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Alquemie Group USPTO Notice of Opposition - 11202019.Pdf(5819360 Bytes )

Alquemie Group USPTO Notice of Opposition - 11202019.Pdf(5819360 Bytes )

Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA1016859 Filing date: 11/20/2019

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 Rhonda Davis Alquemie Product Development Group LLC Granted to Date 11/23/2019 of previous ex- tension Address 11 N. Water Street Suite 10290 MOBILE, AL 36602 UNITED STATES Party who filed RHONDA DAVIS Extension of time to oppose Relationship to The opposers legal name has not changed. The company's business name party who filed (Alquemie Product Development Group) was added in the "Company" section of Extension of time the Notice of Opposition Application. to oppose

Correspondence RHONDA DAVIS information ALQUEMIE PRODUCT DEVELOPMENT GROUP 11 N WATER STREET SUITE 10290 Suite 10290 MOBILE, AL 36602 UNITED STATES [email protected] 251-706-7087

Applicant Information

Application No 88445285 Publication date 09/24/2019 Opposition Filing 11/20/2019 Opposition Peri- 11/23/2019 Date od Ends Applicant Alchyme, LLC 517 Retreat Ln Apt 3A Burlington, NC 27215 UNITED STATES Goods/Services Affected by Opposition

Class 003. First Use: 0 First Use In Commerce: 0 All goods and services in the class are opposed, namely: Cosmetic balls; Cosmetic bath salts; Cos- metic body care preparations, namely, masks, butters, serums, elixirs, cleansing bars, bath milk; Cos- metic body mud; Cosmetic body scrubs for the skin; Cosmetic cotton wool; Cosmetic creams; Cos- meticcreams for skin care; Cosmetic blotting papers; Cosmetic hair dressing preparations; Cos- metic hair regrowth inhibiting preparations; Cosmetic hand creams; Cosmetic masks; Cosmetic mas- sage creams; Cosmetic milks; Cosmetic mud masks; Cosmetic nail preparations; Cosmetic nourish- ing creams; Cosmetic oils; Cosmetic oils for the epidermis; Cosmetic olive oil for the face and body; Cosmetic pads;Cosmetic pencils; Cosmetic preparations; Cosmetic preparations against sun- burn;Cosmetic preparations for bath and shower; Cosmetic preparations for baths; Cosmetic prepar- ations for body care; Cosmetic preparations for nail drying; Cosmetic preparations for skin care; Cos- metic preparations for skin renewal; Cosmetic preparations for the care of mouth and teeth; Cosmetic preparations for the hair and scalp; Cosmetic preparations, namely, firming creams; Cosmetic prepar- ations,namely, firming ; Cosmetic preparations, namely, skin balsams; Cosmetic products in the form of aerosols for skincare; Cosmetic rouges; Cosmetic skin fresheners; Cosmetic soaps; Cos- metic sun milk lotions; Cosmetic sun oils; Cosmeticsun-protecting preparations; Cosmetic sun- tanning preparations; Cosmetic sunscreen preparations; Cosmetic suntan lotions; Cosmetic suntan preparations; Cosmetic tanning preparations; Cosmetic white ; ; Cosmetics and cosmetic preparations; Cosmetics and make-up; Cosmetics for animals; Cosmetics for children; Cosmetics for non-domestic animals; Cosmetics in general, including perfumes; Cosmetics in the form of milks, lotions and emulsions; Cosmetics sold asan integral component of non-medicated skin- care preparations; Cosmetics, namely, compacts; Cosmetics, namely, lip ; Cosmetics, namely, lip repairers; Adhesives for cosmetic use; After-sun gels;After-sun milks; After-sun oils; Almondmilk for cosmetic purposes; Aloe vera gel for cosmetic