Application

PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

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PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

Trademark/Service Mark Application, Principal Register

Serial Number: 78867679
Filing Date: 04/24/2006

To the Commissioner for Trademarks:

MARK: LUNESTA (stylized and/or with design, see mark)

The literal element of the mark consists of LUNESTA.

The applicant, Sepracor Inc., a corporation of Delaware, residing at 84 Waterford Drive, Marlborough, Massachusetts, United States, 01752, requests registration of the trademark/service mark identified above 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.

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. (15 U.S.C. Section 1051(b)).

       International Class 005: pharmaceutical preparations for the prevention and treatment of sleep disorders

The applicant hereby appoints Michael J. Bevilacqua, Esquire and Barbara A. Barakat, Esquire and James B. Lampert, Esquire of Wilmer Cutler Pickering Hale and Dorr LLP, 60 State Street, Boston, Massachusetts, United States, 02109 to submit this application on behalf of the applicant. The attorney docket/reference number is 812.77.196.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: michael.bevilacqua@wilmerhale.com.

A fee payment in the amount of $325 will be submitted with the application, representing payment for 1 class(es).

Declaration

The undersigned, being hereby warned that willful false statements and the like so made 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 any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that 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: 04/24/2006
Signatory's Name: Kristina L. Burgard
Signatory's Position: Assistant Secretary and Chief Intellectual Property Counsel


Mailing Address:
     Michael J. Bevilacqua, Esquire
     60 State Street
     Boston, Massachusetts 02109

RAM Sale Number: 1195
RAM Accounting Date: 04/24/2006

Serial Number: 78867679
Internet Transmission Date: Mon Apr 24 09:24:58 EDT 2006
TEAS Stamp: USPTO/BAS-XXXXXXXXX-20060424092458829415
-78867679-200598d610dd5d577e5d1da453249b
452-CC-1195-20060421171711600810