PR-Section 8 and 9

PTO Form 1963 (Rev 5/2006)

OMB No. 0651-0055 (Exp 12/31/2011)

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PTO Form 1963 (Rev 5/2006)

OMB No. 0651-0055 (Exp 12/31/2011)

Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 0692703
REGISTRATION DATE: 02/09/1960

MARK:  XYLOCAINE

The owner, APP Pharmaceuticals, LLC, having an address of
      Suite 300 East
      1501 East Woodfield Road,
      Schaumburg, Illinois 60173
      United States
is filing a Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9.

For U.S. Class 018, this filing does NOT cover the following goods or services for this specific class listed in the registration, and these goods or services are to be permanently deleted from the registration:  AND SPRAY; AS AN OINTMENT; IN A VISCOUS FORM FOR ORAL USE; AS A TABLET, AND AS A SUPPOSITORY;

The mark is in use in commerce on or in connection with the following goods or services listed in the existing registration for this specific class; or, the owner is making the listed excusable nonuse claim: ANESTHETIC USED IN MEDICINE, SURGERY, AND DENTISTRY TO INDUCE LOCAL ANESTHESIA, INCLUDING TOPICAL ANESTHESIA, AND WHICH MAY BE PREPARED IN DIFFERENT FORMS-NAMELY, AS SOLUTIONS FOR INJECTION, INFUSION, AS A JELLY;ALSO USED AS AN ANESTHETIC INGREDIENT IN PHARMACEUTICAL PREPARATIONS

The owner is submitting one specimen showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) label for the product.

Original PDF file:
SPN0-3898140130-112913258_._Xylocaine_specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1

The registrant hereby appoints Lynn A. Sullivan and Michelle L. Calkings of  Leydig Voit & Mayer, Ltd.
      Suite 4900
      Two Prudential Plaza, 180 N. Stetson
      Chicago, Illinois 60601
       United States
to file this Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9 on behalf of the registrant.  The attorney docket/reference number is 268292.

A fee payment in the amount of $500 will be submitted with the form, representing payment for 1 class(es), plus any additional grace period fee, if necessary.

Declaration


Section 8: Declaration of Use in Commerce
Unless the owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods and/or services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.

Section 9: Application for Renewal
The registrant requests that the registration be renewed for the goods and/or services identified above.

The undersigned being hereby warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may jeopardize the validity of this document, declares that he/she is properly authorized to execute this document on behalf of the Owner; and all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.


Signature: /Lynn A. Sullivan/      Date: 11/30/2009
Signatory's Name: Lynn A. Sullivan
Signatory's Position: Attorney of record, Illinois bar

Mailing Address (current):
   MORRISON & FOERSTER LLP
   425 MARKET ST FL 30
   SAN FRANCISCO, California 94105-2482

Mailing Address (proposed):
   Leydig Voit & Mayer, Ltd.
   Two Prudential Plaza, 180 N. Stetson
   Chicago, Illinois 60601

Serial Number: 72052551
Internet Transmission Date: Mon Nov 30 11:41:03 EST 2009
TEAS Stamp: USPTO/S08N09-XX.XX.XXX.XXX-2009113011410
3453221-0692703-4609911af97e87bd8c924687
c2cf312c0da-DA-3132-20091130112913258622