Application

PTO- 1478

Approved for use through 04/30/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

---

PTO- 1478

Approved for use through 04/30/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

Serial Number: 90660096

Filing Date: 04/21/2021

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The applicant is not claiming color as a feature of the mark. The mark consists of the word "Myriad" with the "M" appearing as a capital letter formed by four (4) lines that do not touch, and the remainder of the word appearing in lowercase letters, and the word "genetics" directly below "Myriad" appearing in lowercase letters.
The applicant, Myriad Genetics, Inc., a corporation of Delaware, having an address of
      320 Wakara Way
      Salt Lake City, Utah 84108
      United States
      XXXX

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

International Class 005:  Medical test kits comprising chemical reagents and preparations for medical use in connection with the detection of gene mutations, gene expression profiles, and other molecular abnormalities, indicators, and markers for use in prognosing or predicting progression and severity of disease and predisposition to developing disease and for use in evaluating and selecting therapy or treatment regimens; medical diagnostic reagents, assays, preparations, and diagnostic test kits consisting primarily of reagents for medical diagnostic purposes, namely, testing of fluids; chemical reagents for medical use in connection with the detection of gene mutations, gene expression profiles, and other molecular abnormalities, indicators, and markers for use in prognosing or predicting progression and severity of disease and predisposition to developing disease and for use in evaluating and selecting therapy or treatment regimens; diagnostic test kits comprised of chemical reagents and preparations for medical use in connection with the detection of gene mutations, gene expression profiles, and other molecular abnormalities, indicators, and markers for use in prognosing or predicting progression and severity of disease and predisposition to developing disease and for use in evaluating and selecting therapy or treatment regimens; diagnostic kits consisting primarily of reagents for body fluid analysis and nucleic acid analysis and for detecting genetic conditions, disorders, and diseases for medical use
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 010:  Medical test kits comprising test forms, mailing materials, user information inserts, and specimen collection tubes and containers for collecting patient specimens used in connection with the detection of gene mutations, gene expression profiles, and other molecular abnormalities, indicators, and markers for use in prognosing or predicting progression and severity of disease and predisposition to developing disease and for use in evaluating and selecting therapy or treatment regimens; sample preparation device for medical diagnostic uses; medical apparatus and instruments for diagnostic use, namely, apparatus for medical diagnostic testing in the fields of tissue-based diagnostic testing, cytology and cell-based testing; blood, urine, and saliva collection kits consisting of test tubes and self-mailer used for health and genetic analysis and diagnostics
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 042:  Clinical research in the field of genetics directed to the evaluation of genetic variants; clinical research in human genetics; statistical analysis relating to scientific research in the field of human genetics and genetic variation; design and development of statistical algorithms for use in the field of human genetics and evaluation of genetic variations; statistical analysis for determining deleterious genetic variations in the field of human genetics, for scientific research purposes; clinical trial research and laboratory research services for the further purpose of drug discovery services, pharmaceutical research services, pre-clinical medical research screening, and clinical trial, research and evaluation services; biosignatures, genomics, proteomics and pharmacology research services; development of disease models for use in evaluation of drugs and discovery of new drugs; drug discovery, drug screening for scientific research purposes, pre-clinical research and trials for pharmaceutical development purposes; and research and development of new diagnostic products and pharmaceutical drug services for others; biochemical analysis services, namely, evaluation of non-genetic biological response to disease, drugs, and the environment; providing temporary use of non-downloadable computer software for customizing, selecting, and ordering health and genetic analysis and diagnostic kits and assays and for accessing, viewing, and storing health and genetic information via electronic, optical, and wireless communication networks; scientific research analysis and consulting services which use bioinformatics; gene and tissue bank services that provide DNA samples for use in future medical and scientific research, medical and scientific educational studies and development of new medical and scientific products and validation thereof
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 044:  Genetic testing services; genetic testing for medical purposes; genetic counseling; diagnostic services in the field of genetics, namely the identification of genes that predispose individuals to common diseases and health disorders; medical testing, namely, providing reference and clinical laboratory tests that detect, classify, analyze, and evaluate gene mutations, gene variants, gene expression profiles, and other molecular abnormalities, indicators, and markers for use in prognosing or predicting progression and severity of disease and for use in evaluating and selecting therapy or treatment regimens; medical testing services for evaluating and selecting therapy or treatment regimens, prognosing disease, predicting disease progression or disease severity, identifying predisposition to developing disease, evaluating the efficacy or toxicity of medical treatments, and identifying risk factors of disease, molecular profiles associated with successful therapies or treatment regimens, and for classifying disease progression or severity; medical diagnostic testing, monitoring, and reporting services; internet-based health care information services; providing an internet website for medical professionals featuring medical information in the field of hereditary cancer risk assessment and testing; providing personalized healthcare and medical information, namely, providing medical information and reports that will enable doctors and clinicians to select and recommend the appropriate treatment, drug, and dosage levels for patients through the use of data obtained through personalized pharmacogenetic testing, proteomics and other biological testing, individual behaviors including medication compliance, exercise diet, sleep patterns and language, epigenetic and environmental factors, and bioinformatics analysis; and consultation services related thereto; medical testing services, namely, providing medical tests that measure, analyze, and interpret genes and medications of patients, environmental, and other factors through an algorithm that weighs the contribution of each medication's multiple pathways of absorption, distribution, metabolism, and excretion and each medication's receptor activity, mechanism of action, and pathways of response and then measures the impact of genomic changes across these pathways and across multiple of patients to predict which drugs and/or treatment programs have the best opportunity for positive outcomes for patients, personalize medication selection, and treatment options and choices for patients, identify potentially harmful drug interactions, and calculate drug dosage adjustments for patients; and medical information services, namely, preparation and generation of reports for the foregoing medical testing services through proprietary software applications ; medical analysis and consultation services which use bioinformatics for diagnostic or treatment purposes; providing objective, evidence-based medical information tailored to each patient's individual genetic profile to enable clinicians to prescribe individually appropriate medications; gene and tissue bank services that provide DNA samples for use in future medical and scientific research, medical and scientific educational studies, and development of new medical and scientific products and validation thereof
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 1920379, 4832278, 4860135, and others.


