Receptor (refusal)

[kimi]

I'm not sure whether this has been posted earlier:

RECEPTOR LIFE SCIENCES - Trademark Details
Status: 645 - Final Refusal - Mailed
Image for trademark with serial number 86898208
Serial Number
86898208
Word Mark
RECEPTOR LIFE SCIENCES
Status
645 - Final Refusal - Mailed
Status Date
2016-12-21
Filing Date
2016-02-04
Mark Drawing
4000 - Standard character mark Typeset
Attorney Name
Frances M. Jagla
Law Office Assigned Location Code
M70
Employee Name
BURNS, ELLEN FERRER
Statements
Disclaimer with Predetermined Text
"LIFE SCIENCES"
Goods and Services
Pharmaceutical preparations for human use for the treatment of pain, central nervous systems, metabolic disorders, gastrointestinal disorders, for use in side effects from chemotherapy; inhalers sold pre-filled with pharmaceutical preparations; namely, pharmaceutical preparations with plant extracts for the treatment of pain, central nervous systems, metabolic disorders, gastrointestinal disorders and for use in side effects from chemotherapy; plant extracts for pharmaceutical purposes
Goods and Services
scientific and medical research relating to the diagnosis and treatment of medical conditions; scientific and medical research relating to plant extracts for pharmaceutical purposes
Goods and Services
providing a website featuring information relating to the diagnosis and treatment of medical conditions
Classification Information
International Class
005 - Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. - Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
US Class Codes
006, 018, 044, 046, 051, 052
Class Status Code
6 - Active
Class Status Date
2016-02-10
Primary Code
005
International Class
042 - Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software; legal services. - Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software; legal services.
US Class Codes
100, 101
Class Status Code
6 - Active
Class Status Date
2016-02-10
Primary Code
042
International Class
044 - Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. - Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
US Class Codes
100, 101
Class Status Code
6 - Active
Class Status Date
2016-02-10
Primary Code
044
Current Trademark Owners
Party Name
RECEPTOR LIFE SCIENCES, INC.
Party Type
10 - Original Applicant
Legal Entity Type
03 - Corporation
Address
Please log in with your Justia account to see this address.
Correspondences
Name
FRANCES M. JAGLA
Address
Please log in with your Justia account to see this address.
Trademark Events
Event Date Event Description
2016-02-08 NEW APPLICATION ENTERED IN TRAM
2016-02-10 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
2016-05-19 ASSIGNED TO EXAMINER
2016-05-29 NON-FINAL ACTION WRITTEN
2016-05-29 NON-FINAL ACTION E-MAILED
2016-05-29 NOTIFICATION OF NON-FINAL ACTION E-MAILED
2016-11-29 TEAS RESPONSE TO OFFICE ACTION RECEIVED
2016-11-29 CORRESPONDENCE RECEIVED IN LAW OFFICE
2016-11-30 TEAS/EMAIL CORRESPONDENCE ENTERED
2016-12-21 FINAL REFUSAL WRITTEN
2016-12-21 FINAL REFUSAL E-MAILED
2016-12-21 NOTIFICATION OF FINAL REFUSAL EMAILED

trademarks.justia.com/868/98/receptor-life-86898208.html

[peppy]

Heh. The government has it's ways. Receptor has been denied an API again.

Thank you for posting Kimi.

[boca1girl]

I'm not a lawyer, but I think this is a refusal for the image of a trademark they were seaking, not an API.

[peppy]

can we check, can anyone bring up the API please?

The initial API that was rejected.

www.screencast.com/t/lem3LWalMCmC

a new one application was submitted.

Was it accepted?
There are time frames.

[matt]

The refusal was to register a "word mark" which is usually just some words, with or without a particular font. Microsoft, for example, uses no logo and just the word "Microsoft" written in the Lucida Sans font with the bold and italic attributes turned on.

