`ESTTA1283932
`05/09/2023
`
`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
`
`Granted to date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`Biological E. Ltd
`
`05/10/2023
`
`LAKSHMI BUILDING, 3RD FLOOR
`18/1 & 3, AZAMABAD
`HYDERABAD - 50 0020 STATE OF TELANGANA, 0
`INDIA
`
`RICHARD B. BIAGI
`NEAL & MCDEVITT, LLC
`1776 ASH STREET
`NORTHFIELD, IL 60093
`UNITED STATES
`Primary email: litigation@nealmcdevitt.com
`Secondary email(s): pto@nealmcdevitt.com, rbiagi@nealmcdevitt.com,
`akemp@nealmcdevitt.com, abrumfiel@nealmcdevitt.com
`847.881.2455
`
`Docket no.
`
`63073.00019
`
`Applicant information
`
`Application no.
`
`97269865
`
`05/09/2023
`
`Opposition filing
`date
`
`Applicant
`
`Publication date
`
`01/10/2023
`
`Opposition period
`ends
`
`05/10/2023
`
`SPC LLC
`5445 LA SIERRA DRIVE, SUITE 415
`DALLAS, TX 75231
`UNITED STATES
`
`Goods/services affected by opposition
`
`Class 005. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Vaccine adjuvants; Vaccines against viral
`infection
`
`Grounds for opposition
`
`No bona fide intent to use mark in commerce for
`identified goods or services
`
`Applicant not rightful owner of mark for identified
`goods or services
`
`Trademark Act Section 1(b), 44(e) or 66(a)
`
`Trademark Act Section 1
`
`Fraud on the USPTO
`
`In re Bose Corp., 580 F.3d 1240, 91 USPQ2d
`
`
`
`1938 (Fed. Cir. 2009)
`
`Attachments
`
`Notice of Opposition CORBEVAX Final 20230509.pdf(184287 bytes )
`EXHIBIT 1 - CORBEVAX.pdf(4270428 bytes )
`EXHIBIT 2 - CORBEVAX.pdf(2689317 bytes )
`EXHIBIT 3 - CORBEVAX.pdf(443392 bytes )
`EXHIBIT 4 - CORBEVAX.pdf(2259146 bytes )
`EXHIBIT 5 - CORBEVAX.pdf(3401945 bytes )
`
`Signature
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`/Richard B. Biagi/
`
`Name
`
`Date
`
`RICHARD B. BIAGI
`
`05/09/2023
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`BIOLOGICAL E. LTD.,
`
`Opposer,
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`
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`Applicant.
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`
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`v.
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`SPC LLC,
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`Opposition No. _____________
`
`
`
`
`
`
`
`
`Trademark Application Serial No.
`97/269,865
`
`Mark: CORBEVAX
`
`
`
`
`NOTICE OF OPPOSITION
`
`Opposer BIOLOGICAL E. LTD. (“Biological E.” or “Opposer”), a Body Incorporate,
`
`existing under the laws of India, having its registered office address at 18/1 & 3, Azamabad,
`
`Hyderabad - 50 0020, State Of Telangana, India, and also having office at Lakshmi Building, 3rd
`
`Floor, 46, Sir P M Road, Fort, Mumbai-400001 believes it and consumers will be damaged by
`
`the registration of the mark CORBEVAX that is the subject of U.S. Trademark Application
`
`Serial No. 97/269,865 (the “Opposed Mark” and/or “Applicant’s ‘865 Application”), owned by
`
`SPC LLC, upon information and belief, a limited liability company duly organized under the
`
`laws of the State of Texas located at 5445 La Sierra Drive, Suite 415, Dallas, Texas 75231
`
`(hereinafter “Applicant”). For the reasons stated herein, Biological E. hereby opposes
`
`registration of the subject mark pursuant to Section 13 of the Lanham Act, 15 U.S.C. § 1063.
`
`In support of its opposition, Opposer asserts as follows:
`
`OPPOSER’S CORBEVAX MARK
`
`
`
`1.
