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: 88822399

Filing Date: 03/05/020

To the Commissioner for Trademarks:

MARK: ICE (Standard Characters, see mark)
The literal element of the mark consists of ICE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Affimed GmbH, a gesellschaft mit beschränkter haftung (gmbh) legally organized under the laws of Germany, having an address of
      Technologiepark
      Im Neuenheimer Feld 582
      Heidelberg 69120
      Germany
      trademark@affimed.com

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 001:  Biological and biochemical preparations, in particular in form of antibodies, antibody derivatives, binding proteins and peptides for laboratory and experimentation purposes, in particular for conducting experimental assays, other than for medical or veterinary purposes

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 European Union Trademark - EUTM application number 018188190, filed 01/28/2020.
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.


International Class 005:  Pharmaceutical and veterinary preparations; biological and biochemical preparations in form of antibodies, antibody derivatives, binding proteins and peptides for medical or veterinary purposes; biological and biochemical preparations in form of bifunctional or multifunctional proteins with binding affinity to immune cells, in particular with binding affinity to T cells and natural killer (NK) cells, in particular for the subsequent targeting of cancer cells; biological and biochemical preparations for diagnostic and therapeutic use, in particular in form of antibodies, antibody derivatives, binding proteins and peptides; biological and biochemical preparations in form of antibodies, antibody derivatives, binding proteins and peptides for use within the framework of experimental and medical or veterinary assays

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 European Union Trademark - EUTM application number 018188190, filed 01/28/2020.
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.


International Class 042:  Scientific and technological services, research and design in the field of immuno-therapy, in particular in the field of immuno-oncology; scientific and technological services, research and design in the field of virology; scientific and technological services, research and design in the field of antiinfectives; scientific and technological services, research and design in the field of neurodegenerative diseases; scientific and technological services, research and design in the field of autoimmune diseases; in particular all of the aforesaid services related to the use of antibodies, antibody derivatives, binding proteins and peptides; scientific and technological services, research and design in the field of immunotherapy by means of activating or modulating innate and adaptive immunity, in particular in the field of immune-oncology; industrial analysis and research services

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 European Union Trademark - EUTM application number 018188190, filed 01/28/2020.
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.


International Class 044:  Medical services, in particular in the field of immunotherapy, in particular in the field of immuno-oncology; medical services in the field of virology; medical services in the field of antiinfectives; medical services in the field of neurodegenerative diseases; medical services in the field of autoimmune diseases; in particular all of the aforesaid services related to the use of antibodies, antibody derivatives, binding proteins and peptides; medical services in the field of immunotherapy by means of activating or modulating innate and adaptive immunity, in particular in the field of immuno-oncology

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 European Union Trademark - EUTM application number 018188190, filed 01/28/2020.
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 owner's/holder's proposed attorney information: Shauna M. Wertheim. Other appointed attorneys are Margaret C. Jaffe. Shauna M. Wertheim of The Marbury Law Group, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      15th Floor
      11800 Sunrise Valley Drive
      Reston, Virginia 20191
      United States
      571-267-7002(phone)
      703-391-2901(fax)
      swertheim@marburylaw.com
The docket/reference number is 8167-003T.
Shauna M. Wertheim submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.

The applicant's current Correspondence Information:

Shauna M. Wertheim

PRIMARY EMAIL FOR CORRESPONDENCE: swertheim@marburylaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tm-docketing@marburylaw.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 $1100 has been submitted with the application, representing payment for 4 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: /Shauna M. Wertheim/   Date: 03/05/2020
Signatory's Name: Shauna M. Wertheim
Signatory's Position: Attorney of record, Virginia State Bar member
Payment Sale Number: 88822399
Payment Accounting Date: 03/05/2020

Serial Number: 88822399
Internet Transmission Date: Thu Mar 05 14:03:52 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2020030514035247
0679-88822399-7106a92b09a336d3b378b6d147
4406d97ff262a4f2778eca9c388393184d667-CC
-03513501-20200305134415115680