Statement of Use

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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

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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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: THERATEARS XTRA(Standard Characters, see http://uspto.report/TM/87049747/mark.png)
SERIAL NUMBER: 87049747
An Extension of Time form is being filed with the Allegation of Use.



MARK
Applicant proposes to amend the mark as follows:
Current: THERATEARS XTRA(Standard Characters, see http://uspto.report/TM/87049747/mark.png)
Proposed (USPTO generated image): THERATEARS EXTRA (Standard Characters, see mark)

The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, Advanced Vision Research, Inc., having an address of
      Suite 275
      2929 Plymouth Road
      Ann Arbor, Michigan 48105
      United States
is submitting the following allegation of use information:

For International Class 005:
Current identification: Eye drops; lubricant eye drops; eyelid cleanser; vitamin supplements; dietary supplements; and nutritional supplements

This allegation of use does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods/services are permanently deleted: eyelid cleanser; vitamin supplements; dietary supplements; and nutritional supplements

The mark is in use in commerce on or in connection with the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: Eye drops; lubricant eye drops
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 04/16/2018, and first used in commerce at least as early as 04/16/2018, 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) digital photograph of box/packaging for the recited goods.
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form. MISCELLANEOUS STATEMENTS
First, Applicant respectfully requests amendment of the mark in the application from THERATEARS XTRA to THERATEARS EXTRA. Applicant submits that the change from XTRA to EXTRA is minor and does little or nothing to change the sight, sound and commercial impression of the mark. In short, the proposed amendment is not a material alteration, as it contains the essence of the original mark and would not require re-publication. A supporting specimen showing the mark as proposed to be amended is filed herewith. Second, Applicant requests that its entity designation be amended from a Louisiana corporation to a Delaware corporation. The Applicant's name and address remained unchanged. Advanced Vision Research, Inc. did not exist at the time of filing as a Louisiana corporation, however, it did exist at the time of filing as a Delaware corporation. The designation of Applicant as a Louisiana corporation instead of a Delaware corporation was made in error at the time of filing, but constitutes a correctable error under TMEP 1201.02(c)(7).


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


Declaration

	The signatory believes that the applicant is the owner of the mark sought to be registered. For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified. For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
	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 the application or submission or any registration resulting therefrom, 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: /JBonaccorsi/      Date Signed: 07/24/2018
Signatory's Name: Joe Bonaccorsi
Signatory's Position: General Counsel
Signatory's Phone: 8472796104

RAM Sale Number: 87049747
RAM Accounting Date: 07/25/2018

Serial Number: 87049747
Internet Transmission Date: Wed Jul 25 10:04:25 EDT 2018
TEAS Stamp: USPTO/SOU-XXX.XX.XX.XX-20180725100425425
122-87049747-610e9cd2ebeae1d6d7c404d8e52
73a9ad4dbd352d7ab9028337f6cb78e06b17-DA-
11996-20180724171400022912