ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1311155
`09/20/2023
`
`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
`
`ARYSTA LIFESCIENCE, INC.
`
`Granted to date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`09/20/2023
`
`15401 WESTON PARKWAY, SUITE 150
`CARY, NC 19709
`UNITED STATES
`
`JORDAN A. LAVINE
`FLASTER GREENBERG PC
`100 FRONT STREET, SUITE 100
`CONSHOHOCKEN, PA 19428
`UNITED STATES
`Primary email: jordan.lavine@flastergreenberg.com
`Secondary email(s): jordan.lavine@flastergreenberg.com, tm-
`dock@flastergreenberg.com, eric.clendening@flastergreenberg.com
`2152799389
`
`Docket no.
`
`Applicant information
`
`Application no.
`
`97521062
`
`Opposition filing
`date
`
`Applicant
`
`09/20/2023
`
`Prevegenics, LLC
`651 N. BROAD ST.
`MIDDLETON, DE 19709
`UNITED STATES
`
`Goods/services affected by opposition
`
`Publication date
`
`05/23/2023
`
`Opposition period
`ends
`
`09/20/2023
`
`Class 001. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Fertilizers; Natural fertilizers; Nutritive addit-
`ive to enhance the biological activity of water, soil, seeds and plants for purposes of fertilization and
`bioremediation of pollutants; Soil amendments; Organic soil amendments
`
`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.
`
`1409149
`
`Register
`
`Principal
`
`Application date
`
`09/30/1985
`
`
`
`Filing date:
`
`ESTTA1311155
`09/20/2023
`
`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
`
`ARYSTA LIFESCIENCE, INC.
`
`Granted to date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`09/20/2023
`
`15401 WESTON PARKWAY, SUITE 150
`CARY, NC 19709
`UNITED STATES
`
`JORDAN A. LAVINE
`FLASTER GREENBERG PC
`100 FRONT STREET, SUITE 100
`CONSHOHOCKEN, PA 19428
`UNITED STATES
`Primary email: jordan.lavine@flastergreenberg.com
`Secondary email(s): jordan.lavine@flastergreenberg.com, tm-
`dock@flastergreenberg.com, eric.clendening@flastergreenberg.com
`2152799389
`
`Docket no.
`
`Applicant information
`
`Application no.
`
`97521062
`
`Opposition filing
`date
`
`Applicant
`
`09/20/2023
`
`Prevegenics, LLC
`651 N. BROAD ST.
`MIDDLETON, DE 19709
`UNITED STATES
`
`Goods/services affected by opposition
`
`Publication date
`
`05/23/2023
`
`Opposition period
`ends
`
`09/20/2023
`
`Class 001. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Fertilizers; Natural fertilizers; Nutritive addit-
`ive to enhance the biological activity of water, soil, seeds and plants for purposes of fertilization and
`bioremediation of pollutants; Soil amendments; Organic soil amendments
`
`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.
`
`1409149
`
`Register
`
`Principal
`
`Application date
`
`09/30/1985
`
`
`
`Registration date
`
`09/16/1986
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`MICROMITE
`
`NONE
`
`Class 005. First use: First Use: Aug 27, 1985 First Use In Commerce: Aug 27,
`1985
`AGRICULTURAL ACARICIDES
`
`Attachments
`
`Notice of Opposition MICRO-PHITE.pdf(412549 bytes )
`
`Signature
`
`/jordan lavine/
`
`Name
`
`Date
`
`JORDAN A. LAVINE
`
`09/20/2023
`
`
`
`
`Arysta Lifescience, Inc.,
`
`
`
`
`
`
`
`
`
`v.
`
`
`
`
`
`
`
`
`
`
`Prevegenics, LLC.
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Re: Application Serial No. 97521062
`
`
`
`
`
`
`
`
`
`:
`:
`:
`:
`:
`:
`:
`
`
`NOTICE OF OPPOSITION
`
`
`
`In the matter of trademark Application Serial No. 97521062 filed July 26, 2022, and
`
`published for opposition in the Official Gazette of May 23, 2023, Arysta Lifescience, Inc.
`
`("Opposer"), a Delaware corporation having an address of 15401 Weston Parkway, Suite 150,
`
`Cary, NC 27513, believes that it will be damaged if a registration issues for the goods therein
`
`identified and hereby opposes the registration of said trademark. The grounds for opposition are
`
`as follows:
`
`1.
`
`Applicant seeks to register MICRO-PHITE as a trademark for the following
`
`goods in International Class 1: Fertilizers; Natural fertilizers; Nutritive additive to enhance the
`
`biological activity of water, soil, seeds and plants for purposes of fertilization and
`
`bioremediation of pollutants; Soil amendments; Organic soil amendments, as evidenced by the
`
`publication of said mark in the Official Gazette of May 23, 2023.
`
`2.
