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`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`General Contact Number: 571-272-8500
`General Email: TTABInfo@uspto.gov
`
`March 5, 2019
`
`Opposition No. 91245889
`
`Celator Pharmaceuticals, Inc.
`
` v.
`
`
`By the Trademark Trial and Appeal Board:
`
`Vytalyx Inc. dba Vytalyx
`
`On February 20, 2019, Applicant filed a stipulated renewed proposed amendment
`
`to involved application Serial No. 87719755, and Opposer's withdrawal of the
`
`opposition, contingent upon entry of the amendment.
`
`By the renewed proposed amendment, the parties agree to amend the
`
`identification of goods in International Class 5 from
`
`injectables, non-sterile
`Compounded pharmaceuticals, namely, sterile
`solutions, suspensions, ointments, creams, powders, capsules, tablets and
`troches for use in the areas of, Weight management, Erectile dysfunction
`treatment, Male hormone replacement
`treatment, Female hormone
`replacement
`treatment, Bio-identical hormone replacement, Adrenal
`dysfunction treatment, Thyroid dysfunction treatment, Pain management,
`Palliative care, Sports medicine, Amino acid replacement therapy, Mineral
`replacement therapy, Vitamin replacement therapy, Anti-aging therapy,
`Dermatology, Fertility, Growth Hormone therapy; and Anticonvulsant agents,
`Antihypertensive
`agents, Antidiabetic
`agents, Non-steroidal
`anti-
`inflammatory agents, Anesthetic agents, Vasoactive agents, Lipotropic agents,
`Chelating agents, Psychoactive agents; Compounded personalized
`pharmaceuticals, namely,
`sterile
`injectables, non-sterile
`solutions,
`suspensions, ointments, creams, powders, capsules, tablets and for use in the
`areas of, Weight management, Erectile dysfunction treatment, Male hormone
`
`
`
`
`
`Opposition No. 91245889
`
`
`replacement treatment, Female hormone replacement treatment, Bio-identical
`hormone replacement, Adrenal dysfunction treatment, Thyroid dysfunction
`treatment, Pain management, Palliative care, Sports medicine, Amino acid
`replacement therapy, Mineral replacement therapy, Vitamin replacement
`therapy, Anti-aging therapy, Dermatology, Fertility, Growth Hormone
`therapy; and Anticonvulsant agents, Antihypertensive agents, Antidiabetic
`agents, Non-steroidal anti-inflammatory agents, Anesthetic agents,
`Vasoactive agents, Lipotropic agents, Chelating agents, Psychoactive agents;
`Compounded personalized pharmaceuticals, namely, sterile injectables, non-
`sterile solutions, suspensions, ointments, creams, powders, capsules, tablets
`and
`troches based
`on medical, genetic, genomic, nutrigenomic,
`pharmacogenomic, microbiomic, metabolomic, proteomic, biochemistry,
`biomarker, health, dietary, nutrition, exercise, physical fitness, lifestyle and
`personal information for use in the areas of, Weight management, Erectile
`dysfunction treatment, Male hormone replacement treatment, Female
`hormone replacement treatment, Bio-identical hormone replacement, Adrenal
`dysfunction treatment, Thyroid dysfunction treatment, Pain management,
`Palliative care, Sports medicine, Amino acid replacement therapy, Mineral
`replacement therapy, Vitamin replacement therapy, Anti-aging therapy,
`Dermatology, Fertility, Growth Hormone therapy; and Anticonvulsant agents,
`Antihypertensive
`agents, Antidiabetic
`agents, Non-steroidal
`anti-
`inflammatory agents, Anesthetic agents, Vasoactive agents, Lipotropic agents,
`Chelating agents, Psychoactive agents; Genetic marker tests comprised of
`reagents for medical purposes; Medical diagnostic reagents and assays for
`testing of body fluids in the nature of genomic, microbiomic, metabolomic, and
`biochemical tests; Medical diagnostic test kits comprised of medical diagnostic
`reagents and assays used to collect test samples for analyzing DNA, blood,
`hair, saliva and stool information for use in DNA, blood, hair, saliva and stool
`testing of humans; Kits comprised of medical diagnostic reagents and assays
`for use in genetic, genomic, microbiomic, metabolomic, and biochemical testing;
`Kits comprised of medical diagnostic reagents and assays for use in DNA,
`blood, hair, saliva and stool testing of humans; Medical diagnostic test media
`in the form of strips, threads, swabs, cartridges, and collection tubes for
`collecting and analyzing genetic, genomic, microbiomic, metabolomic, and
`biochemical data
`
