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 02/28/2021)

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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 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88058147

Filing Date: 07/30/2018

To the Commissioner for Trademarks:

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

The literal element of the mark consists of BAXDELA.
The mark consists of patterns of three circles from outer being largest to inner being smallest and forming a circular shape to the left of the word "BAXDELA".
The applicant, Melinta Subsidiary Corp., a corporation of Delaware, having an address of
      300 George Street, Suite 301
      New Haven, Connecticut 06511
      United States

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:  Antibiotic preparations

In International Class 005, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 01/03/2018, and first used in commerce at least as early as 01/03/2018, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) photograph of product in packaging.
Specimen File1
Specimen File2



The applicant's current Attorney Information:
      Heather Schneider and Eugene Chang, Spencer Simon, Kim Walker, Matthew Makover, Andrea de Vos, Max Goodman, Brandon Coyle, Sabrina Hasan, Shoshana Schoenfeld of Willkie Farr & Gallagher LLP      787 Seventh Avenue
      New York, New York 10019
      United States
      212-728-8000(phone)
      212 728 8111(fax)
      ipdept@willkie.com (authorized)

The applicant's current Correspondence Information:

Heather Schneider

Willkie Farr & Gallagher LLP

787 Seventh Avenue

New York, New York 10019

212-728-8000(phone)

212 728 8111(fax)

ipdept@willkie.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. 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 the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 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

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use 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 To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	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.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	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 submission 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: /heatherschneider/   Date: 07/30/2018
Signatory's Name: Heather Schneider
Signatory's Position: Attorney for Applicant, NY Bar Member
Payment Sale Number: 88058147
Payment Accounting Date: 07/31/2018

Serial Number: 88058147
Internet Transmission Date: Mon Jul 30 16:23:01 EDT 2018
TEAS Stamp: USPTO/BAS-X.XX.XX.XXX-201807301623016992
27-88058147-6108b6a55103ecefa26b14e39949
b3a693c237038652ac3a7d8e462dc42ce39a6-DA
-3287-20180730152935390486