`ESTTA575010
`ESTTA Tracking number:
`12/06/2013
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`85683762
`
`Mabimmune Diagnostics AG
`Notice of Appeal
`
`Application Serial
`No.
`Applicant
`
`Notice is hereby given that Mabimmune Diagnostics AG appeals to the Trademark Trial and Appeal Board
`the refusal to register the mark depicted in Application Serial No. 85683762.
`Applicant has filed a request for reconsideration of the refusal to register, and requests suspension of the
`appeal pending consideration of the request by the Examining Attorney.
`The refusal to register has been appealed as to the following class of goods/services:
`- Class 005. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are appealed, namely: Pharmaceutical preparations for keloid scar
`formation, dermal burns, lymphomas,sarcomas, carcinomas, and leukemias, inflammatory disease,
`cardiovascular disease, atherosclerosis, rheumatoid arthritis, stroke or an acute coronary syndrome such
`as myocardial infarction heart attack, chronic liver disease, cerebral venous thrombosis, deep venous
`thrombosis orpulmonary embolism, arterial thrombosis, aneurysm, heart failure, ischemic heart diseases,
`angina pectoris, sudden cardiac death, hypertensive heart disease, non-coronary vessel disease, such as
`atherosclerosis, small vessel disease, vascular dementia, nephropathy, hypertriglyceridemia,
`hypercholesterolemia, hyperlipidemia, xanthomatosis, asthma, hypertension, emphysema and chronic
`pulmonary disease, a cardiovascular condition associated with an interventional procedure suchas
`restenosis following angioplasty, placement of a stent, synthetic or neutralextension grafts. Metabolic
`diseases including diabetes mellitus; veterinary preparations for keloid scar formation, dermal burns,
`lymphomas, sarcomas, carcinomas, and leukemias, inflammatory disease, cardiovascular disease,
`atherosclerosis, rheumatoid arthritis, stroke or an acute coronary syndrome such as myocardialinfarction
`heart attack, chronic liver disease, cerebral venous thrombosis, deep venous thrombosis or pulmonary
`embolism, arterial thrombosis, aneurysm, heart failure, ischemic heart diseases, anginapectoris, sudden
`cardiac death, hypertensive heart disease, non-coronary vesseldisease, such as atherosclerosis,
`smallvessel disease, vascular dementia, nephropathy, hypertriglyceridemia, hypercholesterolemia,
`hyperlipidemia, xanthomatosis, asthma, hypertension, emphysema and chronic pulmonary disease, a
`cardiovascular condition associated with an interventional procedure such as restenosis following
`angioplasty, placement of a stent, synthetic or neutral extension grafts.Metabolic diseases including
`diabetes mellitus; tumor suppressing agents; preparations for treating neurodegenerative diseases;
`immunogenics, namely, pharmaceutical preparations for inducing immune responses for the treatment of
`oncology indications including lymphomas, sarcomas, carcinomas, leukemias, bacterial infections,
`parasitic disease; vaccines; antibodies, namely for treatment of anti-inflammatory, cardiovascular,
`oncological, and dematological indications; epitopes,namely, for the pre-clinical research and
`development of pharmaceutical preparations such as antibodies or active peptites, active epitopes in the
`form of a pharmaceutical preparation which modulate the biological activity of drug targets in-vivo;
`synthetic peptides for pharmaceutical purposes for the treatment of keloid scar formation, dermal burns,
`lymphomas, sarcomas, carcinomas, and leukemias, inflammatory disease, cardiovascular disease,
`atherosclerosis, rheumatoid arthritis, stroke or an acute coronary syndrome such as myocardial infarction
`heart attack, chronic liver disease, cerebral venous thrombosis, deep venous thrombosis or pulmonary
`embolism, arterial thrombosis, aneurysm, heart failure, ischemic heart diseases, angina pectoris, sudden
`cardiac death, hypertensive heart disease, non-coronary vessel disease, such as atherosclerosis, small
`vessel disease, vascular dementia, nephropathy, hypertriglyceridemia, hypercholesterolemia,
`hyperlipidemia, xanthomatosis, asthma, hypertension, emphysema and chronic pulmonary disease,
`cardiomyopathies a cardiovascular condition associated with an interventional procedure such as
`restenosis following angioplasty, placement of a stent,synthetic or neutral extension grafts. Metabolic
`diseases including diabetes mellitus; sanitary preparations for medical purposes; biological preparations
`for medical purposes for the treatment of keloid scar formation, dermal burns, lymphomas, sarcomas,
`carcinomas, and leukemias, inflammatory disease, cardiovascular disease, atherosclerosis, rheumatoid
`
`
`
`arthritis, stroke or an acute coronary syndrome such as myocardial infarction heartattack, chronic liver
`disease, cerebralvenous thrombosis, deep venous thrombosis or pulmonary embolism, arterial
`thrombosis, aneurysm, heart failure, ischemicheart diseases, angina pectoris, suddencardiac death,
`hypertensive heart disease, non-coronary vessel disease, such asatherosclerosis, small vessel disease,
`vascular dementia, nephropathy, hypertriglyceridemia, hypercholesterolemia, hyperlipidemia,
`xanthomatosis, asthma, hypertension, emphysema and chronic pulmonarydisease, cardiomyopathies a
`cardiovascular condition associated with an interventional procedure such as restenosis following
`angioplasty, placement of a stent, synthetic or neutral extension grafts.Metabolic diseases including
`diabetes mellitus; biocides; Diagnostic preparations for medical or veterinary purposes; sanitary towels;
`dietetic food, namely, pasta, crackers, bread adapted for medical purposes; dietetic beverages, namely,
`tea, dietary beverages, protein shakes adapted for medical purposes; Algaecide chemicals for swimming
`pools; Biological tissue, bone, skin, blood vessels, cartilage, muscle, teeth, extracellular matrix, heart
`valves intended for subsequent implantation; Synthetic peptides and polypeptides for the treatment of
`keloid scar formation, dermal burns, lymphomas, sarcomas, carcinomas, and leukemias, inflammatory
`disease, cardiovascular disease, atherosclerosis, rheumatoid arthritis,stroke or an acute coronary
`syndrome such as myocardial infarction heart attack, chronic liver disease, cerebral venousthrombosis,
`deep venous thrombosis or pulmonary embolism, arterial thrombosis, aneurysm, heart failure, ischemic
`heart diseases, angina pectoris, sudden cardiac death, hypertensive heart disease, non-coronary vessel
`disease, such as atherosclerosis, small vessel disease, vascular dementia, nephropathy,
`hypertriglyceridemia, hypercholesterolemia, hyperlipidemia, xanthomatosis, asthma, hypertension,
`emphysema and chronic pulmonary disease, cardiomyopathies a cardiovascular condition associated with
`an interventionalprocedure such as restenosis following angioplasty, placement of a stent, synthetic or
`neutral extension grafts. Metabolic diseases including diabetes mellitus
`Respectfully submitted,
`/janice housey/
`12/06/2013
`JANICE HOUSEY
`SYMBUS LAW GROUP LLC
`PO BOX 11085
`MC LEAN, VA 22102-7985
`UNITED STATES
`jhousey@symbus.com