TEAS Plus New Application

PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

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PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

Trademark/Service Mark Application, Principal Register

TEAS Plus Application

Serial Number: 78822612

Filing Date: 02/24/2006

To the Commissioner for Trademarks:
MARK: VIVELLE-DOT (Standard Characters, see mark)
The literal element of the mark consists of VIVELLE-DOT. The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, Novartis AG, a corporation of Switzerland, residing at 4002, Basel, Switzerland, , requests registration of the trademark/service mark identified above 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.

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 005:  Pharmaceutical preparations for the treatment of hormonal imbalances and deficiencies, pre- and post menopausal symptoms and osteoporosis as well as women's hormonal or reproductive disorders, ailments and conditions

If the applicant is filing under Section 1(b), intent to use, the applicant declares that it has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(b), as amended.

If the applicant is filing under Section 1(a), actual use in commerce, the applicant declares that it is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.

If the applicant is filing under Section 44(d), priority based on foreign application, the applicant declares that it has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on a specified foreign application(s). 15 U.S.C. Section 1126(d), as amended.

If the applicant is filing under Section 44(e), foreign registration, the applicant declares that it has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and submits a copy of the supporting foreign registration(s), and translation thereof, if appropriate. 15 U. S.C. Section 1126(e), as amended.


The applicant claims ownership of U.S. Registration Number(s) 2520659.

The applicant hereby appoints Maury M. Tepper, III and M. Christopher Bolen, Kathryn M. Eyster, Jack B. Hicks, Sarah Anne Keefe, Jeffrey R. McFadden, C. Robert Rhodes, Randel S. Springer, Maury M. Tepper, III, Mitchell A. Tuchman of Womble Carlyle Sandridge & Rice, PLLC, PO Box 831, Raleigh, North Carolina, United States, 27602 to submit this application on behalf of the applicant. The attorney docket/reference number is 51653.

The applicant hereby appoints Novartis Pharmaceuticals Corporation, One Health Plaza, Bldg. 430, East Hanover, New Jersey, United States, 07936 as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: mtepper@wcsr.com.

A fee payment in the amount of $275 will be submitted with the application, representing payment for 1 class(es).

Declaration

The undersigned, being hereby warned that willful false statements and the like so made 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 the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that 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: /Maury M. Tepper, III/   Date: 02/24/2006
Signatory's Name: Maury M. Tepper, III
Signatory's Position: Attorney for Applicant
Mailing Address:
     Maury M. Tepper, III
     PO Box 831
     Raleigh, North Carolina 27602

RAM Sale Number: 1442
RAM Accounting Date: 02/24/2006

Serial Number: 78822612
Internet Transmission Date: Fri Feb 24 12:37:52 EST 2006
TEAS Stamp: USPTO/FTK-XX.XXX.XXX.XXX-200602241237527
20541-78822612-3005259bfedee3f3d323f32a2
fcddda5f95-DA-1442-20060224104953183149