NOTE TO THE FILE
SERIAL NUMBER: 88418893
DATE: 06/24/2019
NAME: ggurok
NOTE:
Searched:
X Google
Lexis/Nexis
OneLook
Wikipedia
Acronym Finder Protest evidence reviewed
Other:Checked:
Geographic significance
Surname
Translation
ID with ID/CLASS mailboxChecked list of approved Canadian attorneys and agents
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 TRADEUPSPRINT DO NOT PRINT Added design code in TRADEUPS
Description of the mark
Translation statement Re-imaged standard character
drawing
Negative translation statement
Consent of living individual Contacted TM MADRID ID/CLASS
about misclassified definite ID
Changed TRADEUPS to:
From: Randy Berholtz [mailto:rberholtz@innovuspharma.com]
Sent: Sunday, June 23, 2019 6:02 AM
To: Gurok, Galina <Galina.Gurok@USPTO.GOV>
Cc: Jake Siciliano <JSiciliano@innovuspharma.com>
Subject: Re: OMEPRACARE DR Trademark - Serial No. 88418893 - OFFICIAL USPTO E-MAIL, Response Requested
we are fine with your disclaimer
----Randy
Randy Berholtz, Esq.
Executive Vice President, Corporate
Development and General Counsel
Innovus Pharmaceuticals, Inc.
Office: 858-249-7873
Cell: 858-205-5091
Fax: 858249-7879
E-mail: rberholtz@innovuspharma.com
On Jun 23, 2019, at 2:08 AM, Gurok, Galina <Galina.Gurok@uspto.gov> wrote:Hi Mr. Berholtz,
I am the examining attorney assigned to the above-referenced application. I reviewed the application and there is just one minor issue which we may be able to resolve informally with an examiner’s amendment based on your reply to this e-mail or a phone call.
A disclaimer is required for the wording “DR” in the mark because it is merely descriptive of a feature of the goods. “DR” means “delayed release” in the context of pharmaceuticals. See http://www.pharmacytimes.com/technician-news/a-technicians-guide-to-pharmacy-abbreviations.
A disclaimer may be added in the following format:
No claim is made to the exclusive right to use “DR” apart from the mark as shown.
If you agree to this disclaimer, I can enter it into the record for you with an examiner’s amendment. This should resolve all issues in the application and allow it to move forward.
Please let me know how you’d like to proceed by next Friday, June 28. I encourage you to call me if you have any questions or concerns.
Best,
Galina Gurok
Examining Attorney
Law Office 126
(571) 270-3589
Notice to trademark applicants and attorneys: All relevant e-mail communications will be added to the official application record in accordance with 37 C.F.R. §2.191 and TMEP §§709.04 - .05.