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: 88410730

Filing Date: 05/01/2019

To the Commissioner for Trademarks:

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

The literal element of the mark consists of LECTICULA.
The applicant is not claiming color as a feature of the mark. The mark consists of a three-dimensional configuration comprising packaging for the goods comprising a circular and flattened bag connected to an elongated dosing tube with a nozzle tip for dispensing pharmaceutical preparations. The wording "LECTICULA" appears diagonally across the flattened portion of the bag. The broken lines depicting the elongated dosing tube, the nozzle tip and the circular portion of the bag indicate placement of the mark on the goods and are not part of the mark.
The applicant, M & P Pharma AG, a aktiengesellschaft legally organized under the laws of Switzerland, having an address of
      Schynweg 7
      Emmetten 6376
      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 the following:

       International Class 005:  pharmaceutical preparations, medical preparations and healthcare preparations, namely oleogel for nasal application for use of brain acting molecules effecting in the systemic circulation, brain and spinal cord, as well as for trapping airborne particulate matter and preventing respiration of pollutants
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.

       International Class 010:  medical devices, namely, containers, dosage dispensers, and dispensers for administering pharmaceutical, medical and sanitary preparations, all of the foregoing specifically adapted for use in storing and dispensing oleogel for nasal application for use of brain acting molecules and effecting in the systemic circulation, brain and spinal cord, as well as for trapping airborne particulate matter and preventing respiration of pollutants
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.



The applicant's current Attorney Information:
      J. Michael Hurst and J. Michael Hurst, Mark E. Musekamp, Megan M. Johnson, and Keating Muething & Klekamp PLL of Keating Muething & Klekamp PLL      One East Fourth Street, Suite 1400
      Cincinnati, Ohio 45202
      United States
      513-562-1401(phone)
      513-579-6457(fax)
      mhurst@kmklaw.com (authorized)
The attorney docket/reference number is MP4600TM0001.

The applicant hereby appoints J. Michael Hurst of Keating Muething & Klekamp PLL
      One East Fourth Street, Suite 1400
      Cincinnati Ohio 45202
      United States
      513-562-1401(phone)
      513-579-6457(fax)
      mhurst@kmklaw.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:

J. Michael Hurst

Keating Muething & Klekamp PLL

One East Fourth Street, Suite 1400

Cincinnati, Ohio 45202

513-562-1401(phone)

513-579-6457(fax)

mhurst@kmklaw.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 $550 has been submitted with the application, representing payment for 2 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: /j. michael hurst/   Date: 05/01/2019
Signatory's Name: J. Michael Hurst
Signatory's Position: Attorney for Applicant
Payment Sale Number: 88410730
Payment Accounting Date: 05/01/2019

Serial Number: 88410730
Internet Transmission Date: Wed May 01 11:37:21 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.X-20190501113721477
795-88410730-62027fa69a4dba9985d6e97c9d8
fbc315a2bb6bdea615d39f1e57a652c5e194c51-
CC-10891-20190501113212531382