Subject: RE: [EXTERNAL] Possible opposition to Venezuela TM appln no. 26000140 'SUSTAGEN' in Class 5 in the name of Jhon David Biotechnology J D Biotech S.A.S - Opposition deadline: 24 March 2026 [RB-GBP.FID21338]
From: Trademarks Bolet & Terrero <[email-masked]>
To: "[email-masked]" <[email-masked]>
Cc: Guillermo Lopez <[email-masked]>, Trademarks Bolet & Terrero <[email-masked]>, Jose Bueno <[email-masked]>, Luis Henriquez <[email-masked]>, Hillmer Vallenilla <[email-masked]>, Ruben Calderon <[email-masked]>, "Smith, Faye" <[email-masked]>
Date: Fri, 6 Mar 2026 15:40:39 +0000

Dear Ashley,

Following your instructions, we have filed before the Venezuelan Patent and Trademark Office (VPTO), the following trademark application:

Applicant: MJN U.S. HOLDINGS LLC
Trademark
Class
Application no.
Date
Your reference
1.-
SUSTAGEN
5 int'l
2026-002013
Mar. 05, 2026
Products list: Infant formulas and food for Infants; dietary, nutritional and food supplements and vitamin and mineral preparations; dietary, nutritional and food supplements and vitamin and mineral preparations for use as ingredients in the food and pharmaceutical industry; simulated breast milk formula in liquid and powder form for infants; electrolyte replenishment preparations; electrolyte replenishment preparations; dietetic substances adapted for medical use; rehydration products; dietary supplements, including in the form of bars, beverages or beverage powders; powder dietary supplements; vitamin supplement tablets and powders containing electrolytes for use in making an effervescent beverage when added to water; nutritional supplement tablets and powders containing electrolytes for use in making an effervescent beverage when added to water; electrolyte replacement solutions; premix powder in cans and sachets; ready to drink milk products, concentrated shots; beverages enriched with nutritional elements for medical use; beverages enriched with nutritional elements and/or micronutrients and/or macronutrients (for non-medical purposes).

We have enclosed a scanned copy of the trademark application filing sheet, which has been duly stamped by the VPTO, for your records, and we will provide you with further updates as soon as they become available.

Finally, you will receive the corresponding invoice in a separate email.

If you require further information or have any questions or concerns, please do not hesitate to reach out to us. We are always available to assist you.

Best regards,
<https://byt.com.ve/es/inicio/>

From: "Benjamin, Ashley" <[email-masked]<mailto:[email-masked]>>
Date: Wednesday, March 4, 2026 at 1:56 PM
To: Guillermo Lopez <[email-masked]<mailto:[email-masked]>>, Trademarks Bolet & Terrero <[email-masked]<mailto:[email-masked]>>
Cc: Hillmer Vallenilla <[email-masked]<mailto:[email-masked]>>, Ruben Calderon <[email-masked]<mailto:[email-masked]>>, "Smith, Faye" <[email-masked]<mailto:[email-masked]>>
Subject: RE: [EXTERNAL] Possible opposition to Venezuela TM appln no. 26000140 'SUSTAGEN' in Class 5 in the name of Jhon David Biotechnology J D Biotech S.A.S - Opposition deadline: 24 March 2026 [RB-GBP.FID21338]

Hi Guillermo,

The correct owner should be MJN U.S. Holdings LLC.

According to our internal records, our existing SUSTAGEN registrations in Venezuela were transferred from Mead Johnson & Company, LLC to MJN U.S. Holdings LLC, but recordal of this change is yet to be officially recorded. I’m not sure when this transfer of ownership happened, or what steps have been taken to record it. I can check with colleagues if it would be helpful.

I also note the use you’ve found at https://www.tufarmaciaactual.com/shop/formula-sustagen-kids-vainilla-en-polvo-350g-217222#attr=, and will share this with our local business.

Thanks.

Ashley

From: Guillermo Lopez <[email-masked]<mailto:[email-masked]>>
Sent: 04 March 2026 17:40
To: Benjamin, Ashley <[email-masked]<mailto:[email-masked]>>; Trademarks Bolet & Terrero <[email-masked]<mailto:[email-masked]>>
Cc: Hillmer Vallenilla <[email-masked]<mailto:[email-masked]>>; Ruben Calderon <[email-masked]<mailto:[email-masked]>>; Smith, Faye <[email-masked]<mailto:[email-masked]>>
Subject: Re: [EXTERNAL] Possible opposition to Venezuela TM appln no. 26000140 'SUSTAGEN' in Class 5 in the name of Jhon David Biotechnology J D Biotech S.A.S - Opposition deadline: 24 March 2026 [RB-GBP.FID21338]

Hi Ashley,

Could you please confirm whether the correct owner should be MJN U.S. Holdings LLC or Mead Johnson & Company, as none of the trademarks in Venezuela are currently registered in the name of MJN.

