`Party
`
`Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA96569
`ESTTA Tracking number:
`08/28/2006
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91171918
`Defendant
`Regeneration Technologies, Inc.
`Regeneration Technologies, Inc.
`1 Innovation Drive
`Alachua, FL 32615
`
`Correspondence
`Address
`
`RONALD A. DICERBO
`MCANDREWS, HELD & MALLOY
`500 W MADISON ST FL 34
`CHICAGO, IL 60661-4544
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`Answer
`Ronald A DiCerbo
`rdicerbo@mhmlaw.com
`/Ronald A DiCerbo/
`08/28/2006
`Answer.pdf ( 3 pages )(107568 bytes )
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`BIOSURFACE ENGINEERING
`
`TECHNOLOGIES, INC.,
`Opposer
`
`V-
`
`REGENERATION TECHNOLOGIES,
`
`INC.,
`
`Applicant
`
`\y\/\/\/s/g/\y\&\./\/\/9
`
`Opposition No. 91~l7l,918
`
`APPLICANT’S ANSWER TO OPPOSER'S NOTICE OF OPPOSITION
`
`Applicant, Regeneration Technologies,
`
`Inc., by its attorneys, McAndrews, Held &
`
`Malloy LLP, for its Answer to the Notice of Opposition, answers as follows:
`
`1. Applicant denies knowledge or infoiination sufficient to form a belief as to the truth or
`
`falsity of the allegation set forth in paragraph 1 of Opposer’s Notice of Opposition.
`
`Applicant denies knowledge or information sufficient to form a belief as to the truth or
`
`falsity of the allegation set forth in paragraph 2 of Opposer’s Notice of Opposition.
`
`. Applicant admits that on August 26, 2005,
`
`it filed Application Serial No. 78/701644
`
`under Section l(b) to register the mark BIOSET for the goods “biological bone tissue
`
`intended for subsequent
`
`implantation; bone fillers consisting of living materials;
`
`biological filling materials, namely, putty for use in the replacement of bones; synthetic
`
`substitute for a portion of bone or for a bone defect; synthetic biological filler and
`
`extender material to serve as replacement for bone.” Applicant denies the remainder of
`
`the allegations set forth in paragraph 3 of Opposer’s Notice of Opposition.
`
`Applicant admits the allegation set
`
`forth in paragraph 4 of Opposer’s Notice of
`
`Opposition.
`
`Page 1 of 3
`
`
`
`5. Applicant denies the allegation set
`
`forth in paragraph 5 of Opposer’s Notice of
`
`Opposition.
`
`6. Applicant admits the allegation set
`
`foith in paragraph 6 of Opposer’s Notice of
`
`Opposition.
`
`7. Applicant denies the allegation set
`
`forth in paragraph 7 of Opposer’s Notice of
`
`Opposition.
`
`FIRST DEFENSE
`
`There is no likelihood of confusion between Opposer’s BIOSET mark and Applicant’s
`
`BIOSET mark because the goods and services for which the marks are used are noncompetitive
`
`and unrelated. Fuither, Opposer’s services and Applicant’s goods are sold to different classes of
`
`sophisticated consumers through different trade channels.
`
`Dated: August 28, 2006
`
`Respectfully submitted,
`
`/”7
`
`By: //’< 4/47 ,4 417» dz“-
`
`Ronald A. DiCerbo
`
`McAndrews, Held & Malloy, Ltd.
`500 West Madison St.; Suite 3400
`
`Chicago, Illinois 60661
`Telephone: (312) 775-8000
`Facsimile: (312) 775-8100
`
`Page 2 of 3
`
`
`
`CERTIFICATE OF FILING
`
`I certify that, on August 28, 2006, I filed the foregoing APPLICANT’S ANSWER TO
`
`OPPOSER’S NOTICE OF OPPOSITION with the Trademark Trial and Appeal Board Via the
`
`Electronic System for Tradeinark Trials and Appeals.
`
`//(:A\,(,:,.t7 // J7.
`
`CERTIFICATE OF SERVICE
`
`I certify that, on August 28, 2006, I served a true and correct copy of the foregoing
`
`APPLICANT’S ANSWER TO OPPOSER’S NOTICE OF OPPOSITION by first class mail,
`
`postage paid, to the following:
`
`Janeen Vilven
`
`PEACOCK, MYERS, P.C.
`PO. Box 26927
`
`Albuquerque, New Mexico 87125
`
`/,1? ,4 40 641.-
`
`Page 3 of 3
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