Petition to Director Received

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 2301 (Rev 02/2020)

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 2301 (Rev 02/2020)

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

Petition to Director

To the Commissioner for Trademarks:

Application serial no. 87931649 TRICIDA(Standard Characters, see http://uspto.report/TM/87931649/mark.png) has been amended as follows: PETITION
Petition Statement
I am filing a petition to amend my application after a notice of allowance has issued.

EXPLANATION OF FILING
Pursuant to an agreement with a third party, Tricida, Inc. (?Applicant?) respectfully requests amendment of the goods identified in the above-referenced application (the ?Application?), pursuant to 37 CFR ?? 2.146 and TMEP ? 1107. In support of this petition, Applicant submits the Declaration of Katherine Keating as part of this filing. A Notice of Allowance for the Application issued on December 28, 2018. Applicant has not yet filed a Statement of Use for the Application. The goods currently identified in the Application are: pharmaceutical preparations for the treatment of metabolic acidosis associated with chronic kidney disease; pharmaceutical preparations for the treatment of renal diseases and disorders; pharmaceutical preparations for increasing bicarbonate levels; non-absorbed pharmaceutical preparations, namely, pharmaceutical preparations for the treatment of metabolic acidosis and renal disorders; polymeric pharmaceutical preparations, namely, pharmaceutical preparations for the treatment of metabolic acidosis and renal disorders (class 5). Applicant has entered into an agreement with a third party pursuant to which it has agreed to limit the goods identified in the Application by clarifying that the TRICIDA mark functions as a house mark for those goods. Accordingly, Applicant seeks to amend the goods identified in the Application as follows (asterisks below added to indicate text to be added: *A house mark for* pharmaceutical preparations for the treatment of metabolic acidosis associated with chronic kidney disease; *a house mark for* pharmaceutical preparations for the treatment of renal diseases and disorders; *a house mark for* pharmaceutical preparations for increasing bicarbonate levels; *a house mark for* non- absorbed pharmaceutical preparations, namely, pharmaceutical preparations for the treatment of metabolic acidosis and renal disorders; *a house mark for* polymeric pharmaceutical preparations, namely, pharmaceutical preparations for the treatment of metabolic acidosis and renal disorders. The requested amendment to the goods identification in the Application would not broaden the scope of goods covered by the Application and would not require re-publication of the Application. Applicant therefore respectfully requests that the Director permit the above-referenced amendment of the goods description in the Application, pursuant to 37 CFR ?? 2.146 and TMEP ? 1107.

EVIDENCE

Original PDF file:
evi_1-156471510-153601573_._Keating_Declaration_in_Support_of_Petition.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

Owner AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Tricida, Inc., a corporation of Delaware, having an address of
      7000 Shoreline Court, Suite 201
      South San Francisco, California 94080
      United States

Proposed: Tricida, Inc., a corporation of Delaware, having an address of
      7000 Shoreline Court, Suite 201
      South San Francisco, California 94080
      United States
       Email Address: XXXX

The owner's/holder's current attorney information: Katherine A. Keating. Katherine A. Keating of BRYAN CAVE LEIGHTON PAISNER LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      THREE EMBARCADERO CENTER, 7TH FLOOR
      SAN FRANCISCO, California 94111
      United States
The docket/reference number is 1080298.67.

The phone number is 415-675-3400.

The fax number is 415-675-3434.

The email address is katherine.keating@bclplaw.com

The owner's/holder's proposed attorney information: Katherine A. Keating. Other appointed attorneys are Taryn Joswig, Abigail Cotton, Jill J. Chalmers. Recognized Canadian attorney(s)/agent(s) is/are Taryn Joswig, Abigail Cotton, Jill J. Chalmers. Katherine A. Keating of Bryan Cave Leighton Paisner LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      Three Embarcadero Center, 7th Floor
      San Francisco, California 94111
      United States
The docket/reference number is 1080298.67.

The phone number is 415-675-3400.

The fax number is 415-675-3434.

The email address is katherine.keating@bclplaw.com

Katherine A. Keating submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      KATHERINE A. KEATING
      PRIMARY EMAIL FOR CORRESPONDENCE: katherine.keating@bclplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): taryn.joswig@bclplaw.com; joel.rayala@bclplaw.com; sftmdocketing@bclplaw.com

The docket/reference number is 1080298.67.
Correspondence Information (proposed):
      Katherine A. Keating
      PRIMARY EMAIL FOR CORRESPONDENCE: katherine.keating@bclplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): taryn.joswig@bclplaw.com; joel.rayala@bclplaw.com; sftmdocketing@bclplaw.com

The docket/reference number is 1080298.67.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

FEE(S)
Fee(s) in the amount of $100 is being submitted.

SIGNATURE(S)
Declaration Signature

DECLARATION: 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, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, 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. 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.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage 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. 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.

Signature: /katherine keating/      Date: 04/15/2020
Signatory's Name: Keating, Katherine
Signatory's Position: Attorney of record, California bar member
Signatory's Phone Number: 4152681972



Signature: /katherine keating/     Date: 04/15/2020
Signatory's Name: Keating, Katherine
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 4152681972

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the petitioner's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the petitioner in this matter: the petitioner has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal; the petitioner has filed a power of attorney appointing him/her in this matter; or the petitioner's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    KATHERINE A. KEATING
   BRYAN CAVE LEIGHTON PAISNER LLP
   
   THREE EMBARCADERO CENTER, 7TH FLOOR
   SAN FRANCISCO, California 94111
Mailing Address:    Katherine A. Keating
   Bryan Cave Leighton Paisner LLP
   Three Embarcadero Center, 7th Floor
   San Francisco, California 94111
        
RAM Sale Number: 87931649
RAM Accounting Date: 04/15/2020
        
Serial Number: 87931649
Internet Transmission Date: Wed Apr 15 15:46:55 ET 2020
TEAS Stamp: USPTO/PGP-XXX.XX.XX.XX-20200415154655152
921-87931649-7109a83ba77a311df8107c992fa
5bd7293323fc2960b9d4f25da2b2c58a6d6138-D
A-46547445-20200415153601573260