`
`Biological E. Limited, a Hyderabad-based Pharmaceuticals & Biologics Company
`
`founded in 1953, is the first private sector biological products company in India and the first
`
`pharmaceutical company in Southern India. Biological E. develops, manufactures and supplies
`
`
`
`vaccines and therapeutics. Biological E. supplies its vaccines to more than 130 countries and its
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`therapeutic products are sold in India, the United States and throughout Europe. Biological E.
`
`currently has eight WHO-prequalified vaccines and nine United States Food and Drug
`
`Administration-approved generic Injectables (ANDAs) in its portfolio.
`
`2.
`
`In recent years, Biological E. has embarked on new initiatives for organizational
`
`expansion such as developing specialty injectable products for global markets, exploring
`
`synthetic biology and metabolic engineering as a means to manufacture APIs sustainably and
`
`developing novel vaccines for the global market.
`
`3.
`
`In 2020, Biological E. co-developed and manufactured a patent-free vaccine for
`
`COVID-19 under the brand name CORBEVAX (“Opposer’s CORBEVAX Mark”) to combat the
`
`COVID-19 pandemic and bring vaccine equity to impoverished communities and lower income
`
`countries around the globe. See, Exhibit 1, From obscurity to a Nobel Prize nomination:
`
`Houston scientists acclaimed for their patent-free COVID-19 vaccine, The Texas Tribune,
`
`February 10, 2022.
`
`4.
`
`In November of 2020, Biological E. commenced Phase I and Phase II trials
`
`of its CORBEVAX vaccine in India.
`
`5.
`
`On December 24, 2020, Opposer filed a trademark application in India for the
`
`mark CORBEVAX for use in connection with vaccine preparations; human vaccine
`
`preparations; oral vaccine preparation (“Opposer’s Goods”), the application having been
`
`assigned number 4793901 which is valid and subsisting and stands registered in the name of the
`
`Opposer.
`
`6.
`
`On December 28, 2021, Texas Children’s Hospital and Baylor College of
`
`Medicine announced that CORBEVAX™, a protein sub-unit COVID-19 Vaccine, whose
`
`
`
`2
`
`
`
`technology was created and engineered at its Center for Vaccine Development (CVD), has
`
`received Emergency Use Authorization (EUA) approval from the Drugs Controller General of
`
`India (DCGI) to launch in India with other underserved countries to follow. See, Exhibit 2,
`
`Texas Children’s Hospital and Baylor College of Medicine COVID-19 Vaccine Technology Secures
`
`Emergency Use Authorization in India - https://www.texaschildrens.org/. See, also, Exhibit 3
`
`CORBEVAXTM Gets DCGI Approval, https://www.biologicale.com/news.html.
`
`7.
`
`In a December 2021 press release, Texas Children’s Hospital and Baylor College of
`
`Medicine noted that “[t]he initial construct and process of the vaccine antigen… [was] in-licensed
`
`from BCM Ventures, Baylor College of Medicine’s integrated commercialization team, to
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`Hyderabad-based vaccine and pharmaceutical company Biological E. Limited.” See, Exhibit 2.
`
`8.
`
`In a February 2022 article from The Texas Tribune, it was noted that “[t]he vaccine
`
`formula… CORBEVAX, as it was dubbed by its Indian maker, was co-developed and
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`manufactured by the biopharmaceutical company Biological E. Limited, headquartered in
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`Hyderabad, India.” See, Exhibit 1.
`
`9.
`
`In May of 2022, Opposer filed trademark applications in Chile, Bangladesh and
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`Nepal for the mark CORBEVAX for use in connection with Opposer’s Goods, which were
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`assigned numbers 1502669, 276234 and 101124 respectively.
`
`10.
`
`On May 26, 2022, Opposer filed an international trademark application with
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`WIPO for the mark CORBEVAX for use in connection with Opposer’s Goods, the application
`
`having been assigned number 1675961. In said international trademark application, Opposer
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`designated the following countries pursuant to the Madrid Protocol: Brazil, Colombia, Egypt,
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`Indonesia, Morocco, Mexico, Malaysia, Philippines, Pakistan, Turkey, United States, and
`
`
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`3
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`
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`Vietnam. Opposer’s designated U.S. application for the mark CORBEVAX has been assigned
`
`Serial No. 79/346,636 (“Opposer’s CORBEVAX Application”).
