emergency healthcare providers" in International (Flass 35 and
`
`ll
`
`LA 3012061 v1
`
`iF
`ll
`
`I
`[l
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK O:Fl+'l(,'E
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`1 0-31 -2002
`
`La Vida Medical Group, Inc.,
`
`Opposition No.:
`
`I
`
`Opposer,
`
`Application Serial No.: 78/071,740
`
`V.
`
`ED Quality Solutions, Inc.,
`
`Applicant.
`
`
`
`Mark: BRINGING QUALITY TO THE
`POINT OF CARE
`
`‘
`Published for Opposition: July 30, 2002
`
`Our Ref. No.: 58668-0014
`
`C’l\J
`
`11/08/E002 KGIBBDNS 00000163 78071740
`
`01 FC:640'r.’
`
`600.00 DP
`
`NOTICE OF OPPOSITION
`
`I
`
`fl‘
`
`7‘:
`‘*9
`
`Commissioner for Trademarks
`
`Box TTAB/Fee
`
`2900 Crystal Drive
`Arlington, VA 22202-3513
`
`CERTIFICATE‘ OF MAILING
`
`I hereby certify that this correspondeqce is being deposited with the United
`States Postal Service as First Class mail, postage prepaid,
`in an envelope
`addressed to Commissioner for Trade a;rks, Box TTAB/Fee, 2900 Crystal Drive,
`Ar|ington,rginia 22202—§513 on ctoer 28. 2002.
`
`
`
`Opposer, La Vida Medical Group, Inc., a California corporation ("Opposer"),
`
`having an address of 4161 Redondo Beach Blvd. , Suite 201, Lawndale, California 90260,
`
`believes that it is and will be damaged by the registration on the Principal Register of
`
`BRINGING QUALITY TO THE POINT OF CARE in connection with "employment staffing
`
`services in the field of healthcare, and business and emergency healthcare management
`l
`
`consultation services for emergency healthcare providers" in International (Flass 35 and
`
`ll
`
`LA 3012061 v1
`
`iF
`ll
`
`I
`[l
`
`
`
`
`
`I1
`
`"[h]ealthcare consulting services, and physician services for emergency healthcare service
`
`providers" in International Class 42 , which is the subject of Application Serial No.
`
`78/071,740 by Applicant, ED Quality Solutions, Inc., an Ohio corporation? (hereinafter,
`
`"Applicant"), having an address of 1940 Huntington Bldg. , '925'Euclid Avenue, Cleveland,
`
`Ohio 44115, and Opposer hereby opposes same. Opposer timely filed a First Request for
`
`Extension of Time to File Opposition on August 27, 2002, thereby extending the deadline for
`
`opposing this application from August 29, 2002 to September 28, 2002. Opposer timely filed
`
`a Second Request for Extension of Time to File Opposition on September 28, 2002, thereby
`I7
`
`extending the deadline for opposing this application to October 28, 2002.
`
`‘
`
`As grounds for this opposition, it is alleged:
`
`1.
`
`Since 1999, Opposer has provided physician and medical services,
`
`including emergency medical assistance, medical counseling and medical information, among
`other services, to consumers under the marks BRINGING QUALITY TO LIFE! and LA
`
`VIDA MEDICAL GROUP & IPA BRINGING QUALITY TO LIFE!.
`
`2.
`
`Opposer is the owner of federal trademark Registration No. 2,406,414
`
`issued on November 21, 2000 for the mark BRINGING QUALITY T0 LIFE! and federal
`
`trademark Registration No. 2,410,771, issued on December 5, 2000 for the mark LA VIDA
`
`MEDICAL GROUP & IPA BRINGING QUALITY TO LIFE! (collectively, "Opposer's
`
`marks"), both of which are registered in connection with "physician services; cosmetic and
`
`plastic surgery; medical services, namely, emergency medical assistance, medical clinics,
`
`maintaining files and records concerning the medical condition of individ1ials, medical
`
`illr
`
`LA 3012061 vl
`
`
`
`
`
`counseling, maintaining personal medical history records and files, providing medical
`
`information, medical laboratories, medical research, in vitro fertilization, medical testing;
`I
`
`rental of medical equipment" in International Class 35 (collectively, "Opposer's services").
`1r
`
`Opposer owns the above registrations and marks shown therein, as well all of the business and
`
`goodwill connected therewith.
`
`3.