It is hard to say why this mark was rejected, but I suspect that the trademark office felt the name "Receptor Life Sciences" was descriptive and therefore not usable as a trademark. Almost every pharmaceutical preparation in the life sciences industry interacts with a cellular receptor, which is why it is descriptive of the product and not sufficiently unique. The example frequently given is that the Eastman Company could trademark "Kodak" but not "Kodak Film" because "film" was descriptive of the product. However, a fashion designer could trademark "Film" as a way to brand its new skin-tight line "Film" blue jeans because blue jeans is the description of the product and film just invokes an image of how they fit.

[madog365]

This is old news related to the refusal of the trademark. They have not filed for a new one yet.

Since then there has been few and far between updates from receptor.

In January, 2017 they did a debt offering for around 5m. they also cancelled Andrea Leone Bays speaking appointment at a medical marijuana related conference.

Then in the latest MNKD 10-Q we found out :

On March 15, 2017, the Company entered into a Manufacturing and Supply Agreement with Receptor pursuant to which the Company will provide certain raw materials to Receptor.

On March 16, 2017, the Company agreed to provide certain additional research and formulation consulting services to Receptor.

They seem to be moving along which is more than can be said about other collaborations mnkd has signed in the past.

[veritasfiliatemporis]

May 23, 2017 7:37:23 GMT -5 madog365 said:

This is old news related to the refusal of the trademark. They have not filed for a new one yet.

Since then there has been few and far between updates from receptor.

In January, 2017 they did a debt offering for around 5m. they also cancelled Andrea Leone Bays speaking appointment at a medical marijuana related conference.

Then in the latest MNKD 10-Q we found out :

On March 15, 2017, the Company entered into a Manufacturing and Supply Agreement with Receptor pursuant to which the Company will provide certain raw materials to Receptor.

On March 16, 2017, the Company agreed to provide certain additional research and formulation consulting services to Receptor.

They seem to be moving along which is more than can be said about other collaborations mnkd has signed in the past.

Sorry I'm brand new here... this is an old news...Receptor Life Sciences name is too generic that's why

[avi8torslc]

WorldMark by Wyndam.......this could be the issue.

[porkini]

May 24, 2017 9:39:41 GMT -5 avi8torslc said:

WorldMark by Wyndam.......this could be the issue.

Could you please be more blunt for those of us who are intellectually challenged? I can't find the dots... Thanks!   

[dreamboatcruise]

May 23, 2017 6:53:54 GMT -5 matt said:

The refusal was to register a "word mark" which is usually just some words, with or without a particular font. Microsoft, for example, uses no logo and just the word "Microsoft" written in the Lucida Sans font with the bold and italic attributes turned on.

It is hard to say why this mark was rejected, but I suspect that the trademark office felt the name "Receptor Life Sciences" was descriptive and therefore not usable as a trademark. Almost every pharmaceutical preparation in the life sciences industry interacts with a cellular receptor, which is why it is descriptive of the product and not sufficiently unique. The example frequently given is that the Eastman Company could trademark "Kodak" but not "Kodak Film" because "film" was descriptive of the product. However, a fashion designer could trademark "Film" as a way to brand its new skin-tight line "Film" blue jeans because blue jeans is the description of the product and film just invokes an image of how they fit.

I would guess you are correct.  I've applied for trademarks and the one reason I've been turned down was being deemed descriptive... even when it was an acronym which no other company would have used if not trying to cause confusion with our product... but most of the underlying words indeed had to do with describing the functionality of the product.

[avi8torslc]

Was joking around. Sorry....

[mnholdem]

Keep in mind that they can keep the name. They just cannot protect it.

[babaoriley]

May 24, 2017 15:03:22 GMT -5 mnholdem said:

Keep in mind that they can keep the name. They just cannot protect it.

mn attempted to protect the name "mnholdem" and got turned down!  He's somewhat bitter about that. 

[mnholdem]

Actually I tend to avoid situations entirely where some government agency will dictate to me what I can or cannot do.  But if I had applied for a trademark, I'm sure I would have gotten it. After all, mnholdem is not exactly a household name!

Now the bars, on the other hand...