`
`11.
`
`On October 11, 2022, a WIPO administrative panel (Case No. D2022-3112)
`
`ordered that the domain name <corbevax.com> be transferred to Opposer Biological E. Ltd.
`
`THE OPPOSED MARK
`
`12. Without the express and/or implied permission of Opposer and notwithstanding
`
`Opposer’s rights in and to Opposer’s CORBEVAX Mark, on February 16, 2022, Applicant filed
`
`Applicant’s ‘865 Application for the Opposed Mark CORBEVAX for use in connection with
`
`vaccine adjuvants; vaccines against viral infection in International Class 05 (“Applicant’s
`
`Goods”). The subject application was published in the January 10, 2023 edition of the
`
`Trademark Official Gazette for the United States Patent and Trademark Office, and Opposer has
`
`secured extensions of time to oppose until May 10, 2023.
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`13. The Opposed Mark is identical to the prior coined and adopted mark of the Opposer,
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`CORBEVAX.
`
`14.
`
`Opposer’s Goods and Applicant’s Goods are identical and are offered to the same
`
`types of consumers.
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`15.
`
`The Opposed Mark CORBEVAX is confusingly similar to Opposer’s
`
`CORBEVAX Mark, and the registration and use of the Opposed Mark by Applicant in
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`association with Applicant’s Goods is likely to cause confusion, mistake or deception as to the
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`source or origin of Applicant’s Goods, or to cause confusion, mistake, or deception as to the
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`affiliation, connection or association of Applicant and Opposer, causing irreparable damage and
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`injury to Opposer.
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`16. The application to register the Opposed Mark has interfered and will continue to
`
`
`
`4
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`
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`interfere with Opposer’s aforesaid trademark rights and will seriously damage the Opposer, its
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`business, its goodwill, and the business of its licensees, affiliates and related companies.
`
`17.
`
`If Applicant is granted the exclusive right to use and register the Opposed Mark
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`in connection with Applicant’s Goods, actual consumer confusion would likely ensue given, e.g.,
`
`the identical nature of the Opposed Mark and Opposer’s CORBEVAX Mark and the identical
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`nature of Opposer’s Goods and Applicant’s Goods, causing consumers to erroneously believe
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`that vaccines distributed by Applicant’s are provided by, endorsed by and/or affiliated with
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`Biological E., thereby causing irreparable damage and injury to Biological E.
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`18. Because Opposer’s Goods are vaccines which are used to prevent the infection
`
`and/or spread of the COVID-19 virus, preventing consumer confusion related to Opposer’s
`
`CORBEVAX Mark is of the utmost importance because consumer confusion as to the source of
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`the vaccines could actually present a life-or-death scenario to consumers.
`
`COUNT ONE: FRAUD IN THE PROCUREMENT OF A REGISTRATION
`
`19.
`
`Petitioner repeats and realleges paragraphs 1 through 18 as though fully set forth
`
`herein.
`
`20.
`
`Upon information and belief, Applicant operated a web site at the url
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`CORBEVAXUSA.COM, see Exhibit 4, in which Applicant stated, “CORBEVAXTM has
`
`exclusive licensing agreements with Baylor College of Medicine, Texas Children’s Hospital &
`
`Biological E. to manufacture and distribute worldwide.”
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`21.
`
`On the web site located at the url CORBEVAXUSA.COM, Applicant stated
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`“CORBEVAX has achieved statistical success criteria in Phase I, II, and III trials, showing high
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`efficacy (88-94%) confirmed against multiple strains of COVID-19, including Delta, Delta+,
`
`Lambda. CORBEVAX also provides 100% protection against severe disease.” See, Exhibit 4.
`
`
`
`5
`
`
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`22.
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`Upon information and belief, Applicant operated a web site at the url
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`SPCLLC.US, see Exhibit 5, which stated “We’re Authorized (sic) Manufacturer and Distributor
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`of Medical and Pharmaceutical Products”… “CORBEVAXTM Vaccine – The plant based
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`COVID-19 vaccine you can trust with 88-94% confirmed efficacy rate.”