purposes; Aloe vera preparations for cosmetic pur- poses; Amla oilfor cosmetic purposes; Anti-aging used as cosmetics; Argan oil forcos- metic purposes; Astringents for cosmetic purposes; Basma dye for cosmetic purposes; Bath oils for cosmetic purposes;Bath powder; Bay rums for cosmetic use;Bleaching preparations for cosmetic pur- poses; Body and beauty care cosmetics; Castor oil for cosmetic purposes; Chalk for cosmetic use; Chemicals sold as components of cosmetics; Cleaner for cosmeticbrushes; Cleansing creams; Cleansing milk for cosmetic purposes; Cocoa butter for cosmetic purposes; Coconut oil for cosmetic purposes; Collagen preparations for cosmetic purposes; Collagen preparations for cosmetics pur- poses; Colognes, perfumes and cosmetics; Coloring preparations for cosmetic purposes; Cotton balls for cosmetic purposes; Cotton buds for cosmetic purposes; Cotton for cosmetic purposes; Cotton puffs for cosmetic purposes; Cotton sticks for cosmetic purposes;Cotton swabs for cosmetic pur- poses; Cotton wool balls for cosmetic use; Cotton wool buds for cosmetic use; Cotton wool for cos- metic purposes; Decorative transfers for use as cosmetics; Eye compressesfor cosmetic purposes; Eyebrow cosmetics; Face creams for cosmetic use; Flower essences for cosmetic purposes; Gel eye patches for cosmetic purposes; Gels for cosmetic purposes; Glitter for cosmetic purposes; Grape seed oil for cosmetic use; Greases for cosmetic purposes; Henna for cosmetic purposes; Herbal ex- tracts sold as components of cosmetics; Hydrogenperoxide for cosmetic purposes; Impregnated cleaning pads impregnated with cosmetics; Lip stains; Lip stains for cosmetic purposes; Lotions for cosmetic purposes; Make-up kits comprised of masks, butters, serums, elixirs, cleansing bars, bath milk; Mask pack for cosmetic purposes; Milk for cosmetic purposes; Mineral powder for use in cos- metic body wrap applications; Nail cosmetics; Nail paint; Nail primer; Nail varnish for cosmetic pur- poses; Non-foaming cosmetic preparationsfor body cleansing; Non-medicated cosmetic skin care preparations consisting oforganic coconut virgin oil and coconut virgin oil; Non-medicated cosmetic soap;Non-medicated cosmetics; Nutritional oils for cosmetic purposes; Oil removing papers for cos- metic purposes; Oils for cosmetic purposes; Paraffin for cosmetic purposes; Pencils for cosmetic purposes; Perfume oils for the manufacture of cosmetic preparations; Petroleum jelly for cosmetic purposes; Plant and herb extracts sold as components of cosmetics; Pomades for cosmetic pur- poses; Pomades for beards for cosmetic purposes; Pore tightening mask packs used as cosmetics; Pre-moistened cosmetic tissues; Pre-moistened cosmetic towelettes; Pre-moistened cosmetic wipes; Private label cosmetics; Retinol cream for cosmetic purposes; Rose oil for cosmetic purposes; Self- tanning preparations; Shea butter for cosmeticpurposes; Skin and body topical lotions, creams and oils for cosmetic use; Skinconditioning creams for cosmetic purposes; Skin fresheners; Skin moistur- izers used as cosmetics; Solid powder for compacts; Spirit gum for cosmetic use; Suntanoils for cos- metic purposes; Tanning gels; Tanning milks; Tanning oils; Teeth whitening strips impregnated with teeth whitening preparations; Temporary tattoo transfers for use as cosmetics; Tissues impregnated with cosmetic lotions; Topical herbal extracts for cosmetic purposes;Topical skin sprays for cosmetic purposes Grounds for Opposition