Additionally, we have located a small store in Venezuela selling Sustagen (please see attached). This information may be helpful for the case.

We look forward to your confirmation regarding the ownership.

Best regards,
Guillermo

Guillermo A. López Z.
Attorney at Law
Bolet & Terrero | Caracas, Venezuela
Tel +58 212 750 3000 | [email-masked]<mailto:[email-masked]> | www.byt.com.ve<http://www.byt.com.ve>

From: "Benjamin, Ashley" <[email-masked]<mailto:[email-masked]>>
Date: Wednesday, March 4, 2026 at 11:11 AM
To: Guillermo Lopez <[email-masked]<mailto:[email-masked]>>, Trademarks Bolet & Terrero <[email-masked]<mailto:[email-masked]>>
Cc: Hillmer Vallenilla <[email-masked]<mailto:[email-masked]>>, Ruben Calderon <[email-masked]<mailto:[email-masked]>>, "Smith, Faye" <[email-masked]<mailto:[email-masked]>>
Subject: RE: [EXTERNAL] Possible opposition to Venezuela TM appln no. 26000140 'SUSTAGEN' in Class 5 in the name of Jhon David Biotechnology J D Biotech S.A.S - Opposition deadline: 24 March 2026 [RB-GBP.FID21338]

Thanks, Guillermo.

Please go ahead with the fresh application, as proposed.

I will also share your other comments and suggestions with our local business.

Kind regards,

Ashley

From: Guillermo Lopez <[email-masked]<mailto:[email-masked]>>
Sent: 04 March 2026 15:04
To: Benjamin, Ashley <[email-masked]<mailto:[email-masked]>>; Trademarks Bolet & Terrero <[email-masked]<mailto:[email-masked]>>
Cc: Hillmer Vallenilla <[email-masked]<mailto:[email-masked]>>; Ruben Calderon <[email-masked]<mailto:[email-masked]>>; Smith, Faye <[email-masked]<mailto:[email-masked]>>
Subject: Re: [EXTERNAL] Possible opposition to Venezuela TM appln no. 26000140 'SUSTAGEN' in Class 5 in the name of Jhon David Biotechnology J D Biotech S.A.S - Opposition deadline: 24 March 2026 [RB-GBP.FID21338]

Hi Ashley,

I agree with your approach.

I also recall that SUSTAGEN was quite popular in Venezuela years ago. When I was younger, the brand had a strong presence in the market and there was a significant amount of advertising at the time. If by any chance you still have any of those advertising materials or historical marketing records, they could be very helpful for this case, as they would support our arguments regarding the reputation and well-known status of the trademark.

Any evidence showing past advertising campaigns, market presence, or recognition of the brand could strengthen our position in demonstrating the reputation of the mark.

Please let me know if anything like that might be available, and please also confirm we can proceed with the fresh application.

Best regards,
Guillermo

Guillermo A. López Z.
Attorney at Law
Bolet & Terrero | Caracas, Venezuela
Tel +58 212 750 3000 | [email-masked]<mailto:[email-masked]> | www.byt.com.ve<http://www.byt.com.ve>

From: "Benjamin, Ashley" <[email-masked]<mailto:[email-masked]>>
Date: Wednesday, March 4, 2026 at 10:52 AM
To: Guillermo Lopez <[email-masked]<mailto:[email-masked]>>, Trademarks Bolet & Terrero <[email-masked]<mailto:[email-masked]>>
Cc: Hillmer Vallenilla <[email-masked]<mailto:[email-masked]>>, Ruben Calderon <[email-masked]<mailto:[email-masked]>>, "Smith, Faye" <[email-masked]<mailto:[email-masked]>>
Subject: RE: [EXTERNAL] Possible opposition to Venezuela TM appln no. 26000140 'SUSTAGEN' in Class 5 in the name of Jhon David Biotechnology J D Biotech S.A.S - Opposition deadline: 24 March 2026 [RB-GBP.FID21338]

Hi Guillermo,

All duly noted with thanks!

Please go ahead with the suggested opposition.