`
`23.
`
`At no time did SPC, LLC or any entity named CORBEVAX have authorization
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`from Biological E. or from Baylor College of Medicine or Texas Children’s Hospital to
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`manufacture, seek clinical trials of and/or distribute a COVID-19 vaccine within the United
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`States or elsewhere.
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`24.
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`Applicant knowingly made false statements in its initial declaration in support of
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`Applicant’s ‘865 Application by alleging that Applicant was the owner of the CORBEVAX
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`mark and that it had a bona fide intent and was entitled to use the mark in commerce, all with an
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`intent to deceive and/or induce the USPTO into issuing a registration for the subject mark. In re
`
`Bose Corp., 580 F.3d 1240, 91 USPQ2d 1938 (Fed. Cir. 2009).
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`25.
`
`Such false statements constitute a material misrepresentation of the facts
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`regarding ownership and future use of the CORBEVAX mark.
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`26.
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`Such statements by Applicant were made with reckless disregard for the truth, the
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`legal equivalent of a showing that Applicant had the specific intent to deceive the USPTO.
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`Chutter, Inc. v. Great Mgmt. Grp., LLC, 2021 USPQ2d 1001 (TTAB 2021).
`
`27.
`
`Applicant knew or should have known that its statements regarding ownership
`
`and future use of the mark were false.
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`28.
`
`The USPTO relied upon Applicant’s false statements in allowing the subject
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`application to proceed to publication in the Trademark Official Gazette.
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`29.
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`By virtue of the objectively false statements made by Applicant, the USPTO was
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`
`
`6
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`
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`misled and thereby was induced to permit the subject application to proceed to publication in the
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`Trademark Official Gazette.
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`30.
`
`Applicant is not entitled to registration of the subject mark because it committed
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`fraud in the filing and prosecution of the subject application.
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`COUNT TWO:
`
`NO BONA FIDE INTENT TO USE THE CORBEVAX MARK IN COMMERCE
`
`31.
`
`Petitioner repeats and realleges paragraphs 1 through 18 as though fully set forth
`
`herein.
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`32.
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`Since Applicant was neither the owner of nor authorized in any manner to use
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`the Opposed Mark in connection with Applicant’s Goods, Applicant lacked a bona fide intent to use the
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`Opposed Mark in violation of Section 1(b) of the Trademark Act, 15 U.S.C. 1051(b).
`
`33.
`
`On March 20, 2023 1, an Office Action issued in connection with Opposer’s
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`CORBEVAX Application in which Applicant’s ‘865 Application was cited as a bar to
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`registration on the grounds of likelihood of confusion.
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`34.
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`In light of the refusal to register issued by the USPTO, Opposer has been and will
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`continue to be damaged by the existence of Applicant’s ‘865 Application.
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`COUNT THREE: APPLICANT IS NOT THE RIGHTFUL OWNER OF THE
`
`CORBEVAX MARK
`
`35.
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`Petitioner repeats and realleges paragraphs 1 through 18 as though fully set forth
`
`herein.
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`36.
`
`Since Applicant was not authorized by the Opposer in any manner to use and/or
`
`seek registration of the Opposed Mark in connection with Applicant’s Goods, Applicant was not
`
`
`1 On May 9, 2023, the IB First Refusal Note issued in connection with the March 20 Non-Final Action.
`
`
`
`7
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`
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`the rightful owner of Applicant’s ‘865 Application in violation of Section 1(a) of the Trademark
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`Act, 15 U.S.C. 1051(a).
`
`37.
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`In connection with Applicant’s ‘865 Application, Applicant signed the requisite
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`verification statement pursuant to Section 1(a)(3) of the Trademark Act, 15 U.S.C. 1051(a)(3),
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`under penalty of perjury, despite not being the owner of the mark sought to be registered.
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`38.
`
`On March 20, 2023 2, an Office Action issued in connection with Opposer’s
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`CORBEVAX Application in which Applicant’s ‘865 Application was cited as a bar to
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`registration on the grounds of likelihood of confusion.