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

U.S. Application 88255414 Application Date 01/09/2019 No. Registration Date NONE Foreign Priority NONE Date Word Mark ALQUEMIE Design Mark

Description of The mark consists of "Alquemie" in black font with multi-colored green leaf used Mark as the dot on the letter "i". The color white is not claimed as a feature of the mark but merely represents background. Goods/Services Class 003. First use: First Use: 0 First Use In Commerce: 0 Cosmetic preparations; Cosmetic preparations for body care; Cosmetic rouges; Cosmetics and cosmetic preparations; Cosmetics and make-up; Facial ; make-up; ; Make-up for the face and body; ; Nail varnish; Disposable wipes impregnated with cleansing chemicals or compounds for hair,scalp, lips and skin; Disposable wipes impregnated with cleansing compounds foruse on hair, scalp, lips and skin; Nailcosmetics; Nail paint; 3-in-1 hair conditioners; 3-in-1 hair ; 3-in-1 organic non- medicated soap bars for use as soap, and conditioner; Adhesive re- movers; Adhesives for affixing falseeyebrows; Adhesives for affixing false nails; Adhesives for ; Aromatic essential oils; Aromatic oils; Aromatic pil- lows comprising potpourri in fabric containers; Aromatic potpourris; Aromatic preparations, namely, skin creams, skin lotions, non-medicated skin gels, non- medicated skin toners, non-medicated skin cleaners, perfumes, cosmetic aero- sols for skincare; Bath and shower gels and salts not for medical purposes; Bath beads; Bath bombs; Bath cream; Bath crystals; Bath fizzies; Bath flakes; Bathfoam; Bath foams; Bath gel; Bath gels; Bath herbs; Bath ; Bath melts; Bath milks; Bath oil; Bath oils; Bath pearls; Bath preparations, not for medical purposes; Bath salts, not for medical purposes; Bath soaps; Bath soaps in liquid, solid or gel form; Bathing lotions; Blush; Blush pencils; Cleansers for intimate- personal hygiene purposes, non medicated; Cosmetic balls; Cosmetic bath salts; Cosmetic body mud; Cosmetic body scrubs for the face, hair and body; Cosmetic cotton wool; Cosmetic creams; Cosmetic creams for skin care; Cos- metic facial blotting papers; Cosmetic hair dressing preparations; Cosmetic hair filling creams, liquids, foam and aerosols for covering bald and thinning spots on the scalp; Cosmetic hair regrowth inhibiting preparations; Cosmetic hand creams; Cosmetic masks; Cosmetic massage creams; Cosmetic milks; Cosmet- ic mud masks; Cosmetic nail preparations; Cosmetic nourishing creams; Cos- metic oils; Cosmetic oils for the epidermis; Cosmetic olive oil for the face and body; Cosmetic pads; Cosmetic pencils; Cosmetic preparations against sun- burn; Cosmetic preparations for bath and shower; Cosmetic preparations for baths; Cosmetic preparations for eyelashes; Cosmetic preparations for nail dry- ing; Cosmetic preparations for protecting the skin from the sun's rays; Cosmetic preparations for skin care; Cosmetic preparations for skin renewal; Cosmetic preparations for slimming purposes; Cosmetic preparations for the care of mouth and teeth; Cosmetic preparations for the hair and scalp; Cosmetic prepar- ations, namely, firming creams; Cosmetic preparations, namely, firming lotions; Cosmetic preparations, namely, skin balsams; Cosmetic products in the form of aerosols for skin care;Cosmetic products in the form of aerosols for skincare; Cosmetic products takenorally, namely, pills that induce bronzing of the skin; Cosmetic skin fresheners; Cosmetic soaps; Cosmetic sun milk lotions; Cosmetic sun oils; Cosmetic sun-protecting preparations; Cosmetic sun-tanning prepara- tions; Cosmetic sunscreen preparations; Cosmetic suntan lotions; Cosmetic suntan preparations; Cosmetic tanning preparations; Cosmetic white face powder; Cosmetics; Cosmetics for animals; Cosmetics for children; Cosmetics for non-domestic animals; Cosmetics in general,including perfumes; Cosmetics in the form of milks, lotions and emulsions; Cosmetics sold as an integral com- ponent of non-medicated skincare preparations; Cosmetics, namely, compacts; Cosmetics, namely, lip primer; Cosmetics, namely, lip repairers; Deodorant for personal use; Deodorant soap; Deodorants and antiperspirants; Deodorants and antiperspirants forpersonal use; Deodorants for animals; Deodorants for body care; Deodorants for human beings; Deodorants for human beings or for anim- als; Deodorants for personal use; Deodorants for pets; Deodorizers for pets; Eye-shadow; Eyelash tint; Eyeliner; Eyeliner