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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA887668
`
`Filing date:
`
`04/04/2018
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Petition for Cancellation
`
`Notice is hereby given that the following party has filed a petition to cancel the registration indicated below.
`
`Petitioner Information
`
`Name
`
`Entity
`
`Address
`
`Attorney informa-
`tion
`
`HS Cosmetics, LLC
`
`LLC
`
`Citizenship
`
`Delaware
`
`820 South Main Street
`Suite 103
`Greenville, SC 29601
`UNITED STATES
`
`Brian M. Gaynor
`Parker Ibrahim & Berg LLP
`270 Davidson Avenue
`Somerset, NJ 08873
`UNITED STATES
`Email: brian.gaynor@piblaw.com, trademark@piblaw.com
`Phone: 908-333-4045
`
`Registration Subject to Cancellation
`
`Registration No.
`
`4735377
`
`Registration date
`
`05/12/2015
`
`Registrant
`
`Biocentris Pharmaceuticals
`24 Executive Pkwy.
`Ringwood, NJ 07456
`UNITED STATES
`
`Goods/Services Subject to Cancellation
`
`Class 003. First Use: 2010/11/17 First Use In Commerce: 2011/03/01
`Goods and services in the class that are subject to cancellation: Non-medicated skin care prepara-
`tions; Skin moisturizer; Soaps
`
`Class 005. First Use: 2010/11/17 First Use In Commerce: 2011/03/01
`Goods and services in the class that are subject to cancellation: Antibacterial handwash; Antimicrobi-
`al handwash; Antiseptics; Medicated skin care preparations; Topical first aid gel
`
`Grounds for Cancellation
`
`No use of mark in commerce before application,
`amendment to allege use, or statement of use
`was filed
`
`Trademark Act Sections 14(1) and 1(a), (c), and
`(d)
`
`Abandonment
`
`Trademark Act Section 14(3)
`
`Attachments
`
`Petition for.pdf(17926 bytes )
`
`Signature
`
`/brian gaynor/
`
`

`

`Name
`
`Date
`
`Brian M. Gaynor
`
`04/04/2018
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE
`
`TRADEMARK TRIAL AND APPEAL BOARD
`
`HS COSMETICS, LLC,
`
`In re Reg. No. 4735377
`
`Petitioner,
`
`Mark: AQUACIL
`
`v.
`
`BIOCENTRIS PHARMACEUTICALS,
`
`Registrant.
`
`PETITION FOR CANCELLATION
`
`PURSUANT TO 15 U.S.C. SECTION 1064
`
`In the matter of trademark Reg. No. 4735377, for AQUACIL as a trademark for “non-
`
`medicated skin care preparations; skin moisturizer; soaps,” in International Class 3, and
`
`“antibacterial handwash; antimicrobial handwash; antiseptics; medicated skin care preparations;
`
`topical first aid gel,” in International Class 5, registered on May 12, 2015 (“Registrant’s Mark”);
`
`and said registration owned by Registrant, Biocentris Pharmaceuticals (“Registrant”), a New
`
`Jersey limited liability company with an address of 24 Executive Parkway, Ringwood, New
`
`Jersey 07456;
`
`HS Cosmetics, LLC, (“Petitioner”), a Delaware limited liability company with an address
`
`of 820 South Main Street, Suite 103, Greenville, South Carolina 29601, believes that it will be
`
`damaged by the continued registration of AQUACIL, as Registrant’s Mark, and hereby petitions
`
`to cancel said registration pursuant to 15 U.S.C. Sec. 1064 (Trademark Act of 1946, Sec. 14).
`
`As grounds for cancellation, it is alleged that:
`
`{0020-3208/00359591-1}
`3697970.1
`
`

