THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Trademark Operations
`I
`_
`Lowry
`Trademark Attorney: Leigh
`Trademark Law Office 104
`_
`"" '“' " ‘ ‘ “”‘ "'14
`TTAB
`
`Vectura Limited
`Applicant
`79/023,146
`Serial No
`GYROHALER _
`Mark:
`August 10, 2005
`Filed:
`___________________
`
`Attorney Ref.: 60895-233316
`Honorable Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`RESPONSE AND NOTICE OF APPEAL
`
`Sir:
`
`This is in response to the Office Action. Please amend the identification of goods to read as
`follows:
`
`Class 5
`Pharmaceutical and veterinary preparations for the prevention or treatment of, or
`protection against, infectious diseases, pain, inflammation, sepsis, alopecia and
`obesity, and for the prevention or treatment of or protection against viral, metabolic,
`musculoskeletal, cardiovascular, genitourinary, central nervous system,
`endocrinological, immunological, obstetrical, gynaecological, oncological,
`respiratory, neurological, gastrointestinal, hormonal, dermatological and psychiatric
`related diseases and disorders, and pharmaceutical preparations for skin and tissue
`repair; pharmaceutical and veterinary preparations for the prevention and treatment
`of lung disease, lung infections and respiratory ailments; medicaments for the
`prevention or treatment of, or protection against, infectious diseases, pain,
`inflammation, sepsis, alopecia and obesity, and for the prevention or treatment of or
`protection against viral, metabolic, musculoskeletal, cardiovascular, genitourinary,
`central nervous system, endocrinological, immunological, obstetrical,
`gynaecological, oncological, respiratory, neurological, gastrointestinal, hormonal,
`dermatological and psychiatric related diseases and disorders, and medicaments for
`skin and tissue repair, all being for pulmonary delivery or inhalation; medicaments
`for the treatment of erectile dysfunction; medicaments for the treatment of premature
`ejaculation; medicaments for the treatment of female sexual dysfunction;
`medicaments for the treatment of chronic obstructive pulmonary disease;
`medicaments for the treatment of asthma; medicaments for the treatment of cystic
`fibrosis; medicaments for the treatment of migraines; medicaments for the treatment
`of Parkinsons disease
`
`08-06-2007
`US. Patant&TMOt:JTM MailHq1Dt #72
`
`

`
`Class 10
`Puhnonary drug delivery devices; inhalers, metered dose inhalers, active dry powder
`inhalers, and passive dry powder inhalers for medical and therapeutic purposes sold
`empty; nebulizers for respiration therapy; parts and fittings for all the aforesaid
`goods
`
`Class 16
`Printed publications, namely, leaflets, brochures, booklets, manuals, magazines,
`books, guides pamphlets, catalogues, journals, newsletters, press releases, product
`guides, in the fields of medicine and pharmaceuticals; printed scientific and
`technical publications, namely a series of academic papers, journals, reports, a series
`of articles, magazines, books, newspapers, newsletters, press releases, and dossiers
`being collections of scientific papers in the fields of medicine and pharmaceuticals;
`paper, cardboard, and goods made from paper and cardboard, namely, paper labels,
`adhesive labels, boxes for pharmaceutical packaging, patient record cards and
`prescription pads; pharmaceutical information leaflets; books in the fields of
`medicine and pharmaceuticals; magazines, newsletters, pamphlets, reports,
`instructional and informational leaflets, and posters, all in the fields of medicine and
`pharmaceuticals; paper bags, envelopes, boxes and blister cards all for packaging;
`printed instructional and teaching materials in the fields of pharmaceuticals,
`healthcare and medicine.
`
`The wording "obstetrical, gynecological related diseases and disorders" in the specification
`of goods has previously been accepted by the U.S. Patent and Trademark Office. Attached are two
`recently issued registrations, including one issued on June 26, 2007, in which that specific wording
`was accepted. In View of the foregoing, it is respectfully requested that Applicant’s mark be
`forwarded for publication in the Oflicial Gazette.
`
`To the extent that the Examining Attorney maintains that the specification of goods is still
`indefinite with respect to a particular Class, this is authorization to treat this as a Notice of Appeal
`with respect to said Class(es) and to deduct the appropriate appeal fee from Deposit Account
`No. 22-0261 and notify us accordingly.
`
`Date: August 6, 2007
`
`Respectfully submitted,
`
`Mm.