pencils; Eyeliners; Eyeshadow; Eyeshadow palettes; Eyeshadows; Facial cleaning preparation, namely, salicylic acne not for medical purposes; Facial cleansing grains; Facial cleans- ing milk; Facial ; Facial cream; Facial creams; Facial emulsions; Facial with SPF; Facial moisturizers; Facial oils; Facial washes; Foam- cleaning preparations; Foam cleansers for personal use; Foundation; Founda- tions; Hair balsam; Hair bleach; Hair bleaches; Hair butter; Hair care creams; Hair care lotions; Hair care preparations; Hair care preparations consisting of or- ganic coconut virgin oil and coconut virgin oil; Hair care products, namely, heat protection sprays; Hair cleaning preparations; Hair color; Hair color pens; Hair color removers; Hair colorants; preparations; Hair colorants; Hair coloring; Hair coloring and dyes; Hair coloring preparations; ; Hair conditioners; Hair conditioners forbabies; non-medicated hair condition- ersfor scalp and skin for encouraging hairgrowth; Hair creams; Hair curling pre- parations; Hair decolorants; Hair detangler preparations; Hair dressings for men; Hair dressings for women; Hair dye; Hairdyes; Hair emollients; Hair fixers; Hair frosts; ; Hair gel and ; Hair gels; Hair glaze; Hair glitter; Hair highlighting spray; Hair lacquers; Hair lighteners; Hair lotion; Hair lotions; Hair mascara; Hair masks; Hair mousse; Hair mousses; Hair nourishers; Hair oils; Hair piece bonding glue; Hair pomades; Hair products, namely, thickeningcontrol creams; Hair relaxers; Hair relaxing preparations; Hair removing cream;Hair rinses; Hair sheen spray; ; Hair sprays; Hair sprays and hair gels; Hair stick pomades; Hair straightening preparations; Hair styling fixative in the nature of hair wax; Hair styling gel; Hair styling preparations; Hair styling spray; Hair texture cream; Hair texturizers; Hair tonic; Hair tonics; Hair waving lotion; Hair waving preparations; Hair wax; Hair-washing powder; Lipstick cases; Lipstick holders; ; Lotions for beards; Lotions for cellulite reduction; Lotions for face and body care;Lotions for strengthening the nails; Make-up; Make-up pen- cils; Make-up powder; Make-up preparations; Make-up preparations for the face and body; Make-up primer; Make-up primers; Make-up remover; Make-up re- moving lotions; Make-up removing milk, gel, lotions and creams; Make-up re- moving milks; Make-up removing preparations; Make-up sets; Makeup setting sprays; Nail art pens; Nail art stickers; Nailbuffing preparations; Nail care kits comprising nail polish; Nail care preparations; Nail care preparations, namely, nail softeners; Nail cream; Nail decolorants; Nail enamel; Nail enamel removers; Nail enamels; Nail gel; Nail glitter; Nail grooming products, namely, tips, glue,lacquer and glitter; Nail hardeners; Nail polish base coat; Nail polish pens; Nail polish protector in the nature of a thin plastic covering applied to nails; Nail polish remover; Nail polish removerpens; Nail polish removers; Nail polishtop coat; Nail repair preparations; Nail repair products, namely, nail wraps; Nail re- pair products, namely, linen nail wraps; Nail repair products, namely, silk nail wraps; Nail strengtheners; Nail tips; Nail varnish removers; Nail varnishes; Nail- polish removers; Perfume; Perfume oils; Perfumed creams; Perfumed extracts for tissues and perfumes; Perfumed paste; Perfumed powder; Perfumed powders;Perfumed soap; Perfumed soaps; Perfumedtalcum powder; Perfumes; Perfumes and colognes; Perfumes and toilet waters; Perfumes for industrial pur- poses; Perfumes in solid form; Perfumes, aftershaves andcolognes; Perfumes, eau de colognes andaftershaves; Perfumes, eaux de cologne and aftershaves; Perfuming sachets; Powder cleaners for metals, ceramics and carpets; Powder laundry detergents; Shampoo-conditioners; Shampoos; Shampoos for animals; Shampoos for babies; Shampoos forpets; Skin abrasive preparations; Skin care preparation, namely, body polish; Skin care preparations, namely, skin peels; Skin care preparations, namely, body balm; Skin care preparations, namely, chemical peels for skin; Skin care preparations, namely, fruit acid peels for skin; Skin clarifiers; Skin cleansing cream;Skin conditioners; Skin cream; Skin creams; Skin creams in liquid and in solid form; Skin creams in liquid and solid; Skin creams in liquid and solid form; Skin emollients; Skin gels for accelerating, enhancing or extending tans; Skin lighteners; Skin lightening creams; Skin mois- turizer; Skin moisturizing gel; Skin