| To: | ModernaTx, Inc. (tmdoctc@fr.com) |
| Subject: | TRADEMARK APPLICATION NO. 90247367 - SPIKEVAX - 425470108001 |
| Sent: | 11/13/2020 8:07:38 AM |
| Sent As: | ECOMPET |
| Attachments: |
United States Patent and Trademark Office (USPTO)
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U.S. Application Serial No. 90247367
U.S. Registration No.
Mark: SPIKEVAX
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Correspondence Address: Keith Barritt FISH & RICHARDSON P.C. P.O. BOX 1022 MINNEAPOLIS MN 55440-1022
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Owner: ModernaTx, Inc.
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Reference/Docket No. 425470108001
Correspondence Email Address: tmdoctc@fr.com |
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PETITION TO DIRECTOR GRANTED
Issue date: November 13, 2020
ModernaTx, Inc. (petitioner) petitioned the Director of the United States Patent and Trademark Office (USPTO) to exercise supervisory authority to prioritize initial examination of the above identified application. The Director has the authority to review this request under 37 C.F.R. §2.146(a)(3) and has delegated this matter to the Commissioner for Trademarks and the staff of the Office of the Deputy Commissioner for Trademark Examination Policy. 35 U.S.C. §3(a)-(b); 37 C.F.R. §2.146(h). The petition is granted.
FACTS
On October 11, 2020, petitioner submitted the above identified application for registration of the mark SPIKEVAX used in connection with vaccines. Petitioner submitted this petition requesting to prioritize initial examination of the application because the identified goods are intended to prevent COVID-19. The petition also included the section of the Code of Federal Regulations (CFR) under which the goods are regulated by the United States Food and Drug Administration (FDA).
DISCUSSION
The Director may exercise supervisory authority on petition in appropriate circumstances. 35 U.S.C. §2; 37 C.F.R. §2.146(a)(3); TMEP §1707. Petitioner’s verified explanation and evidence that the goods identified in the subject application are intended to prevent COVID-19 support the invocation of supervisory authority in this case. See June 12, 2020 Notice titled “Relief Available to Trademark and Service Mark Applicants in View of the COVID-19 Outbreak: Petitions to Prioritize the Initial Examination of Certain Applications”; TMEP §1710. In addition, petitioner provided evidence that the goods are regulated by the United States Food and Drug Administration (FDA) under 21 C.F.R. §§600-680.
Accordingly, the Director will exercise supervisory authority to prioritize initial examination of the above identified application.
DECISION
The petition is granted. The above identified application will be immediately assigned to an examining attorney.[1]
/Brittany Lee-Richardson/
Attorney Advisor
Office of the Deputy Commissioner
for TM Exam Policy
Brittany.Lee-Richardson@uspto.gov
571.272.9750
[1] Petitioner may further expedite the examination review process by responding promptly to any Office action, phone call, or email from the examining attorney. However, following examination, all approved trademark applications are published for opposition in the Trademark Official Gazette. Following publication, there is a 30-day period during which the public may file oppositions or extensions of time to oppose. 37 C.F.R. §§2.101(c), 2.102(a)(1).