Statement of Use

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 11/30/2008)

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PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 11/30/2008)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:

MARK: JANUVIA
SERIAL NUMBER: 76635570

This Allegation of Use is being filed after a Notice of Allowance has issued.
An Extension of Time form is being filed with the Allegation of Use.

The applicant, Merck & Co., Inc., having an address of One Merck Drive P.O. Box 100, Whitehouse Station, New Jersey United States 08889-0100, is using or is using through a related company or licensee the mark in commerce on or in connection with the goods and/or services as follows:

For International Class: 005, the applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with all goods and/or services listed in the application or Notice of Allowance, except the following: addiction, urinary incontinence, cardiovascular diseases and disorders, cerebrovascular diseases and disorders, anxiety, depression, insomnia, cognitive disorders, diseases and disorders of the central nervous system, gastrointestinal diseases and disorders, obesity, inflammation and inflammatory diseases, respiratory diseases and disorders, musculo-skeletal disorders, and osteoporosis; Anti-infective preparations; Anti-viral preparations; immunological preparations; Analgesic preparations; Antiemetic preparations.
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 10/20/2006, and first used in commerce at least as early as 10/20/2006, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Scanned label.
Specimen-1

The applicant hereby appoints KEVIN M. DUGAN to submit this Trademark/Service Mark Statement of Use on behalf of the applicant. The attorney docket/reference number is Robert Peverada.

A fee payment in the amount of $100 will be submitted with the form, representing payment for 1 class.


Declaration

Applicant requests registration of the above-identified trademark/service mark in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq., as amended). Applicant is the owner of the mark sought to be registered, and is using the mark in commerce on or in connection with the goods/services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.

The undersigned being hereby warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may jeopardize the validity of this document, declares that he/she is properly authorized to execute this document on behalf of the Owner; and all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.


Signature: /robert peverada/      Date Signed: 01/11/2007
Signatory's Name: Robert Peverada
Signatory's Position: Attorney

RAM Sale Number: 328
RAM Accounting Date: 01/12/2007

Serial Number: 76635570
Internet Transmission Date: Thu Jan 11 16:04:55 EST 2007
TEAS Stamp: USPTO/SOU-XXX.XX.XX.XXX-2007011116045607
3799-76635570-360eff4eab8d3dc19571dc9fde
fd93b71b-DA-328-20070111153543581552


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