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`39.
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`In light of the refusal to register issued by the USPTO, Opposer has been and will
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`continue to be damaged by the existence of Applicant’s ‘865 Application.
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`2 On May 9, 2023, the IB First Refusal Note issued in connection with the March 20 Non-Final Action.
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`8
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`PRAYER FOR RELIEF
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`WHEREFORE, Opposer believes that it will be damaged by registration of the Opposed Mark
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`and therefore respectfully requests that such registration be refused on the grounds that Applicant
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`committed fraud in the procurement of a registration, Applicant has no bona fide intent to use the
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`subject mark, and Applicant is not the rightful owner of the subject, and that this opposition be
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`sustained in favor of Opposer.
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`Dated: May 9, 2023
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`Respectfully submitted,
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`By: /s/ Richard B. Biagi
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`
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`Richard B. Biagi, Esq.
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`Audra Kemp, Esq.
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`Amber Rye Brumfiel, Esq.
`
`NEAL & MCDEVITT, LLC
`
`1776 Ash Street
`
`Northfield, IL 60093
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`Tel: (847) 881-2455
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`rbiagi@nealmcdevitt.com
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`akemp@nealmcdevitt.com
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`abrumfiel@nealmcdevitt.com
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`Attorneys for Opposer
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`9
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`CERTIFICATE OF FILING
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`I hereby certify that a true and complete copy of the foregoing NOTICE OF
`OPPOSITION was filed online with the Trademark Trial and Appeal Board on May 9, 2023
`through the ESTTA system of U.S. Patent and Trademark Office.
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`/s/ Richard B. Biagi
`Attorney for Opposer
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`EXHIBIT 1
`EXHIBIT 1
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`EXHIBIT 2
`EXHIBIT 2
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`EXHIBIT 3
`EXHIBIT 3
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`13
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`EXHIBIT 4
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`EXHIBIT 5
`EXHIBIT 5
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`15
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`eee hwidiatila
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`INVESTIGATIONS
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`NEWSLETTERS
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`EVENTS
`
`AUDIO
`
`ee Ne
`
`Education Savings Accounts
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`Daniel Perry Pardon
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`Military Discharges
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`Abortion Drug Ruling
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`2023 Legislative Session
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`
`LONE STAR COLLEGE
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`woRKS FOR
`
`(CXLD F
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`CORONAVIRUS IN TEXAS
`
`From obscurity to a Nobel Prize nomination:
`Houston scientists acclaimed for their patent-free
`COVID-19 vaccine
`
`Corbevax, a low-cost coronavirus vaccine created in Houston, could be a better weapon against
`COVID-19 by reaching the unvaccinated in poorer countries.
`
`BY KAREN BROOKS HARPER
`
`FEB. 10, 2022.)
`
`5 AM CENTRAL
`
`
`
`Maria Bottazzi replaces vials of the vaccine into a freezer at the Tropical Medicine Lab at Texas Children(cid:8217)s Hospital Center for Vaccine
`Development in Houston. @ Justin Rex for The Texas Tribune
`
`Sign up for The Brief, our daily newsletter that keeps readers up to speed on the most
`essential Texas news
`
`Two years ago, when a pair of Houston scientists first began crafting a cheap, easy-
`to-make COVID-19 vaccine, they had a tough time finding support for it at home in
`the U.S., a country that rewards expensive, flashy new tech.
`
`They could have used help with their goal of combating the virus both locally and
`abroad, where it was morphing into more dangerous variants headed for U.S. shores.
`
`But the team at the Texas Children(cid:8217)s Hospital Center for Vaccine Development at
`Baylor College of Medicine, led by Drs. Maria Elena Bottazzi and Peter Hotez, worked
`on their patent-free vaccine with donated money in relative obscurity, failing to
`
`Document title: Houston scientists get Nobel Prize nod for patent-free COVID-19 vaccine | The Texas Tribune
`Capture URL: https://www.texastribune.org/2022/02/10/corbevax-texas-coronavirus-vaccine/
`Capture timestamp (UTC): Thu, 13 Apr 2023 17:19:54 GMT
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`abroad, where it was morphing into more dangerous variants headed for U.S. shores.