`
`
`
`Mark B Harrison
`
`VENABLE
`
`P.O. Box 34385
`Washington, DC. 20043-9998
`Telephone: 202/344-4800
`Facsimile: 202/344-8300
`
`

`
` Trademark Operations
`
`TI-HE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`V
`Trademark Attorney: Leigh A. Lowry
`‘
`Trademark Law Office 104
`
`A
`
`Applicant:
`Serial No.:
`Mark:
`
`Vectura Limited
`79/023,146
`GYROHALER
`
`August 10, 2005
`Filed:
`
`
`Attorney Ref.: 60895-233316
`
`Honorable Commissioner for Trademarks
`P.O. Box 145 1
`Alexandria, VA 22313-1451
`
`RESPONSE AND NOTICE OF APPEAL
`
`Sir:
`
`This is in response to the Ofiice Action. Please amend the identification of goods to read as
`follows:
`
`Class 5
`Pharmaceutical and veterinary preparations for the prevention or treatment of, or
`protection against, infectious diseases, pain, inflammation, sepsis, alopecia and
`obesity, and for the prevention or treatment of or protection against viral, metabolic,
`musculoskeletal, cardiovascular, genitourinary, central nervous system,
`endocrinological, immunological, obstetrical, gynaecological, oncological,
`respiratory, neurological, gastrointestinal, hormonal, dermatological and psychiatric
`related diseases and disorders, and pharmaceutical preparations for skin and tissue
`repair; pharmaceutical and veterinary preparations for the prevention and treatment
`of lung disease, lung infections and respiratory ailments; medicaments for the
`prevention or treatment of, or protection against, infectious diseases, pain,
`inflammation, sepsis, alopecia and obesity, and for the prevention or treatment of or
`protection against viral, metabolic, musculoskeletal, cardiovascular, genitourinary,
`central nervous system, endocrinological, immunological, obstetrical,
`gynaecological, oncological, respiratory, neurological, gastrointestinal, hormonal,
`dermatological and psychiatric related diseases and disorders, and medicaments for
`skin and tissue repair, all being for pulmonary delivery or inhalation; medicaments
`for the treatment of erectile dysfunction; medicaments for the treatment of premature
`ejaculation; medicaments for the treatment of female sexual dysfunction;
`medicaments for the treatment of chronic obstructive pulmonary disease;
`medicaments for the treatment of asthma; medicaments for the treatment of cystic
`fibrosis; medicaments for the treatment of migraines; medicaments for the treatment
`of Parkinsons disease
`
`llllllllllllllllllllllllllllllllllllllllllllllllll
`
`08-06-2007
`U.S. Pa1ent&TMOIcfTM MaIlficr.(Dt #72
`
`

`
`Class 10
`Pulmonary drug delivery devices; inhalers, metered dose inhalers, active dry powder
`inhalers, and passive dry powder inhalers for medical and therapeutic purposes sold
`empty; nebulizers for respiration therapy; parts and fittings for all the aforesaid
`goods
`
`Class 16
`Printed publications, namely, leaflets, brochures, booklets, manuals, magazines,
`books, guides pamphlets, catalogues, journals, newsletters, press releases, product
`guides, in the fields of medicine and pharmaceuticals; printed scientific and
`4
`technical publications, namely a series of academic papers, journals, reports, a series
`of articles, magazines, books, newspapers, newsletters, press releases, and dossiers
`being collections of scientific papers in the fields of medicine and pharmaceuticals;
`paper, cardboard, and goods made from paper and cardboard, namely, paper labels,
`adhesive labels, boxes for pharmaceutical packaging, patient record cards and
`prescription pads; pharmaceutical information leaflets; books in the fields of
`medicine and pharmaceuticals; magazines, newsletters, pamphlets, reports,
`instructional and informational leaflets, and posters, all in the fields of medicine and
`pharmaceuticals; paper bags, envelopes, boxes and blister cards all for packaging;
`printed instructional and teaching materials in the fields ofpharmaceuticals,
`healthcare and medicine.
`
`The wording "obstetrical, gynecological related diseases and disorders" in the specification
`of goods has previously been accepted by the U.S. Patent and Trademark Office. Attached are two
`recently issued registrations, including one issued on June 26, 2007, in which that specific wording
`was accepted. In view of the foregoing, it is respectfully requested that Applicant’s mark be
`forwarded for publication in the Oflicial Gazette.
`
`To the extent that the Examining Attorney maintains that the specification of goods is still
`indefinite with respect to a particular Class, this is authorization to treat this as a Notice of Appeal
`with respect to said Class(es) and to deduct the appropriate appeal fee from Deposit Account
`No. 22-0261 and notify us accordingly.
`
`Date: August 6, 2007
`
`Respectfully submitted,
`
`
`
`Mark B Harrison
`
`VENABLE
`
`P.O. Box 34385
`Washington, D.C. 20043-9998
`Telephone: 202/344-4800
`Facsimile: 202/344-8300
`
`

`
`Page 1 of 2
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` PHARMAKODEX
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`Word Mark
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`Goods and
`Services
`
`Standard
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`Claimed
`Mark
`Drawing
`1..
