Application

PTO- 1478

Approved for use through 09/30/2021. 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 09/30/2021. 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: 97044899

Filing Date: 09/24/2021

To the Commissioner for Trademarks:

MARK: 82 (stylized and/or with design, see mark)
The literal element of the mark consists of 82. The color(s) orange/dark orange and white is/are claimed as a feature of the mark. The mark consists of a design element consisting of two side-by-side circles representing tablets, half in white and half in orange/dark orange, superimposed over an oblong shape in white representing a capsule appearing above the number "82" also in white, which are both imprinted on an oblong capsule that is orange/dark orange in color. The broken lines depicting the shape of the capsule indicate placement of the mark on the goods. The capsule shape, depicted in broken lines, alone or separate from the other elements, is not claimed.
The applicant, Merck Sharp & Dohme Corp., a corporation of New Jersey, having an address of
      Office of General Counsel
      One Merck Drive
      Whitehouse Station, New Jersey 08889
      United States
      732-594-5760(fax)
      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 infectious diseases; antivirals; anti-infectives
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.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 2274462 and 5885773.


The owner's/holder's proposed attorney information: Amy C. Van Eepoel. Other appointed attorneys are Lisa Jakob, Lisa M. Dellamura. Amy C. Van Eepoel of Merck & Co., Inc., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Office of General Counsel
      126 East Lincoln Avenue
      Rahway, New Jersey 07065
      United States
      732-594-4077(phone)
      732-594-5760(fax)
      amy.van.eepoel@merck.com

Amy C. Van Eepoel 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:

Amy C. Van Eepoel

PRIMARY EMAIL FOR CORRESPONDENCE: amy.van.eepoel@merck.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Trademarkus@merck.com; kelly_panno@merck.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 $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: /Jessica E. Stehr/   Date: 09/24/2021
Signatory's Name: Jessica E. Stehr
Signatory's Position: Executive Director, Global Marketing
Signatory's Phone Number: Not Provided
Signature method: Sent to third party for signature
Payment Sale Number: 97044899
Payment Accounting Date: 09/24/2021

Serial Number: 97044899
Internet Transmission Date: Fri Sep 24 22:33:35 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XXX-2021092422333550
1671-97044899-781f060b53dc298a1ed87f408d
1d98a5b0bc61afeb45dc3013ab39762ff78074b5
-DA-33352065-20210924221726611709