`ESTTA1136382
`05/26/2021
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`
`Opposer Information
`
`Name
`
`Entity
`
`Address
`
`Attorney informa-
`tion
`
`SYNGENTA PARTICIPATIONS AG
`
`Aktiengesellschaft
`
`Citizenship
`
`Switzerland
`
`SCHWARZALDALLEE 215
`BASEL, 4058
`SWITZERLAND
`
`JOVAN N. JOVANOVIC
`THE WATSON IP GROUP, PLC
`3133 HIGHLAND DR.
`SUITE 200
`HUDSONVILLE, MI 49426
`UNITED STATES
`Primary Email: docketing@watson-ip.com
`Secondary Email(s): jjovanovic@watson-ip.com, sstumpo@watson-ip.com,
`global.trademarks@syngenta.com
`6167971000
`
`Docket Number
`
`IPA211581
`
`Applicant Information
`
`Application No.
`
`90266151
`
`Publication date
`
`04/27/2021
`
`Opposition Filing
`Date
`
`Applicant
`
`05/26/2021
`
`Opposition Peri-
`od Ends
`
`05/27/2021
`
`Meristem Crop Performance Group, LLC
`12 VILLAGE POINTE DR
`POWELL, OH 43065
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 001. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: plant growth regulators for agricultural use;
`substances for regulating plant growth; plant growth nutrients for agricultural use
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`1251458
`
`Application Date
`
`03/11/1982
`
`Registration Date
`
`09/20/1983
`
`Foreign Priority
`
`NONE
`
`
`
`Word Mark
`
`Design Mark
`
`PRIME +
`
`Date
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 005. First use: First Use: 1982/01/05 First Use In Commerce: 1982/01/05
`Chemical Plant Growth Regulator for theControl of Undesired Axillary Branchin-
`gof Tobacco Plants
`
`Attachments
`
`73354140#TMSN.png( bytes )
`NoticeofOppositionIPA211581.pdf(277914 bytes )
`
`Signature
`
`/s Jovan N. Jovanovic/
`
`Name
`
`Date
`
`Jovan N. Jovanovic
`
`05/26/2021
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Syngenta Participations AG
`
`
`
`v.
`
`
`Meristem Crop Performance Group, LLC
`
`
`
`Opposer,
`
`Applicant.
`
`
`
`
`
`
`
`
`
`
`
`
`Opposition No.__________________
`
`Serial No.: 90/266,151
`
`Mark: NUTRIPRIME
`
`
`
`
`
`
`
`NOTICE OF OPPOSITION
`
`
`
`Commissioner for Trademarks
`P.O. BOX 1451
`Alexandria, VA 22313-1451
`
`
`Dear Sir or Madam:
`
`
`
`Syngenta Participations AG (“Opposer”), a Aktiengesellschaft, organized under the laws
`
`of Switzerland, having an address of Schwarzwaldallee 215, Basel, 4058, Switzerland, believes it
`
`will be damaged by registration of U.S. Trademark Application Serial No. 90/266,151
`
`(“Application”) for the mark NUTRIPRIME (“Applicant’s Mark”), filed on October 20, 2020,
`
`by Meristem Crop Performance Group, LLC, a Limited Company organized under the laws of
`
`Delaware having an address of 12 Village Pointe Dr., Powell, Ohio, 43065 United States
`
`(“Applicant”) and hereby opposes the same.
`
`
`
`
`
`
`
`
`
`As grounds for opposition, it is alleged:
`
`1.
`
`By the Application filed on October 20, 2020, Applicant seeks to obtain
`
`registration on the Principal Register for the trademark NUTRIPRIME for plant growth
`
`regulators for agricultural use; substances for regulating plant growth; plant growth nutrients
`
`for agricultural use in International Class 001. (“Applicant’s Goods”). The Application was filed
`
`based on Applicant’s bona fide intent to use the subject mark in commerce.
`
`2.
`
`Opposer is a leading global agriculture company that helps improve global food
`
`security by enabling millions of farmers to make better use of available resources. Opposer’s
`
`goods support a broad array of applications, but not limited to, crop protection, healthy soil and
`
`better vegetable availability on the shelf.
`
`3.
`
`Since at least as early as January 5, 1982, long before Applicant filed the
`
`Application, Opposer has provided and continues to provide its goods in connection with
`
`Opposer’s registered , hereinafter referred to as PRIME + (“Opposer’s Mark).
`
`4.
`
`Opposer through substantial use and promotion, has acquired significant goodwill
`
`and consumer recognition it its PRIME + mark. Opposer’s Mark is strong and well-known.
`
`5.
`
`To protect its substantial goodwill and investment in its PRIME + mark, in
`
`addition to any common law rights, Opposer is the owner of U.S. Registration No. 1251458 for
`
`Chemical Plant Growth Regulator for the Control of Undesired Axillary Branching of Tobacco
`
`Plants in International Class 005. Opposer first used the PRIME + Registration for over thirty-
`
`eight and a half (38.5) years before Applicant filed the Application. True and correct copies of
`
`the specifics of the PRIME + Registration obtained from the PTO’s TESS database is attached
`
`hereto as Exhibit A and made of record.
`
`
`
`6.
`
`Hereinafter in the Notice of Opposition, the goods identified in Opposer’s Federal
`
`registration as specified in Paragraph 5 above are valid, subsisting, unrevoked, and uncancelled.
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`As such, they constitute prima facie evidence of the validity of the registered mark and of the
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`registration thereof, Opposer’s ownership of the PRIME + mark shown therein, and Opposer’s
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`exclusive right to use the registered mark in commerce in connection with the goods named
`
`therein, without condition or limitation. The Federal registration also constitutes notice to
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`Applicant of Opposer’s claim of ownership of the PRIME + mark shown therein, all as provided
`
`in Sections 7(b), 22 and 33(a) of the Trademark Act, as amended.
