PR-Section 8 and 9

PTO- 1963

Approved for use through 10/31/2021. OMB 0651-0055

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- 1963

Approved for use through 10/31/2021. OMB 0651-0055

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

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: 2450253
REGISTRATION DATE: 05/08/2001

MARK: (Stylized and/or with Design, OBAGI (see, mark))

Current: The owner, OBAGI COSMECEUTICALS LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      SUITE 500 3760 KILROY AIRPORT WAY
       LONG BEACH, California 90806
      United States

Proposed: The owner, OBAGI COSMECEUTICALS LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      3760 KILROY AIRPORT WAY
      SUITE 500
      LONG BEACH, California 90806
      United States
      XXXX
is filing a Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9.

For International Class 003, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: Skin care preparations, namely, cream, lotion, astringent, exfoliant, moisturizer, cleansing lotion, lightener, blending cream, corrector cream, emollient, toner, clarifier, eye cream, sun screen and sun block ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) Screen shots from Registrant's website displaying the mark on the goods, and from which goods can be purchased.

Original PDF file:
SPN0-21613612218-20210420 135534348146_._OBCOS-767U S_Specimen_Cl._3.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3

Webpage URL: http://www.obagi.com/medical/skin-care-lines/obagi-nu-derm-fx-systems
Webpage Date of Access: 04/20/2021
For International Class 005, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: Medicated skin care preparations, namely, medicated cream, lotion, exfoliant, lightener, blending cream, correction cream, and emollient ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) Screen shots from Registrant's website displaying the mark on the goods, and providing information for purchasing the goods.

Original PDF file:
SPN1-21613612218-20210420 135534348146_._OBCOS-767U S_Specimen_Cl._5.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3

Webpage URL: http://www.obagi.com/medical/obagi-nu-derm-rx-sunfader
Webpage Date of Access: 04/20/2021
The owner's/holder's current attorney information: Kathryn E. Smith. Kathryn E. Smith of Wood Herron & Evans LLP, is located at

      2700 Carew Tower
      441 Vine Street
      Cincinnati, Ohio 45202
      United States
The docket/reference number is OBCOS-767US.

The phone number is (513) 241-2324.

The fax number is (513) 241-6234.

The email address is ksmith@whe-law.com

The owner's/holder's proposed attorney information: Kathryn E. Smith. Other appointed attorneys are Theodore R. Remaklus, Sarah Otte Graber, Lori Krafte, Glenn D. Bellamy, Kenneth B. Germain, Sean K. Owens, Julie F. Kappelman. Kathryn E. Smith of Wood Herron & Evans LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      2700 Carew Tower
      441 Vine Street
      Cincinnati, Ohio 45202
      United States
The docket/reference number is OBCOS-767US.

The phone number is (513) 241-2324.

The fax number is (513) 241-6234.

The email address is ksmith@whe-law.com

Kathryn E. Smith 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.Correspondence Information (current):
      Kathryn E. Smith
      PRIMARY EMAIL FOR CORRESPONDENCE: ksmith@whe-law.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is OBCOS-767US.
Correspondence Information (proposed):
      Kathryn E. Smith
      PRIMARY EMAIL FOR CORRESPONDENCE: ksmith@whe-law.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): sdaczko@whe-law.com; usptodock@whe-law.com

The docket/reference number is OBCOS-767US.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the 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 $1050 will be submitted with the form, representing payment for 2 class(es), plus any additional grace period fee, if necessary.


Declaration

	Unless the owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods/services or to indicate membership in the collective membership organization identified above, as evidenced by the attached specimen(s).
	Unless the owner has specifically claimed excusable nonuse, the specimen(s) shows the mark as currently used in commerce on or in connection with the goods/services/collective membership organization.
	The registrant requests that the registration be renewed for the goods/services/collective organization identified above.
	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 this submission and the registration, 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.

Signature: /Kathryn E. Smith/    Date: 04/23/2021
Signatory's Name: Kathryn E. Smith
Signatory's Position: Attorney of Record, Ohio Bar Member
Signatory's Phone: 513-241-2324
Signature method: Signed directly within the form


Mailing Address (current):
   Wood Herron & Evans LLP
   441 Vine Street
   Cincinnati, Ohio 45202

Mailing Address (proposed):
   Wood Herron & Evans LLP
   441 Vine Street
   Cincinnati, Ohio 45202

Serial Number: 75979799
Internet Transmission Date: Fri Apr 23 20:06:46 ET 2021
TEAS Stamp: USPTO/S08N09-XXX.XXX.XXX.XX-202104232006
46326338-2450253-770105d818f31f34dea7b29
4fce2be24e9ddac3b643b95327bbb425af3c7d4c
728-CC-06434798-20210423200402450211