Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA1051655 Filing date: 04/28/2020

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 ICON S.R.L. Entity Limited Liability Company Citizenship Italy Address Via G. Di Vittorio, 11 Cadriano di Granarolo dell'Emilia, I-40057 ITALY

Attorney informa- Dennis H. Cavanaugh tion D H Cavanaugh Associates 555 Fifth Avenue FL 17 New York, NY 10017 UNITED STATES [email protected] 212-856-7210

Applicant Information

Application No 88731744 Publication date 03/03/2020 Opposition Filing 04/28/2020 Opposition Peri- 04/02/2020 Date od Ends Applicant Senzo, Inc. 1661 de l'Industrie - Suite 201 Beloeil, QC, J3G0S5 CANADA Goods/Services Affected by Opposition

Class 005. First Use: 0 First Use In Commerce: 0 All goods and services in the class are opposed, namely: Pharmaceutical agents affecting digestive organs; Pharmaceutical agents affecting metabolism; Pharmaceutical agents affecting sensory or- gans; Pharmaceutical antitussive-cold preparations; Pharmaceutical for the treatment of erectile dys- function; Pharmaceutical preparations and substances for the treatment of damaged skin and tissue; Pharmaceutical preparations and substances for the treatment of viral, metabolic, endocrine, muscu- loskeletal, cardiovascular, cardiopulmonary, genitourinary, sexual dysfunction, oncological, hepatolo- gical, ophthalmic, respiratory, neurological, gastrointestinal, hormonal, dermatological, psychiatric an- dimmune system related diseases and disorders; Pharmaceutical preparations for animal skincare; Pharmaceutical preparations for peripheral nervous system; Pharmaceutical preparations for redu- cing sexual activity; Pharmaceutical preparationsfor skin care; Pharmaceutical preparations for skin wounds; Pharmaceutical preparations for the treatment of kidney diseases; Pharmaceutical prepara- tions for treating allergies; Pharmaceutical preparations for treating and preventing tendon and muscle injuries and disorders, sports related injuries, and for knee cartilage regeneration; Pharma- ceutical preparations for treating chemical imbalances;Pharmaceutical preparations for treating hy- pertension; Pharmaceutical preparations for treating skin disorders; Pharmaceutical preparations for treating sunburn; Pharmaceutical preparations for wounds; Pharmaceutical products and prepara- tions against dry skin caused by pregnancy; Pharmaceutical products and preparations for hydrating the skin during pregnancy; Pharmaceutical products and preparations for pregnancy blemishes; Pharmaceutical products and preparations for preventing skin blemishes during pregnancy; Pharma- ceutical products and preparations to prevent stretch marks; Pharmaceuticalproducts for skin care for animals; Pharmaceutical products for the treatment of bone diseases; Pharmaceutical productsfor the treatment of joint disease; Pharmaceutical products for treating respiratory diseases; Pharmaceutical skin lotions; Pharmaceuticals for the treatment of erectile dysfunction; Pharmaceuticals,namely, in- ducers of erections; Preparation for the relief of pain; Vitamin A preparations; Vitamin and mineral formed and packaged as bars; Vitamin and mineralpreparations for medical use; Vitamin and mineral supplements; Vitamin B preparations; Vitamin C preparations; Vitamin D preparations; Vitamin drops; Vitamin enriched chewing gum for medical purposes; Vitamin enriched sparkling water for medical purposes; Vitamin enriched water for medical purposes; Vitamin fortified beverages for medical pur- poses; Vitamin oils for human consumption; Vitamin preparations; Vitamin supplement in tablet form for use in making an effervescent beverage when added to water; Vitamin supplement patches; Vit- amin supplements; Vitamin tablets; Vitamins; Vitamins and vitamin preparations; Vitamins and dietary food supplements for animals; Vitamins for pets; Aloe vera preparations for pharmaceutical purposes; Amino acid preparations for veterinary purposes; Animal feed additive for use as a nutritional supple- ment for medical purposes; Anti-diabetic pharmaceuticals; Antibacterial pharmaceuticals; Bacterial preparations for medical and veterinary use; Bacterial and bacteriological preparations for medicalor veterinary purposes; Bacteriologicalpreparations for medical and veterinaryuse; Balms for pharma- ceutical purposes;Calcium supplements; Cardiovascular pharmaceuticals; Dermatological pharma- ceutical products; Diagnostic preparations for medical and veterinary use; Diagnosticpreparations for medical or veterinary purposes; Diagnostic preparations for medical purposes; Diagnostic prepara- tions for medical purposes for detecting the presence of malignant, inflammatory and autoimmune disorders and conditions and tissue trauma in humans; Diagnostic preparations for veterinary pur- poses; Dietarysupplement for eliminating toxins from the intestinal tract; Dietary supplements; Dietary