`
`But the team at the Texas Children(cid:8217)s Hospital Center for Vaccine Development at
`Baylor College of Medicine, led by Drs. Maria Elena Bottazzi and Peter Hotez, worked
`on their patent-free vaccine with donated money in relative obscurity, failing to
`garner much outside interest.
`
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`i 1 Te CERG
`National Merit Scholars
`
`THE UNIVERSITY OF TEXAS AT DALLAS
`
`Then one thing finally broke through and spoke to the people who had been
`overlooking their open-science approach to the vaccine known by its first producer
`as Corbevax. It came without strings or a secret formula, making it a true
`humanitarian pursuit that could finally reach the unvaccinated corners of the
`developing world.
`
`(cid:8220)Corbevax to beat inequity?(cid:8221) read a CNN News ticker beside a televised interview
`with the scientists last month.
`
`Now, just weeks after their vaccine won emergency use authorization in India,
`international news agencies are lining up for interviews. Curious investors are
`reaching out to the scientists on social media from around the world. U.S. lawmakers
`from both sides of the aisle are pressuring President Joe Biden to step in and support
`the vaccine(cid:8217)s distribution abroad.
`
`The vaccine is being praised by scientists, members of the public and the media as
`(cid:8220)the world(cid:8217)s COVID vaccine,(cid:8221) (cid:8220)the vaccine game changer(cid:8221) and (cid:8220)the way out of this
`global pandemic.(cid:8221)
`
`There(cid:8217)s even talk of a Nobel Peace Prize.
`
`(cid:8220)You are providing sorely needed ethical & scientific leadership. Texas should be
`proud!(cid:8221) Ambassador Martin Kimani, Kenya(cid:8217)s permanent representative to the United
`Nations, wrote on Twitter in early January.
`
`And all of this buzz before a single shot of Corbevax has gone into an arm outside of
`clinical trials.
`
`
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`Document title: Houston scientists get Nobel Prize nod for patent-free COVID-19 vaccine | The Texas Tribune
`Capture URL: https://www.texastribune.org/2022/02/10/corbevax-texas-coronavirus-vaccine/
`Capture timestamp (UTC): Thu, 13 Apr 2023 17:19:54 GMT
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`proud!(cid:8221) Ambassador Martin Kimani, Kenya(cid:8217)s permanent representative to the United
`Nations, wrote on Twitter in early January.
`
`
`
`And all of this buzz before a single shot of Corbevax has gone into an arm outside of
`clinical trials.
`
`(cid:8220)| think one of the reasons it(cid:8217)s been a bit viral is the fact that everybody(cid:8217)s been
`talking about equity, equity, equity and nobody does much of anything,(cid:8221) Bottazzi
`told The Texas Tribune. (cid:8220)And then all of a sudden they learn that we have this
`vaccine that has been open science, with no proprietary technology. And they(cid:8217)re
`saying, (cid:8216)Wait, where has this been?(cid:8217)(cid:8221)
`
`
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`TDA advocates for the oral health of
`
`TDA
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`TEXASDENTAL
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`
`
`The vaccine formula can be licensed by a vaccine producer in any low- or middle-
`income nation, which would then take ownership of it, produce it, name it and work
`with the government to get it to the people, Hotez said.
`
`Corbevax, as it was dubbed by its Indian maker, was co-developed and manufactured
`by the biopharmaceutical company Biological E. Limited, headquartered in
`Hyderabad, India.
`
`Doses are expected to be delivered to the Indian government starting next week for
`distribution to some half a billion people who are still unvaccinated in that country.
`Just over half the population of India is fully vaccinated, with another homegrown
`vaccine available there and a third recently authorized.
`
`A halal version of the vaccine, for use in Islamic countries because it doesn(cid:8217)t contain
`animal-based ingredients, is in clinical trials in Indonesia.
`
`
`
`
`
`
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`AT AMERIHEALTH CARITAS,
`WE(cid:8217)RE ON A MISSION.
`
`AmeriHealth Caritas
`Texas
`
`
`
`CARE IS THE
`HEART OF
`OUR WORK.