`
`Applicant is the owner of record of federal trademark Application Serial
`
`N0. 78/071,740 filed on June 29, 2001 for registration of the mark BRIN(;}ING QUALITY
`
`TO THE POINT OF CARE for use in connection with "employment staffing services in the
`
`field of healthcare, and business and emergency healthcare management consultation services
`
`for emergency healthcare providers" in International Class 35 and "[h]ealthcare consulting
`
`services, and physician services for emergency healthcare service providers" in International
`2
`
`Class 42 (collectively, "Applicant's services").
`
`ll
`I
`
`4.
`
`Applicant filed Application Serial No. 78/071,740 as an intent—to-use
`
`application and alleges that it first used the mark BRINGING QUALITY TO THE POINT OF
`
`CARE in commerce on August 1, 2001.
`
`5.
`
`Since at least as early as 1999, and long prior to June 29, 2001 filing
`!
`date of Applicant's application, Opposer continuously has used Opposer"s marks in connection
`9
`
`with Opposer's services and has advertised and promoted its marks in connection with such
`
`services. As a result of Opposer's efforts, Opposer's marks have become associated
`V
`
`exclusively with Opposer and its services in the United States.
`
`In addition, as a result of
`l
`
`Opposer's advertising and promotion of its marks, and by virtue of the excellence of the
`
`LA 3012061 vl
`
`
`
`
`
`l
`
`IiIi
`
`services offered and provided in connection therewith, Opposer has built a valuable
`
`reputation and tremendous goodwill in Opposer’s marks belonging exclusively to Opposer.
`I
`
`Pursuant to Section 13(a) of the Trademark Act (15 [‘lI.S.C. §1063(a)),
`6.
`Opposer believes it will be damaged by the registration of BRINGING QULALITY TO THE
`
`POINT OF CARE in connection with Applicant's services in International Classes 35 and 42.
`
`Applicant's mark BRINGING QUALITY TO THE POINT OF CARE so
`7.
`resembles Opposer’s marks in appearance, sound and connotation, as to be likely, when used
`
`in connection with the Applicant's services, to cause confusion, or to cause mistake, or to
`
`deceive. Consumers will incorrectly believe that Applicant's use of BRINGING QUALITY
`
`TO THE POINT OF CARE in connection with Applicant's services is in some way associated
`
`or connected with or sponsored, authorized or warranted by Opposer, which is not the case.
`
`Any objection or fault found with Applicant's services offered and provided under the mark
`
`I
`
`BRINGING QUALITY TO THE POINT OF CARE would reflect negatively upon and
`
`seriously injure the reputation that Opposer has established in Opposer’s marks.
`
`8.
`
`Applicant's use and registration of BRINGING QUALITY TO THE
`
`POINT OF CARE in connection with Applicant's services is also likely to dilute the distinctive
`
`quality of Opposer’s marks.
`
`9.
`
`If Applicant is granted registration of BRINGING QUALITY TO THE
`
`POINT OF CARE, it will obtain at least a prima facie exclusive right to the use of the mark in
`
`connection with Applicant's services, which will be a source of damage and injury to Opposer.
`l
`
`///
`
`LA 3012061 v1
`
`~,
`
`
`
`
`
`WHEREFORE, in accordance with Section 13 of the Trademixrk Act (15
`
`U.S.C. §1063), Opposer prays that this opposition be sustained and that Application Serial
`
`No.78/071,740 be refused registration.
`
`The required fee of six hundred dollars ($600) is enclosed. Please charge any
`
`deficiency or credit any overpayment to Deposit Account No. 10-0440.
`
`A duplicate copy of the Notice of Opposition is filed herewith.
`
`I
`Respectfully submitted,
`JEFFER, MANGELS, BUTLER & MARMARO LLP
`\
`
`E C
`
`hristina Harvell Brown
`
`Attorneys for Opposer
`JEFFER, MANGELS, BUTLER & MARMARO LLP
`
`1900 Avenue of the Stars
`Suite 700
`
`.
`
`Los Angeles, California 90067 L
`Tel.: (310) 203-8080
`§
`Fax: (310) 203-0567
`
`PLEASE NOTE THAT
`
`our new address is:
`
`Jeffer, Mangels, Butler & Marm‘aro LLP
`1900 Avenue of the Stars, Suite 700
`
`Los Angeles, CA 90067-4308
`Phones, faxes and e-mail remain the same
`
`Dated: October 28, 2002
`
`LA 3012061 V1
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
