NorthWest Biotherapeutics Inc (NWBO)

[IkeEsq]

RE: Trademark Registration of DCVAX

Before people get too excited about the registration of DCVAX or read too much into the dates and such, let me explain what actually happened.

Click on Prosecution History to look at what has happened with the application and you see that the application was made on June 6, 2014. However, after being assigned to an examiner on September 16, 2014, a suspension letter was sent on September 17, 2014. On July 21, 2017, a letter regarding that suspension was filed with the PTO and on July 25, 2017, the mark was approved for publication.

What does this mean?

You need to go to the Documents tab at the top (rather than Status). Look at the Suspension Letter filed September 17, 2014. This states that there were no active marks that would bar publication of DCVAX but that there was a pending application (86/073736) for dCellVax, filed September 24, 2013 by Regen Biopharma that would bar publication.

http://tsdr.uspto.gov/#caseNumber=86073736&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch

Looking at that application, it was an "Intent to Use" application, meaning that it was not being used in commerce but the company intended to use it and was putting a placeholder with a requirement that they show actual use in commerce within a prescribed period.

Looking at the Prosecution history of dCellVax, they filed requests every six months but after being unable to prove use after the fifth and final allowable extension, the application was abandoned on May 24, 2017.

Two months later, DCVAX notifies the USPTO that the dCellVax mark has been abandoned and DCVAX is subsequently registered.