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: 90206756

Filing Date: 09/24/2020

To the Commissioner for Trademarks:

MARK: NUTCRACKER (stylized and/or with design, see mark)
The literal element of the mark consists of NUTCRACKER. The applicant is not claiming color as a feature of the mark. The mark consists of the stylized letters that form the word "NUTCRACKER" with the "A" in a shape of a nutcracker with a molecule in its cavity.
The applicant, Nutcracker Therapeutics, Inc., a corporation of Delaware, having an address of
      5858 Horton Street, Suite 540
      Emeryville, California 94608
      United States
      XXXX

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 044:  Medical services, in particular providing therapy and vaccination approaches for treating and preventing cancer, infectious diseases and immunological diseases; veterinary services, in particular providing therapy and vaccination approaches for treating and preventing cancer, infectious diseases, and immunological diseases; medical, veterinary and pharmaceutical consultation; medical and veterinary diagnostic testing, monitoring and reporting services; providing medical information, consultancy, and advisory services, in particular in the fields of treatment and prevention of immunological diseases, cancer treatment, prevention of cancer, treatment of infectious diseases, and prevention of infectious diseases; Medical services, namely, providing therapies for treating cancer, Medical and pharmaceutical consultation; Medical diagnostic testing, monitoring and reporting services; Genetic testing for medical purposes
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 owner's/holder's proposed attorney information: Susan E. Farley. Other appointed attorneys are Applicant hereby appoints all practitioners associated with Customer No. 23405 to prosecute this application and transact all business in the U.S. Patent and Trademark Office connected therewith.. Susan E. Farley of Heslin Rothenberg Farley & Mesiti P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      5 Columbia Circle
      Albany, New York 12203
      United States
      518-452-5600(phone)
      518-452-5579(fax)
      dock@hrfmlaw.com
The docket/reference number is 5930.102E.
Susan E. Farley 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:

Susan E. Farley

PRIMARY EMAIL FOR CORRESPONDENCE: dock@hrfmlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Susan.Farley@hrfmlaw.com; Noreen.Pettalino@hrfmlaw.com; Sandy.OBrien@hrfmlaw.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 $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 and was in use in commerce as of the filing date of the application 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 was used on or in connection with the goods/services in the application as of the application filing date; 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 and had a bona fide intention to use the mark in commerce as of the application filing date 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: /Bruce Wu/   Date: 09/24/2020
Signatory's Name: Bruce Wu
Signatory's Position: VP, IP
Payment Sale Number: 90206756
Payment Accounting Date: 09/24/2020

Serial Number: 90206756
Internet Transmission Date: Thu Sep 24 12:18:30 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2020092412183051
8046-90206756-750d9cada5feea857b43394964
e33d0213f7ef4cf9392269dc1bbaecaf248c597f
6-DA-18304190-20200924072252012682