polishing rice bran (arai-nuka); Skin soften- ers; Skin texturizers; creams; Skin whitening preparations; Soap for brightening textile; Soap for footperspiration; Sunscreen cream; Sunscreen creams; Sunscreen preparations; Toninglotion, for the face, body and hands; Wipes impregnated with a cleaning preparation; Wipes impregnated with a skin cleanser; Acrylic nail powder and liquid application, restoration and removal pre- parations for shaping or sculpting nails; Adhesives for cosmetic purposes; Ad- hesives for cosmetic use; Adhesives for affixing false eyelashes; Adhesives for affixing false hair; Adhesives for attaching artificial fingernails and/or eyelashes; Adhesives for false eyelashes, hair and nails; After shave lotions; After-shave lo- tions; After-sun lotions; After-sun gels; After-sun milks; After-sun oils; Ageretard- ant lotion; All purpose cleaning preparation with deodorizing properties;Almond soap; Almond soaps; Almond milk for cosmetic purposes; Aloe vera gel forcos- metic purposes; Aloe vera preparations for cosmetic purposes; Alum stones be- ing astringents for cosmetic purposes; Amber being perfume; Amla oil for cos- metic purposes; Anti-aging cleanser; Anti-aging ; Anti-aging moisturizers used as cosmetics; Antiperspirant soap; Antiperspirants and deodorants for per- sonal use; Argan oil for cosmetic purposes; Aromatic oils for the bath; Artificial eyelashes; Astringents for cosmetic purposes; Baby hair conditioner; Baby lo- tion; Baby powder; Baby powders; Baby shampoo; Baby wipes impregnated with cleaning preparations; Baby bubble bath; Baby hand soap; Bar soap; Basma dye for cosmetic purposes; Bath oils for cosmetic purposes; Bath powder; Bay rums for cosmetic use; Beauty lotions; Beauty masks; Beauty ser- ums; Beauty soap; Bleaching salts; Bleaching preparations for cosmetic pur- poses;Bleaching preparations for the hair; Body deodorant in pill form; Body lo- tion; Body lotions; Body mask cream; Body masklotion; Body mask powder; Body masks; ; Body scrub; Body scrubs; Body and beauty care cosmetics; Body cream soap; Body spray used as a personal deodorant and as fragrance; Bubble bath; Cakes of soap; Cakes of non-medicated soap;Cakes of toilet soap; Carpet shampoo; Carpet cleaners with deodorizer; Cases for baby wipes impregnated with cleaning preparations; Castor oil for cosmetic purposes; Chalk for cosmetic use; Chalk formake-up; Chemicals sold as components of cosmetics; Cleaner for cosmetic brushes; Cleansing creams; Cleansing milk for cosmetic purposes; Cloths or tissues impregnated with a skin cleanser; Cocoa butter for cosmetic purposes; Coconut oil for cosmetic purposes; Collagen pre- parations for cosmetic purposes; Collagen preparations for cosmetics purposes; Colognes, perfumes and cosmetics; Color-removing preparations for hair; Color- ing preparations for cosmetic purposes; Combination cleaner and deodorizer for litter boxes; Compacts containing make-up; for eyes, face and body; Contour make-up sticks; Contour powder; Cosmetic body care preparations, namely, body scrubsand shower gels; Cosmetic preparations for removing gel nails, acrylic nails, and nail polish; Cotton balls for cosmetic purposes; Cotton buds for cosmetic purposes; Cotton for cosmetic purposes; Cotton puffs for cos- metic purposes; Cotton puffs impregnated with make-up removing preparations; Cotton sticks for cosmeticpurposes; Cotton swabs for cosmetic purposes; Cot- ton wool and cotton sticks forcosmetic purposes; Cotton wool balls for cosmetic use; Cotton wool buds for cosmetic use; Cotton wool for cosmetic purposes; Cream soaps; Cream for whitening the skin; Creamy foundation; Creamy face powder; Decorative transfers and skin jewels for cosmetic purposes; Decorative transfers for cosmetic purposes; Decorative transfers for use as cosmetics; De- tergent soap; Dishwasher powder; Disposablewipes impregnated with cleaning chemicals or compounds for industrial and commercial use; Douching prepara- tions for personal sanitary or deodorant purposes; Dry shampoos; Dusting powder; Eau de perfume; Essential oils as perfume for laundry purposes; Ex- tracts of flowers being perfumes; Eye lotions; Eye make-up; Eye make-up re- mover; Eye compresses for cosmetic purposes; Eyebrow cosmetics; Eyebrow powder; Eyeglass wipes impregnated with a detergent; Eyes make-up; Face powder; Face powder paste; Face and body lotions; Face creams for cosmetic use; Face milk and lotions; Face-powder on paper; Facial lotion; Facial