supplements for animals; Dietary supplements for pets; Dietary and nutritional supplements; Dietary and nutritional supplements for endurance sports;Dietary and nutritional supplements used for weight loss; Dietary food supplements; Dietary pet supplements in the formof pet treats; Dietary supplement- al drinks in the nature of vitamin and mineralbeverages; Dietetic preparations adapted for medical purposes; Dieting pills and powder preparations to promote fat burning; Digestives for pharmaceutical purposes; Enzyme preparations for medical purposes; Enzyme preparations for veterinary purposes; Food supplements, namely, anti-oxidants; Fruit-based meal replacement bars for treating vitamin B12 deficiency that causes fatigue; Gummy vitamins;Inhaled pharmaceutical preparations forthe treat- ment of respiratory diseases and disorders; Intravenous fluids used for rehydration, nutrition and the delivery of pharmaceutical preparations; Liquidvitamin supplements; Liquid nutritionalsupplement; Medical preparations for slimming purposes; Medical preparations, namely, foot, hand and skin creams for diabetics; Medicated mouth care and treatment preparations; Medicated skin care prepar- ations, namely, creams, lotions, gels, toners, cleaners and peels; Medicinalpreparations for stimulat- ing hair growth; Medicinal preparations for the mouth to be applied in the form of drops, capsules, tablets and compressed tablets; Medicinal hair growth preparations; Mineral preparations for medical purposes; Mineral, vitamin, or nutritionally enhancedwater for medical purposes; Mixed vitamin pre- parations; Multi-vitamin preparations; Nasal cleaning preparations for medical purposes; Natural sup- plements for treating erectile dysfunction; Natural remedy preparations for the treatment of gastro- intestinal conditions, hormonal and chemical imbalances, and sleep disorders; Nutritional supplement energy bars; Nutritional supplement for eliminating toxins from the body; Nutritional supplement for eliminating toxins from the intestinal tract; Nutritional supplement shakes; Nutritional supplements; Nutritional supplements, namely, carbohydrates in powdered form; Nutritional supplements, namely, probiotic compositions; Ocular pharmaceuticals; Pharmaceutical preparation for skin care; Pharma- ceutical preparation for the treatment of gout; Pharmaceutical preparations acting on the central nervous system; Pharmaceutical preparations and substances for the treatment of gastro-intestinal diseases; Pharmaceutical preparations and substances for thetreatment of infectious diseases, blooddisorders, pain, inflammation, sepsis, alopecia, obesity and cognitive disorders; Pharmaceutical preparations for inhalation for the treatment of pulmonary hypertension; Pharmaceutical preparations for the treatment of eye diseases and conditions; Pharmaceutical preparations forthe treatment of heart rhythm disorders; Pharmaceutical preparations for the treatment of immune system related dis- eases and disorders; Pharmaceutical preparations for the treatment of infectious diseases; Pharma- ceutical preparations for the treatment of worms in pets; Pharmaceutical preparations, namely, a blood clotting aid and delivery system for use in human and veterinary medicine; Pharmaceutical pre- parations, namely, a drug delivery system comprising polymer-based oraltablets for the continuous release of awide variety of therapeutic agents; Pharmaceutical preparations, namely, an analgesic for human consumption taken orally; Pharmaceutical preparations, namely, appetite suppressants; Phar- maceutical anti-allergic preparations and substances;Plant extracts for pharmaceutical purposes; Po- tassium preparations for pharmaceutical purposes; Powdered nutritional supplement drink mix; Powdered nutritionalsupplement drink mix and concentrate; Prebiotic supplements; Prenatal vitam- ins;Prescription and non-prescription medicines, namely, pills, tablets, capsules, caplets, liquid drops, sachets and pharmaceutical preparations for the treatmentof cardiovascular disorders; Probiotic pre- parations for medical use; Probiotic supplements; Protein supplement shakes; Protein supplement shakes for weight gain purposes; Protein supplements; Proteinsupplements for animals; Protein sup- plements formed and packaged as bars; Protein dietary supplements; Protein dietary supplements formed and packaged as bars;Vegan protein for use as a nutritional supplement in ready-to-drink beverages; Veterinary pharmaceutical compounds for equine use to treat conditions of the leg, hoof, ear, nose and throat; Veterinary preparations for treatment of intestinal bacteria; Veterinary prepara- tions, namely, antioxidants; Veterinary preparations, namely, pain relief medication; Weight manage- ment supplements; Whey proteinsupplements; Yeast or yeast extracts for medical, veterinary or pharmaceutical purposes Grounds for Opposition

