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: 97359219

Filing Date: 04/12/2022

To the Commissioner for Trademarks:

MARK: REBYOTA (stylized and/or with design, see mark)
The literal element of the mark consists of REBYOTA. The color(s) orange, blue, grey, blue-grey, and white is/are claimed as a feature of the mark. The mark consists of the stylized wording "REBYOTA," "RE" is in orange and "BYOTA" is in blue. Above the letters "BYO" appears blue circle, partially overlapping a larger orange ring, which in turn partially overlaps an even larger grey ring. An irregular white is superimposed over the blue circle and orange and grey rings, with blue-grey circles of various sizes that are touching or overlapping each other appearing behind the two longest arms of the star. The white space appearing in the drawing is background only and is not claimed as a feature of the mark.
The applicant, Ferring B.V., a limited liability company legally organized under the laws of Netherlands, having an address of
      Polaris Avenue 144
      Hoofddorp 2132JX
      Netherlands
      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 and biopharmaceutical products and preparations
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.

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 Benelux application number 1462728, filed 04/11/2022.
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.


International Class 010:  Medical and surgical apparatus and instruments; drug delivery devices
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.

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 Benelux application number 1462728, filed 04/11/2022.
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.




Miscellaneous Statement
Please insert a space between "2132" and "JX" in the applicant's zip/postal code. The TEAS input does not allow for a space in this field.


The owner's/holder's proposed attorney information: Karen Lim. Other appointed attorneys are And all other attorneys in the firm. Karen Lim of Fross Zelnick Lehrman & Zissu, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      151 West 42nd St., 17th Floor
      New York, New York 10036
      United States
      212-813-5900(phone)
      klim-docket@fzlz.com
The docket/reference number is FRRG 2205670.
Karen Lim 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 Fross Zelnick Lehrman & Zissu, P.C.
      151 West 42nd St., 17th Floor
      New York New York 10036
      United States
      212-813-5900(phone)
      klim-docket@fzlz.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:

Karen Lim

PRIMARY EMAIL FOR CORRESPONDENCE: klim-docket@fzlz.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 $700 has been submitted with the application, representing payment for 2 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: /Rachel Cockburn Buhl/   Date: 04/12/2022
Signatory's Name: Cockburn Buhl, Rachel Mhairi
Signatory's Position: Director, Group Trademarks
Signatory's Phone Number: Not Provided
Signature method: Sent to third party for signature
Payment Sale Number: 97359219
Payment Accounting Date: 04/12/2022

Serial Number: 97359219
Internet Transmission Date: Tue Apr 12 15:46:58 ET 2022
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2022041215465885
6906-97359219-820527b5af81a83978dd347bb1
25c93ef612591a5297dd4ac616b49ccc82b88562
-DA-46584323-20220411150401121547