November 21st, 2012
The U.S. Patent & Trademark Office publishes same filing-to-registration timelines for applications filed based on different bases.
Today’s timeline shows a sample timeline for a Section 1(b) intent-to-use application:
For the full-sized version of the flowchart, please click here. We hope this information is useful.
If you have any questions or concerns, please do not hesitate to contact us.
November 21st, 2012
On Tuesday, the FDA announced that it approved the first flu vaccine comprising animal cell cultures. The vaccine, to be marketed under the trademark FLUCELVAX, is a Novartis product. FLUCELVAX will be manufactured in Novartis’ brand new North Carolina plant.
The vaccine is produced with virus strains that are grown in animal cell cultures derived from mammals instead of in chicken eggs. Similar cell culture technology has long been used to produce other types of vaccines, FDA said.
FDA press release here.
November 16th, 2012
Lombard & Geliebter LLP partners, Mathew Lombard and Darren Geliebter, secured a trademark victory for Aventis Pharmaceuticals Inc.
After an opposition proceeding at the U.S. Patent & Trademark Office’s Trademark Trial & Appeal Board (“TTAB”), Aventis Pharmaceuticals filed an appeal with the District Court for the Southern District of New York seeking review of the TTAB’s decision.
When negotiations with the applicant/infringer failed to achieve a settlement, Aventis pursued the action in court. On September 28, 2012, Judge Engelmayer issued a default judgment in favor of Aventis. The order finds that Heal the World, Inc.’s applied-for trademarks LAZACOR and LAZACOR+ infringe and dilute Aventis’ NASACORT mark.
Accordingly, the court ordered the U.S. Patent & Trademark Office to refuse registration of LAZACOR and LAZACOR+, enjoined Heal the World from ongoing use of the marks and ordered Heal the World to destroy existing products, labels and advertising and to take down any and all web sites using the LAZACOR marks.
The deadline to appeal has expired, and the court’s order stands.
We congratulate Aventis Pharmaceuticals and its parent company, Sanofi, for a successful action.
November 15th, 2012
Based on Genetic Engineering & Biotechnology News’ list of best-selling drugs between 2000 and 2011, Pfizer’s LIPITOR topped the list with $121.4 billion in sales. Sanofi/Bristol-Myers Squibb’s PLAVIX was number two with $74.6 billion in sales.
Sanofi’s LOVENOX also appeared in the top 10.
November 14th, 2012
Apple, Inc. has reportedly paid Swiss rail operator, SBB, $21 million for use of the Swiss transportation company’s clock design.
As much as I like my Apple products, for a company that prides itself on design coupled with function, it seems to me the Apple could have developed its own clock design. But, Apple usually gets what it wants – even if it costs $21 million.
November 12th, 2012
Anheuser-Busch has asked Paramount Pictures to remove (or obscure) images of its Budweiser® brand beer from the film “Flight,” starring Denzel Washington as a hero pilot accused of imbibing in excess before a plane crash.
In a written statement, Robert McCarthy, Budweiser’s Vice President said, “We would never condone the misuse of our products, and have a long history of promoting responsible drinking and preventing drunk driving. It is disappointing that Image Movers, the production company, and Paramount chose to use one of our brands in this manner.”
Of course, the fact that Budweiser would “never condone” misuse of alcohol, the stark reality is that people do abuse alcohol. While Budweiser may be less cooperative with Paramount pictures in future products, we think it is unlikely that Budweiser will be able to legally prevent the appearance of Budweiser in the film.
November 6th, 2012
Lombard & Geliebter partner, Mathew Lombard, has published an article about the importance of trademarks at the Biotech Start-up Blog. You may access the article here.
Congratulations to Mathew. We look forward to seeing future articles.
October 7th, 2012
The Patent, Used as a Sword http://t.co/O4RiHvF7
October 4th, 2012
Apparently, a new Yahoo! employee doesn’t like the ® symbol in the corporate logo, and has launched a campaign to remove it.
October 3rd, 2012
New patent hints at Google Glass wristwatch http://t.co/3p468JAV via @CNET