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: INVELTYS (Stylized and/or with Design, see http://uspto.report/TM/88018623/mark.png)
SERIAL NUMBER: 88018623



The applicant, Kala Pharmaceuticals, Inc., having an address of
      490 Arsenal Way, Suite 120
      Watertown, Massachusetts 02472
      United States
is submitting the following allegation of use information:

For International Class 005:
Current identification: Pharmaceuticals preparations and substances for the treatment of inflammation and pain; Pharmaceutical preparations and substances for the treatment of ophthalmological and ocular diseases and disorders; Topical ophthalmic pharmaceutical preparations; Topical ophthalmic pharmaceutical preparations for post-surgical treatment of the eye

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 12/18/2018, and first used in commerce at least as early as 01/03/2019, 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) photograph of packaging for goods.

Original PDF file:
SPN0-205149289-20191108125633808339_._INVELTYS_-_Specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form.
The applicant's current attorney information: Louis C. Cullman. Louis C. Cullman of K&L GATES LLP, is located at

      1 PARK PLAZA, 12TH FLOOR
      IRVINE, California 92614
      United States
The docket/reference number is 1959057.

The phone number is 949-253-0900.

The fax number is 949-253-0902.

The email address is OCtrademarks@klgates.com

The applicants proposed attorney information: Louis C. Cullman. Other appointed attorneys are Alexis Crawford Douglas. Louis C. Cullman of K&L GATES 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

      1 PARK PLAZA, 12TH FLOOR
      IRVINE, California 92614
      United States
The docket/reference number is 1959057.

The phone number is 949-253-0900.

The fax number is 949-253-0902.

The email address is OCtrademarks@klgates.com

Louis C. Cullman 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.
The applicant's current correspondence information: LOUIS C. CULLMAN. LOUIS C. CULLMAN of K&L GATES LLP, is located at

      1 PARK PLAZA, 12TH FLOOR
      IRVINE, California 92614
      United States
The docket/reference number is 1959057.

The phone number is 949-253-0900.

The fax number is 949-253-0902.

The email address is OCtrademarks@klgates.com

The applicants proposed correspondence information: LOUIS C. CULLMAN. LOUIS C. CULLMAN of K&L GATES LLP, is located at

      1 PARK PLAZA, 12TH FLOOR
      IRVINE, California 92614
      United States
The docket/reference number is 1959057.

The phone number is 949-253-0900.

The fax number is 949-253-0902.

The email address is OCtrademarks@klgates.com; alexis.douglas@klgates.com; raquel.bacchus@klgates.com

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: /Booyong S. Lim/      Date Signed: 11/14/2019
Signatory's Name: Booyong S. Lim
Signatory's Position: Associate General Counse, IP Counsel
Signatory's Phone: 781-916-9112

Mailing Address:
   K&L GATES LLP
   
   1 PARK PLAZA, 12TH FLOOR
   IRVINE, California 92614

RAM Sale Number: 88018623
RAM Accounting Date: 11/14/2019

Serial Number: 88018623
Internet Transmission Date: Thu Nov 14 15:04:37 EST 2019
TEAS Stamp: USPTO/SOU-XXX.XXX.XX.X-20191114150437142
242-88018623-700b420ae8b06d2ab0e75d7445a
9ab2d90c1e257881efbce3987455e7559ba2aa-D
A-04366232-20191108125633808339