`
`Opposer sought and received an extension of time to file a Notice of Opposition
`
`against the referenced application of Applicant.
`
`3.
`
`Opposer is a global provider of agricultural crop protection and life science
`
`products, including fungicides, herbicides, insecticides, pesticides, and plant growth stimulators.
`
`
`
`Opposer also offers fertilizers that enhance overall crop protection and that provide higher yields
`
`and better-quality crops. Opposer has a substantial presence in in the United States of America.
`
`4.
`
`Since at least as early as August 27, 1985, Opposer and its predecessors have used
`
`the trademark MICROMITE in commerce in connection with agricultural acaracides, i.e., an
`
`agricultural insecticide. Opposer’s MICROMITE products comprise an insect growth regulator
`
`that reduces nymphs and prevents insect eggs from hatching. The result is broad-spectrum and
`
`long residual control of damaging insects — including Asian citrus psyllid (ACP), leafminers
`
`and katydids. MICROMITE can be tank-mixed with fungicides and seamlessly used as part of
`
`an integrated pest management plan.
`
`5.
`
`Opposer owns Registration No. 1,409,149 for its MICROMITE trademark in the
`
`U.S. Patent and Trademark Office.
`
`6.
`
`Opposer’s MICROMITE trademark is well-known and is an extremely valuable
`
`asset of Opposer – especially due to the success of the products sold under the mark and based
`
`upon Opposer’s and its predecessors’ long use of the trademark.
`
`7.
`
`Opposer’s MICROMITE mark is inherently distinctive as used in connection
`
`with Opposer's goods.
`
`8.
`
`Applicant seeks to register the mark MICRO-PHITE on the basis of its intent to
`
`use the mark in commerce.
`
`9.
`
`On information and belief, Applicant did not use MICRO-PHITE mark in the
`
`United States prior to the filing date of its intent to use application or prior to Opposer’s first use
`
`in commerce of its registered MICROMITE trademark.
`
`10.
`
`Opposer is the prior user of its MICROMITE mark by virtue of its use of the
`
`mark in commerce since at least as early as August 27, 1985.
`
`
`
`11.
`
`The respective MICROMITE and MICRO-PHITE marks are highly similar in
`
`sight, sound and meaning, and create the same overall commercial impression. The marks begin
`
`with the same term “Micro” and end with the suffix “ite.” The respective middle consonant
`
`sounds in the respective marks are not a sufficient distinguishing feature of the marks.
`
`12.
`
`Opposer's goods and Applicant's goods are highly similar. The fertilizers,
`
`nutritive additives, and soil amendments are agrochemical products identified in Applicant’s
`
`application are used the same field as Opposer’s insecticide products. The parties’ respective
`
`goods are both aimed at improving agricultural crop health and production.
`
`13.
`
`Applicant's products and Opposer's products are likely to be promoted and sold to
`
`the same of purchasers through the same and similar channels of trade, i.e., to those who
`
`purchase agrochemicals through the normal channels of trade for such products.
`
`14.
`
`Applicant's MICRO-PHITE mark as used in connection with the goods
`
`identified in its application so resembles Opposer's MICROMITE mark that it is likely to cause
`
`confusion, mistake, or deception.
`
`15.
`
`If Applicant is permitted to register the mark MICRO-PHITE for the goods
`
`identified in the application herein opposed, confusion of the trade and public is likely to result,
`
`such confusion resulting in damage and injury to Opposer.
`
`16.
`
`Purchasers, potential purchasers, and the relevant public, upon seeing Applicant's
`
`MICRO-PHITE mark used in connection with the goods identified in its application would be
`
`likely to believe in error that such goods are provided in association or affiliation with or under
`
`the sponsorship of or license from Opposer.
`
`17.
`
`If Applicant is permitted to register its mark for the goods set forth in the
`
`application herein opposed, persons familiar with the goods of Opposer would be likely to use
`
`
`
`Applicant's goods as goods sponsored by or produced in affiliation with or under the sponsorship
`
`of Opposer. Furthermore, any defect, objection to or fault found with Applicant's goods provided
`
`under its mark would necessarily reflect on and seriously injure the reputation that Opposer has
`
`established for its goods under the MICROMITE mark.
`
`18.
`
`If Applicant is granted a registration for the mark herein opposed, it would obtain
`
`thereby at least a prima facie exclusive right to use the mark. Such registration would be a source
`
`of damage and injury to Opposer and Opposer's customers.
`
`
`
`WHEREFORE, Opposer prays that registration of the mark of Application Serial No.
`
`97521062 be refused, and that this opposition be sustained.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`September 20, 2023
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`FLASTER GREENBERG P.C.
`
`
`
`Jordan A. LaVine
`Eric Clendening
`100 Front Street, Suite 100
`Conshohocken, PA 19428
`215.279.9389
`
`ATTORNEYS FOR OPPOSER
`
`
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