PR-Section 8

HEARTBURN RELIEF 24 HOUR

P & L DEVELOPMENT, LLC

Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1563 (Rev 05/2006)
OMB No. 0651-0055 (Exp 10/31/2021)

Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8


The table below presents the data as entered.

Input Field
Entered
REGISTRATION NUMBER 4626399
REGISTRATION DATE 10/21/2014
SERIAL NUMBER 76712900
MARK SECTION
MARK HEARTBURN RELIEF 24 HOUR (see, mark)
ATTORNEY INFORMATION (current)
NAME Maury M. Tepper, III
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME Tepper & Eyster, PLLC
STREET 3724 Benson Drive
CITY Raleigh
STATE North Carolina
POSTAL CODE 27609
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 919-861-8903
FAX 919-861-8913
EMAIL mtepper@teiplaw.com
ATTORNEY INFORMATION (proposed)
NAME Maury M. Tepper, III
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME Tepper & Eyster, PLLC
STREET 3724 Benson Drive
CITY Raleigh
STATE North Carolina
POSTAL CODE 27609
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 919-861-8903
FAX 919-861-8913
EMAIL mtepper@teiplaw.com
OTHER APPOINTED ATTORNEY Kathryn M. Eyster
CORRESPONDENCE INFORMATION (current)
NAME Maury M. Tepper, III
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE mtepper@teiplaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) tmorris@teiplaw.com
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS 005
GOODS OR SERVICES nutritional supplements, pharmaceuticals for use in the treatment of gastrointestinal disorders, heartburn
SPECIMEN FILE NAME(S) \\TICRS\EXPORT18\IMAGEOUT 18\767\129\76712900\xml1 \ S080002.JPG
SPECIMEN DESCRIPTION a digital image of the Registrant's product
OWNER SECTION (current)
NAME P & L DEVELOPMENT, LLC
MAILING ADDRESS 609-2 CANTIAGUE ROCK ROAD
CITY WESTBURY
STATE New York
ZIP/POSTAL CODE 11590
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
OWNER SECTION (proposed)
NAME P & L DEVELOPMENT, LLC
MAILING ADDRESS 609-2 CANTIAGUE ROCK ROAD
CITY WESTBURY
STATE New York
ZIP/POSTAL CODE 11590
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
EMAIL XXXX
LEGAL ENTITY SECTION (current)
TYPE limited liability company
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY WHERE LEGALLY ORGANIZED Delaware
PAYMENT SECTION
NUMBER OF CLASSES 1
NUMBER OF CLASSES PAID 1
FILING § 8 AFFIDAVIT PER CLASS 125
TOTAL FEE PAID 125
SIGNATURE SECTION
SIGNATURE /Charles Cain/
SIGNATORY'S NAME Charles Cain
SIGNATORY'S POSITION General Counsel/Chief Administrative Officer
DATE SIGNED 10/21/2020
PAYMENT METHOD CC
FILING INFORMATION
SUBMIT DATE Wed Oct 21 12:59:56 ET 2020
TEAS STAMP USPTO/SECT08-XX.XXX.XXX.X
XX-20201021125956203730-4
626399-75094e175f42092dfc
9ec4d6b44e5fe591548c9ed45
6171c98e517cdda6be657717-
CC-59541589-2020101909542
1900778



Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1563 (Rev 05/2006)
OMB No. 0651-0055 (Exp 10/31/2021)


Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8


To the Commissioner for Trademarks:

REGISTRATION NUMBER: 4626399
REGISTRATION DATE: 10/21/2014

MARK: HEARTBURN RELIEF 24 HOUR

Current: The owner, P & L DEVELOPMENT, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      609-2 CANTIAGUE ROCK ROAD
      WESTBURY, New York 11590
      United States

Proposed: The owner, P & L DEVELOPMENT, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      609-2 CANTIAGUE ROCK ROAD
      WESTBURY, New York 11590
      United States
      XXXX
is filing a Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8.

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: nutritional supplements, pharmaceuticals for use in the treatment of gastrointestinal disorders, heartburn ; 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) a digital image of the Registrant's product.
Specimen File1

The owner's/holder's current attorney information: Maury M. Tepper, III. Maury M. Tepper, III of Tepper & Eyster, PLLC, is located at

      3724 Benson Drive
      Raleigh, North Carolina 27609
      United States

The phone number is 919-861-8903.

The fax number is 919-861-8913.

The email address is mtepper@teiplaw.com

The owner's/holder's proposed attorney information: Maury M. Tepper, III. Other appointed attorneys are Kathryn M. Eyster. Maury M. Tepper, III of Tepper & Eyster, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      3724 Benson Drive
      Raleigh, North Carolina 27609
      United States

The phone number is 919-861-8903.

The fax number is 919-861-8913.

The email address is mtepper@teiplaw.com

Maury M. Tepper, III 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):
      Maury M. Tepper, III
      PRIMARY EMAIL FOR CORRESPONDENCE: mtepper@teiplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tmorris@teiplaw.com

A fee payment in the amount of $125 will be submitted with the form, representing payment for 1 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.
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: /Charles Cain/    Date: 10/21/2020
Signatory's Name: Charles Cain
Signatory's Position: General Counsel/Chief Administrative Officer

Mailing Address (current):
   Tepper & Eyster, PLLC
   3724 Benson Drive
   Raleigh, North Carolina 27609

Mailing Address (proposed):
   Tepper & Eyster, PLLC
   3724 Benson Drive
   Raleigh, North Carolina 27609

Serial Number: 76712900
Internet Transmission Date: Wed Oct 21 12:59:56 ET 2020
TEAS Stamp: USPTO/SECT08-XX.XXX.XXX.XXX-202010211259
56203730-4626399-75094e175f42092dfc9ec4d
6b44e5fe591548c9ed456171c98e517cdda6be65
7717-CC-59541589-20201019095421900778

PR-Section 8 [image/jpeg]

PR-Section 8 [image/jpeg]


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