Priority and likelihood of confusion Trademark Act Section 2(d) Mark Cited by Opposer as Basis for Opposition

U.S. Registration 6039245 Application Date 11/30/2018 No. Registration Date 04/28/2020 Foreign Priority 06/05/2018 Date Word Mark SENDO Design Mark

Description of The mark consists of the word "SENDO" with the "E" and "O" rotated sideways. Mark Goods/Services Class 003. First use: First Use: 0 First Use In Commerce: 0 Hair creams; Hair dye; Tints for the hair; Hair mascara; Hair lighteners; Hair ; Hair creams in the nature of hair moisturizers; Conditioning preparations for the hair; Hair glaze; Non-medicated hair balm; Hair emollients; oils for hair- conditioning; Hair gel; Hair care lotions; Hair bleaching preparations; for use on hair; Hair mousse; Hair spray; Shampoo; Hair straightening prepara- tions; Hair pomades; Hair nourishers; Hair tonic; Hair-washing powder; Non- medicated hair serums; Hair liquids in the nature of oils for conditioning hair, non-medicated hair serums, hair glazes, hairemollients; Hair masks; Hair fixers; Hair rinses, namely, shampoo-conditioners;Neutralizing hair care preparations; Hair protection gels; Hair texturizers; Hair protection lotions; Hair lotion; Hair- moisturizing conditioners; Mixes of essential oils for combing hair; Hair protec- tion creams; Hair protection mousse; Shampoos for human hair; Styling paste forhair; Cosmetic hair lotions; Non-medicated hair shampoos; Hair dyeing pre- parations; Hair tinting preparations; Baby hair conditioner; Hair permanent wave kits containing permanent wave preparations, neutralizing solutions, condition- ers, permanent wave end wraps; Wax treatments for the hair being wax for re- moving body hair, hair styling fixative in the nature of hair wax; Hair fixing oil; Cosmetichair dressing preparations; Coloring lotions for the hair; preparations for setting hair; hair permanent wave preparations; styling lotions; non- medicated hairtonic; wave-set lotions; hair-waiving preparations; hair condition- ers for babies; hydrogen peroxide for use on the hair; hair frosts; hair conditioner bars; creams for fixing hair; gels for fixing hair; hair strengthening treatment lo- tions; styling gels; hair treatment preparations, namely, shampoo; preparations for protecting the hair from the sun; hair care creams; hair grooming prepara- tions; non-medicated hair care preparations and treatments for cosmetic pur- poses; hair care masks; non-medicated hair care serums; adhesives for false eyelashes, hair and nails; hair fixers in refill packs for dispensers; hair rinses for cosmetic use; non-medicated hair desiccating treatments for cosmetic use; pre- parations forprotecting colored hair, namely, masks,shampoos, hair condition- ers, hair creams, hair gels, hair lotions, hair sprays;Japanese hair fixing oil (bintsuke-abura); oil baths for hair care; non-medicated hair styling serums; hair styling masks; Bath soaps for use as hair and body wash; cosmetic preparations for the hairand scalp; hair preservation treatmentsfor cosmetic use in the nature of shampoos, hair conditioners, hair creams, hair gels, hair lotions, hair sprays; mousses being hair styling aids; hair care preparations, not for medical pur- poses; toiletries in the nature of mousses for use in styling the hair; Cleansing creams;perfumed creams; exfoliant creams; depilatory creams; aftershave creams; skin barrier creams; creams for tanning the skin; sun tan creams; sun creams; skin conditioning creams; skin washing creams; cosmetic creams; make-up removing creams;after sun creams; polishing creams; non-medicated skin cream; shaving cream; non-medicated aromatherapy skin creams; day skin creams; cosmetic self-tanning creams; anti-aging creams; leather dressings; cosmetic nourishing creams; shower creams; cosmetic skin toning creams; nightcreams; boot cream; cosmetics, namely, fluid skin cream; cosmetics, namely, night creams; non-medicated cleansing creams; non-medicated nutri- tional skin creams; body cream; anti-freckle creams; cosmetic sun-protecting preparations; face creams for cosmetic use; eye cream; anti-wrinkle cream; skin cream; creams for leather; beauty balm creams; non-medicated dermatological creams; hand creams; sun-tanning creams and lotions; cosmetic creams and lo- tions; baby sun creams; non-medicated bath creams; non-medicated babies' skin cream; preservative creams for leather; cosmetics, namely, sun protect- ingcreams; cream soaps for use in washing; creams for firming the skin; mas- sage creams, not medicated; skin lightening creams; cosmetic hand creams; skin whitening creams; cosmetics in the form of creams; cosmetic creams for dry skin; skin recovery creams for cosmetic use; hydrating creams for cosmetic use; cold creams for cosmetic use; scented body creams; moisturizing creams, body lotions and skin gels; shoe polish and creams; tooth whitening creams; non-medicated creams forthe body; creams for cellulite reduction; non- medicated creams for the eyes; pre-shave creams; Cosmetic moisturizing skin creams; blemish balm skin creams; cosmetic skin care creams; age spot redu- cing creams; cosmetic creams for firming skin around eyes; scented body lo- tions andcreams; fair complexion creams; non-medicated diaper rash cream; make-up primers in the form of pastes; skin conditioning creams for cosmetic purposes; face and body creams; cosmetic body and facial creams; skin care creams, other than formedical use; under-eye enhancers; cosmetic tonics in the nature of astringents,skin toners, skin cleansers; skin toners; skin toners for cos- metic use; cosmetic facial skin toners; non-medicated skintoners; beauty tonics for application to the face in the nature of astringents,skin toners, facial cleansers; beauty tonics for application to the body in thenature of astringents, skin toners, skin cleansers; cosmetics; oils for cosmetic purposes; cleansing milk for toilet purposes; cosmetic skin moisturizers; cosmetic rouges; sun skin bronzers; cosmetics, namely, pressed face powder; cosmetics and cosmetic preparations; cosmetic soaps; natural cosmetics; mousses being cosmetic creams; organic cosmetics; color cosmetics; functional cosmetics being non- medicated anti-ageing skin care preparations; non medicated cosmetics; cos- metic suntan lotion; cosmetic tanning preparations; cosmetic sun blocking pre- parations; cosmetic moisturizing concentrates, namely, face oils, body oils, bath oils,body creams, face creams; cosmetics foranimals; cosmetic self-tanning pre- parations; mineral oils for cosmetic purposes; cosmetic after-sun oils; cosmetic sun tanning oil; cosmetic self-tanning lotions; cosmetic skin moisturizing gels; cosmetic solid powder for compacts; cosmetics for children; cosmetic skin emol- lientpreparations; beauty care cosmetics; non-medicated sun care preparations; moisturizing preparations for the skin; decorative cosmetics; cosmetic prepara- tions for skin firming; cosmetics containing keratin; cosmetics containing pan- thenol; sun-tanning gels; cosmetics for personal use; cosmetics for use on the skin; cosmetic nail tips; tissues impregnated withcosmetics; eyebrow