PTO- 2301 |
Approved for use through 03/31/2024. OMB 0651-0054 |
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 |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 97037862 |
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. |
MARK SECTION | |
LITERAL ELEMENT | SPIKEVAX |
STANDARD CHARACTERS | NO |
USPTO-GENERATED IMAGE | NO |
OWNER SECTION (current) | |
NAME | ModernaTx, Inc. |
MAILING ADDRESS | 200 Technology Square, 2nd Floor |
CITY | Cambridge |
STATE | Massachusetts |
ZIP/POSTAL CODE | 02139 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
PHONE | 202-626-6433 |
FAX | 877-769-7945 |
XXXX | |
OWNER SECTION (proposed) | |
NAME | ModernaTx, Inc. |
MAILING ADDRESS | 200 Technology Square, 2nd Floor |
CITY | Cambridge |
STATE | Massachusetts |
ZIP/POSTAL CODE | 02139 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
PHONE | 202-626-6433 |
FAX | 877-769-7945 |
XXXX | |
EXPLANATION OF FILING | |
Applicant has received FDA "emergency use authorization" for its covid-19 vaccine, pursuant to Section 564 of the Federal Food, Drug, and Cosmetic Act (the FD&C Act or the Act) (21 U.S.C. 360bbb-3). The mark in the application at issue will be applied to the vaccine. Prompt registration will help to combat counterfeit goods. | |
EVIDENCE SECTION | |
EVIDENCE FILE NAME(S) | |
ORIGINAL PDF FILE | evi_502375933-102758184_. _FDA_EUA_letter.pdf |
CONVERTED PDF FILE(S) (9 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\970\378\97037862\xml2\ PDR0002.JPG |
\\TICRS\EXPORT18\IMAGEOUT 18\970\378\97037862\xml2\ PDR0003.JPG | |
\\TICRS\EXPORT18\IMAGEOUT 18\970\378\97037862\xml2\ PDR0004.JPG | |
\\TICRS\EXPORT18\IMAGEOUT 18\970\378\97037862\xml2\ PDR0005.JPG | |
\\TICRS\EXPORT18\IMAGEOUT 18\970\378\97037862\xml2\ PDR0006.JPG | |
\\TICRS\EXPORT18\IMAGEOUT 18\970\378\97037862\xml2\ PDR0007.JPG | |
\\TICRS\EXPORT18\IMAGEOUT 18\970\378\97037862\xml2\ PDR0008.JPG | |
\\TICRS\EXPORT18\IMAGEOUT 18\970\378\97037862\xml2\ PDR0009.JPG | |
\\TICRS\EXPORT18\IMAGEOUT 18\970\378\97037862\xml2\ PDR0010.JPG | |
CORRESPONDENCE INFORMATION (current) | |
NAME | KEITH BARRITT |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | tmdoctc@fr.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | webber@fr.com; barritt@fr.com |
DOCKET/REFERENCE NUMBER | 425470135001 |
CORRESPONDENCE INFORMATION (proposed) | |
NAME | Keith Barritt |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | tmdoctc@fr.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | webber@fr.com; barritt@fr.com |
DOCKET/REFERENCE NUMBER | 425470135001 |
PAYMENT SECTION | |
TOTAL FEES DUE | 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 SECTION | |
DECLARATION SIGNATURE | /Keith Barritt/ |
SIGNATORY'S NAME | Keith Barritt |
SIGNATORY'S POSITION | attorney of record, Virginia bar member |
SIGNATORY'S PHONE NUMBER | 202-626-6433 |
DATE SIGNED | 09/27/2021 |
SIGNATURE METHOD | Signed directly within the form |
PETITION SIGNATURE | /Keith Barritt/ |
SIGNATORY'S NAME | Keith Barritt |
SIGNATORY'S POSITION | attorney of record, Virgnia bar member |
SIGNATORY'S PHONE NUMBER | 202-626-6433 |
DATE SIGNED | 09/27/2021 |
ROLE OF AUTHORIZED SIGNATORY | Authorized U.S.-Licensed Attorney |
SIGNATURE METHOD | Signed directly within the form |
FILING INFORMATION SECTION | |
SUBMIT DATE | Mon Sep 27 10:36:08 ET 2021 |
TEAS STAMP | USPTO/PGP-XX.XXX.XX.XX-20 210927103608843611-970378 62-7812958c7a16c457eb05d4 4e87b9b8d7adfdf861a7bf9e8 abfa9a266f97a1e6733d-N/A- N/A-20210927102758184942 |
PTO- 2301 |
Approved for use through 03/31/2024. OMB 0651-0054 |
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 |
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.