`
`All images are used under license for illustrative purposes only. Any individual depicted is a model.
`
`
`
`
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`
`
`The protein-based COVID-19 vaccine technology is also licensed to vaccine
`producers in Bangladesh, South Africa and Botswana, with potential deals also in the
`
`Document title: Houston scientists get Nobel Prize nod for patent-free COVID-19 vaccine | The Texas Tribune
`Capture URL: https://www.texastribune.org/2022/02/10/corbevax-texas-coronavirus-vaccine/
`Capture timestamp (UTC): Thu, 13 Apr 2023 17:19:54 GMT
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`The protein-based COVID-19 vaccine technology is also licensed to vaccine
`producers in Bangladesh, South Africa and Botswana, with potential deals also in the
`works for Taiwan and Vietnam.
`
`Those five countries alone are home to a billion people who are not fully vaccinated.
`
`(cid:8220)Hopefully, it will be game-changing for many countries,(cid:8221) Bottazzi said.
`
`No patent means lower cost
`
`Bottazzi and Hotez, both pioneers in the field of immunology, run Baylor(cid:8217)s National
`School of Tropical Medicine and have been developing coronavirus vaccines for more
`than a decade, including formulas for the SARS and MERS viruses.
`
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`Their vaccine uses the same recombinant protein technology already used for
`decades in the hepatitis B vaccine, a common childhood shot.
`
`The vaccine technology has no intellectual property rights attached to it. That
`means the building blocks of the vaccine can be had for the price of a phone call.
`Once produced, the vaccine can be sold to governments for far less than any other
`vaccine currently on the market.
`
`(cid:8220)Our intent was to make it available to millions of people in the world who would
`otherwise not have access to COVID vaccines,(cid:8221) said Hotez, dean of Baylor College of
`Medicine(cid:8217)s National School of Tropical Medicine.
`
`The Indian government has secured a deal with Biological E to buy at least 300
`million doses for less than $2 per dose. After that, Bio E has said it can make more
`than 1 million doses per month.
`
`The Texas Tribune thanks its sponsors. Become one.
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`Document title: Houston scientists get Nobel Prize nod for patent-free COVID-19 vaccine | The Texas Tribune
`Capture URL: https://www.texastribune.org/2022/02/10/corbevax-texas-coronavirus-vaccine/
`Capture timestamp (UTC): Thu, 13 Apr 2023 17:19:54 GMT
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`OF SOUTH TEXAS, INC.
`
`(cid:8220)Serving Humanity to Honor God(cid:8221)
`
`LEARN MORE
`
`By comparison, the U.S. government is paying Pfizer about $20 per dose. Much of
`that is the cost of the intellectual property covered by the patent.
`
`Percentage of Texans fully vaccinated
`
`All Texans ages six months and older are eligible for a vaccine.
`
`100%
`
`80%
`
`60%
`
`40%
`
`20%
`
`Aug. 22
`
`61.6% of Texans
`fully vaccinated
`
`25.3% have
`gotten boosters
`
`April
`
`Oct.
`
`April
`
`Note: The number of fully vaccinated Texans decreased slightly on Dec. 14, 2021 because of a data processing error
`from the Texas Department of State Health Services.
`
`Sources: Vaccination data from DSHS, statewide population from the 2020 U.S. census, population by age from Census
`Vintage 2019 estimates
`
`(Credit: The Texas Tribune
`
`The idea of open science, open access and open source medicine and technology, like
`the (cid:8220)patent pledge(cid:8221) by Tesla in 2014, is not new, but it(cid:8217)s gaining traction for its focus
`on equal access over profit. Its critics argue that it can dampen competition and
`innovation.
`
`There have been attempts to exempt COVID-19 vaccines from intellectual property
`rights and patents to increase global access, amid debate over whether that would
`result in more equitable distribution.
`
`But much of the praise for Corbevax and its Texas inventors seems to be their
`willingness (cid:8212) and that of Bio E and the investors (cid:8212) to forgo a large profit in favor of
`the more altruistic goal of better access and distribution of the vaccine.