We also wish to go ahead with a new back-up application, at least in the core class. As you can see at https://www.sustagen.com.br/all-produtos/, the focus of our Sustagen brand is nutritional supplements – or more specifically, powdered preparations for making (milk-based) nutritional beverages. In view of this, I’m thinking we should file for the name ‘SUSTAGEN’ (in plain letters), covering the following broader specification goods in Class 5:

05: Infant formulas and food for Infants; dietary, nutritional and food supplements and vitamin and mineral preparations; dietary, nutritional and food supplements and vitamin and mineral preparations for use as ingredients in the food and pharmaceutical industry; simulated breast milk formula in liquid and powder form for infants; electrolyte replenishment preparations; electrolyte replenishment preparations; dietetic substances adapted for medical use; rehydration products; dietary supplements, including in the form of bars, beverages or beverage powders; powder dietary supplements; vitamin supplement tablets and powders containing electrolytes for use in making an effervescent beverage when added to water; nutritional supplement tablets and powders containing electrolytes for use in making an effervescent beverage when added to water; electrolyte replacement solutions; premix powder in cans and sachets; ready to drink milk products, concentrated shots; beverages enriched with nutritional elements for medical use; beverages enriched with nutritional elements and/or micronutrients and/or macronutrients (for non-medical purposes).
Do you agree, or do you have any other filing recommendations?

Kind regards,

Ashley

Ashley Benjamin
Senior Brand Protection Counsel
Reckitt | Legal

From: Guillermo Lopez <[email-masked]<mailto:[email-masked]>>
Sent: 04 March 2026 14:40
To: Benjamin, Ashley <[email-masked]<mailto:[email-masked]>>; Smith, Faye <[email-masked]<mailto:[email-masked]>>; Trademarks Bolet & Terrero <[email-masked]<mailto:[email-masked]>>
Cc: Hillmer Vallenilla <[email-masked]<mailto:[email-masked]>>; Ruben Calderon <[email-masked]<mailto:[email-masked]>>
Subject: Re: [EXTERNAL] Possible opposition to Venezuela TM appln no. 26000140 'SUSTAGEN' in Class 5 in the name of Jhon David Biotechnology J D Biotech S.A.S - Opposition deadline: 24 March 2026 [RB-GBP.FID21338]

Dear Ashley,

Hi, and thank you for your email.

Yes, in our view RB would have standing to oppose the SUSTAGEN application on the grounds you mention. In Venezuela, oppositions can be based on prior rights, reputation of the mark, and also on arguments such as bad faith, particularly where there is evidence of a pattern of filings targeting well-known brands.

Please note that this applicant has been filing cancelation against several RB trademarks: Tempra, Neurofem, Graneodin, and other like Tylenol for other parties.

From a strategic perspective, and based on our experience in similar matters, we would strongly recommend filing the opposition.

To give you some context, in the TEMPRA matter we faced a comparable situation where the other party filed cancellation actions against RB’s registrations while simultaneously attempting to appropriate the mark. In that case, because we could not demonstrate actual use in Venezuela, we built our defense around the bad-faith conduct of the applicant and their pattern of targeting well-known marks. At the same time, we filed a new trademark application as a backup strategy to preserve protection going forward.

In the present case, opposing the SUSTAGEN application would serve several important purposes: it delays the prosecution of the application, reinforces RB’s position in the pending cancellation actions, and demonstrates RB’s clear intention to defend its trademarks and prevent the registration of the new mark.

For these reasons, we strongly recommend proceeding with the opposition before the March 24 deadline.

Of course, we remain fully aligned with whatever strategy RB ultimately decides to adopt.

Best regards,
Guillermo

Guillermo A. López Z.
Attorney at Law
Bolet & Terrero | Caracas, Venezuela
Tel +58 212 750 3000 | [email-masked]<mailto:[email-masked]> | www.byt.com.ve<http://www.byt.com.ve>

From: "Benjamin, Ashley" <[email-masked]<mailto:[email-masked]>>
Date: Wednesday, March 4, 2026 at 10:23 AM
To: Guillermo Lopez <[email-masked]<mailto:[email-masked]>>, "Smith, Faye" <[email-masked]<mailto:[email-masked]>>, Trademarks Bolet & Terrero <[email-masked]<mailto:[email-masked]>>
Cc: Hillmer Vallenilla <[email-masked]<mailto:[email-masked]>>, Ruben Calderon <[email-masked]<mailto:[email-masked]>>
Subject: RE: [EXTERNAL] Possible opposition to Venezuela TM appln no. 26000140 'SUSTAGEN' in Class 5 in the name of Jhon David Biotechnology J D Biotech S.A.S - Opposition deadline: 24 March 2026 [RB-GBP.FID21338]

Dear Guillermo,

Thanks for your email.

