Amendment to Allege Use

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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

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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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

Trademark/Service Mark Amendment to Allege Use
(15 U.S.C. Section 1051(c))

To the Commissioner for Trademarks:
MARK: XENLETA (Stylized and/or with Design, see http://uspto.report/TM/88503355/mark.png)
SERIAL NUMBER: 88503355


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Nabriva Therapeutics US, Inc., having an address of
      1000 Continental Drive, Suite 600
      King of Prussia, Pennsylvania 19406
      United States
Proposed: Nabriva Therapeutics US, Inc., having an address of
      1000 Continental Drive, Suite 600
      King of Prussia, Pennsylvania 19406
      United States
      Phone:
      Email: Robert.Hrubiec@Nabriva.com

The owner is submitting the following allegation of use information:

For International Class 005:
Current identification: Pharmaceutical preparations for treating respiratory illnesses; antibiotics; anti-infectives; pharmaceutical preparations for the treatment of pneumonia and bacterial infections

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 09/00/2019, and first used in commerce at least as early as 09/00/2019, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Image showing use of the mark in connection with the goods.
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form. Correspondence Information (current):
      Jeffrey H. Greene
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@cooley.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 331564-20031.
Correspondence Information (proposed):
      Jeffrey H. Greene
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@cooley.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): vcaba@cooley.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.


Declaration

	The signatory believes that the applicant is the owner of the mark sought to be registered. For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified. For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization 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.

Signature: /Robert Crotty/      Date Signed: 02/19/2020
Signatory's Name: Crotty, Robert
Signatory's Position: General Counsel
Signatory's Phone: 2124796000

RAM Sale Number: 88503355
RAM Accounting Date: 02/19/2020

Serial Number: 88503355
Internet Transmission Date: Wed Feb 19 10:41:50 ET 2020
TEAS Stamp: USPTO/AAU-XXX.XXX.XX.X-20200219104150960
778-88503355-71085c9f0519fa5ae72353e18e3
936c7238699d7ee16302225bd84395a9dc477-DA
-41506266-20200218223214635312