make- up; Facial masks; Facial scrubs; Facial beauty masks; Facial make-up, namely, cosmetics; personal care, namely, cosmetic skin care preparations; False eye- lashes; False nails; False nails made of powder and liquid acrylics, polymer res- in and silk; Feminine deodorant sprays; Feminine deodorant suppositories; Flower essences for cosmeticpurposes; Foam bath; Foot deodorant spray; Foot masks for skin care; Foot scrubs; Fragranced facial moisturizer; Fragranced body care preparations, namely, body scrubs and shower gels; Fragranced face care preparations, namely, facial cleansers and facial moisturizers; Fragranced skin care preparations, namely, skin lotions, creams, cleansing foams and cos- metic aerosols for skin care; Gauze for cosmetic purposes; Gel eye masks; Gel eyepatches for cosmetic purposes; Gels forcosmetic purposes; General purpose cleaning, polishing, and abrasive liquids and powders; General purpose scour- ing powder; Gift baskets containing non-medicated bath preparations and cos- metic preparations; Glitter for cosmetic purposes; Granulated soaps; Grape seed oil for cosmetic use; Greases for cosmetic purposes; Hair shampoo; Hair shampoos and conditioners; Hair care kits comprising non-medicated hair care preparations, namely, hair lotions, creams, styling foams and aerosols hair spray; Hair rinses; Hand lotions; Hand masks for skin care; Hand scrubs; Heat protectant sprays for hair; Henna for cosmetic purposes; Herbal extracts sold as components of cosmetics; Hydrogen peroxide for cosmetic purposes; Hydrogen peroxide for use on the hair; Impregnated cleaning pads impregnated with cos- metics; Incontinence wipes impregnatedwith cleansing preparations; Ionone be- ing perfume; Japanese hair fixing oil (bintsuke-abura); Laundry soap; Laundry fabric conditioner; Lip stains; Lip stains for cosmetic purposes; Liquid bath soaps; Liquid eyeliners; Liquid foundation (mizu-); Liquid perfumes; Liquid soaps for laundry; Liquid latex makeup; Loofah soaps; Loose face powder; Lo- tions for cosmetic purposes; Make-up foundation; Make-up foundations; Make- up kits comprised of mascara and blush; Mask pack for cosmetic purposes; Massage lotions; Massage candles for cosmetic purposes; Milk for cosmetic purposes; Mineral powder for use in cosmetic body wrap applications; Mineral salt in the nature of bath salts not for medical purposes; Moistenedtooth powder; Moisturizing body lotions; Moisturizing preparations for the skin; Moisturizing solutions for the skin; Nail polishing powder; Nail primer; Nail varnish for cosmet- ic purposes; Natural soap bars; Natural mineral make-up; Naturally handmade non-medicated soap bars; Non-foaming cosmetic preparations for face, hair and body; Non-medicated bath preparations; Non-medicated bath salts; Non- medicated bath soap; Non-medicated bathsoaps in liquid, solid or gel form; Non- medicated cleansers for intimate personal hygiene purposes; Non-medicated cosmetic soap; Non-medicated cosmetics; Non-medicated facial and eye serum containingantioxidants; Non-medicated hair restoration lotions; Non-medicated hair serums; Non-medicated shampoos for hair and body; Non-medicated skin care preparation,namely, body mist; Non-medicated skin care preparations; Non-medicated skin cream for general skin rash and irritation resulting from skin shingles; Non-medicated skin creams; Non-medicated skin creams with essen- tial oils for use in aromatherapy; Non-medicated soaps; Non-medicated soaps for babies; Non-medicated anti-aging serum; Non-medicated balms for useon hair, scalp. lips and skin; Non-medicated bar soap; Non-medicated beard carepreparations, namely, creams, lotions, gels, toners and cleaners; Non- medicatedbeauty soap; Non-medicated bubble bath preparations; Non- medicated cleansers for personal use, namely, facial cleansersand facial mois- turizers; Non-medicated cleansers, namely, facial cleansers; facial moisturizers; Non-medicated cosmeticskin care preparations consisting of organic coconut virgin oil and coconut virgin oil; Non-medicated cream soap; Non-medicated dandruff shampoo; Non-medicateddiaper rash ointments and lotions; Non- medicated exfoliating preparations for hair, scalp, lips and skin; Non- medicatedfoot lotions; Non-medicated foot powder; Non-medicated gel for hair, scalp, lips and skin; Non-medicated grooming preparations in the nature of shampoos for animals; Non-medicated hair shampoos for hair and body; Non- medicated hair treatment preparations