Please see my replies below in red. We will revert when we have any additional information.

In the meantime, please let us know if we have standing to oppose the subject application on the following bases:

  1.  The repute of our SUSTAGEN mark elsewhere, especially in in Brazil;
  2.  The fact that our SUSTAGEN mark is registered in many other countries; and/or
  3.  The subject application has been filed in bad faith.

Kind regards,

Ashley

Ashley Benjamin
Senior Brand Protection Counsel
Reckitt | Legal

From: Guillermo Lopez <[email-masked]<mailto:[email-masked]>>
Sent: 04 March 2026 13:50
To: Smith, Faye <[email-masked]<mailto:[email-masked]>>; Trademarks Bolet & Terrero <[email-masked]<mailto:[email-masked]>>
Cc: Benjamin, Ashley <[email-masked]<mailto:[email-masked]>>; Hillmer Vallenilla <[email-masked]<mailto:[email-masked]>>; Ruben Calderon <[email-masked]<mailto:[email-masked]>>
Subject: Re: [EXTERNAL] Possible opposition to Venezuela TM appln no. 26000140 'SUSTAGEN' in Class 5 in the name of Jhon David Biotechnology J D Biotech S.A.S - Opposition deadline: 24 March 2026 [RB-GBP.FID21338]

Dear Faye,

Thank you for your email.

After reviewing this matter, we have confirmed that John David Biotechnology J D Biotech S.A.S. has filed cancellation actions against all the trademarks listed in the schedule. At this stage, none of these cancellation actions have been formally notified to us, which means we still have time to prepare the corresponding defenses before service is effected.

We also note that this entity appears to be filing trademarks against several well-known brands, which may indicate a broader filing strategy. For that reason, it would be helpful to know whether John David Biotechnology J D Biotech S.A.S. has had any previous relationship with RB or with any distributor connected to RB. We are not aware of any such relationship, but will double-check with our local business.

In the meantime, we confirm that the opposition deadline against the SUSTAGEN application is March 24, 2026.

To better assess the situation and define our strategy, we would appreciate if you could confirm the following:

  1.  Has RB or any related entity shipped products into Venezuela within the last two years, whether directly or through a distributor or third party? We have already asked our local business about this.
  2.  If not, did RB have the intention to do so but was unable due to the situation in Venezuela? We will ask our local business about this.
  3.  If products were shipped, do you have any supporting evidence (e.g., invoices, shipping documents, distribution agreements)? TBC
  4.  Do you foresee the possibility of making products available for sale into Venezuela from abroad? TBC
  5.  Do you know if any marketplace abroad sell this products, for example amazon? TBC

This information will be important in assessing and determining the most appropriate defensive strategy.

From a strategic standpoint, it may be advisable to:

  *   Oppose or otherwise block the pending SUSTAGEN application in order to block its prosecution; and We are willing to do this.
  *   Consider filing new trademark applications, similar to the approach adopted in the TEMPRA matter, to reinforce and broaden protection. Please let us know what the approach was in the ‘TEMPRA’ matter, as Faye and I were not involved in that matter.

Please let us know your views on the above points so that we can finalize a tailored strategy and prepare the necessary submissions before the March 24 deadline.

We look forward to your comments.

Best regards,
Guillermo

Guillermo A. López Z.
Attorney at Law
Bolet & Terrero | Caracas, Venezuela
Tel +58 212 750 3000 | [email-masked]<mailto:[email-masked]> | www.byt.com.ve<http://www.byt.com.ve>

From: Guillermo Lopez <[email-masked]<mailto:[email-masked]>>
Date: Wednesday, March 4, 2026 at 6:50 AM
To: "Smith, Faye" <[email-masked]<mailto:[email-masked]>>, Mariateresa Santana <[email-masked]<mailto:[email-masked]>>, Trademarks Bolet & Terrero <[email-masked]<mailto:[email-masked]>>
Cc: "Benjamin, Ashley" <[email-masked]<mailto:[email-masked]>>, Hillmer Vallenilla <[email-masked]<mailto:[email-masked]>>, Ruben Calderon <[email-masked]<mailto:[email-masked]>>
Subject: Re: [EXTERNAL] Possible opposition to Venezuela TM appln no. 26000140 'SUSTAGEN' in Class 5 in the name of Jhon David Biotechnology J D Biotech S.A.S - Opposition deadline: 24 March 2026 [RB-GBP.FID21338]

Dear Faye,

Thank you for the follow-up.

