Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1304937
`08/21/2023
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`
`Opposer information
`
`Name
`
`Merck Sharp & Dohme LLC
`
`Granted to date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`08/20/2023
`
`126 EAST LINCOLN AVENUE
`RAHWAY, NJ 07065
`UNITED STATES
`
`CHRISTINA S. LOZA
`LOZA & LOZA, LLP
`305 N. SECOND AVE., #127
`UPLAND, CA 91786
`UNITED STATES
`Primary email: tina-pto@lozaip.com
`949-705-6777
`
`Docket no.
`
`MK-402
`
`Applicant information
`
`Application no.
`
`90784943
`
`Publication date
`
`02/21/2023
`
`Opposition filing
`date
`
`International re-
`gistration no.
`
`Applicant
`
`08/21/2023
`
`NONE
`
`VERAXA BIOTECH GMBH
`MEYERHOFSTRASSE 1
`HEIDELBERG, 69117
`GERMANY
`
`Goods/services affected by opposition
`
`Opposition period
`ends
`
`International re-
`gistration date
`
`08/20/2023
`
`NONE
`
`Class 001. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Antibodies and the chemical modifications
`and conjugates thereof for medical research purposes and medical laboratory tests for medical re-
`search purposes; Immunoglobulins for medical research use; Structural proteins in the nature of pro-
`teins in raw material form and protein arrays for medical research purposes
`
`Class 005. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Antibodies and the chemical modifications
`and conjugates thereof for medical diagnosis and treatment purposes and medical laboratory tests
`for medical diagnosis and treatment purposes; Immunoglobulins for medical use for the treatment
`and prevention of disease; Vaccines; Structural proteins in the nature of proteins in raw material form
`and protein arrays for medical diagnosis and treatment purposes; Veterinary preparations, namely,
`anti-cancer medication, anti-inflammatory medication, anti-pain medication in cream, powder, tablet
`
`

`

`and injectable form; Medical preparations, namely, diagnostic preparations, therapeutic preparations
`for medical use in the nature of anti-cancer medication, anti-inflammatory medication, anti-pain med-
`ication in cream, powder, tablet and injectable form; Pharmaceutical preparations, namely, anti-
`cancer preparations, anti-inflammatory preparations, anti-pain preparations, metabolic preparations
`for treating diabetes and obesity in cream, powder, tablet, and injectable form
`
`Class 009. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Opto-electronic apparatus and instruments
`and downloadable and recorded computer software and microfluid chips for conducting antibody,
`peptide or high-throughput active agent search with small inorganic or organic molecules for scientific
`research purposes
`
`Class 010. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Medical opto-electronic apparatus and in-
`struments for conducting antibody, peptide or high-throughput active agent search with small inorgan-
`ic or organic molecules for medical diagnosis and treatment purposes
`
`Class 042. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Scientific research conducted using high-
`throughput active agent search and bioinformatics methods; Drug discovery services; Research and
`testing services in the field of antibody active agent search services for scientific research purposes;
`Research, testing, and development services in the field of antibody modification and conjugate ser-
`vices for scientific research purposes; Research and testing services in the field of vaccine search
`services for scientific research purposes
`
`Class 044. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Medical services; Medical diagnosis tests,
`monitoring and reporting and medical screening services in the nature of medical active agent search
`services; Medical screening services in the nature of medical combing and medical active agent
`search of antibodies originating from patients; Personal medical information services
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Dilution by blurring
`
`Trademark Act Sections 2 and 43(c)
`
`Mark cited by opposer as basis for opposition
`
`U.S. registration
`no.
`
`4744146
`
`Register
`
`Principal
`
`Registration date
`
`05/26/2015
`
`Application date
`
`04/15/2013
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`ZERBAXA
`
`NONE
`
`Class 005. First use: First Use: Dec 22, 2014 First Use In Commerce: Dec 22,
`2014
`Pharmaceutical preparations, namely, antibiotics
`
`Attachments
`
`MK-402 - VERAXA - Notice of Opposition - 8.21.2023.pdf(159490 bytes )
`MK-402 - VERAXA - Exhibit A.pdf(84832 bytes )
`
`Signature
`
`/Christina S. Loza/
`
`Name
`
`Date
`
`CHRISTINA S. LOZA
`
`08/21/2023
`
`

