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: 88481269

Filing Date: 06/20/2019

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark)
The color(s) red and brown is/are claimed as a feature of the mark. The mark consists of a stylized design in the shape of a red and brown star.
The applicant, H. Lundbeck A/S, a aktieselskab (a/s) legally organized under the laws of Denmark, having an address of
      Ottiliavej 9
      Valby 2500
      Denmark

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 010:  Surgical and medical apparatus and instruments; devices, syringes and needles for injections and medical purposes; apparatus and instruments for diagnostic purposes; apparatus and instruments for use with diagnosing, managing, surveying, assessing, controlling and examining psychological and neurological disorders and diseases, dementia, Alzheimer's disorder and disease, dizziness, seizures, stroke, depression, cognitive impairment, cognitive disorders and diseases, mood disorders, psychosis, anxiety, apathy, epilepsy, Lennox-Gastaut syndrome (LGS), sclerosis, porphyria, Huntington's disorder and disease, insomnia, Parkinson's disorder and disease, falls, movement disorders and diseases, dyskinesia, poor or absent motor functions, tremor, schizophrenia, bipolar disorder and disease, mania, ADHD, PTSD, agitation, aggression, autism, melancholy, OCD, Tourette's syndrome, progressive supranuclear palsy (PSP), restlessness, akathisia, fatigue, somnolence, nausea, cancer, migraine, pain, alcoholism and dependency; integrated medical systems for use with computer software containing medical instruments and software for information and information management for use of a Web-based physical and psychological and neurological examination and assessment of patients and clients; integrated medical instruments for managing, measuring, surveying assessing, controlling, collecting, storing, transmitting and examining patient and client data and information picked up by the medical system; medical instruments for information, guidance, managing and dealing with medicines.

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 Denmark application number VA 2018 02835, filed 12/21/2018.
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:
      Claudia A. Smith and Stefan Mentzer and Alexander Reid of White & Case LLP
      Trademark Department
      1221 Avenue of the Americas
      New York, New York 10020
      United States
      212-819-8200(phone)
      212-354-8113(fax)
      trademarkdocket@whitecase.com (authorized)
The attorney docket/reference number is 1101391newst.

The applicant hereby appoints Claudia A. Smith of White & Case LLP
      Trademark Department
      1221 Avenue of the Americas
      New York New York 10020
      United States
      212-819-8200(phone)
      212-354-8113(fax)
      trademarkdocket@whitecase.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:

Claudia A. Smith

White & Case LLP

Trademark Department       1221 Avenue of the Americas

New York, New York 10020

212-819-8200(phone)

212-354-8113(fax)

trademarkdocket@whitecase.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: /Claudia A. Smith/   Date: 06/20/2019
Signatory's Name: Claudia A. Smith
Signatory's Position: Attorney of Record/NY Bar Member
Payment Sale Number: 88481269
Payment Accounting Date: 06/20/2019

Serial Number: 88481269
Internet Transmission Date: Thu Jun 20 10:25:28 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.X-20190620102528669
701-88481269-620a31c06a7be7abd422951bf27
52dd7364e27f78a4154b5878694292e26dad4-DA
-10899-20190620093026937085