I will check on this matter and get back to you.

Best regards,
Guillermo

Guillermo A. López Z.
Attorney at Law
Bolet & Terrero | Caracas, Venezuela
Tel +58 212 750 3000 | [email-masked]<mailto:[email-masked]> | www.byt.com.ve<http://www.byt.com.ve>

From: "Smith, Faye" <[email-masked]<mailto:[email-masked]>>
Date: Wednesday, March 4, 2026 at 6:44 AM
To: Mariateresa Santana <[email-masked]<mailto:[email-masked]>>, Guillermo Lopez <[email-masked]<mailto:[email-masked]>>, Trademarks Bolet & Terrero <[email-masked]<mailto:[email-masked]>>
Cc: "Benjamin, Ashley" <[email-masked]<mailto:[email-masked]>>, Hillmer Vallenilla <[email-masked]<mailto:[email-masked]>>, Ruben Calderon <[email-masked]<mailto:[email-masked]>>
Subject: RE: [EXTERNAL] Possible opposition to Venezuela TM appln no. 26000140 'SUSTAGEN' in Class 5 in the name of Jhon David Biotechnology J D Biotech S.A.S - Opposition deadline: 24 March 2026 [RB-GBP.FID21338]

Dear Guillermo

We look forward to hearing from you.

Kind regards

Faye

Faye Smith
Brand Protection Paralegal

D: +44 (0) 1482 582937
Reckitt.com

Reckitt Benckiser Corporate Services
Dansom Lane, Hull HU8 7DS

From: Mariateresa Santana <[email-masked]<mailto:[email-masked]>>
Sent: 24 February 2026 14:00
To: Smith, Faye <[email-masked]<mailto:[email-masked]>>; Guillermo Lopez <[email-masked]<mailto:[email-masked]>>; Trademarks Bolet & Terrero <[email-masked]<mailto:[email-masked]>>
Cc: Benjamin, Ashley <[email-masked]<mailto:[email-masked]>>; Hillmer Vallenilla <[email-masked]<mailto:[email-masked]>>; Ruben Calderon <[email-masked]<mailto:[email-masked]>>
Subject: [EXTERNAL] RE: Possible opposition to Venezuela TM appln no. 26000140 'SUSTAGEN' in Class 5 in the name of Jhon David Biotechnology J D Biotech S.A.S - Opposition deadline: 24 March 2026 [RB-GBP.FID21338]

Dear Faye:

Thank you for your email.

Guillermo will assist you shortly with your inquiry.

Best,

Mariateresa

De: Smith, Faye <[email-masked]<mailto:[email-masked]>>
Enviado el: martes, 24 de febrero de 2026 9:35
Para: Mariateresa Santana <[email-masked]<mailto:[email-masked]>>; Guillermo Lopez <[email-masked]<mailto:[email-masked]>>; Trademarks Bolet & Terrero <[email-masked]<mailto:[email-masked]>>
CC: Benjamin, Ashley <[email-masked]<mailto:[email-masked]>>
Asunto: FW: Possible opposition to Venezuela TM appln no. 26000140 'SUSTAGEN' in Class 5 in the name of Jhon David Biotechnology J D Biotech S.A.S - Opposition deadline: 24 March 2026 [RB-GBP.FID21338]

Dear Maria

Our third party watching service has alerted us to the attached third party mark SUSTAGEN in the name of Jhon David Biotechnology J D BIOTECH S.A.S

Please can you confirm

  1.  The opposition deadline;
  2.  What you require to file and substantiate an opposition, and when you require it by ; and
  3.  Whether we’d need to prove use (or be able to prove use) of any of our registered SUSTAGEN marks in Venezuela (ref. the attached schedule).

We look forward to hearing from you.

Kind regards

Faye

Faye Smith
Brand Protection Paralegal

D: +44 (0) 1482 582937
Reckitt.com<http://Reckitt.com>

Reckitt Benckiser Corporate Services
Dansom Lane, Hull HU8 7DS

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We have taken steps to ensure that this email (and any attachments) are free from computer viruses and the like. However, it is the recipient's responsibility to ensure that it is actually virus free. Any emails that you send to us may be monitored for the purposes of ascertaining whether the communication complies with the law and our policies.

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