`

`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`In the Matter of Serial No. 90/784,943
`Mark: VERAXA
`
`
`
`
`Opposition No.
`
`Opposer,
`
`Applicant.
`
`
`MERCK SHARP & DOHME LLC,
`
`
`v.
`
`VERAXA BIOTECH GMBH,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`NOTICE OF OPPOSITION
`
`Merck Sharp & Dohme LLC, a New Jersey corporation having a business address at 126
`
`East Lincoln Ave., Rahway,, New Jersey 07065 (hereinafter “Opposer”), by and through its
`
`undersigned counsel, believes it will be damaged by the registration of the mark VERAXA (the
`
`“VERAXA Mark”), which is the subject of Application Serial No. 90/784,943 (the “Application”),
`
`filed with the United States Patent and Trademark Office on June 21, 2021, by VERAXA
`
`BIOTECH GMBH, a Gesellschaft Mit Beschränkter Haftung (GMBH) organized and existing in
`
`Germany, with an address of Meyerhofstrasse 1, Heidelberg, Germany 69117 (“Applicant”). The
`
`Application was published for opposition in the Official Gazette on February 21, 2023. Timely
`
`requests for extensions of time were filed and granted by the Trademark Trial and Appeal Board.
`
`Opposer requests that the registration of the VERAXA Mark be refused.
`
`As grounds in support of this opposition, Applicant alleges as follows:
`
`1.
`
`For over 130 years, Opposer has been a leading biopharmaceutical company that
`
`brings forward medicines and vaccines for many of the world’s most challenging diseases.
`
`1
`
`

`

`Opposer is engaged in the manufacture, marketing, distribution, and sale of a broad range of
`
`pharmaceutical and veterinary products worldwide.
`
`2.
`
`Since at least December 22, 2014, Opposer, and through its predecessor in interest,
`
`has continuously used the mark ZERBAXA (the “ZERBAXA Mark”) in the United States, and
`
`worldwide, in connection with pharmaceutical preparations, namely, antibiotics.
`
`3.
`
`During this time, Opposer has invested in advertising and promoting the
`
`ZERBAXA Mark in the United States and worldwide.
`
`4.
`
`Opposer owns all right, title, and interest in and to the following U.S. Federal
`
`trademark registrations for the ZERBAXA Mark:
`
`Trademark
`ZERBAXA
`
`Reg No. Reg. Date
`4,744,146 May 26, 2015
`
`Class/Goods
`IC 005: Pharmaceutical
`preparations, namely,
`antibiotics
`
`Status
`Renewed 2020
`Section 8 & 15
`Acknowledged and
`Accepted
`
`
`5.
`
`The registration for the ZERBAXA Mark is valid, subsisting, and incontestable. A
`
`copy of the registration and printouts from the electronic database records of the United States
`
`Patent and Trademark Office showing the current status and title of the registration are attached
`
`hereto and incorporated herein by reference as Exhibit A.
`
`6.
`
`Opposer also owns numerous foreign trademark registrations for the ZERBAXA
`
`Mark.
`
`7.
`
`Opposer’s ZERBAXA Mark play a prominent role in the marketing, advertising,
`
`and sale of Opposer’s antibiotic products.
`
`8.
`
`As a result of this substantial time, money, and effort spent by Opposer in
`
`promoting, marketing, and selling its antibiotic products featuring Opposer’s ZERBAXA Mark,
`
`this mark constitutes a valuable asset to Opposer and are widely recognized by consumers.
`
`2
`
`