cosmetics; color cosmetics for the eyes; eye make-up; cosmetics for eyelashes; cleaner for cosmetic brushes; cosmetic nail varnish remover; color cosmetics for children; cosmetic kits comprised of , lip gloss, mascara, eye shadow, rouge, ; lip cosmetics; cosmetics containing hyaluronic acid; cosmetics in the form of milks; cosmetics, namely, body paint; cosmetic preparations for baths; cosmetic facial cleansers; cosmetics in the form of oils; cosmetic facial moistur- izers; cosmetics in the form of gels; cosmetic facial scrubs; cosmetic skin masks; cosmeticsin the form of rouge; color cosmetics for the skin; cosmetic pressed face powder refills; cosmetics in the form of powders; cosmetics in the form of lotions; cosmetic lip coatings in the nature of lip balms, lip creams, lip glosses, lip tints, lips stains, lipstick; cosmetics inthe form of eye shadow; skin conditioners; cosmetic hair regrowth inhibiting preparations; cosmetic oils for the epidermis; cosmetic skin cleansers; make-up; cosmetic eye gels; cosmetic facial preparations; cosmetic body scrubs; cosmetic products for the shower, namely, bar soaps, liquid soaps, shower gels, shower scrubs; cosmetic lip stains; body oils for cosmetic use; cosmetic sun blocking oils; cosmetic nail hardeners; cos- metic skinwhitening preparations; skincare cosmetics; cosmetics for use in the treatment of wrinkled skin; cosmetic skin lightening compositions; cosmetic nail polish base coat; cosmetic sun blocking ; cosmetic eye liners; cosmetic sun protecting preparations for lips; cosmetics for the treatment of dry skin; cos- metic skincare oils; facial wipes impregnated with cosmetics; non-medicated cosmetic lip protectors; slimming aids in the nature of cosmetic creams, body lo- tions; cosmetic preparations for body care; glitter in spray form for use as a cos- metic; decorative cosmetics in refill packs; cosmetics for protecting the skin from sunburn; cosmetic preparations for use as aids to slimming; cosmetic prepara- tions for the care of mouth and teeth; perfume oils for the manufacture of cos- metic preparations; cosmetic skin enhancers; porestightening mask packs used as cosmetics; non-medicated cosmetics and toiletry preparations; body and fa- cial gels for cosmetic purposes; cosmetic preparations for bath and shower; pa- per wipes impregnated with cosmetic preparations; cosmeticteeth whitening strips impregnated withteeth whitening preparations; cosmetic products in the form of aerosols for skincare; cosmetic preparations for nail drying; cosmetic fa- cial washes; facial masks; face powder; make-up for the face; cosmetic facial lo- tions; exfoliating scrubs for the face; non-medicated facial soaps; facial conceal- er; face oils; Non-medicated face gels; facial butters being cosmetic creams; fa- cial cleansing milk; cleaning masks for the face; non-medicated face cream; non-medicated liquid soaps for hands and face; facial cleansing grains; non- medicated face scrubs; facialmassage oils; Face packs in the nature of pore tightening mask packs used as cosmetics; toning lotion for the face, body and hands; make-up for the face and body; facial care preparations, namely, facial cleansers, facial moisturizers, facial creams, facial lotions, facial tonics; facial emulsions; Non-medicated facial serum for cosmetic use; Face and body masks; body and facial butters; Non-medicated face care preparations, namely, facial cleansers, facial moisturizers, facial creams, facial lotions, facial tonics; body and facial oils; cosmetic white face powder; lotions for face and body care; make-up preparations for the face and body; Cosmetics in the form of pastesfor application to the face to counteract glare; face powder in the form of powder- coated paper; disposable wipes impregnated with cleansing compounds for use on the face; wrinkle-minimizing cosmeticpreparations for topical facial use; body sprays; body emulsions; body milks; body shampoos being skin cleansers; body scrub; body moisturizers; body talcum powder; body masks; body powder; body glitters; Non-medicated body gels; Body souffle being a cosmetic cream; body lotions; Abrasive skin preparations for use on the body; body mask cream; pumice stonesfor use on the body; scented body spray; body cleansing foams for personal use;perfumery, namely, body deodorants; body cream soap; body oil spray; face and body glitter; cakes of soap for body washing; scented body lotions; non-medicatedbody sprays; Non-medicated body powder;body art stick- ers; deodorants for body care; baby body milks; Cosmetic moisturizing body lo- tion; non-medicated body soaks; Non-medicated soaps for body care; Sparkling fluids for the body, namely, body lotions, body milks; body massage oils; Non- medicated skin care preparations,namely, body mist; soap free washing emul- sions for the body; Cosmetics, namely,hand and body butter; Non-medicated body care preparations, namely, body scrubs, non-fragranced shower gels, body lotions, body creams; body mask lotion; Non-medicated toiletry preparations, namely, perfumed body lotions; body mask powder;Cosmetic body cleaning and beauty care preparations; Cosmetic body cleansing products, namely, skin cleansing creams, skin cleansing lotions, cleansing milks, hand cleaning gels in refill packs for dispensers; Foams for use in the shower; Non-medicated shower soap; shower gels; shower and bath foam; Cosmetic shower preparations; shower and bath gel; cosmetic bath and shower preparations; Non-medicated shower oils for cleaning and cosmetic purposes; shower salts not for medical purposes; Non-medicated bath oils andnon-medicated cosmetic shower oils; bath and shower gels, not for medical purposes; Shower gel in refill packs for dispensers; Blush pencils; Make-up preparations; Multifunctional decorative cos- metics; Non-medicated lip balms; Hair conditioning balsam; Shampoo-condi- tioners; Haircleaning preparations, namely, cleansing balms; Non-medicated balms for use on hair, skin, lips; Non-medicated foot balms; Non-medicated skin balms; Skin conditioners in the form of sprays for the scalp; Skin conditioners, namely, lip conditioners; Nail cuticle conditioners; exfoliating scrubs for the hands; Non-medicated hand cleansers; Non-medicated hand soap; hand lotions; non-medicated hand gels; Hand soap powders; Cleansing hand milks; Non- medicated hand lotion; Non-medicated hand oils; Hand washes; Cosmetic nail primer; Cleaning agents for the hands; Hand masks for skin care; Wipes impreg- nated with cleaning agents; Wipes impregnated with cosmetic lotions; Essentia- loils; Blended essential oils; Emulsified essential oils; Aromatics in the nature of potpourris and oils; Essential vegetable oils; Aromatic essential oils; Natural es- sential oils; Essential oils for personal use; Essential oils for aromatherapy use; Essential oils and aromatic extracts of flowers being perfumes; Cosmetic masks; Skin cleaning masks; Skin moisturizer masks; Hydrating cosmetic masks; Per- fume; Solid perfumes; Liquid perfumes; Air fragrancing preparations; Natural oils for perfumes; Oils for perfumes and scents; Room perfumes in spray form

