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: 88277752

Filing Date: 01/26/2019

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark)
The color(s) blue is/are claimed as a feature of the mark. The mark consists of a 4-sided blue shape where one of the sides is a concave curve, and the bottom side is longer than the top side. There are small, rounded squares with rounded points on each side of the squares overlaying the top two thirds of the shape.
The applicant, HISAMITSU PHARMACEUTICAL CO., INC., a corporation of Japan, having an address of
      408, Tashirodaikan-machi,
      Tosu-shi, Saga 841-0017
      Japan

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 antipsychotic preparations; pharmaceutical preparations for the treatment of central nervous system diseases and disorders; pharmaceutical preparations for the treatment of schizophrenia.
Intent to Use: 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.

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 Japan application number 2019-009907, filed 01/16/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.




The applicant's current Attorney Information:
      Scott S. Havlick and Scott S. Havlick; Andrea L. Anderson; Ester Martín, Andrew A. Roppel; Larry H. Tronco; Kazuyo Morita; Matt Horlacher; Betsy Bengtson; Hope I. Hamilton; Madelon Lapidus, Amanda Marston, Jeffrey Larson, Amy J. Tindell, and Kent T. Dallow of Holland & Hart LLP of Holland & Hart LLP
      Attn: Trademark Docketing
      P.O. Box 8749
      Denver, Colorado 80201
      United States
      303-473-2710(phone)
      303-473-2720(fax)
      docket@hollandhart.com (authorized)
The attorney docket/reference number is 41961.0208.

The applicant hereby appoints Scott S. Havlick of Holland & Hart LLP
      Attn: Trademark Docketing
      P.O. Box 8749
      Denver Colorado 80201
      United States
      303-473-2710(phone)
      303-473-2720(fax)
      docket@hollandhart.com (authorized)
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Scott S. Havlick

Holland & Hart LLP

Attn: Trademark Docketing       P.O. Box 8749

Denver, Colorado 80201

303-473-2710(phone)

303-473-2720(fax)

docket@hollandhart.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: /Scott Havlick/   Date: 01/26/2019
Signatory's Name: Scott S. Havlick
Signatory's Position: Attorney of Record, Colorado Bar Member
Payment Sale Number: 88277752
Payment Accounting Date: 01/28/2019

Serial Number: 88277752
Internet Transmission Date: Sat Jan 26 14:22:28 EST 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2019012614222858
2329-88277752-620c24523cdd2377ad45b50868
9cd5e9e40fa528347b3efe0ad39658efeb435319
1-DA-11009-20190126142111191381