`
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`Document title: Houston scientists get Nobel Prize nod for patent-free COVID-19 vaccine | The Texas Tribune
`Capture URL: https://www.texastribune.org/2022/02/10/corbevax-texas-coronavirus-vaccine/
`Capture timestamp (UTC): Thu, 13 Apr 2023 17:19:54 GMT
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`Last week, Bottazzi and Hotez were nominated for the Nobel Peace Prize for
`practicing what Hotez calls (cid:8220)Texas vaccine diplomacy,(cid:8221) by creating a path for the
`entire world to be inoculated.
`
`(cid:8220)Dr. Hotez and Dr. Bottazzi(cid:8217)s effort to develop the Corbevax vaccine is truly one of
`international cooperation and partnership to bring health, security, and peace
`around the world by creating a COVID-19 vaccine and making it available and
`accessible to all,(cid:8221) wrote U.S. Rep. Lizzie Fletcher, D-Houston, in her official
`nomination. (cid:8220)It is a contribution that is of the greatest benefit to humankind.(cid:8221)
`
`Whether their new fame translates into dollars for continuing their work on
`advancing the coronavirus vaccine program remains to be seen, Bottazzi said.
`
`She hopes that once the vaccine's safety data is published for peer review and the
`vaccine starts going into arms, more support will follow.
`
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`They have some powerful voices showing up for them now, too. U.S. Rep. Michael
`McCaul, R-Austin, called on Biden last week to help with its distribution to American
`allies overseas who are struggling with what he called (cid:8220)ineffective and substandard
`vaccines from China and Russia.(cid:8221)
`
`(cid:8220)While we recognize existing administration efforts to supply COVID-19 vaccines
`around the world, the global supply is woefully insufficient to meet urgent and
`pressing demands,(cid:8221) McCaul wrote in a letter signed by a bipartisan group of more
`than a dozen members of the Texas congressional delegation.
`
`(cid:8220)We need to see the data(cid:8221)
`
`All the Corbevax praise is coming in before the scientific trial data has been
`published in a peer-reviewed scientific journal, seen by experts as an important
`public vetting process for a new vaccine or medication.
`
`(cid:8220)T(cid:8217)m excited about it. I see a huge potential. I can(cid:8217)t wait for something like this to
`come to fruition,(cid:8221) said Dr. Jason Morrow, a physician and medical ethicist at the
`University of Texas Health Science Center at San Antonio. (cid:8220)And I also have to be
`measured and patient and wait for the data.(cid:8221)
`
`Document title: Houston scientists get Nobel Prize nod for patent-free COVID-19 vaccine | The Texas Tribune
`Capture URL: https://www.texastribune.org/2022/02/10/corbevax-texas-coronavirus-vaccine/
`Capture timestamp (UTC): Thu, 13 Apr 2023 17:19:54 GMT
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`eg
`gp ee
`~ ee ee
`come to fruition,(cid:8221) said Dr. Jason Morrow, a physician and medical ethicist at the
`University of Texas Health Science Center at San Antonio. (cid:8220)And I also have to be
`measured and patient and wait for the data.(cid:8221)
`
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`Data from company-run clinical trials in India proving that Corbevax is safe and
`effective was submitted to the Indian government regulators to review before they
`authorized it on Dec. 28 for emergency use.
`
`Long before that, in the U.S., the Texas Children(cid:8217)s team published all of its
`information about the production processes for the vaccine technology in publicly
`available scientific journals.
`
`The clinical trial results are not on the Indian regulator(cid:8217)s website yet, although early
`results have been released by the company and the team in public statements.
`
`Biological E Limited reported during the approval process in India that in the
`company(cid:8217)s clinical trials, Corbevax showed up to a 90% efficacy rate based
`onimmune-bridging studies, and none of the 3,000 people who participated in the
`final stage ofclinical trials had any serious adverse reactions. It also showed only a
`minimal drop in protection after six months.
`
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`)
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`ZACH | ONSTAGE APRIL 5-30
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`When the company(cid:8217)s testing methods and research are published in a scientific
`journal, that will give the public a look into how the researchers came to their
`conclusions