`

`9.
`
`Upon the introduction of Opposer’s ZERBAXA Mark on the market, and
`
`continuously thereafter, Opposer’s ZERBAXA Mark has become and are now widely known and
`
`famous, and recognized by the relevant consumers as the means by which Opposer and its products
`
`are distinguished, and its source and origin identified.
`
`10.
`
`On June 21, 2021, Applicant filed U.S. Trademark Application Serial No.
`
`90/784,943 for the VERAXA Mark identifying the following goods and services:
`
`IC 001. Antibodies and the chemical modifications and conjugates thereof for
`medical research purposes and medical laboratory tests for medical research
`purposes; Immunoglobulins for medical research use; Structural proteins in the
`nature of proteins in raw material form and protein arrays for medical research
`purposes
`
`IC 005. Antibodies and the chemical modifications and conjugates thereof for
`medical diagnosis and treatment purposes and medical laboratory tests for medical
`diagnosis and treatment purposes; Immunoglobulins for medical use for the
`treatment and prevention of disease; Vaccines; Structural proteins in the nature of
`proteins in raw material form and protein arrays for medical diagnosis and
`treatment purposes; Veterinary preparations, namely, anti-cancer medication, anti-
`inflammatory medication, anti-pain medication in cream, powder, tablet and
`injectable form; Medical preparations, namely, diagnostic preparations, therapeutic
`preparations for medical use in the nature of anti-cancer medication, anti-
`inflammatory medication, anti-pain medication in cream, powder, tablet and
`injectable form; Pharmaceutical preparations, namely, anti-cancer preparations,
`anti-inflammatory preparations, anti-pain preparations, metabolic preparations for
`treating diabetes and obesity in cream, powder, tablet, and injectable form
`
`IC 009. Opto-electronic apparatus and instruments and downloadable and recorded
`computer software and microfluid chips for conducting antibody, peptide or high-
`throughput active agent search with small inorganic or organic molecules for
`scientific research purposes
`
`IC 010. Medical opto-electronic apparatus and instruments for conducting
`antibody, peptide or high-throughput active agent search with small inorganic or
`organic molecules for medical diagnosis and treatment purposes
`
`IC 042. Scientific research conducted using high-throughput active agent search
`and bioinformatics methods; Drug discovery services; Research and testing
`services in the field of antibody active agent search services for scientific research
`purposes; Research, testing, and development services in the field of antibody
`modification and conjugate services for scientific research purposes; Research and
`
`3
`
`

`

`testing services in the field of vaccine search services for scientific research
`purposes
`
`IC 044. Medical services; Medical diagnosis tests, monitoring and reporting and
`medical screening services in the nature of medical active agent search services;
`Medical screening services in the nature of medical combing and medical active
`agent search of antibodies originating from patients; Personal medical information
`services
`
`(collectively, the goods and services identified above will hereinafter be referred to
`as “Applicant’s Goods”).
`
`11.
`
` Due to communication between Opposer and Applicant’s attorneys, Applicant has
`
`clearly been put on notice of Opposer’s ZERBAXA Mark and Opposer’s rights therein.
`
`12.
`
`Applicant’s adoption and use of the VERAXA Mark is without Opposer’s license
`
`or permission.
`
`13.
`
`Applicant’s use and registration of the VERAXA Mark will damage Opposer.
`
`FIRST CLAIM FOR RELIEF
`(Likelihood of Confusion)
`
`14.
`
`Opposer repeats and realleges the allegations set forth in Paragraphs 1 through 13
`
`as if fully set forth herein.
`
`15.
`
`There is no issue as to priority. Opposer began using its ZERBAXA Mark in the
`
`United States at least as early as December 22, 2014. Opposer’s ZERBAXA Mark was first used
`
`long before June 21, 2021, the date Applicant filed the Application.
`
`16.
`
`Opposer has developed goodwill and fame of inestimable value in Opposer’s
`
`ZERBAXA Mark and such fame was established well before Applicant filed its Application or
`
`began using its VERAXA Mark.
`
`17.
`
`Applicant’s VERAXA Mark is confusingly similar to Opposer’s ZERBAXA Mark
`
`in appearance, sound, and overall commercial impression such it is likely to cause confusion,
`
`mistake, or deception with regard to source, sponsorship, and affiliation.
`
`4
`
`

