TEAS RF New Application

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

Trademark/Service Mark Application, Principal Register

Serial Number: 87287410

Filing Date: 01/03/2017

To the Commissioner for Trademarks:

MARK: ONGENTYS (stylized and/or with design, see mark)

The literal element of the mark consists of ONGENTYS.
The color(s) blue and light blue is/are claimed as a feature of the mark. The mark consists of the word ONGENTYS in stylized form in blue. The letters ON in ONGENTYS are capitalized and the remainder of the word are in lower-case form. Underneath the "O" in ONGENTYS appears a stylized semi-circle, radiating out from the bottom of the letter "O" in shades of light blue.
The applicant, Bial-Portela & Ca., S.A., a sociedade por ações (s.a.) legally organized under the laws of Portugal, having an address of
      (S. Romao e S. Mamede)
      A Avenida da Siderurgia Nacional
      Coronado P-4745-457
      Portugal

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 the following:

       International Class 005:  Pharmaceutical preparations for the treatment of diseases and disorders of the central/peripheral nervous system, movement disorders, Parkinson's disease and Parkinsonian disorders and restless legs syndrome; dietetic substances adapted for medical use; food for babies; plasters for medical purposes; materials for dressings, namely, wound dressings; material for stopping teeth; dental wax; disinfectants; preparations for destroying vermin; Fungicides; Herbicides

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on European Union Trademark - EUTM application number 015838295, filed 09/16/2016.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on §44(e) as a basis for registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.




Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4228362.

Translation
The wording ONGENTYS has no meaning in a foreign language.

The applicant's current Attorney Information:
      Ryan A. McGonigle and Neil B. Friedman, Anne F. Downey, and Daniel F. Dovi of Hodgson Russ LLP
      24th Floor
      1540 Broadway
      New York, New York 10036
      United States
      6462187537(phone)
      6462187663(fax)
      rmcgonig@hodgsonruss.com (authorized)
The attorney docket/reference number is RAM JPC.

The applicant's current Correspondence Information:

Ryan A. McGonigle

Hodgson Russ LLP

24th Floor       1540 Broadway

New York, New York 10036

6462187537(phone)

6462187663(fax)

rmcgonig@hodgsonruss.com;ipdocketing@hodgsonruss.com; naquino@hodgsonruss.com; mmiller@hodgsonruss.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or applicant's attorney at the e-mail address provided above. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in an additional processing fee of $50 per international class of goods/services.

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

Declaration

The signatory believes that: if the applicant is filing the application under 15 U.S.C. § 1051(a), the applicant is the owner of the trademark/service mark sought to be registered; the applicant is using the mark in commerce on or in connection with the goods/services in the application; the specimen(s) shows the mark as used on or in connection with the goods/services in the application; and/or if the applicant filed an application under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e), the applicant is entitled to use the mark in commerce; the applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the goods/services in the application. The signatory believes that to the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive. The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Ryan A. McGonigle/   Date: 01/03/2017
Signatory's Name: Ryan A. McGonigle
Signatory's Position: Attorney of Record, New York and New Jersey Bar Member
RAM Sale Number: 87287410
RAM Accounting Date: 01/03/2017

Serial Number: 87287410
Internet Transmission Date: Tue Jan 03 10:06:52 EST 2017
TEAS Stamp: USPTO/BAS-XXX.XXX.X.X-201701031006527063
25-87287410-57098cd350f065b2eb9f9ef0929e
f4a72240bd1c2e74819ebb5ff0101bc88ee2-CC-
18297-20170103095219819945