Application

PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

---

PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

Serial Number: 90473829

Filing Date: 01/19/2021

To the Commissioner for Trademarks:

MARK: PENCYLCAP (Standard Characters, see mark)
The literal element of the mark consists of PENCYLCAP. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, MERCK KGAA, a kommanditgesellschaft auf aktien (kgaa) legally organized under the laws of Germany, having an address of
      Frankfurter Strasse 250
      D-64293 Darmstadt F128/002
      Germany
      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 005:  Pharmaceutical preparations for the treatment of infertility; needles for medical use; syringes for injections; pre-filled injectors for medical purposes; needles for use with pharmaceutical injectors, syringes for injections and medical purposes; medical apparatus and instruments
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.
Based on Foreign Registration: 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 will submit a copy of Germany registration number 302013018767, and/or proof of renewal, registered 03/14/2013 with a renewal date of __________ and an expiration date of __________, and translation thereof, if appropriate.



The owner's/holder's proposed attorney information: William C. Wright. Other appointed attorneys are Annmary Ittan, Samuel T. Kilb, Kimberly A. Klibert, Dwana Dixon, and Jesse R. Bader. William C. Wright of Epstein Drangel LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      60 East 42nd Street, Suite 2520
      New York, New York 10165
      United States
      212-292-5390(phone)
      mail@ipcounselors.com

William C. Wright 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 hereby appoints Epstein Drangel LLP
      60 East 42nd Street, Suite 2520
      New York New York 10165
      United States
      212-292-5390(phone)
      mail@ipcounselors.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

William C. Wright

PRIMARY EMAIL FOR CORRESPONDENCE: mail@ipcounselors.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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 $350 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: Not Provided    Date: Not Provided
Signatory's Name: Not Provided
Signatory's Position: Not Provided
Signatory's Phone Number: Not Provided
Payment Sale Number: 90473829
Payment Accounting Date: 01/19/2021

Serial Number: 90473829
Internet Transmission Date: Tue Jan 19 10:36:32 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202101191036325
41929-90473829-760f8272494cf64fe4f973e76
e5d0c2e87064568a48785d50ec34c1c24190134-
CC-36311756-20210119101841114587