Application

PTO- 1478

Approved for use through 10/31/2024. 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

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PTO- 1478

Approved for use through 10/31/2024. 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: 97150154

Filing Date: 12/01/2021

To the Commissioner for Trademarks:

MARK: ONTEYA (Standard Characters, see mark)
The literal element of the mark consists of ONTEYA. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Fresenius Kabi AG, a aktiengesellschaft legally organized under the laws of Germany, having an address of
      Else-Kroener-Str. 1
      Bad Homburg 61352
      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 human use for the treatment of neurological diseases and disorders, immunological diseases and disorders, inflammatory diseases and disorders, oncological diseases and disorders and viral infections; pharmaceutical preparations for the treatment of CAR T-cell induced cytokine release syndrome

Priority based on foreign filing: 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 asserts a claim of priority based on Germany application number 018516954, filed 07/19/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.

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 submits a copy of European Union Trademark - EUTM registration number 018516954, and/or proof of renewal, registered 11/05/2021 with a renewal date of __________ and an expiration date of 07/19/2031, and translation thereof, if appropriate.

Original PDF file:
reg-981693779-082057445_. _Onteya_EU_registration_c ertificate_2021-2031.pdf
Converted PDF file(s) (2 pages)
Foreign Registration-1
Foreign Registration-2




The owner's/holder's proposed attorney information: Scott D. Woldow. Scott D. Woldow of Smith, Gambrell & Russell, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Suite 400
      1055 Thomas Jefferson St, NW
      Washington, District of Columbia 20007
      United States
      202-263-4300(phone)
      202-263-4329(fax)
      swoldow@sgrlaw.com
The docket/reference number is 034618.053.
Scott D. Woldow 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 Scott D. Woldow of Smith, Gambrell & Russell, LLP
      1055 Thomas Jefferson St, NW
      Suite 400
      Washington District of Columbia 20007
      United States
      202-263-4300(phone)
      202-263-4329(fax)
      swoldow@sgrlaw.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:

Scott D. Woldow

PRIMARY EMAIL FOR CORRESPONDENCE: swoldow@sgrlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docketing@sgrlaw.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: /SW/   Date: 12/01/2021
Signatory's Name: Scott D. Woldow
Signatory's Position: Attorney of Record, DC Bar Member
Signatory's Phone Number: 202-263-4300
Signature method: Signed directly within the form
Payment Sale Number: 97150154
Payment Accounting Date: 12/01/2021

Serial Number: 97150154
Internet Transmission Date: Wed Dec 01 08:35:42 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20211201083542403
635-97150154-781894a41921b2d8a45d5a63ed9
9b4d771efc2166c0eb15f8ebcdb6bfe126fc8-CC
-35414802-20211201082057445020