Related Proceed- 91255499 ings

Attachments 79258645#TMSN.png( bytes ) SENZO and Design Notice of Opposition.pdf(104683 bytes )

Signature /Dennis H. Cavanaugh/ Name Dennis H. Cavanaugh Date 04/28/2020 NOTICE OF OPPOSITION

Pursuant to Trademark Rule 2.102, ICON S.R.L., an Italian limited liability company having an office and place of business at Via G. Di Vittorio, 11, Cadriano di Granarolo dell'Emilia, I-40057

Bologna, Italy (“Opposer” or “Icon”), believes that it is and will be damaged by registration of the mark shown in Application Serial No. 88731744 in International Class 5, and therefore opposes the same. As grounds for its opposition it alleges that:

1. The Applicant, Senzo, Inc. (“Applicant”), is upon information and belief, a Canadian corporation with a principal address at 1661 de l'Industrie - Suite 201, Beloeil, QC, Canada J3G0S5.

2. On or about December 18, 2019, Applicant filed the above-referenced trademark application under Section 1B to register the mark SENZO and Design for “Pharmaceutical agents affecting digestive organs; Pharmaceutical agents affecting metabolism; Pharmaceutical agents affecting sensory organs; Pharmaceutical antitussive-cold preparations; Pharmaceutical for the treatment of erectile dysfunction; Pharmaceutical preparations and substances for the treatment of damaged skin and tissue; Pharmaceutical preparations and substances for the treatment of viral, metabolic, endocrine, musculoskeletal, cardiovascular, cardiopulmonary, genitourinary, sexual dysfunction, oncological, hepatological, ophthalmic, respiratory, neurological, gastrointestinal, hormonal, dermatological, psychiatric and immune system related diseases and disorders;

Pharmaceutical preparations for animal skincare; Pharmaceutical preparations for peripheral nervous system; Pharmaceutical preparations for reducing sexual activity; Pharmaceutical preparations for skin care; Pharmaceutical preparations for skin wounds; Pharmaceutical preparations for the treatment of kidney diseases; Pharmaceutical preparations for treating allergies; Pharmaceutical preparations for treating and preventing tendon and muscle injuries and disorders, sports related

1 injuries, and for knee cartilage regeneration; Pharmaceutical preparations for treating chemical imbalances; Pharmaceutical preparations for treating hypertension; Pharmaceutical preparations for treating skin disorders; Pharmaceutical preparations for treating sunburn; Pharmaceutical preparations for wounds; Pharmaceutical products and preparations against dry skin caused by pregnancy; Pharmaceutical products and preparations for hydrating the skin during pregnancy;

Pharmaceutical products and preparations for pregnancy blemishes; Pharmaceutical products and preparations for preventing skin blemishes during pregnancy; Pharmaceutical products and preparations to prevent stretch marks; Pharmaceutical products for skin care for animals;

Pharmaceutical products for the treatment of bone diseases; Pharmaceutical products for the treatment of joint disease; Pharmaceutical products for treating respiratory diseases; Pharmaceutical skin lotions; Pharmaceuticals for the treatment of erectile dysfunction; Pharmaceuticals, namely, inducers of erections; Preparation for the relief of pain; Vitamin A preparations; Vitamin and mineral formed and packaged as bars; Vitamin and mineral preparations for medical use; Vitamin and mineral supplements; Vitamin B preparations; Vitamin C preparations; Vitamin D preparations;

Vitamin drops; Vitamin enriched chewing gum for medical purposes; Vitamin enriched sparkling water for medical purposes; Vitamin enriched water for medical purposes; Vitamin fortified beverages for medical purposes; Vitamin oils for human consumption; Vitamin preparations;

Vitamin supplement in tablet form for use in making an effervescent beverage when added to water;

Vitamin supplement patches; Vitamin supplements; Vitamin tablets; Vitamins; Vitamins and vitamin preparations; Vitamins and dietary food supplements for animals; Vitamins for pets; Aloe vera preparations for pharmaceutical purposes; Amino acid preparations for veterinary purposes; Animal feed additive for use as a nutritional supplement for medical purposes; Anti-diabetic pharmaceuticals; Antibacterial pharmaceuticals; Bacterial preparations for medical and veterinary

2 use; Bacterial and bacteriological preparations for medical or veterinary purposes; Bacteriological preparations for medical and veterinary use; Balms for pharmaceutical purposes; Calcium supplements; Cardiovascular pharmaceuticals; Dermatological pharmaceutical products; Diagnostic preparations for medical and veterinary use; Diagnostic preparations for medical or veterinary purposes; Diagnostic preparations for medical purposes; Diagnostic preparations for medical purposes for detecting the presence of malignant, inflammatory and autoimmune disorders and conditions and tissue trauma in humans; Diagnostic preparations for veterinary purposes; Dietary supplement for eliminating toxins from the intestinal tract; Dietary supplements; Dietary supplements for animals; Dietary supplements for pets; Dietary and nutritional supplements; Dietary and nutritional supplements for endurance sports; Dietary and nutritional supplements used for weight loss; Dietary food supplements; Dietary pet supplements in the form of pet treats; Dietary supplemental drinks in the nature of vitamin and mineral beverages; Dietetic preparations adapted for medical purposes; Dieting pills and powder preparations to promote fat burning; Digestives for pharmaceutical purposes; Enzyme preparations for medical purposes; Enzyme preparations for veterinary purposes; Food supplements, namely, anti-oxidants; Fruit-based meal replacement bars for treating vitamin B12 deficiency that causes fatigue; Gummy vitamins; Inhaled pharmaceutical preparations for the treatment of respiratory diseases and disorders; Intravenous fluids used for rehydration, nutrition and the delivery of pharmaceutical preparations; Liquid vitamin supplements;

Liquid nutritional supplement; Medical preparations for slimming purposes; Medical preparations, namely, foot, hand and skin creams for diabetics; Medicated mouth care and treatment preparations;

Medicated skin care preparations, namely, creams, lotions, gels, toners, cleaners and peels;

Medicinal preparations for stimulating hair growth; Medicinal preparations for the mouth to be applied in the form of drops, capsules, tablets and compressed tablets; Medicinal hair growth

3 preparations; Mineral preparations for medical purposes; Mineral, vitamin, or nutritionally enhanced water for medical purposes; Mixed vitamin preparations; Multi-vitamin preparations; Nasal cleaning preparations for medical purposes; Natural supplements for treating erectile dysfunction; Natural remedy preparations for the treatment of gastro-intestinal conditions, hormonal and chemical imbalances, and sleep disorders; Nutritional supplement energy bars; Nutritional supplement for eliminating toxins from the body; Nutritional supplement for eliminating toxins from the intestinal tract; Nutritional supplement shakes; Nutritional supplements; Nutritional supplements, namely, carbohydrates in powdered form; Nutritional supplements, namely, probiotic compositions; Ocular pharmaceuticals; Pharmaceutical preparation for skin care; Pharmaceutical preparation for the treatment of gout; Pharmaceutical preparations acting on the central nervous system; Pharmaceutical preparations and substances for the treatment of gastro-intestinal diseases; Pharmaceutical preparations and substances for the treatment of infectious diseases, blood disorders, pain, inflammation, sepsis, alopecia, obesity and cognitive disorders; Pharmaceutical preparations for inhalation for the treatment of pulmonary hypertension; Pharmaceutical preparations for the treatment of eye diseases and conditions; Pharmaceutical preparations for the treatment of heart rhythm disorders; Pharmaceutical preparations for the treatment of immune system related diseases and disorders; Pharmaceutical preparations for the treatment of infectious diseases; Pharmaceutical preparations for the treatment of worms in pets; Pharmaceutical preparations, namely, a blood clotting aid and delivery system for use in human and veterinary medicine; Pharmaceutical preparations, namely, a drug delivery system comprising polymer-based oral tablets for the continuous release of a wide variety of therapeutic agents; Pharmaceutical preparations, namely, an analgesic for human consumption taken orally; Pharmaceutical preparations, namely, appetite suppressants; Pharmaceutical anti-allergic preparations and substances; Plant extracts for