for cosmetic purposes; Non-medicated hand soaps; Non-medicated handmade soap bars; Non-medicated industrial soap; Non-medicated liquid soap; Non-medicated liquid soaps; Non-medicated lotions for hair, scalp, lips and skin; Non-medicated preparations all for the care of skin, hair and scalp; Non-medicated serums for use on hair, scalp, lips and skin; Non-medicated skin serums; Non-medicated skin toners; Non-medicated skincare creams and lotions; Non-medicated skin care preparations, namely, creams, lotions, gels, toners, cleaners and peels; Non-medicated skin care pre- parations,namely, creams, lotions, gels, toners, cleaners and peels; Non- medicated soap in the form of bath toys; Non-medicated stimulating lotions for the skin; Non-medicated waterless soap; Non-medicated hair, scalp, lips and skin care preparations; Non-medicated, non-veterinary grooming preparations in the nature of pet shampoo and conditioner; Nutritional oils for cosmetic pur- poses; Oil baths for hair care; Oil removing papers for cosmetic purposes; Oils for cosmetic purposes; Oils for hair conditioning; Oils for perfumes and scents; Organic soap bars; Paper soaps for personal uses; Paraffin wax for cosmetic purposes; Patches containing sun screen and sun block for use on the skin; Pencils for cosmetic purposes; Perfume oils for the manufacture of cosmetic preparations; Permanent waving lotions; Personal deodorants; Pet shampoo; Pet shampoos; Petroleum jelly for cosmetic purposes; Plant and herb extracts sold ascomponents of cosmetics; Polishing powders; Pomades for cosmetic pur- poses; Pomades for hair, skin and nails for cosmetic purposes; Pore tightening mask packs used as cosmetics; Powder for make-up; Pre-moistened cosmetic tissues; Pre-moistened cosmetic towelettes; Pre-moistened cosmetic wipes; Preparations for permanent hair waves; Preparations for removing gel nails; Preparations for setting hair; Pressed face powder; Private label cosmetics; Ret- inol cream for cosmetic purposes; Rose oil for cosmetic purposes; Sachets for perfuming linen; Saddle soap; Scented body lotions and creams; Scouring- powders; Scrubbing powder; Seawater-based skin care preparations for skin re- newal; Self-tanning preparations; foam; Shaving lotion; Shaving lotions; ; Shaving soaps; Shaving stones being astringents for cosmetic purposes; Shea butter for cosmetic purposes; Shower and bath foam; Shower and bath gel;Skin bronzer; Skin bronzing creams; Skin cleansers; Skin lotion; Skin lotions; Skin masks; Skin soap; Skin toners; Skinand body topical lotions, creams and oils for cosmetic use; Skin care products,namely, non-medicated skin serum; Skin cleanser in liquid spray form for use asa baby wipe alternative; Skin cleansinglotion; Skin conditioning creams for cosmetic purposes; Skin fresheners; Skin moisturizer masks; Skin moisturizers usedas cosmetics; Soap powder; Solid powderfor compacts; Spirit gum for cosmetic use; Styling lotions; Styling clay for hair; Styling foam for hair; Styling gels for hair; Styling paste for hair; Styling sprays for hair; Sun care lotions; Sun-block lotions; Sun-tanning oils and lotions; Suntan oils for cosmetic purposes;Talcum powder; Talcum powder; Talcum powder, for toilet use; Talcum powders; Tanning and after-sun milks, gels and oils; Tanning gels; Tanning milks; Tanning oils; Teeth cleaning lotions; Teeth whitening strips impregnated with teeth whitening preparations; Teeth whitening gels,foams and pastes; Temporary tattoo transfers for use as cosmet- ics; Theatrical make-up; Theatrical make-up in the natureof fake blood; Theatric- al make-up in the nature of creams, liquids, lotions andsolids for making fake skin and blood for theatre and for Halloween; Tissues impregnated with cosmet- ic lotions; Tissuesimpregnated with make-up removing preparations; Toilet soap; Toilet soaps; Toiletry bags sold filled with non-medicatedtoiletry preparations, namely, skin lotions, creams, hair styling foams and hair spray aerosols; Tooth powder; Tooth powders; Tooth bleaching gels, foams and pastes; Topical herbal extracts for cosmetic purposes; Topical skin sprays for cosmetic purposes; Va- ginal washes for personal sanitary or deodorant purposes; Washing powder; Waterproof sunscreen; Waving preparations for the hair; Wax for removing body hair; Wax strips for removingbody hair; Wood conditioner, brightenerand renew- er; Wrinkle removing skin carepreparations; Wrinkle-minimizing cosmetic pre- parations for topical facial use

