TEAS Plus 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)

---

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

TEAS Plus Application

Serial Number: 88406770

Filing Date: 04/29/2019

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark)
The applicant is not claiming color as a feature of the mark. The mark consists of a configuration of a medical device, namely, an inhaler with an overall rounded shape featuring an indented mouthpiece on the top side with an overall semi-circular shape. The inhaler also features an exterior movable closure with an overall triangular shape, which rests towards the bottom and side of the inhaler when the inhaler is opened. The indented mouthpiece is not claimed as a feature of the mark.
The applicant, Glaxo Group Limited, a private company limited by shares (prc) legally organized under the laws of England, having an address of
      980 Great West Road
      Brentford, Middlesex TW89GS
      England

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:

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 005:  Inhalers filled with pharmaceutical preparations for the treatment and alleviation of respiratory disorders

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 005, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 10/31/2013, and first used in commerce at least as early as 10/31/2013, 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) Photo image of actual packaging bearing the device.
Specimen File1



SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


The applicant's current Attorney Information:
      Christopher M. Hanes and Terence A. Dixon and Merilee J. Arevalo of GSK
      LBP, 5.5A
      5 Moore Drive
      Research Triangle Park, North Carolina 27709-3398
      United States
      919-483-2723(phone)
      919-315-3023(fax)
      trademarks@gsk.com (authorized)
The attorney docket/reference number is 82774941.

The applicant's current Correspondence Information:

Christopher M. Hanes

GSK

LBP, 5.5A       5 Moore Drive

Research Triangle Park, North Carolina 27709-3398

919-483-2723(phone)

919-315-3023(fax)

trademarks@gsk.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or 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 Plus 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 $225 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: /Christopher M. Hanes/   Date: 04/29/2019
Signatory's Name: Christopher M. Hanes
Signatory's Position: Attorney of record, North Carolina bar member
Signatory's Phone Number: 919-483-2723
Payment Sale Number: 88406770
Payment Accounting Date: 04/29/2019

Serial Number: 88406770
Internet Transmission Date: Mon Apr 29 11:51:31 EDT 2019
TEAS Stamp: USPTO/FTK-XXX.XX.XX.X-201904291151315987
37-88406770-620c195a428f57a188dab2bf8311
d5f8f4f596d1878d581b2cd26dbb63fcecf1c3-D
A-11407-20190428130715742237