`

`ABANDONMENT/NON-USE OF MARK IN COMMERCE BEFORE APPLICATION
`
`WAS FILED
`
`COUNT I
`
`1.
`
`Petitioner is the owner of the mark AQUASIL (“Petitioner’s Mark”) as a
`
`trademark, as applied to a wide range of goods, including, but not limited to “anti-aging creams;
`
`cosmetics; lotions for face and body care; non-medicated skin care creams and lotions; non-
`
`medicated skin care preparations” and “acne medications; acne treatment preparations; anti-
`
`inflammatory ointments; medicated ointments for treating dermatological conditions.”
`
`2.
`
`3.
`
`Reg. No. 4735377, for AQUACIL, issued to Registrant on May 12, 2015.
`
`Registrant claims a date of first use of March 1, 2011, for each of the goods listed
`
`in its trademark registration certificate.
`
`4.
`
`Upon information and belief, Registrant has abandoned the trademark AQUACIL.
`
`The Petition for Cancellation is therefore, appropriate under Section 14(3) of the Lanham Act, 15
`
`U.S.C. Section 1064(3), and Trademark Act Sections 14(1) and 1(a), (c), and (d).
`
`5.
`
`Upon information and belief, Registrant does not now use and has never used the
`
`AQUACIL mark for non-medicated skin care preparations, skin moisturizer, medicated skin care
`
`preparations, or topical first aid gel.
`
`6.
`
`Upon information and belief, Registrant was not making bona fide use of its mark
`
`in connection with one or more of the goods set forth in Paragraph 5 above as of the filing date
`
`of its Statement of Use
`
`7.
`
`Upon information and belief, Registrant has discontinued use of the mark covered
`
`by Reg. No. 4735377, AQUACIL, for at least three (3) years.
`
`8.
`
`Upon information and belief, Registrant intends not to resume use of the mark
`
`AQUACIL, covered by Reg. No. 4735377.
`
`2
`
`

`

`9.
`
`Registrant’s failure to make use of the Mark in the United States for a period of
`
`three (3) years is prima facie evidence of abandonment.
`
`10.
`
`Registrant has therefore abandoned the Mark AQUACIL, covered by Reg. No.
`
`4735377, in the United States.
`
`11.
`
`Petitioner filed a U.S. trademark application, Ser. No. 87605302, to register
`
`AQUASIL for “anti-aging creams; cosmetics; lotions for face and body care; non-medicated skin
`
`care creams and lotions; non-medicated skin care preparations” and “acne medications; acne
`
`treatment preparations; anti-inflammatory ointments; medicated ointments for
`
`treating
`
`dermatological conditions” with the United States Patent and Trademark Office (“USPTO”).
`
`12.
`
`The application filed on behalf of Petitioner to register AQUASIL was refused
`
`registration by the USPTO on the grounds that the mark of Petitioner so resembles Registrant’s
`
`Mark for Registrant’s Goods, as shown in Reg. No. 4735377, as to be likely to cause confusion,
`
`or to cause mistake, or to deceive [Section 2(d) of the Trademark Act of 1946, 15 U.S.C. Sect.
`
`1052(d)].
`
`13.
`
`The continued existence of the Mark creates a serious cloud on Petitioner’s
`
`continued right to use its mark AQUASIL, or any other variations thereof, for the goods set forth
`
`in its application, namely “anti-aging creams; cosmetics; lotions for face and body care; non-
`
`medicated skin care creams and lotions; non-medicated skin care preparations” and “acne
`
`medications; acne treatment preparations; anti-inflammatory ointments; medicated ointments for
`
`treating dermatological conditions.”
`
`14.
`
`Petitioner believes that it is and will be damaged by the continued registration of
`
`the Mark to Registrant.
`
`WHEREFORE, Petitioner HS Cosmetics, LLC prays that Registrant’s Mark AQUACIL,
`
`Reg. No. 4735377, be canceled in its entirety.
`
`3
`
`

`

`DATED: April 4, 2018
`
`/s/ Brian Gaynor
`By: Brian M. Gaynor, Esq.
`PARKER IBRAHIM & BERG LLC
`270 Davidson Avenue
`Somerset, New Jersey 08873
`Phone: (908) 725-9700
`brian.gaynor@piblaw.com
`Attorneys for Petitioner,
`HS Cosmetics, LLC
`
`4
`
`

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