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: 88503355

Filing Date: 07/08/2019

To the Commissioner for Trademarks:

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

The literal element of the mark consists of XENLETA.
The mark consists of two overlapping squares followed by the word "Xenleta" with the "X" in upper case font.
The applicant, Nabriva Therapeutics US, Inc., a corporation of Delaware, having an address of
      1000 Continental Drive, Suite 600
      King of Prussia, Pennsylvania 19406
      United States

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 for treating respiratory illnesses; antibiotics; anti-infectives; pharmaceutical preparations for the treatment of pneumonia and bacterial infections
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:
      Karen K. Won and Brian Focarino, Bobby A. Ghajar, Colette A. Ghazarian, Rebecca Givner-Forbes, Shannan Higgins, Ariana G. Hiscott, Brendan J. Hughes, Rose Mendenhall Kautz, Judd D. Lauter, Lori A. Levine, John Paul Oleksiuk, Anne H. Peck, Marcus D. Peterson, Elisa Rosen, Dina Roumiantseva, Shane Rumbaugh, Jane van Benten of Cooley LLP      1299 Pennsylvannia Avenue, NW, Ste. 700
      Washington, District of Columbia 20004
      United States
      212-479-6000(phone)
      212-479-6275(fax)
      trademarks@cooley.com (authorized)
The attorney docket/reference number is 331564-20000.

The applicant's current Correspondence Information:

Karen K. Won

Cooley LLP

1299 Pennsylvannia Avenue, NW, Ste. 700

Washington, District of Columbia 20004

212-479-6000(phone)

212-479-6275(fax)

trademarks@cooley.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: /Robert Crotty/   Date: 07/08/2019
Signatory's Name: Robert Crotty
Signatory's Position: General Counsel
Payment Sale Number: 88503355
Payment Accounting Date: 07/08/2019

Serial Number: 88503355
Internet Transmission Date: Mon Jul 08 10:10:05 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2019070810100561
3993-88503355-620433f28e2c74ccc0bbe07bae
5265aa10dde41547d8d7b868d459275b4a25741c
-DA-6179-20190703171547859371