`

`18.
`
`Applicant’s Goods, namely, “Antibodies and the chemical modifications and
`
`conjugates thereof for medical diagnosis and treatment purposes and medical laboratory tests for
`
`medical diagnosis and treatment purposes; Immunoglobulins for medical use for the treatment and
`
`prevention of disease; Vaccines; Structural proteins in the nature of proteins in raw material form
`
`and protein arrays for medical diagnosis and treatment purposes; Veterinary preparations, namely,
`
`anti-cancer medication, anti-inflammatory medication, anti-pain medication in cream, powder,
`
`tablet and injectable form; Medical preparations, namely, diagnostic preparations, therapeutic
`
`preparations for medical use in the nature of anti-cancer medication, anti-inflammatory
`
`medication, anti-pain medication in cream, powder, tablet and injectable form; Pharmaceutical
`
`preparations, namely, anti-cancer preparations, anti-inflammatory preparations, anti-pain
`
`preparations, metabolic preparations for treating diabetes and obesity in cream, powder, tablet, and
`
`injectable form” in International Class 5 (“Applicant’s Goods”), include the same, substantially
`
`the same, or related goods to those used and registered in connection with the ZERBAXA Mark.
`
`19.
`
`Upon information and belief, Applicant’s Goods, and those in connection with
`
`Opposer’s ZERBAXA Mark, may be offered through the same or related channels of trade; to the
`
`same or related classes of purchasers; and may be advertised, marketed, and promoted through the
`
`same or related media channels.
`
`20.
`
`As a result of Opposer’s longstanding use and promotion of Opposer’s ZERBAXA
`
`Mark, it has become associated in the minds of the relevant consumers exclusively with Opposer.
`
`21.
`
`The similarity between Applicant’s VERAXA Mark and Opposer’s ZERBAXA
`
`Mark, will cause confusion or mistake or deceive persons by creating the erroneous impression
`
`that Applicant’s Goods originate or come from the same source as Opposer’s goods or are
`
`endorsed, sponsored, licensed, associated or otherwise connected to Opposer. Such confusion
`
`5
`
`

`

`would irreparably harm and damage Opposer because Opposer has no control over the nature or
`
`quality of the goods provided or produced by Applicant under its VERAXA Mark.
`
`SECOND CLAIM FOR RELIEF
`(Dilution)
`
`Opposer repeats and realleges the allegations set forth in Paragraphs 1 through 21
`
`22.
`
`as if fully set forth herein.
`
`23.
`
`As a result of Opposer’s longstanding and continuous use and registration of
`
`Opposer’s ZERBAXA Mark, the extensive advertising and promotion of Opposer’s goods in
`
`connection with Opposer’s ZERBAXA Mark, and because of the superior quality of Opposer’s
`
`goods marketed under this mark, Opposer’s ZERBAXA Mark has become well-known and famous
`
`marks within the meaning of Section 43(c) of the Lanham Trademark Act, and such fame existed
`
`long before Applicant filed the Application on June 21, 2021.
`
`24.
`
`Applicant’s use and registration of the VERAXA Mark is likely to, and will dilute,
`
`blur, and erode the distinctiveness of the fame of Opposer’s ZERBAXA Mark, and/or will damage
`
`the goodwill associated with it.
`
`25.
`
`By reason of the foregoing, Opposer will be damaged by Applicant’s registration
`
`of the VERAXA Mark.
`
`WHEREFORE, Opposer respectfully requests that Application Serial No. 90/784,943 be
`
`refused in its entirety, that no registration be issued thereon to Applicant, and that this opposition
`
`be sustained in favor of Opposer.
`
`
`
`6
`
`

`

`Dated this 21st day of August, 2023.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`LOZA & LOZA, LLP
`
`
`By: /Christina S. Loza/
`Christina S. Loza, Esq.
`305 North Second Avenue, #127
`Upland, CA 91786
`Tel: (949) 705-6777
`Email: tina@lozaip.com
`
`Attorneys for Opposer
`
`
`
`7
`
`

