NOTE TO THE FILE
SERIAL NUMBER: 88129597
DATE: 10/15/2018
NAME: thardy
NOTE:
Searched:
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
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:X OTHER:
Ms. Ludlow,
Thank you very much for your email. We have discussed the amendments you propose below with the client and can confirm that all are acceptable. Namely, we confirm that with respect to the marks FINCH (App. No. 88/009,593), (App. No. 88/009,596), (App. No. 88/009,662), and RSM (App. No. 88/129,597), the client consents to the amendment you proposed to the goods listed in Class 5:
Pharmaceuticals used to maintain health or restore health to a human or animal subject via treatment of a disturbed microbial community; dietary and nutritional supplements; nutritional food additives in the nature of dietary supplements for medical purposes; diagnostic agents for medical purposes for assessing whether a human or animal subject has a disturbed microbial community; biological preparations in the nature of microorganisms used to maintain health or restore health to a human or animal subject via treatment of a disturbed microbial community; cultures and preparations of microorganisms for medical and veterinary purposes; pharmaceutical and biopharmaceutical agents, namely, microbiologics, immunotherapeutics, and other therapeutic agents for the prevention and treatment of human diseases, namely, infectious disease, autoimmune disease, inflammatory disease, immune disorders, allergic disorders, cancer, immuno-oncology, metabolic disorders, digestive disorders, neurological disorders, and cardiovascular disorders; pharmaceuticals in the nature of cultures of microorganisms for medical and veterinary use.
We also confirm that the client consents to the disclaimer of DISCOVERY in the application for HUMAN-FIRST DISCOVERY (App. No. 88/129,594).
We appreciate your email and willingness to make the changes noted above through examiner’s amendment. Please do not hesitate to reach out should you have any further questions, or if we can be helpful in any way.
Best regards,
Sarah Paige
Morgan, Lewis & Bockius LLP
One Federal Street | Boston, MA 02110-1726
Direct: +1.617.341.7518 | Main: +1.617.341.7700 | Fax: +1.617.341.7701
sarah.paige@morganlewis.com | www.morganlewis.com
Assistant: Michelle Racheal Bridges | +1.617.951.8249 | michelle.bridges@morganlewis.com
From: Hardy, Tarah <Tarah.Hardy@USPTO.GOV>
Date: Thursday, Oct 11, 2018, 11:26 AM
To: Washington Trademark e-Filings <trademarks@morganlewis.com>
Cc: Dubow, Rachelle A. <rachelle.dubow@morganlewis.com>
Subject: U.S. Trademark Apps for Finch Therapeutics - Informal Inquiry
[EXTERNAL EMAIL]
Hello,
I am currently examining five trademark applications for Finch Therapeutics, Attny. Doc. # 112933-0009. No conflicting marks were found. However, before the marks can proceed to publication a few items need to be addressed. First the Class 5 ID for (88009593, 88009596, 88009662, and 88129597) needs to be clarified due to changes in the ID manual. I suggest the following if accurate:
Pharmaceuticals used to maintain health or restore health to a human or animal subject via treatment of a disturbed microbial community; dietary and nutritional supplements; nutritional food additives in the nature of dietary supplements for medical purposes; diagnostic agents for medical purposes for assessing whether a human or animal subject has a disturbed microbial community; biological preparations in the nature of microorganisms used to maintain health or restore health to a human or animal subject via treatment of a disturbed microbial community; cultures and preparations of microorganisms for medical and veterinary purposes; pharmaceutical and biopharmaceutical agents, namely, microbiologics, immunotherapeutics, and other therapeutic agents for the prevention and treatment of human diseases, namely, infectious disease, autoimmune disease, inflammatory disease, immune disorders, allergic disorders, cancer, immuno-oncology, metabolic disorders, digestive disorders, neurological disorders, and cardiovascular disorders; pharmaceuticals in the nature of cultures of microorganisms for medical and veterinary use, in International Class 5.
The Class 42 ID is acceptable as written in the application. Lastly, for the mark HUMAN-FIRST DISCOVERY 88129594 a disclaimer of the term DISCOVERY needs to be made of record due to the research related services provided. I can make these changes through examiner’s amendment and then approve the marks for publication. I look forward to your prompt response.
Sincerely,
Tarah Hardy Ludlow
Trademark Attorney
USPTO - Law Office 110
571-272-9361
571-273-9110 (fax)
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