Amendment to Allege Use

LUNESTA

SUNOVION PHARMACEUTICALS INC.

Trademark/Service Mark Amendment to Allege Use

PTO Form 1553 (Rev 9/2005)
OMB No. 0651-0054 (Exp. 11/30/2008)

Trademark/Service Mark Amendment to Allege Use
(15 U.S.C. Section 1051(c))


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 78867679
NOTICE OF ALLOWANCE NO
EXTENSION OF USE NO
REQUEST TO DIVIDE NO
MARK SECTION
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
LITERAL ELEMENT LUNESTA
OWNER SECTION (no change)
ATTORNEY SECTION (no change)
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS 005
GOODS AND/OR SERVICES KEEP ALL LISTED
FIRST USE ANYWHERE DATE 04/01/2005
FIRST USE IN COMMERCE DATE 04/01/2005
SPECIMEN FILE NAME(S) \\TICRS\EXPORT5\IMAGEOUT5\788\676\78867679\xml1\AAU0002.JPG
SPECIMEN DESCRIPTION product box
PAYMENT SECTION
NUMBER OF CLASSES 1
SUBTOTAL AMOUNT 100
TOTAL AMOUNT 100
SIGNATURE SECTION
SIGNATURE /kristina l. burgard/
SIGNATORY NAME Kristina L. Burgard
SIGNATORY DATE 05/22/2006
SIGNATORY POSITION Assisant Secretary and Chief Intellectual Property Counsel
FILING INFORMATION
SUBMIT DATE Mon May 22 13:44:41 EDT 2006
TEAS STAMP USPTO/AAU-XXX.XXX.XX.X-20
060522134441192346-788676
79-332c3b3c4f61c161223a47
935549da93887-CC-1690-200
60522130647726474



PTO Form 1553 (Rev 9/2005)
OMB No. 0651-0054 (Exp. 11/30/2008)


Trademark/Service Mark Amendment to Allege Use
(15 U.S.C. Section 1051(c))


To the Commissioner for Trademarks:

MARK: LUNESTA (stylized and/or with design)
SERIAL NUMBER: 78867679

The applicant, Sepracor Inc., having an address of 84 Waterford Drive, Marlborough, Massachusetts United States 01752, is using or is using through a related company or licensee the mark in commerce on or in connection with the goods and/or services as follows:

For International Class: 005, the applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with all goods and/or services listed in the application or Notice of Allowance.
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 04/01/2005, and first used in commerce at least as early as 04/01/2005, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) product box.
Specimen-1

The applicant hereby appoints Michael J. Bevilacqua, Esquire to submit this Trademark/Service Mark Amendment to Allege Use on behalf of the applicant. The attorney docket/reference number is 812.77.196.

A fee payment in the amount of $100 will be submitted with the form, representing payment for 1 class.


Declaration

Applicant requests registration of the above-identified trademark/service mark in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq., as amended). Applicant is the owner of the mark sought to be registered, and is using the mark in commerce on or in connection with the goods/services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.

The undersigned being hereby 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 this document, declares that he/she is properly authorized to execute this document on behalf of the Owner; and all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.


Signature: /kristina l. burgard/      Date Signed: 05/22/2006
Signatory's Name: Kristina L. Burgard
Signatory's Position: Assisant Secretary and Chief Intellectual Property Counsel

RAM Sale Number: 1690
RAM Accounting Date: 05/22/2006

Serial Number: 78867679
Internet Transmission Date: Mon May 22 13:44:41 EDT 2006
TEAS Stamp: USPTO/AAU-XXX.XXX.XX.X-20060522134441192
346-78867679-332c3b3c4f61c161223a4793554
9da93887-CC-1690-20060522130647726474


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