NOTE TO THE FILE
SERIAL NUMBER: 87730926
DATE: 04/09/2018
NAME: rlee5
NOTE:
Discussed file with
Attorney/Applicant via:
phone Left message with
X email Attorney/ApplicantRequested Law Library search X Issued Examiner’s Amendment
for: and entered changes in TRADEUPSFrom: Christina M. Licursi [mailto:Christina.Licursi@WolfGreenfield.com]
Sent: Monday, April 09, 2018 1:08 PM
To: Lee, Rebecca (TM) <Rebecca.Lee1@USPTO.GOV>
Cc: Debra Maduro <Debra.Maduro@WolfGreenfield.com>
Subject: RE: OMEGA (Serial No. 87730926) - Amended Mark Description & Identification Request
Hell Ms. Lee-
Thank you for you the e-mail. I can confirm that we agree to the amended identification and mark description and would appreciate if you could enter the changes via Examiner’s Amendment. We will pay the additional fee as soon as we receive the Priority Action.
Best,
Christina
From: Lee, Rebecca (TM) [mailto:Rebecca.Lee1@USPTO.GOV]
Sent: Monday, April 9, 2018 10:49 AM
To: _Licursi, Christina FAX <Licursi_ChristinaFAX@invent.law>; Fitzpatrick, April J. <April.Fitzpatrick@WolfGreenfield.com>
Subject: OMEGA (Serial No. 87730926) - Amended Mark Description & Identification Request
Dear Christina M. Licursi,
I am the Trademark Examining Attorney at the U.S. Patent and Trademark Office examining your application for OMEGA (Serial No. 87730926), and I wanted to discuss the following requirements with you:
Identification Requirement: The identification of “Pharmaceutical agents affecting DNA structure by targeting DNA structure to treat various diseases, none of the foregoing including omega fatty acids” is indefinite and must be clarified because applicant must replace the indefinite wording of including with a definite term. The identification of “scientific research, pharmaceutical research, medical research” is indefinite, misclassified and must be clarified because applicant must further specify the pharmaceutical research services and these services are classified in class 042, not in class 005. The identification of “technical scientific consultation and product development for others in the field of biotechnology and development of pharmaceuticals” is indefinite, misclassified and must be clarified because applicant must further specify the pharmaceutical development services and technical scientific consulting services and these services are classified in class 042, not in class 005.
Please let me know if you agree to the following amended identification being added to the record, if accurate:
Class 005: “Pharmaceutical agents affecting DNA structure by targeting DNA structure to treat various diseases, none of the foregoing containing omega fatty acids;
Class 042: scientific research; pharmaceutical research services; medical research; technical scientific consulting services in the field of biotechnology; Product development for others in the field of biotechnology; Development of pharmaceutical preparations and medicines”
Mark Description Requirement: The mark description is accurate but incomplete. Therefore, the mark description must be more specific including identifying every element within the drawing.
Please let me know if you agree to the following amended mark description being added to the record, if accurate:
Mark Description: The mark consists of an incomplete circle superimposed over an incomplete triangle with the circle and triangle joined at the bottom to the left of the word “OMEGA” in a stylized font.
If you agree to the amended identification and mark description, I can make the changes for you via an Examiner’s Amendment and then I will issue a Priority Action fully explaining the additional class fee. You will have 6 months to respond to the Priority Action.
Please let me know if you have any questions. Thank you!
Kind Regards,
Becca Lee