`to (additional wording in bold, deleted wording struck through)
`
`injectables, non-sterile
`Compounded pharmaceuticals, namely, sterile
`solutions, suspensions, ointments, creams, powders, capsules, tablets and
`troches for use in the areas of, Weight management, Erectile dysfunction
`treatment, Male hormone replacement
`treatment, Female hormone
`replacement
`treatment, Bio-identical hormone replacement, Adrenal
`dysfunction treatment, Thyroid dysfunction treatment, Pain management,
`
`
`
`2
`
`
`
`Opposition No. 91245889
`
`
`Palliative care, Sports medicine, Amino acid replacement therapy, Mineral
`replacement therapy, Vitamin replacement therapy, Anti-aging therapy,
`Dermatology, Fertility, Growth Hormone therapy; and Anticonvulsant agents,
`Antihypertensive
`agents, Antidiabetic
`agents, Non-steroidal
`anti-
`inflammatory agents, Anesthetic agents, Vasoactive agents, Lipotropic agents,
`Chelating agents, Psychoactive agents; Compounded personalized
`pharmaceuticals, namely,
`sterile
`injectables, non-sterile
`solutions,
`suspensions, ointments, creams, powders, capsules, tablets and for use in the
`areas of, Weight management, Erectile dysfunction treatment, Male hormone
`replacement treatment, Female hormone replacement treatment, Bio-identical
`hormone replacement, Adrenal dysfunction treatment, Thyroid dysfunction
`treatment, Pain management, Palliative care, Sports medicine, Amino acid
`replacement therapy, Mineral replacement therapy, Vitamin replacement
`therapy, Anti-aging therapy, Dermatology, Fertility, Growth Hormone
`therapy; and Anticonvulsant agents, Antihypertensive agents, Antidiabetic
`agents, Non-steroidal anti-inflammatory agents, Anesthetic agents,
`Vasoactive agents, Lipotropic agents, Chelating agents, Psychoactive agents;
`Compounded personalized pharmaceuticals, namely, sterile injectables, non-
`sterile solutions, suspensions, ointments, creams, powders, capsules, tablets
`and
`troches based
`on medical, genetic, genomic, nutrigenomic,
`pharmacogenomic, microbiomic, metabolomic, proteomic, biochemistry,
`biomarker, health, dietary, nutrition, exercise, physical fitness, lifestyle and
`personal information for use in the areas of, Weight management, Erectile
`dysfunction treatment, Male hormone replacement treatment, Female
`hormone replacement treatment, Bio-identical hormone replacement, Adrenal
`dysfunction treatment, Thyroid dysfunction treatment, Pain management,
`Palliative care, Sports medicine, Amino acid replacement therapy, Mineral
`replacement therapy, Vitamin replacement therapy, Anti-aging therapy,
`Dermatology, Fertility, Growth Hormone therapy; and Anticonvulsant agents,
`Antihypertensive
`agents, Antidiabetic
`agents, Non-steroidal
`anti-
`inflammatory agents, Anesthetic agents, Vasoactive agents, Lipotropic agents,
`Chelating agents, Psychoactive agents; Genetic marker tests comprised of
`reagents for medical purposes; Medical diagnostic reagents and assays for
`testing of body fluids in the nature of genomic, microbiomic, metabolomic, and
`biochemical tests; Medical diagnostic test kits comprised of medical diagnostic
`reagents and assays used to collect test samples for analyzing DNA, blood,
`hair, saliva and stool information for use in DNA, blood, hair, saliva and stool
`testing of humans; Kits comprised of medical diagnostic reagents and assays
`for use in genetic, genomic, microbiomic, metabolomic, and biochemical testing;
`Kits comprised of medical diagnostic reagents and assays for use in DNA,
`blood, hair, saliva and stool testing of humans; Medical diagnostic test media
`in the form of strips, threads, swabs, cartridges, and collection tubes for
`collecting and analyzing genetic, genomic, microbiomic, metabolomic, and
`biochemical data; all of the aforesaid, excluding, compounded
`
`
`
`3
`
`
`
`Opposition No. 91245889
`
`
`pharmaceuticals and compounded personalized pharmaceuticals for
`the treatment of cancer
`
`The amendment is limiting in nature, as required by Trademark Rule 2.71(a).
`
`Because Opposer consents thereto, the amendment is approved and entered. See
`
`Trademark Rule 2.133(a).
`
`The contingency in Opposer's withdrawal having now been met, and because no
`
`answer is of record, the opposition is dismissed without prejudice. See Trademark
`
`Rule 2.106(c).
`
`
`
`4
`
`
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