4 pharmaceutical purposes; Potassium preparations for pharmaceutical purposes; Powdered nutritional supplement drink mix; Powdered nutritional supplement drink mix and concentrate; Prebiotic supplements; Prenatal vitamins; Prescription and non-prescription medicines, namely, pills, tablets, capsules, caplets, liquid drops, sachets and pharmaceutical preparations for the treatment of cardiovascular disorders; Probiotic preparations for medical use; Probiotic supplements; Protein supplement shakes; Protein supplement shakes for weight gain purposes; Protein supplements;

Protein supplements for animals; Protein supplements formed and packaged as bars; Protein dietary supplements; Protein dietary supplements formed and packaged as bars; Vegan protein for use as a nutritional supplement in ready-to-drink beverages; Veterinary pharmaceutical compounds for equine use to treat conditions of the leg, hoof, ear, nose and throat; Veterinary preparations for treatment of intestinal bacteria; Veterinary preparations, namely, antioxidants; Veterinary preparations, namely, pain relief medication; Weight management supplements; Whey protein supplements; Yeast or yeast extracts for medical, veterinary or pharmaceutical purposes” in

International Class 5.

3. Opposer has a bona fide intent to use the mark SENDO in interstate commerce as a trademark to identify its products, and has applied to register it on the Principal Register.

4. Icon was founded in 2000 in Bologna, Italy. It has a presence in over 70 countries worldwide. Icon markets a wide range of hair care and treatment products for men and women.

Based on the biodynamic, zero-mile, organic, and fair-trade ingredients, Icon creates agricosmetic treatments and rituals combining extraordinary performance with healthful formulations which have a high concentration of botanical ingredients. Icon has a profound belief in respect for the environment and for promoting waste reduction. Each and every formulation, packaging, material, individual article or tool is designed to have a minimal environmental impact and to be long-lasting

5 or reusable and composted or transformed into a new resource. Its products’ high concentration of botanical active ingredients and their incredible effectiveness when applied in the right amount make them perfect for a wide variety of uses. Icon packages its formulations in glass bottles and jars and aluminum tubes which are reusable and recyclable. Icon avoids using unnecessary packaging and wrapping materials. All of its tools, items and articles are made of wood, glass, aluminum, organic regenerated cotton, recycled paper and many other natural ecological materials.

5. Opposer is the owner of the following registration for the mark SENDO on the

Principal Register: Registration No. 6,039,245, filed on November 28, 2018, claiming a priority date of June 5, 2018, and registered on April 28, 2020, for “Hair creams; Hair dye; Tints for the hair; Hair mascara; Hair lighteners; Hair wax; Hair creams in the nature of hair moisturizers; Conditioning preparations for the hair; Hair glaze; Non-medicated hair balm; Hair emollients; oils for hair conditioning; Hair gel; Hair care lotions; Hair bleaching preparations; Cosmetics for use on hair;

Hair mousse; Hair spray; Shampoo; Hair straightening preparations; Hair pomades; Hair nourishers;

Hair tonic; Hair-washing powder; Non-medicated hair serums; Hair liquids in the nature of oils for conditioning hair, non-medicated hair serums, hair glazes, hair emollients; Hair masks; Hair fixers;

Hair rinses, namely, shampoo-conditioners; Neutralizing hair care preparations; Hair protection gels;

Hair texturizers; Hair protection lotions; Hair lotion; Hair moisturizing conditioners; Mixes of essential oils for combing hair; Hair protection creams; Hair protection mousse; Shampoos for human hair; Styling paste for hair; Cosmetic hair lotions; Non-medicated hair shampoos; Hair dyeing preparations; Hair tinting preparations; Baby hair conditioner; Hair permanent wave kits containing permanent wave preparations, neutralizing solutions, conditioners, permanent wave end wraps; Wax treatments for the hair being wax for removing body hair, hair styling fixative in the nature of hair wax; Hair fixing oil; Cosmetic hair dressing preparations; Coloring lotions for the hair;

6 preparations for setting hair; hair permanent wave preparations; styling lotions; non-medicated hair tonic; wave-set lotions; hair-waiving preparations; hair conditioners for babies; hydrogen peroxide for use on the hair; hair frosts; hair conditioner bars; creams for fixing hair; gels for fixing hair; hair strengthening treatment lotions; styling gels; hair treatment preparations, namely, shampoo; preparations for protecting the hair from the sun; hair care creams; hair grooming preparations; non- medicated hair care preparations and treatments for cosmetic purposes; hair care masks; non- medicated hair care serums; adhesives for false eyelashes, hair and nails; hair fixers in refill packs for dispensers; hair rinses for cosmetic use; non-medicated hair desiccating treatments for cosmetic use; preparations for protecting colored hair, namely, masks, shampoos, hair conditioners, hair creams, hair gels, hair lotions, hair sprays; Japanese hair fixing oil (bintsuke-abura); oil baths for hair care; non-medicated hair styling serums; hair styling masks; Bath soaps for use as hair and body wash; cosmetic preparations for the hair and scalp; hair preservation treatments for cosmetic use in the nature of shampoos, hair conditioners, hair creams, hair gels, hair lotions, hair sprays; mousses being hair styling aids; hair care preparations, not for medical purposes; toiletries in the nature of mousses for use in styling the hair; Cleansing creams; perfumed creams; exfoliant creams; depilatory creams; aftershave creams; skin barrier creams; creams for tanning the skin; sun tan creams; sun creams; skin conditioning creams; skin washing creams; cosmetic creams; make-up removing creams; after sun creams; polishing creams; non-medicated skin cream; shaving cream; non- medicated aromatherapy skin creams; day skin creams; cosmetic self-tanning creams; anti-aging creams; leather dressings; cosmetic nourishing creams; shower creams; cosmetic skin toning creams; night creams; boot cream; cosmetics, namely, fluid skin cream; cosmetics, namely, night creams; non-medicated cleansing creams; non-medicated nutritional skin creams; body cream; anti-freckle creams; cosmetic sun-protecting preparations; face creams for cosmetic use; eye cream; anti-wrinkle