`1;.
`
`A
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`PHARMAKODEX
`IC 005. US 006 O18 044 046 051 052. G & S: Pharmaceutical and veterinary preparations and substances for the
`treatment of or protection against infectious diseases, pain, inflammation. sepsis, alopecia and obesity, and for the
`treatment of or protection against viral, metabolic. musculoskeletal, cardiovascular, genitourinary, central nervous
`system, endocrinological, immunological, obstetrical, gynecological, oncological, respiratory, neurological
`gastrointestinal, hormonal, dermatological and psychiatric related diseases and disorders, and skin and tissue repair
`preparations; pharmaceutical preparations for use in pediatric medicine for the treatment of or protection against
`infectious diseases, pain, inflammation, sepsis, alopecia and obesity, and for the treatment of or protection against
`viral, metabolic, musculoskeletal, cardiovascular, genitourinary, central nervous system, endocrinological,
`immunological, obstetrical, gynecological, oncological, respiratory, neurological, gastrointestinal, hormonal,
`dermatological and psychiatric related diseases and disorders, and skin and tissue repair preparations; phannaceutical
`preparations for use in geriatric medicine for the treatment of or protection against infectious diseases, pain,
`inflammation, sepsis, alopecia and obesity, and for the treatment of or protection against viral, metabolic,
`musculoskeletal, cardiovascular, genitourinary, central nervous system, endocrinological, immunological, obstetrical,
`atric
`gynecological, oncological, respiratory, neurological, gastrointestinal, hormonal, dermatological and psychi
`related diseases and disorders,and skin and tissue repair preparations; phannaceutical preparations for use in treating
`s for use in
`diseases of the central nervous system, namely pain, epilepsy and Alzheimer's; pharmaceutical preparation
`dicine for
`the treatment of infectious diseases, namely antibiotics. pharmaceutical preparations for use in pediatric me
`ainst infectious diseases, pain, inflammation, sepsis, alopecia and obesity, and for the
`the treatment of or protection ag
`treatment of or protection against viral, metabolic, musculoskeletal, cardiovascular, genitourinary, central nervous
`system, endocrinological, immunological, obstetrical, gynecological. oncological, respiratory, neurological,
`gastrointestinal, hormonal, dermatological and psychiatric related diseases and disorders, and skin and tissue repair
`preparations, all formulated for dermal andlor transdermal or oral delivery, and/or as dry powders
`
`IC 042. US 100 101. G & S: Scientific research and technical consulting in the field of medicine and research in the
`dicines and
`field of medicine and design of medicines and medicine delivery systems relating thereto; and design of me
`medicine delivery systems relating thereto; design and development of computer hardware and software
`
`(4) STANDARD CHARACTER MARK
`
`..L.
`
`- -_./i-:../_.1...-..L1,.I.m€._A~.9.n+n+a—u/1.-<'1r'1
`
`1
`
`X/6/2007
`
`

`
`Trademark Electronic Search System (TESS)
`Code
`I
`'
`
`Page 2 of 2
`
`Serial
`79019586
`Number
`Filing Date May 24, 2005
`Current
`Filing Basis
`Original
`BSA
`Filing Basis
`P“b"s'.“?d f°' April 10, 2007
`Opposition
`
`66A
`
`Registration 3256596
`Number
`
`International
`
`Registration 0873239
`Number
`
`Registration June 26 2007
`Date
`’
`Owner
`(REGISTRANT) PHARMAKODEX LIMITED LIMITED COMPANY UNITED KINGDOM 1 Prospect West
`CHIPPENHAM, WILTSHIRE SN14 6FH UNITED KINGDOM
`
`Priority Date November 25, 2004
`Type of Mark TRADEMARK. SERVICE MARK
`Register
`PRINCIPAL
`LiveIDead
`Indicator
`
`LIVE
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`
`8/6/2007
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`,
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`Nh
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`Word Mark
`
`NHWA
`
`Goods and
`Services
`
`IC 005. US 006 018 044 046 O51 052. G & S: Medicines for human use and Chemico-pharmaceutical preparations,
`namely pharmaceutical preparations used to diminish inflammation, ease pain, relieve itch, allay a fever, stop bleeding,
`reduce tumefaction, dissolve gore: pharmaceutical preparations in the treatment of diseases caused by influenza,
`spasm, pain, hypomnesis, hindrance in the function of brain function, hindrance in upgrowth, ischemia and vasospasm;
