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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA776267
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`Filing date:
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`10/12/2016
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
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`91229881
`
`Party
`
`Correspondence
`Address
`
`Defendant
`QuickCheck Health, Inc.
`
`JOHN PICKERILL
`FREDRIKSON & BYRON, P.A.
`200 S 6TH ST STE 4000
`MINNEAPOLIS, MN 55402-1425
`
`Submission
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`Filer's Name
`
`Filer's e-mail
`
`Signature
`
`Date
`
`ip@fredlaw.com
`
`Answer
`
`Courtney Thompson
`
`cthompson@fredlaw.com
`
`/Courtney Thompson/
`
`10/12/2016
`
`Attachments
`
`Answer to Notice of Opposition QUICKCHECK HEALTH.pdf(251343 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`Opposition No. 91229881
`
`Serial No. 86304271
`Mark: QUICKCHECK
`HEALTH
`
`
`
`
`Roche Diabetes Care GmbH, Roche
`Diagnostics Operations, Inc., and Roche
`Diabetes Care, Inc.,
`
`
`
`
`
`Opposers,
`
`
`
`v.
`
`QuickCheck Health, Inc.,
`
`Applicant.
`
`_____________________________________
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
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`
`
`ANSWER TO NOTICE OF OPPOSITION
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`
`
`
`
`
`
`
`
`
`Applicant, QuickCheck Health, Inc., for its answer to the Notice of Opposition filed by
`
`Opposers, Roche Diabetes Care GmbH, Roche Diagnostics Operations, Inc., and Roche Diabetes
`
`Care, Inc., denies each and every allegation contained therein except as expressly admitted or
`
`otherwise alleged as follows:
`
`1.
`
`Applicant admits the allegations contained in Paragraph 1 of the Notice of
`
`Opposition.
`
`2.
`
`Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations contained in Paragraph 2 of the Notice of Opposition and therefore denies
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`same.
`
`3.
`
`Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations contained in Paragraph 3 of the Notice of Opposition and therefore denies
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`same.
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`4.
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`Applicant is without knowledge or information sufficient to form a belief as to the
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`

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`truth of the allegations contained in Paragraph 4 of the Notice of Opposition and therefore denies
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`same.
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`5.
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`Applicant is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations contained in Paragraph 5 of the Notice of Opposition and therefore denies
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`same.
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`6.
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`Applicant denies the allegations contained in Paragraph 6 of the Notice of
`
`Opposition.
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`7.
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`Applicant denies the allegations contained in Paragraph 7 of the Notice of
`
`Opposition.
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`8.
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`Applicant denies the allegations contained in Paragraph 8 of the Notice of
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`Opposition. Applicant amended its application on September 29, 2016 to cover “At-home
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`medical diagnostic testing apparatus and instruments for the analysis of body fluids and to test
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`for common illnesses, excluding diagnostic testing apparatus and instruments for use in blood
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`glucose monitoring” in International Class 10.
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`9.
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`Applicant denies the allegations contained in Paragraph 9 of the Notice of
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`Opposition.
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`10.
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`Applicant denies the allegations contained in Paragraph 10 of the Notice of
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`Opposition.
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`11.
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`Applicant denies the allegations contained in Paragraph 11 of the Notice of
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`Opposition.
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`12.
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`Applicant denies the allegations contained in Paragraph 12 of the Notice of
`
`Opposition.
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`13.
`
`Applicant denies the allegations contained in Paragraph 13 of the Notice of
`
`
`
`2
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`

`

`Opposition.
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`14.
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`Applicant denies the allegations contained in Paragraph 14 of the Notice of
`
`Opposition.
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`DEFENSES
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`First Defense
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`Opposer fails to state a claim upon which relief can be granted.
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`Second Defense
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`There is no likelihood of confusion, mistake, deception, or untrue sponsorship because, inter
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`alia, Applicant’s Serial No. 86304271 and Registration Nos. 1277867; 2403536; 2628696;
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`2651417; 2681644; 2703048; 2732629; 3071846; 3076905; 3127170; 3194287; 3199675;
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`3202402;
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`3256740;
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`3411797;
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`3481185;
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`3602825;
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`3602826;
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`3609052;
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`3703434;
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`3991902;4214217; 4230563; 3016330; 4709608; 4846710; and 4592941 are not confusingly
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`similar in appearance, sound, or meaning, particularly, in light of the goods and services covered
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`by the respective application and registrations.
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`PRAYER FOR RELIEF
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`
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`WHEREFORE, Applicant prays for judgment that the Board dismisses Opposition No.
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`91228436 with prejudice and permit registration of Applicant’s mark as set forth in Application
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`Serial No. 86304271.
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`
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`Please address all communication to Courtney Thompson, Fredrikson & Byron, P.A.,
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`Suite 4000, 200 South Sixth Street, Minneapolis, Minnesota, 55402-1425.
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`Dated: October 12, 2016
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`3
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`

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`Courtney Thompson
`John Pickerill
`Fredrikson & Byron, P.A.
`200 Sixth Street South, Suite 4000
`Minneapolis, MN 55402-1425
`(t) (612) 492-7000
`(f) (612) 492-7077
`ip@fredlaw.com; cthompson@fredlaw.com
`Attorneys for Applicant
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`4
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`

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`CERTIFICATE OF SERVICE
`
`
`I hereby certify that a true copy of the ANSWER TO NOTICE OF OPPOSITION was
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`served by United States mail on the attorney of record for Opposer in this action, Jonathan P.
`Froemel, Barnes & Thornburg LLP, PO Box 2786, Chicago, IL 60609-2786, by mailing it to his
`address of record by first class mail, postage prepaid, this 12th day of October, 2016.
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`Courtney Thompson
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`5
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`

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