Post Publication Amendment

PTO Form 1771 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

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PTO Form 1771 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

Post-Publication Amendment

To the Commissioner for Trademarks:

Application serial no. 77621275 has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: ARZERRA (Stylized and/or with Design)
The mark consists of the term "ARZERRA" in green with a green arrow with a white point above the term "ARZERRA" in the direction of left to right and a fanciful representation of a biological structure in the colors yellow and red with white indicating reflection appearing to the right side of the term "ARZERRA".

The mark consists of the term "ARZERRA" in green with a green arrow with a white point above the term "ARZERRA" in the direction of left to right and a fanciful representation of a biological structure in the colors yellow and red with white indicating reflection appearing to the right side of the term "ARZERRA".

Proposed: Arzerra (Stylized and/or with Design, see mark)

The color(s) green is/are claimed as a feature of the mark.

The mark consists of the term Arzerra in green letters.

EXPLANATION OF FILING
This Post-Publication Amendment form after Notice of Allowance has issued is being submitted simultaneously with the Statement of Use, pursuant to Trademark Manual of Examining Procedure Section 1107. This amendment to the mark is being requested so that the drawing of the mark in the application and the mark as actually used and shown in the specimen agree. Applicant submits that because the mark, as amended, is simply a deletion of an ancillary portion of the mark and the colors associated with it, there is no material alteration in the mark, as amended, and the mark shown in the original application. Applicant proposes to retain only the main component of the mark, namely, the term "ARZERRA" in green letters. Therefore, Applicant proposes to amend the mark by deleting the green arrow with a white point above the term "ARZERRA" and by deleting the fanciful representation of a biological structure in the colors yellow and red with white indicating reflection appearing to the right side of the term "ARZERRA." Therefore, Applicant respectfully proposes that the amended mark consist solely of the term "ARZERRA" in green letters and that the amended color(s) claimed as a feature of the mark consist solely of a claim for the color green. If there are any additional questions concerning this application, please contact the Attorney of Record.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for pharmaceutical and medicinal preparations and substances to treat cancer, autoimmune diseases and disorders, and blood diseases and disorders
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Proposed: Class 005 for pharmaceutical preparations for the treatment of cancer
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

SIGNATURE(S)

Signature: /dkf/     Date: 03/23/2010
Signatory's Name: Diane K. Fry
Signatory's Position: Manager and Trademark Counsel

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 77621275
Internet Transmission Date: Tue Mar 23 19:46:50 EDT 2010
TEAS Stamp: USPTO/PPA-XXX.XX.XXX.XXX-201003231946501
17011-77621275-4608161ddb48921dff090be95
c666472cfb-N/A-N/A-20100323135308736802