Trademark Court August 2006 Judgments
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Merck Kga A. Vs. Alpharma Inc.
Court: Trademark
Decided on: Aug-29-2006
Reported in: (2006)(33)PTC536Reg
1. This order will dispose of a proposed opposition dated 2nd May, 2006 filed by M/s. Alpharma Inc., a company organized and incorporated under the laws of U.S.A., at One Executive Drive, Fort Lane, New Jersey 07024, U.S.A. (hereinafter referred to as "the Opponents") in the above matter. The facts are briefly that the Applicants' trade mark inter alia "ALPHAPHARM" filed under Application No. 1353874 in class 42 was advertised in the Trade Marks Journal No. 1333 Supplementary (1) dated 15th August, 2005, which was made available to the public on 3rd January, 2006. A notice of opposition along with a request on Form TM-44 for extension of time by one month for filing the notice of opposition was filed to the aforesaid application on 2nd May, 2006 under Section 21(1) of the Act. The question now only arises as to whether the request on Form TM-44 along with the notice of opposition filed by the above named Opponents on 2nd May, 2006 is within the statutory period or not.2. Pursuant to t...
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