`
`7.
`
`Further, Opposer’s Federal registration as specified in Paragraph 5 above is
`
`incontestable. Section 15 of the Trademark Act, 15 U.S.C § 1065. Therefore, the registration
`
`constitutes conclusive evidence of the validity of the registered mark and of the registration of
`
`the mark, of Opposer’s ownership of its mark, and of Opposer’s exclusive right to use the
`
`registered mark in commerce as provided in Section 33 of the Lanham Act, 15 U.S.C. § 1115.
`
`8.
`
`Opposer’s first use date, filing date, and registration date for the Federal
`
`registration specified in Paragraph 5 substantially precede the Application’s filing date.
`
`Accordingly, Applicant knew or should have known of Opposer’s ownership, use and
`
`registration of the PRIME + mark prior to the filing date of the Application.
`
`9.
`
`In addition to the protection afforded to Opposer by its Federal trademark
`
`registration, Opposer has extensive common law rights in its PRIME + mark in connection with
`
`the goods with which Opposer uses the PRIME + mark, including without limitation, Opposer’s
`
`Goods, throughout the United States. Opposer has acquired such common law rights through
`
`long-standing, exclusive use of its PRIME + mark in interstate commerce for over thirty-eight
`
`
`
`and a half (38.5) years. Opposer’s common law rights in its PRIME + mark were established
`
`long before and predate the filing of the Application.
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`10.
`
`Opposer additionally relies on the foregoing senior common law trademark rights
`
`in Opposer’s PRIME + mark as a ground for this Opposition.
`
`11.
`
`Applicant’s NUTRIPRIME mark and Opposer’s PRIME + mark are highly
`
`similar in sight, sound, meaning and commercial impression.
`
`12.
`
`Applicant’s Goods are highly related to Opposer’s Goods.
`
`13.
`
`Applicant’s consumers and trademark channels are identical or overlapping with
`
`Opposer’s consumers and trade channels.
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`14.
`
`Applicant’s use of the NUTRIPRIME mark will result in confusion by third
`
`parties with Opposer’s PRIME + mark.
`
`15.
`
`In view of the above, it is alleged that Applicant’s NUTRIPRIME mark so
`
`resembles Opposer’s PRIME + mark that Applicant’s mark will likely cause, and continue to
`
`cause, confusion or cause mistake or deceive under Section 2(d) of the Trademark Act, 15 U.S.C.
`
`§ 1052(d). In view of Opposer’s prior statutory and common law trademark rights, Applicant is
`
`not entitled to registration of Applicant’s mark subject to the Application for the identified
`
`Applicant’s Goods pursuant to Section 2(d) of the Trademark Act, 15 U.S.C. § 1052(d).
`
`16.
`
`By reason of the foregoing, Opposer will be damaged by the Registration of U.S.
`
`Application Serial No. 90/266,151 for NUTRIPRIME.
`
`
`
`
`
`
`
`WHEREFORE, Opposer requests that U.S. Trademark Application Serial No. 90/266,151
`
`be rejected and stricken, that no registration be issued thereon to Applicant, and that this opposition
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`be sustained in favor of Opposer.
`
`
`
`
`
`
`
`
`
`
`
` Respectfully submitted,
`
`Dated: May 26, 2021
`
`
`
`
`
`
`
`
`THE WATSON IP GROUP, PLC
`
`
`
`/s Jovan N. Jovanovic/
`
`Jovan N. Jovanovic (Reg. No. 40039)
`Samantha Stumpo
`3133 Highland Drive, Suite 200
`Hudsonville, Michigan 49426
`Tel: (616) 797-1000
`Fax: (866) 369-7391
`jjovanovic@watson-ip.com
`sstumpo@watson-ip.com
`
`Attorneys for Opposer
`Syngenta Participations AG
`
`
`
`
`
`
`
`
`EXHIBIT A
`EXHIBIT A
`
`
`
`5/26/2021
`
`Trademark Electronic Search System (TESS)
`
`United States Patent and Trademark Office
`
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`Word Mark
`Goods and
`Services
`Mark Drawing
`Code
`Design Search
`Code
`Serial Number 73354140
`Filing Date
`March 11, 1982
`Current Basis 1A
`Original Filing
`1A
`Basis
`Published for
`Opposition
`Registration
`Number
`Registration
`Date
`Owner
`
`PRIME +
`IC 005. US 006. G & S: Chemical Plant Growth Regulator for the Control of Undesired Axillary Branching of
`Tobacco Plants. FIRST USE: 19820105. FIRST USE IN COMMERCE: 19820105
`(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
`
`24.17.06 - Plus symbol (+)
`
`June 28, 1983
`
`1251458
`
`September 20, 1983
`
`(REGISTRANT) CIBA-GEIGY CORPORATION CORPORATION NEW YORK 7 SKYLINE DRIVE HAWTHORNE
`NEW YORK 10532
`
`(LAST LISTED OWNER) SYNGENTA PARTICIPATIONS AG CORPORATION SWITZERLAND Schwarzaldallee
`215 Basel SWITZERLAND CH-4058
`ASSIGNMENT RECORDED
`
`Jovan N. Jovanovic
`
`Assignment
`Recorded
`Attorney of
`Record
`Prior
`Registrations 1167966
`Type of Mark
`TRADEMARK
`Register
`PRINCIPAL
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`Trademark Electronic Search System (TESS)
`5/26/2021
`Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20140408.
`Renewal
`2ND RENEWAL 20140408
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