Petition to Director Received

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 2301 (Rev 02/2020)

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 2301 (Rev 02/2020)

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

Petition to Director

To the Commissioner for Trademarks:

Application serial no. 90247367 SPIKEVAX(Standard Characters, see http://uspto.report/TM/90247367/mark.png) has been amended as follows: PETITION
Petition Statement
I am filing a petition to request expedited assignment to an examining attorney for certain COVID-19 medical-related goods/services OR a problem occurred while making a fee payment using FPNG or Pay.gov.

EXPLANATION OF FILING
The goods covered by the application are "vaccines," which are vaccines for Covid-19. These are core goods covered by the policy for prioritized examination. There has been much press coverage of the Applicant's efforts to develop a Covid-19 vaccine (see enclosure). Vaccines are regulated by the FDA under 21 CFR 600 - 680.

EVIDENCE

Original PDF file:
evi_502375933-091339304_. _covid-19_clinical_trials.pdf
Converted PDF file(s) ( 5 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5

OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: ModernaTx, Inc., a corporation of Delaware, having an address of
      200 Technology Square, 2nd Floor
      Cambridge, Massachusetts 02139
      United States
      Email Address: XXXX

Proposed: ModernaTx, Inc., a corporation of Delaware, having an address of
      200 Technology Square, 2nd Floor
      Cambridge, Massachusetts 02139
      United States
      Email Address: XXXX
Correspondence Information (current):
      KEITH BARRITT
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdoctc@fr.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ecote@fr.com; barritt@fr.com

The docket/reference number is 425470108001.
Correspondence Information (proposed):
      Keith Barritt
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdoctc@fr.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): webber@fr.com; barritt@fr.com

The docket/reference number is 425470108001.

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


The undersigned has elected not to submit a fee payment for the class(es), believing no fee payment is required under the Trademark Rules of Practice, but acknowledges that a fee may later be required by a USPTO employee at the time the petition is reviewed.
SIGNATURE(S)
Declaration Signature

DECLARATION: 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, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the 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 or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, 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. 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.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; 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; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage 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. 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.

Signature: /Keith Barritt/      Date: 10/21/2020
Signatory's Name: Keith Barritt
Signatory's Position: attorney of record, Virginia bar member
Signatory's Phone Number: 202-626-6433



Signature: /Keith Barritt/     Date: 10/21/2020
Signatory's Name: Keith Barritt
Signatory's Position: attorney of record, Virgnia bar member

Signatory's Phone Number: 202-626-6433

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the petitioner's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the petitioner in this matter: the petitioner has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal; the petitioner has filed a power of attorney appointing him/her in this matter; or the petitioner's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    KEITH BARRITT
   FISH & RICHARDSON P.C.
   
   P.O. BOX 1022
   MINNEAPOLIS, Minnesota 55440-1022
Mailing Address:    Keith Barritt
   FISH & RICHARDSON P.C.
   P.O. BOX 1022
   MINNEAPOLIS, Minnesota 55440-1022
        
RAM Sale Number:
RAM Accounting Date:
        
Serial Number: 90247367
Internet Transmission Date: Wed Oct 21 09:18:08 ET 2020
TEAS Stamp: USPTO/PGP-XX.XXX.XX.XX-20201021091808810
184-90247367-750cca52e311743b17fa2efa627
6ad02bd2312c73e6860f8858888ff2e342263-N/
A-N/A-20201021091339304931