Combined Sec 71 & 15 Affidavit

PTO Form 1683 (Rev 11/2012)

OMB No. 0651-0055 (Exp 11/30/2015)

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PTO Form 1683 (Rev 11/2012)

OMB No. 0651-0055 (Exp 11/30/2015)

Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 3505530
REGISTRATION DATE: 09/23/2008

MARK: (Stylized and/or with Design, DULCOLAX)

The owner/holder, Boehringer Ingelheim International GmbH, a corporation of Germany, having an address of
      55218
      Ingelheim,
      Germany
is filing a Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15.

For International Class 005, the mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective membership organization, listed in the existing registered extension of protection for this specific class; and the mark has been continuously used in commerce for five (5) consecutive years after the date of registration, and is still 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 registered extension of protection for this class. Also, no final decision adverse to the owner's claim of ownership of such mark for those goods/services exists, or to indicate membership in the collective membership organization or to the owner's right to register the same or to keep the same on the register; and, no proceeding involving said rights pending and not disposed of in either the U.S. Patent and Trademark Office or the courts exists.

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) photograph of product.

Original PDF file:
SPN0-631382302-20140827113744414752_._DSS_25_ct_Liq_Gels.pdf
Converted PDF file(s) (1 page)
Specimen File1
The registrant's current Attorney Information: MARTIN J BERAN, of  OSTROLENK, FABER, GERB & SOFFEN, LLP
      1180 AVENUE OF THE AMERICAS
      NEW YORK, New York (NY) 10036-8403
      United States


The registrant's proposed Attorney Information: Martin J. Beran of  Ostrolenk Faber LLP
      7th Floor
      1180 AVENUE OF THE AMERICAS
      NEW YORK, New York (NY) 10036
      United States
The docket/reference number is T/3974-137.


The phone number is 212-382-0700.

The fax number is 212-382-0888.

The email address is tm@ostrolenk.com.
The registrant's current Correspondence Information: MARTIN J BERAN, of  OSTROLENK, FABER, GERB & SOFFEN, LLP
      1180 AVENUE OF THE AMERICAS
      NEW YORK, New York (NY) 10036-8403
      United States


The registrant's proposed Correspondence Information: Martin J. Beran of  Ostrolenk Faber LLP
      7th Floor
      1180 AVENUE OF THE AMERICAS
      NEW YORK, New York (NY) 10036
      United States
The docket/reference number is T/3974-137.


The phone number is 212-382-0700.

The fax number is 212-382-0888.

The email address is tm@ostrolenk.com.

The registrant hereby appoints Martin J. Beran, 7th Floor, 1180 Avenue of the Americas, NEW YORK, New York (NY) United States (USX) 10036 as registrant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The phone number is 212-382-0700.

The fax number is 212-382-0888.

The email address is tm@ostrolenk.com.

Declaration


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) showing the mark as used in commerce. The mark has been in continuous use in commerce for five consecutive years after the date of registration in the United States, and is still in use in commerce on or in connection with all the goods/services, or to indicate membership in the collective membership organization in the existing registration. There has been no final decision adverse to the holder's/owner's claim of ownership of such mark for such goods/services, or to indicate membership in the collective membership organization, or to the holder's/owner's right to register the same or to keep the same on the register; and there is no proceeding involving said rights pending and not disposed of either in the United States Patent and Trademark Office or in a court.

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, 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: /martin j beran/      Date: 11/19/2014
Signatory's Name: Martin J. Beran
Signatory's Position: Attorney for Applicant, New York bar member
Signatory's Phone Number: 212-382-0700

Mailing Address (current):
   OSTROLENK, FABER, GERB & SOFFEN, LLP
   1180 AVENUE OF THE AMERICAS
   NEW YORK, New York 10036-8403

Mailing Address (proposed):
   Ostrolenk Faber LLP
   1180 AVENUE OF THE AMERICAS
   NEW YORK, New York 10036

Serial Number: 79043985
Internet Transmission Date: Wed Nov 19 13:16:10 EST 2014
TEAS Stamp: USPTO/S71N15-XX.XXX.XXX.X-20141119131610
723824-3505530-50081cb4d72f3e1720ac15557
516e49aee6f62fab365de1450751faad0e02febd
-CC-9402-20141119131101428127