7 cream; skin cream; creams for leather; beauty balm creams; non-medicated dermatological creams; hand creams; sun-tanning creams and lotions; cosmetic creams and lotions; baby sun creams; non- medicated bath creams; non-medicated babies' skin cream; preservative creams for leather; cosmetics, namely, sun protecting creams; cream soaps for use in washing; creams for firming the skin; massage creams, not medicated; skin lightening creams; cosmetic hand creams; skin whitening creams; cosmetics in the form of creams; cosmetic creams for dry skin; skin recovery creams for cosmetic use; hydrating creams for cosmetic use; cold creams for cosmetic use; scented body creams; moisturizing creams, body lotions and skin gels; shoe polish and creams; tooth whitening creams; non-medicated creams for the body; creams for cellulite reduction; non-medicated creams for the eyes; pre-shave creams; Cosmetic moisturizing skin creams; blemish balm skin creams; cosmetic skin care creams; age spot reducing creams; cosmetic creams for firming skin around eyes; scented body lotions and creams; fair complexion creams; non-medicated diaper rash cream; make- up primers in the form of pastes; skin conditioning creams for cosmetic purposes; face and body creams; cosmetic body and facial creams; skin care creams, other than for medical use; under-eye enhancers; cosmetic tonics in the nature of astringents, skin toners, skin cleansers; skin toners; skin toners for cosmetic use; cosmetic facial skin toners; non-medicated skin toners; beauty tonics for application to the face in the nature of astringents, skin toners, facial cleansers; beauty tonics for application to the body in the nature of astringents, skin toners, skin cleansers; cosmetics; oils for cosmetic purposes; cleansing milk for toilet purposes; cosmetic skin moisturizers; cosmetic rouges; sun skin bronzers; cosmetics, namely, pressed face powder; cosmetics and cosmetic preparations; cosmetic soaps; natural cosmetics; mousses being cosmetic creams; organic cosmetics; color cosmetics; functional cosmetics being non-medicated anti-ageing skin care preparations; non medicated cosmetics; cosmetic suntan lotion; cosmetic tanning preparations; cosmetic sun blocking

8 preparations; cosmetic moisturizing concentrates, namely, face oils, body oils, bath oils, body creams, face creams; cosmetics for animals; cosmetic self-tanning preparations; mineral oils for cosmetic purposes; cosmetic after-sun oils; cosmetic sun tanning oil; cosmetic self-tanning lotions; cosmetic skin moisturizing gels; cosmetic solid powder for compacts; cosmetics for children; cosmetic skin emollient preparations; beauty care cosmetics; non-medicated sun care preparations; moisturizing preparations for the skin; decorative cosmetics; cosmetic preparations for skin firming; cosmetics containing keratin; cosmetics containing panthenol; sun-tanning gels; cosmetics for personal use; cosmetics for use on the skin; cosmetic nail tips; tissues impregnated with cosmetics; eyebrow cosmetics; color cosmetics for the eyes; eye make-up; cosmetics for eyelashes; cleaner for cosmetic brushes; cosmetic nail varnish remover; color cosmetics for children; cosmetic kits comprised of lipstick, lip gloss, mascara, eye shadow, rouge, foundation; lip cosmetics; cosmetics containing hyaluronic acid; cosmetics in the form of milks; cosmetics, namely, body paint; cosmetic preparations for baths; cosmetic facial cleansers; cosmetics in the form of oils; cosmetic facial moisturizers; cosmetics in the form of gels; cosmetic facial scrubs; cosmetic skin masks; cosmetics in the form of rouge; color cosmetics for the skin; cosmetic pressed face powder refills; cosmetics in the form of powders; cosmetics in the form of lotions; cosmetic lip coatings in the nature of lip balms, lip creams, lip glosses, lip tints, lips stains, lipstick; cosmetics in the form of eye shadow; skin conditioners; cosmetic hair regrowth inhibiting preparations; cosmetic oils for the epidermis; cosmetic skin cleansers; make-up; cosmetic eye gels; cosmetic facial preparations; cosmetic body scrubs; cosmetic products for the shower, namely, bar soaps, liquid soaps, shower gels, shower scrubs; cosmetic lip stains; body oils for cosmetic use; cosmetic sun blocking oils; cosmetic nail hardeners; cosmetic skin whitening preparations; skincare cosmetics; cosmetics for use in the treatment of wrinkled skin; cosmetic skin lightening compositions; cosmetic nail polish base coat;

9 cosmetic sun blocking lipsticks; cosmetic eye liners; cosmetic sun protecting preparations for lips; cosmetics for the treatment of dry skin; cosmetic skincare oils; facial wipes impregnated with cosmetics; non-medicated cosmetic lip protectors; slimming aids in the nature of cosmetic creams, body lotions; cosmetic preparations for body care; glitter in spray form for use as a cosmetic; decorative cosmetics in refill packs; cosmetics for protecting the skin from sunburn; cosmetic preparations for use as aids to slimming; cosmetic preparations for the care of mouth and teeth; perfume oils for the manufacture of cosmetic preparations; cosmetic skin enhancers; pores tightening mask packs used as cosmetics; non-medicated cosmetics and toiletry preparations; body and facial gels for cosmetic purposes; cosmetic preparations for bath and shower; paper wipes impregnated with cosmetic preparations; cosmetic teeth whitening strips impregnated with teeth whitening preparations; cosmetic products in the form of aerosols for skincare; cosmetic preparations for nail drying; cosmetic facial washes; facial masks; face powder; make-up for the face; cosmetic facial lotions; exfoliating scrubs for the face; non-medicated facial soaps; facial concealer; face oils; Non- medicated face gels; facial butters being cosmetic creams; facial cleansing milk; cleaning masks for the face; non-medicated face cream; non-medicated liquid soaps for hands and face; facial cleansing grains; non-medicated face scrubs; facial massage oils; Face packs in the nature of pore tightening mask packs used as cosmetics; toning lotion for the face, body and hands; make-up for the face and body; facial care preparations, namely, facial cleansers, facial moisturizers, facial creams, facial lotions, facial tonics; facial emulsions; Non-medicated facial serum for cosmetic use; Face and body masks; body and facial butters; Non-medicated face care preparations, namely, facial cleansers, facial moisturizers, facial creams, facial lotions, facial tonics; body and facial oils; cosmetic white face powder; lotions for face and body care; make-up preparations for the face and body; Cosmetics in the form of pastes for application to the face to counteract glare; face powder in the form of