For informational purposes only, applicant's website address is: www.myriad.com

The owner's/holder's proposed attorney information: Anne E. Keenan-Yates. Other appointed attorneys are Victoria Brewster, Brooks Bruneau, Chris Turk, Christine Baker, Debbie Lively, Jana France, Larry Robins, Lisa Carroll, Michelle Fullmer, and T.J. DoVale. Anne E. Keenan-Yates of FisherBroyles LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      1029 Peachtree Parkway North, Suite 195
      Peachtree City, Georgia 30269
      United States
      678-632-6933(phone)
      docketing@fisherbroyles.com
The docket/reference number is 11832.T011US.
Anne E. Keenan-Yates submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.

The applicant's current Correspondence Information:

Anne E. Keenan-Yates

PRIMARY EMAIL FOR CORRESPONDENCE: docketing@fisherbroyles.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): anne.keenan-yates@fisherbroyles.com; victoria.brewster@fisherbroyles.com; kristin.hooper@fisherbroyles.com Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $1400 has been submitted with the application, representing payment for 4 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce and was in use in commerce as of the filing date of the application on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application and was used on or in connection with the goods/services in the application as of the application filing date; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Matthew Gordon/   Date: 04/20/2021
Signatory's Name: Matthew Gordon
Signatory's Position: Senior Director, Legal Affairs
Signatory's Phone Number: Not Provided
Signature method: Sent to third party for signature
Payment Sale Number: 90660096
Payment Accounting Date: 04/21/2021

Serial Number: 90660096
Internet Transmission Date: Wed Apr 21 10:25:55 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.X-20210421102555987
753-90660096-770a2cbbe36a964dd612c1c44f4
ccdae72334fe396fd62ae2c98cfaf68b6e804a-C
C-25543069-20210420141131373789