`

`
`
`EXHIBIT “A”
`EXHIBIT “A”
`
`

`

`oNited States of Amery,
`Antted States Patent and Trademark Office
`lly
`
`
`
`Reg. No. 4,744,146
`Registered May 26, 2015
`
`Int. Cl.: 5
`
`CALIXA THERAPEUTICS, INC. (DELAWARE CORPORATION)
`65 HAYDEN AVENUE
`
`LEXINGTON, MA 02421
`
`FOR: PHARMACEUTICAL PREPARATIONS, NAMELY, ANTIBIOTICS, IN CLASS 5 (U.S.
`CLS. 6, 18, 44, 46, 51 AND 52).
`
`TRADEMARK
`
`TFIRST USE 12-22-2014; IN COMMERCE 12-22-2014.
`
`PRINCIPAL REGISTER
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIMTO ANY PAR-
`TICULAR FONT, STYLE,SIZE, OR COLOR.
`
`THE WORD(S) "ZERBAXA" HAS NO MEANINGIN A FOREIGN LANGUAGE.
`
`SN 85-904,044, FILED 4-15-2013.
`
`WILLIAM VERHOSEK, EXAMINING ATTORNEY
`
`
`
`Wtrettt, K Lo
`Director of the United States
`Patent and Trademark Office
`
`

`

`Generated on: This page was generated by TSDR on 2023-08-21 13:18:21 EDT
`
`Mark: ZERBAXA
`
`US Serial Number: 85904044
`
`US Registration
`Number:
`
`4744146
`
`Register: Principal
`
`Mark Type: Trademark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`Apr. 15, 2013
`
`Registration Date: May 26, 2015
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Office.
`
`Status: A Sections 8 and 15 combined declaration has been accepted and acknowledged.
`
`Status Date: Dec. 03, 2020
`
`Publication Date:Nov. 26, 2013Notice of Allowance Date:Jan. 21, 2014
` 
`
`Mark Information
`
`Mark Literal
`Elements:
`
`ZERBAXA
`
`Standard Character
`Claim:
`
`Mark Drawing
`Type:
`
`Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`
`4 - STANDARD CHARACTER MARK
`
`Translation: The word(s) "ZERBAXA" has no meaning in a foreign language.
`
`Related Properties Information
`
`1207416, 1207416B, 1207416A
`
`A0038693/1207416, A0038693/1207416B, A0038693/1207416A
`
`International
`Registration
`Number:
`
`International
`Application(s)
`/Registration(s)
`Based on this
`Property:
`
`Goods and Services
`
`Note:
`The following symbols indicate that the registrant/owner has amended the goods/services:
`Brackets [..] indicate deleted goods/services;
`Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`Asterisks *..* identify additional (new) wording in the goods/services.
`
`For: Pharmaceutical preparations, namely, antibiotics
`
`International
`Class(es):
`
`005 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`U.S Class(es): 006, 018, 044, 046, 051, 052
`
`First Use: Dec. 22, 2014
`
`Use in Commerce: Dec. 22, 2014
`
`