Attachments 88255414#TMSN.png( bytes ) Alquemie Group USPTO Notice of Opposition - 11202019.pdf(5819360 bytes )

Signature /Rhonda M Davis/ Name RHONDA DAVIS Date 11/20/2019 Electronic System for Trademark Trials & Appeals

November 20, 2019

Alquemie Product Development Group Rhonda M. Davis 11 N. Water Street Suite 10290 Mobile, AL 36602

Re: Notice of Opposition

1) Alquemie Product Development Group is a cosmetics, beauty and personal care company located in Mobile, AL (USA) that was created by myself, Rhonda M. Davis. I have worked in the cosmetics industry as a cosmetic chemist for over thirteen years before creating my own company and brands. Alquemie has been in business for over five years and has established an international presence through its products and services. To protect the name and logo, I began the trademark process with “Alquemie Kids” (Reg # 86571771) on March 20, 2015 for a children’s product. The trademark application was dismissed due to a late filing to a USPTO Office response. Alquemie has since filed USPTO trademark applications in which one is registered (Reg #: 5330788) for A.P.D.G., which is an acronym for Alquemie Product Development Group, and there is also a live trademark for Alquemie (Reg # 88255414) with a Notice of Allowance currently in effect with a pending State of Use to finalize and complete Alquemie’s registration.

2) Recently, I was put on alert that a chemist and industry colleague by the name of Mrs. Nyote Calixte, filed for a similar trademark for her beauty and personal care business/brand Alchyme (Reg # 88445285). Disturbingly, Nyote Calixte has had active communication with me via social media (Instagram) regarding specific business information regarding my company Alquemie, my formulation resources, skin science materials, my "pro tips" on how to navigate the cosmetic formulation world, how to work with clients for private label, attempting to obtain intellectual property/ and how to ultimately create a beauty brand and company.

3) Mrs. Nyote Calixte began asking these specific questions on October 9, 2018 via social media (Instagram) and has continued to contact me throughout 2019. Mrs. Calixte has even attempted to send "potential clients" my way in an attempt to “develop products” which is additionally, questionable. Mrs. Nyote Calixte of Alchyme, LLC has been very deceptive throughout her communication with me and for Mrs. Calixte to not only seek advice from a mentor/colleague but to create a similar business model to formulate and sell beauty products within the same industry, using a similar business name and to further apply for a trademark distinctly similar to Alquemie Group is disreputable.

4) While both trademarks are spelled differently, the marks do sound alike ( i.e., they are phonetic equivalents). The similarity in sound, appearance, and/or meaning of the trademarks is sure to cause confusion not only with consumers but also with cosmetic ingredient and packaging suppliers in which my company has established key relationships and accounts over the years. My company, Alquemie, also partners with charitable, nonprofit 501c(3) organizations and also works directly with beauty publications (both digital and print) as a provider of industry insight for consumer safety.

5) The similarity of the marks and the commercial relationship between the goods and services identified by the marks also do not differ. The goods and/or services upon which or in connection with the marks are indeed beauty, cosmetics and personal care related and that could cause consumers, companies and other entities to assume (mistakenly) that they come from a common source. The potential of Mrs. Calixte and her company Alchyme, LLC to devalue the brand reputation of an already existing product, brand and company due to likelihood of confusion to the end user has the potential to be disparaging.

6) Mrs. Nyote Calixte of Alchyme, LLC has not only been deceptive in her communication to myself but also her submittal to the USPTO and attempts to duplicate an existing business and brand name is beyond reproach. Mrs. Calixte continues to participate in trade shows and events bearing the similar logo, has made profits with said logo and is attempting to raise monies through grants and venture capital firms using the similar name/logo.

7) I have submitted a Letter of Protest on September 9, 2019 and am following up with this Opposition. The acting USPTO attorney of Mrs. Calixte’s trademark, Attorney Galina Guro, has shown a clear error on approving said mark.

I ask that the USPTO and Trials & Appeals Board not only pull back the approval of Mrs. Nyote Calixte’s Alchyme trademark (Reg # 88445285) but also withdraw the approval of said mark.

Thank you,

Rhonda M. Davis Supporting Evidence (Communication between both parties)

# 1 & 2 ) Supporting Evidence (Cont’d) # 3 & 4) Supporting Evidence (Cont’d) # 5 & 6) Supporting Evidence (Cont’d) # 7 & 8) Supporting Evidence (Cont’d) # 9 & 10) Alquemie and my name (Rhonda Davis) used in Media & Press

# 1 & 2) Alquemie and my name (Rhonda Davis) used in Media & Press

# 3 & 4) Alquemie and my name (Rhonda Davis) used in Media & Press

# 5 & 6) Alquemie and my name (Rhonda Davis) used in Media & Press

# 7 & 8) Alquemie and my name (Rhonda Davis) used in Media & Press

# 9)

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