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: 97753914

Filing Date: 01/13/2023

To the Commissioner for Trademarks:

MARK: Auvelity On My Side (Standard Characters, see mark)
The literal element of the mark consists of Auvelity On My Side. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Axsome Therapeutics, Inc., a corporation of Delaware, having an address of
      22 Cortlandt Street, 16th Floor
      New York, New York 10007
      United States
      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 036:  Management of pharmacy benefit programs featuring a medical benefit co-pay card; Financial administration of patient assistance eligibility programs featuring a pharmacy benefit co-pay card; providing financial assistance in the form of prepaid co-pay cards to patients for medical benefits

In International Class 036, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 08/19/2022, and first used in commerce at least as early as 08/19/2022, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Promotional materials/website screenshots.
Specimen File1
Specimen File2
Webpage URL: http://www.auvelity.com/auvelity-on-my-side
Webpage Date of Access: 01/13/2023
Webpage URL: http://www.auvelity.com/savings-card
Webpage Date of Access: 01/13/2023



The owner's/holder's proposed attorney information: Rachel Jacques. Rachel Jacques of Maschoff Brennan, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      1389 Center Drive, Suite 300
      Park City, Utah 84098
      United States
      435-252-1360(phone)
      4352521361(fax)
      rjacques@mabr.com
The docket/reference number is A3225.82945U.
Rachel Jacques 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:

Rachel Jacques

PRIMARY EMAIL FOR CORRESPONDENCE: rjacques@mabr.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@mabr.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: /Hunter Murdock/   Date: 01/13/2023
Signatory's Name: Hunter Murdock
Signatory's Position: General Counsel
Signatory's Phone Number: 917-208-9606
Signature method: Sent to third party for signature
Payment Sale Number: 97753914
Payment Accounting Date: 01/13/2023

Serial Number: 97753914
Internet Transmission Date: Fri Jan 13 15:36:37 ET 2023
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XXX-202301131536387
26437-97753914-8602b87b5306b3f9177395f44
5ab6ff25990d86d283d1231571416e7ec53e9b3-
CC-36373527-20230113131443996275