`

`Filed Use: No
`
`Filed ITU: Yes
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`Filed No Basis: No
`
`Basis Information (Case Level)
`
`Currently Use: Yes
`
`Currently ITU: No
`
`Currently 44E: No
`
`Currently 66A: No
`
`Currently No Basis: No
`
`Current Owner(s) Information
`
`Owner Name: MERCK SHARP & DOHME LLC
`
`Owner Address: 126 EAST LINCOLN AVE.
`BOX 2000
`RAHWAY, NEW JERSEY UNITED STATES 07065
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`State or Country
`Where Organized:
`
`NEW JERSEY
`
`Attorney/Correspondence Information
`
`Attorney Name: Amy C. Van Eepoel
`
`Docket Number:
`
`;29612 US 1
`
`Attorney of Record
`
`Attorney Primary
`Email Address:
`
`amy.van.eepoel@merck.com
`
`Attorney Email
`Authorized:
`
`Yes
`
`Correspondent
`
`Correspondent
`Name/Address:
`
`Amy C. Van Eepoel
`MERCK & CO., INC.
`126 E. LINCOLN AVENUE
`OFFICE OF GENERAL COUNSEL
`RAHWAY, NEW JERSEY UNITED STATES 07065
`
`Phone: 732-594-4077
`
`Fax: 732-594-5760
`
`Correspondent e-
`mail:
`
`amy.van.eepoel@merck.com trademarkus@merc
`k.com kelly_panno@merck.com
`
`Correspondent e-
`mail Authorized:
`
`Yes
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`Jun. 29, 2022
`
`AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP
`
`Proceeding
`Number
`
`Jun. 10, 2021
`
`APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
`
`88888
`
`Jun. 10, 2021
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Jun. 10, 2021
`
`TEAS WITHDRAWAL OF ATTORNEY RECEIVED-FIRM RETAINS
`
`Jun. 10, 2021
`
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`
`Jun. 10, 2021
`
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`
`Jun. 10, 2021
`
`TEAS CHANGE OF OWNER ADDRESS RECEIVED
`
`Dec. 03, 2020
`
`NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED
`
`Dec. 03, 2020
`
`REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK.
`
`Dec. 01, 2020
`
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`
`Sep. 24, 2020
`
`TEAS SECTION 8 & 15 RECEIVED
`
`May 26, 2020
`
`COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED
`
`Aug. 12, 2015
`
`AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP
`
`Jun. 23, 2015
`
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`
`Jun. 23, 2015
`
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`
`May 26, 2015
`
`REGISTERED-PRINCIPAL REGISTER
`
`Apr. 24, 2015
`
`NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED
`
`Apr. 23, 2015
`
`ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED
`
`Apr. 22, 2015
`
`TEAS/EMAIL CORRESPONDENCE ENTERED
`
`95151
`
`95151
`
`68552
`
`