`pharmaceutical preparations in the treatment of diseases caused by rheumatism; pharmaceutical preparations in the
`treatment of disorder in blood-lipid and blood pressure, convulsion, epilepsy, dementia, depression, mania, anxiety,
`hallucination, ataxia, constrain, schizophrenia, mental diseases. psychonosema, tremor, hypersensitivity, restlessness,
`scurvy, diabetes, obesity, neuropathy, psychoneurosis, neuronal diseases, parasitosis, heart attack, dermatosis,
`ophthalmopathy, otopathy, rhinopathy, laryngopathy, diseases in brain, diseases in lung, diseases in intestinal canal,
`diseases in stomach, diseases in liver, diseases in biliary tract, diseases in kidney, diseases in womb, cancer,
`stomatopathy. gynecological diseases, obstetrical diseases, angionosis, diseases in skeleton and bones, diseases
`in muscle, hematopathy, endocrinopathic diseases. diseases in urogenital system, diseases in genital system,
`respiratory failure, vomit; immuno-modulators; central nerve stimulants; hypnotics, sedatives, antithrombotics;
`pharmaceutical preparations in the treatment of lack of inorganic salts, sprain, wounds, debility, apoplexy, heatstroke;
`antidotes; anti-senile agents; Sanitary sterilizing preparations; medicinal herbs in dried or preserved form; ointment for
`pharmaceutical purposes, namely disinfectant ointments, antibacterial ointments, anti-inflammatory ointments, burn
`treatment ointments, analgesic ointments, antipruritic ointments; lsopropyl alcohol for medical use; Traditional Chinese
`medicines for the treatment to diminish inflammation, ease pain. relieve itch, allay a fever, stop bleeding, reduce
`tumefaction, dissolve gore. Traditional Chinese medicines for the treatment of diseases caused by influenza, spasm,
`pain, hypomnesis, hindrance in the function of brain function, hindrance in upgrowth, ischemia and vasospasm;
`Traditional Chinese medicines for the treatment of diseases caused by rheumatism; Traditional Chinese medicines for
`the treatment of disorder in blood-lipid and blood pressure, convulsion, epilepsy, dementia, depression, mania, anxiety,
`hallucination, ataxia, constrain, schizophrenia, mental diseases, psychonosema, tremor, hypersensitivity, restlessness,
`scurvy, diabetes, obesity, neuropathy, psychoneurosis, neuronal diseases, parasitosis, heart attack, dermatosis,
`ophthalmopathy, otopathy, rhinopathy, laryngopathy, diseases in brain, diseases in lung, diseases in intestinal canal,
`diseases in stomach, diseases in liver, diseases in biliary tract, diseases in kidney, diseases in womb, cancer,
`stomatopathy. gynecological diseases, obstetrical diseases, angionosis, diseases in skeleton and bones, diseases
`in muscle, hematopathy, endocrinopathic diseases, diseases in urogenital system, diseases in genital system,
`respiratory failure, vomit; immuno-modulators; central nerve stimulants; hypnotics, sedatives, antithrombotics;
`
`I-:1-tn-//trace’? ncnfn onv/lath/<l'1n\7t/‘Helr19F=r1OCrQVSf21’e=6q1S9].2.2
`
`8/6/2007
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`‘
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`-
`
`s eTraditional Chinese medicines for the treatment of lack of inorganic salts, sprain, wounds, debility, apoplexy,
`heatstroke; antidotes; anti-senile agents; Sanitary sterilizing preparations; Alcohols for pharmaceutical purposes,
`namely alcohols for the treatment of diseases caused by rheumatism, arthritis, diseases in lung, diseases in intestinal
`canal, diseases in stomach, diseases in liver, diseases in biliary tract, diseases in kidney, cancer, stomatopathy,
`gynecological diseases, angionosis, diseases in skeleton and bones, diseases in muscle, diseases in urogenital
`system, immuno-modulators;dietetic foods adapted for medical use
`
`(5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM
`
`Mark
`Drawing
`Code
`Serial
`79018321
`Number
`Filing Date March 7, 2005
`Current
`Filing Basis
`Original
`Filing Basis
`Published
`for
`Opposition
`
`66A
`
`66A
`
`November 21, 2006
`
`Registration 3206407
`Number
`International
`
`Registration 0869911
`Number
`V
`§:fe'5"“"'°" February 6, 2007
`Owner
`(REGISTRANT) NHWA PHARMACEUTICAL CORPORATION CORPORATION CHINA Zhongshan North Road
`Xuzhou City; Jiangsu Province CHINA
`.
`
`Type of Mark TRADEMARK
`Register
`PRINCIPAL
`LiveIDead
`Indicator
`
`LIVE
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`Imsrusm sraumaan
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