PR-Section 8 and 9

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 1963 (Rev 05/2006)

OMB No. 0651-0055 (Exp 10/31/2021)

---

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 1963 (Rev 05/2006)

OMB No. 0651-0055 (Exp 10/31/2021)

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: 3898981
REGISTRATION DATE: 01/04/2011

MARK: XEOMIN

The owner, MERZ PHARMA GmbH & Co. KGaA, kommanditgesellschaft auf aktien (kgaa) legally organized under the laws of Germany, having an address of
      Eckenheimer Landstrasse 100
      Frankfurt am Main, 60318
      Germany
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 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: Pharmaceutical preparations, namely, for use in aesthetic surgery and dermatology and for the treatment of diseases of the central nervous system, dystonia, blepharospasm and spasmodic torticollis, spasticity, cerebral palsy, pain, snoring, migraine and hyperhydrosis ; 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) images of the goods demonstrating use of the mark in connection with the goods.
Specimen File1
Specimen File2
Specimen File3

The applicant's current attorney information: G. Patrick SAGE. G. Patrick SAGE of HUESCHEN AND SAGE, PLLC, is located at

      Seventh Floor, Kalamazoo Building
      107 West Michigan Avenue
      KALAMAZOO, Michigan 49007-3976
      United States
The docket/reference number is MERZ FTM 143.

The phone number is 269-382-0030.

The fax number is 269-382-2030.

The email address is tm@hueschen-sage.us

The applicants proposed attorney information: G. Patrick SAGE. G. Patrick SAGE of HUESCHEN AND SAGE, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      Seventh Floor, Kalamazoo Building
      107 West Michigan Avenue
      KALAMAZOO, Michigan 49007-3976
      United States
The docket/reference number is MERZ FTM 143.

The phone number is 269-382-0030.

The fax number is 269-382-2030.

The email address is tm@hueschen-sage.us

G. Patrick SAGE 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.
The applicant's current correspondence information: G. PATRICK SAGE. G. PATRICK SAGE of HUESCHEN AND SAGE, PLLC, is located at

      Seventh Floor, Kalamazoo Building
      107 West Michigan Avenue
      KALAMAZOO, Michigan 49007-3976
      United States
The docket/reference number is MERZ FTM 143.

The phone number is 269-382-0030.

The fax number is 269-382-2030.

The email address is tm@hueschen-sage.us; jlt@hueschen-sage.us; jtf@hueschen-sage.us

The applicants proposed correspondence information: G. PATRICK SAGE. G. PATRICK SAGE of HUESCHEN AND SAGE, PLLC, is located at

      Seventh Floor, Kalamazoo Building
      107 West Michigan Avenue
      KALAMAZOO, Michigan 49007-3976
      United States
The docket/reference number is MERZ FTM 143.

The phone number is 269-382-0030.

The fax number is 269-382-2030.

The email address is tm@hueschen-sage.us; gps@hueschen-sage.us; jlt@hueschen-sage.us
G. Patrick SAGE. G. Patrick SAGE of HUESCHEN AND SAGE, PLLC, is located at

      Seventh Floor, Kalamazoo Building
      107 West Michigan Avenue
      KALAMAZOO, Michigan 49007-3976
      United States as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The docket/reference number is MERZ FTM 143.

The phone number is 269-382-0030.

The fax number is 269-382-2030.

The email address is tm@hueschen-sage.us

A fee payment in the amount of $425 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.
	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: /gpsage/    Date: 01/24/2020
Signatory's Name: G. Patrick SAGE
Signatory's Position: Attorney of Record, Michigan Bar member
Signatory's Phone: 269-382-0030

Mailing Address (current):
   HUESCHEN AND SAGE, PLLC
   107 West Michigan Avenue
   KALAMAZOO, Michigan 49007-3976

Mailing Address (proposed):
   HUESCHEN AND SAGE, PLLC
   107 West Michigan Avenue
   KALAMAZOO, Michigan 49007-3976

Serial Number: 77910865
Internet Transmission Date: Fri Jan 24 12:27:27 EST 2020
TEAS Stamp: USPTO/S08N09-XX.XXX.XXX.XXX-202001241227
27909779-3898981-70023e3c23b8495544f99f5
b856cfe8c235b3d51f4e465d923a14a66d9256bd
ad-CC-27262674-20200124121922707116