10 powder-coated paper; disposable wipes impregnated with cleansing compounds for use on the face; wrinkle-minimizing cosmetic preparations for topical facial use; body sprays; body emulsions; body milks; body shampoos being skin cleansers; body scrub; body moisturizers; body talcum powder; body masks; body powder; body glitters; Non-medicated body gels; Body souffle being a cosmetic cream; body lotions; Abrasive skin preparations for use on the body; body mask cream; pumice stones for use on the body; scented body spray; body cleansing foams for personal use; perfumery, namely, body deodorants; body cream soap; body oil spray; face and body glitter; cakes of soap for body washing; scented body lotions; non-medicated body sprays; Non-medicated body powder; body art stickers; deodorants for body care; baby body milks; Cosmetic moisturizing body lotion; non-medicated body soaks; Non-medicated soaps for body care; Sparkling fluids for the body, namely, body lotions, body milks; body massage oils; Non-medicated skin care preparations, namely, body mist; soap free washing emulsions for the body; Cosmetics, namely, hand and body butter; Non-medicated body care preparations, namely, body scrubs, non-fragranced shower gels, body lotions, body creams; body mask lotion; Non-medicated toiletry preparations, namely, perfumed body lotions; body mask powder; Cosmetic body cleaning and beauty care preparations;

Cosmetic body cleansing products, namely, skin cleansing creams, skin cleansing lotions, cleansing milks, hand cleaning gels in refill packs for dispensers; Foams for use in the shower; Non-medicated shower soap; shower gels; shower and bath foam; Cosmetic shower preparations; shower and bath gel; cosmetic bath and shower preparations; Non-medicated shower oils for cleaning and cosmetic purposes; shower salts not for medical purposes; Non-medicated bath oils and non-medicated cosmetic shower oils; bath and shower gels, not for medical purposes; Shower gel in refill packs for dispensers; Blush pencils; Make-up preparations; Multifunctional decorative cosmetics; Non- medicated lip balms; Hair conditioning balsam; Shampoo-conditioners; Hair cleaning preparations,

11 namely, cleansing balms; Non-medicated balms for use on hair, skin, lips; Non-medicated foot balms; Non-medicated skin balms; Skin conditioners in the form of sprays for the scalp; Skin conditioners, namely, lip conditioners; Nail cuticle conditioners; exfoliating scrubs for the hands;

Non-medicated hand cleansers; Non-medicated hand soap; hand lotions; non-medicated hand gels;

Hand soap powders; Cleansing hand milks; Non-medicated hand lotion; Non-medicated hand oils;

Hand washes; Cosmetic nail primer; Cleaning agents for the hands; Hand masks for skin care; Wipes impregnated with cleaning agents; Wipes impregnated with cosmetic lotions; Essential oils; Blended essential oils; Emulsified essential oils; Aromatics in the nature of potpourris and oils; Essential vegetable oils; Aromatic essential oils; Natural essential oils; Essential oils for personal use;

Essential oils for aromatherapy use; Essential oils and aromatic extracts of flowers being perfumes;

Cosmetic masks; Skin cleaning masks; Skin moisturizer masks; Hydrating cosmetic masks;

Perfume; Solid perfumes; Liquid perfumes; Air fragrancing preparations; Natural oils for perfumes;

Oils for perfumes and scents; Room perfumes in spray form” in International Class 3. Opposer’s application was published for opposition on February 11, 2020.

6. Applicant’s filing date of December 18, 2019 is subsequent to Opposer’s filing date of November 30, 2018, and its priority date of June 5, 2018. Thus, priority is not at issue.

7. Applicant’s mark SENZO and Design is confusingly similar in sight, sound and meaning to Opposer’s SENDO mark. Applicant’s mark is virtually identical to Opposer’s mark.

Consequently, Applicant’s mark so closely resembles Opposer’s mark as to be likely to be confused with and mistaken for Opposer’s mark. As a result, there is a significant likelihood of confusion between Applicant’s mark and Opposer’s mark.

8. Applicant’s products are closely related to and/or encompass one or more of the

12 products of Opposer, thus increasing the likelihood of confusion that may result from registration and use of Applicant’s mark. Indeed, products of the type covered by both Applicant’s application and Opposer’s application often emanate from and are likely to be perceived by consumers as emanating from and/or being offered under the same trademark.

9. Opposer has invested substantial time, effort and money in developing and protecting its SENDO mark and the goods bearing it.

10. Registration of Applicant’s mark is likely to cause the relevant purchasing public to be confused, misled or deceived, and to falsely believe that Applicant’s goods are affiliated, associated, approved, sponsored, licensed or authorized by Opposer or others authorized or licensed by Opposer to use the SENDO mark. Persons familiar with Opposer’s mark are likely to purchase

Applicant’s products believing they are marketed by, affiliated with or endorsed by Opposer, when in fact they are not.

11. Registration of Applicant’s mark is likely to cause harm and damage to Opposer and its mark by causing confusion, mistake and/or deception as to the respective rights of the parties and as to the source of the products marketed and sold bearing Applicant’s mark, and by constituting a cloud on Opposer’s prior established rights in its SENDO mark. Such registration would give

Applicant at least a prima facie right to use Applicant’s mark, thereby causing continuing serious and irreparable harm to Opposer’s rights in its mark, its business and to the goodwill of such business symbolized by Opposer’s mark. Registration of Applicant’s mark will also tend to reduce the distinctiveness, value and goodwill of Opposer’s mark.

WHEREFORE, Opposer believes that it will be damaged by registration of the Applicant’s mark in International Class 5, Application Serial No. 88/731,744, and opposes registration thereof on

13 the grounds set forth above. Opposer further prays that Application Serial No. 88/731,744 be rejected, and that registration of Applicant’s mark therein sought for the goods specified therein in

International Class 5 be denied and refused.

Dated: New York, New York April 28, 2020 Respectfully submitted,

ICON S.R.L.

/Dennis H. Cavanaugh/ By: ______Dennis H. Cavanaugh D H CAVANAUGH ASSOCIATES 555 Fifth Avenue, 17th Floor New York, New York 10017 Tel: (212) 856-7210 Fax: (212) 856-7211 Email: [email protected]

Attorneys for Opposer

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