`

`Apr. 22, 2015
`
`CORRESPONDENCE RECEIVED IN LAW OFFICE
`
`Apr. 16, 2015
`
`ASSIGNED TO LIE
`
`Apr. 15, 2015
`
`TEAS RESPONSE TO OFFICE ACTION RECEIVED
`
`Mar. 05, 2015
`
`NOTIFICATION OF NON-FINAL ACTION E-MAILED
`
`Mar. 05, 2015
`
`NON-FINAL ACTION E-MAILED
`
`Mar. 05, 2015
`
`SU - NON-FINAL ACTION - WRITTEN
`
`Mar. 05, 2015
`
`NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED
`
`Mar. 04, 2015
`
`STATEMENT OF USE PROCESSING COMPLETE
`
`Jan. 20, 2015
`
`USE AMENDMENT FILED
`
`Mar. 04, 2015
`
`SOU EXTENSION 2 GRANTED
`
`Jan. 20, 2015
`
`SOU EXTENSION 2 FILED
`
`Mar. 03, 2015
`
`CASE ASSIGNED TO INTENT TO USE PARALEGAL
`
`Mar. 03, 2015
`
`CASE ASSIGNED TO INTENT TO USE PARALEGAL
`
`Jan. 20, 2015
`
`SOU TEAS EXTENSION RECEIVED
`
`Jan. 20, 2015
`
`TEAS STATEMENT OF USE RECEIVED
`
`May 30, 2014
`
`NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED
`
`May 28, 2014
`
`SOU EXTENSION 1 GRANTED
`
`May 28, 2014
`
`SOU EXTENSION 1 FILED
`
`May 28, 2014
`
`SOU TEAS EXTENSION RECEIVED
`
`Jan. 21, 2014
`
`NOA E-MAILED - SOU REQUIRED FROM APPLICANT
`
`Nov. 26, 2013
`
`OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
`
`Nov. 26, 2013
`
`PUBLISHED FOR OPPOSITION
`
`68552
`
`68552
`
`77304
`
`61813
`
`61813
`
`61813
`
`61813
`
`61813
`
`74193
`
`98765
`
`98765
`
`Nov. 06, 2013
`
`NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
`
`Oct. 22, 2013
`
`LAW OFFICE PUBLICATION REVIEW COMPLETED
`
`Oct. 21, 2013
`
`APPROVED FOR PUB - PRINCIPAL REGISTER
`
`Oct. 16, 2013
`
`TEAS/EMAIL CORRESPONDENCE ENTERED
`
`Oct. 16, 2013
`
`CORRESPONDENCE RECEIVED IN LAW OFFICE
`
`Oct. 15, 2013
`
`ASSIGNED TO LIE
`
`Oct. 10, 2013
`
`TEAS RESPONSE TO OFFICE ACTION RECEIVED
`
`Sep. 19, 2013
`
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`
`Sep. 19, 2013
`
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`
`Jul. 31, 2013
`
`NOTIFICATION OF NON-FINAL ACTION E-MAILED
`
`Jul. 31, 2013
`
`NON-FINAL ACTION E-MAILED
`
`Jul. 31, 2013
`
`NON-FINAL ACTION WRITTEN
`
`Jul. 30, 2013
`
`ASSIGNED TO EXAMINER
`
`67287
`
`67287
`
`67287
`
`67287
`
`6325
`
`6325
`
`77304
`
`77304
`
`Apr. 19, 2013
`
`NEW APPLICATION OFFICE SUPPLIED DATA ENTERED
`TM Staff and Location Information
`
`Current Location: TMO LAW OFFICE 114
`
`Date in Location: Dec. 03, 2020
`
`Assignment Abstract Of Title Information
`
`TM Staff Information - None
`
`File Location
`
`Summary
`
`Total Assignments: 2
`
`Assignment 1 of 2
`
`Registrant: Calixa Therapeutics, Inc.
`
` 
`
`Conveyance: NUNC PRO TUNC ASSIGNMENT EFFECTIVE 06/10/2015
`
`Reel/Frame: 5592/0122
`
`Date Recorded: Aug. 04, 2015
`
`Supporting
`Documents:
`
`assignment-tm-5592-0122.pdf
`
`Pages: 4
`
`Name: CALIXA THERAPEUTICS, INC.
`
`Execution Date: Jul. 30, 2015
`
`Assignor
`
`

`

`Legal Entity Type: CORPORATION
`
`Name: MERCK SHARP & DOHME CORP.
`
`Legal Entity Type: CORPORATION
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Assignee
`
`State or Country
`Where Organized:
`
`NEW JERSEY
`
`Address: ONE MERCK DRIVE
`WHITEHOUSE STATION, NEW JERSEY 08889
`
`Correspondent
`
`Correspondent
`Name:
`
`Correspondent
`Address:
`
`CLARK W. LACKERT
`
`REED SMITH LLP
`599 LEXINGTON AVENUE
`NEW YORK, NY 10022
`
`Domestic Representative - Not Found
`
`Assignment 2 of 2
`
`Conveyance: MERGER EFFECTIVE 5/1/2022 12:00:00 AM
`
`Reel/Frame: 7741/0487
`
`Date Recorded: Jun. 02, 2022
`
`Supporting
`Documents:
`
`assignment-tm-7741-0487.pdf
`
`Pages: 13
`
`Name: MERCK SHARP & DOHME CORP.
`
`Execution Date: Apr. 07, 2022
`
`Assignor
`
`Legal Entity Type: CORPORATION
`
`Name: MERCK SHARP & DOHME LLC
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`Address: 126 EAST LINCOLN AVE.
`BOX 2000
`RAHWAY, NEW JERSEY 07065
`
`State or Country
`Where Organized:
`
`NEW JERSEY
`
`Assignee
`
`State or Country
`Where Organized:
`
`NEW JERSEY
`
`Correspondent
`Name:
`
`ANNA KURIAN SHAW OF HOGAN LOVELLS US LLP
`
`Correspondent
`Address:
`
`555 13TH STREET NW
`WASHINGTON, DC 20004
`
`Correspondent
`
`Domestic Representative - Not Found
`
`