Section 8 and 15

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 1583 (Rev 05/2006)

OMB No. 0651-0055 (Exp 07/31/2018)

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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 1583 (Rev 05/2006)

OMB No. 0651-0055 (Exp 07/31/2018)

Combined Declaration of Use and Incontestability under Sections 8 & 15

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 3900135
REGISTRATION DATE: 01/04/2011

MARK: (ALGURONIC ACID)

The owner, TERRAVIA HOLDINGS, INC., a corporation of Delaware, having an address of
      225 GATEWAY BOULEVARD
      SOUTH SAN FRANCISCO, California 94080
      United States
is filing a Combined Declaration of Use and Incontestability under Sections 8 & 15.

For International Class 001, the mark is in use in commerce on or in connection with all of the goods/all of the services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: Botanical and algal extracts for use as ingredients in the manufacture of creams, topical ointments, toiletries, and cosmetics; and the mark has been continuously used in commerce for five (5) consecutive years after the date of registration, or the date of publication under Section 12(c), and is still in use in commerce on or in connection with all goods/all services, or to indicate membership in the collective membership organization, listed in the existing registration for this class. Also, no final decision adverse to the owner's claim of ownership of such mark for those goods/services, or to indicate membership in the collective membership organization, exists, 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) for this class showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) digital photographs of instructions on packaging for product showing the mark in use and of products showing the mark in use.
Specimen File1
Specimen File2
Specimen File3
Specimen File4

For International Class 003, the mark is in use in commerce on or in connection with all of the goods/all of the services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: Creams, namely, moisturizing creams, beauty creams, cosmetic creams, and cleansing creams; topical ointments, namely, general purpose non-medicated ointments; non-medicated toiletries; cosmetics; and the mark has been continuously used in commerce for five (5) consecutive years after the date of registration, or the date of publication under Section 12(c), and is still in use in commerce on or in connection with all goods/all services, or to indicate membership in the collective membership organization, listed in the existing registration for this class. Also, no final decision adverse to the owner's claim of ownership of such mark for those goods/services, or to indicate membership in the collective membership organization, exists, 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) for this class showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) screenshot of Internet website offering for sale goods under the mark, and digital photographs of products showing the mark in use.
Specimen File1
Specimen File2
Specimen File3
Specimen File4
The registrant's current Attorney Information: John C. Baum of  Owen, Wickersham & Erickson, P.C.
      455 Market Street, 19th Floor
      San Francisco, California 94105
      United States


The registrant's proposed Attorney Information: Theodore R. Remaklus of  Wood, Herron & Evans, L.L.P.
      2700 Carew Tower
      441 Vine Street
      Cincinnati, Ohio 45202
      United States
The docket/reference number is ALGEN-39-122.
The Other Appointed Attorney(s): Gregory J. Lunn, Clement H. Luken, Jr., Thomas J. Burger, Gregory F. Ahrens, Wayne L. Jacobs, Kurt A. Summe, Kevin G. Rooney, Keith R. Haupt, Thomas W. Humphrey, David H. Brinkman, Kristi L. Davidson, P. Andrew Blatt, Ph.D., David E. Jefferies, Kathryn E. Smith, J. Dwight Poffenberger, Jr., John Paul Davis, Brett A. Schatz, Sarah Otte Graber, David W. Dorton, Randall S. Jackson, Jr., Stephen E. Gillen, Lori Krafte, Glenn D. Bellamy, Steven W. Benintendi, Ph.D., Charles H. Brown, III , Timothy D. Ardizzone, Ph.D., David A. Fitzgerald, II, Paul J. Linden, Sean K. Owens, Lisa M. A. Nolan, Patrick J. Palascak, Jason T. Jonovski, Elizabeth A. Conklin, Alex S. Czanik, Larry D. Williams, David J. Josephic, Donald F. Frei, Bruce Tittel, David S. Stallard, J. Robert Chambers, Joseph R. Jordan, Kenneth B. Germain, Michael G. Frey.

The phone number is 5132412324.

The fax number is 5132416234.

The email address is tremaklus@whe-law.com.
The registrant's current Correspondence Information: John C. Baum of  Owen, Wickersham & Erickson, P.C.
      455 Market Street, 19th Floor
      San Francisco, California 94105
      United States


The registrant's proposed Correspondence Information: Theodore R. Remaklus of  Wood, Herron & Evans, L.L.P.
      2700 Carew Tower
      441 Vine Street
      Cincinnati, Ohio 45202
      United States
The docket/reference number is ALGEN-39-122.


The phone number is 5132412324.

The fax number is 5132416234.

The email address is tremaklus@whe-law.com;usptodock@whe-law.com; bdrambarean@whe-law.com.

A fee payment in the amount of $600 will be submitted with the form, representing payment for 2 class(es), plus any additional grace period fee, if necessary.

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, or the date of publication under 15 U.S.C. § 1062(c), 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 registration. There has been no final decision adverse to the owner's claim of ownership of such mark for such goods/services, 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 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: /theodore r remaklus/      Date: 01/04/2017
Signatory's Name: Theodore R. Remaklus
Signatory's Position: Attorney for Registrant
Signatory's Phone Number: 5132412324

Mailing Address (current):
   Owen, Wickersham & Erickson, P.C.
   455 Market Street, 19th Floor
   San Francisco, California 94105

Mailing Address (proposed):
   Wood, Herron & Evans, L.L.P.
   441 Vine Street
   Cincinnati, Ohio 45202

Serial Number: 85040648
Internet Transmission Date: Wed Jan 04 15:02:10 EST 2017
TEAS Stamp: USPTO/S08N15-XXX.XXX.XXX.XX-201701041502
10914881-3900135-5704565bb1e5375348b79fb
b242445a499c1b44a2be554e552c1bd6e569fbe6
0e1-CC-1372-20170104145630688977