PR-Teas-Response to Post Reg Office Act

Global Format; No Form Number (Rev 8/2009)

OMB No. 0651-0055 (Exp. 07/31/2018)

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Global Format; No Form Number (Rev 8/2009)

OMB No. 0651-0055 (Exp. 07/31/2018)

Response to Office Action for Post-Registration Matters

To the Commissioner for Trademarks:

The following is submitted for registration number. 2948536 TARCEVA :

FORM INFORMATION

In the post registration office action issued on June 27, 2014, the trademark specialist would not grant the Section 8 portion of the Combined Declaration of Use and Application for Renewal ("Renewal") filed on June 13, 2014 because the owner of record of the registration is OSI Pharmaceuticals, LLC, while the Renewal listed OSI Pharmaceuticals, Inc. The owner of TARCEVA, including Registration No. 2,948,536, is OSI Pharmaceuticals, LLC, as reflected at Reel Frame 004571/0740.  The error in the Renewal was an inadvertent error.

 As noted in the attached Declaration, Registrant declares that the incorrect name listed in the Renewal was an inadvertent error due to the prepopulated form.  The registration issued in the name of OSI Pharmaceuticals, Inc., which was converted to OSI Pharmaceuticals, LLC on March 31, 2011.

 As further noted in the Declaration, Registrant confirms that the Renewal was executed by an authorized signatory of OSI Pharmaceuticals, LLC, who not only signed the Renewal, but also signed the Declaration in which he confirmed the facts alleged in the Renewal.

 In view of the foregoing, Registrant hereby requests that the Renewal be accepted in its entirety on behalf of Registrant, OSI Pharmaceuticals, LLC. 

FORM FILE NAME(S)

Original PDF file:
OSI_Pharmaceuticals__LLC-Declaration_2014744272546.PDF
Converted PDF file(s) (1 page)
Attachments-1

SIGNATURE(S)
Declaration Signature
The signatory being 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 the application or submission or any registration resulting therefrom, declares that the facts set forth in this submission are true; and 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: /Timothy J. Lyden/      Date: 08/07/2014
Signatory's Name: Timothy J. Lyden
Signatory's Position: Attorney of record, Virginia bar member
Signatory's Phone Number: 703-610-6100

Submission Signature
Signature: /Timothy J. Lyden/     Date: 08/08/2014
Signatory's Name: Timothy J. Lyden
Signatory's Position: Attorney of record, Virginia bar member
Signatory's Phone Number: 703-610-6100

        
Serial Number: 76252353
Internet Transmission Date:
TEAS Stamp: USPTO/TRS-XX.X.XXX.XX-201408081003176898
48-2948536-20140804162414601811-N/A-N/A-
20140804162414601811