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: ZERVIATE(Standard Characters, see http://uspto.report/TM/88063436/mark.png)
SERIAL NUMBER: 88063436


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: NICOX SA, having an address of
      Drakkar D 2405 Route des Dolines
      Valbonne, 06560
      France
Proposed: NICOX SA, having an address of
      Drakkar D 2405 Route des Dolines
      Valbonne, 06560
      France
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 003:
Current identification: Eye lotions, eye gels, and eye creams not for medical purposes; non-medicated eye washes

All ITU goods/services in this class are to be deleted


For International Class 005:
Current identification: Medicated eye washes; irrigating solutions for eye use; injectable pharmaceutical preparations for treating pathologies of the eye; ocular pharmaceuticals; ophthalmic and ophthalmological preparations; pharmaceutical products for ophthalmological use; solutions for lubrication and rewetting the eyes; eye drops; dietary supplements for eye health; solutions for ocular hydration; solutions for reducing ocular inflammation and pain associated with ocular surgery and other pathologies; pharmaceutical preparations for ocular or intraocular surgery; solutions for reducing symptoms associated with conjunctivitis; pharmaceutical preparations for the prevention and treatment of eye disorders, diseases and conditions; solutions and preparations for treating pathologies of the eyelids and eyelid margins; pharmaceutical preparations, namely, a topical preparation for the treatment of ocular disorders prescribed by ophthalmologists, eye surgeons, and optometrists

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: medicated eye washes; irrigating solutions for eye use; injectable pharmaceutical preparations for treating pathologies of the eye; dietary supplements for eye health; solutions for reducing ocular inflammation and pain associated with ocular surgery; pharmaceutical preparations for ocular or intraocular surgery

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: ocular pharmaceuticals; ophthalmic and ophthalmological preparations; pharmaceutical products for ophthalmological use; solutions for lubrication and rewetting the eyes; eye drops; solutions for ocular hydration; solutions for reducing ocular inflammation and pain associated with ocular pathologies; solutions for reducing symptoms associated with conjunctivitis; pharmaceutical preparations for the prevention and treatment of eye disorders, diseases and conditions; solutions and preparations for treating pathologies of the eyelids and eyelid margins; pharmaceutical preparations, namely, a topical preparation for the treatment of ocular disorders prescribed by ophthalmologists, eye surgeons, and optometrists
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 03/23/2020, and first used in commerce at least as early as 03/23/2020, 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 product bearing label.

Original PDF file:
SPN1-6914381160-202008211 71328248147_._ZerviateSpe cimen.pdf
Converted PDF file(s) (1 page)
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form. Correspondence Information (current):
      CORINNE MARIE POULIQUEN
      PRIMARY EMAIL FOR CORRESPONDENCE: uspto.filings@bw-iplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): cpouliquen@bw-iplaw.com
Correspondence Information (proposed):
      Corinne Marie Pouliquen
      PRIMARY EMAIL FOR CORRESPONDENCE: uspto.filings@bw-iplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): cpouliquen@bw-iplaw.com

The docket/reference number is 04112.209_A.

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

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: /CMP/      Date Signed: 08/21/2020
Signatory's Name: Corinne Marie Pouliquen
Signatory's Position: Attorney of Record, Maryland bar member
Signatory's Phone: 202-679-1488

RAM Sale Number: 88063436
RAM Accounting Date: 08/21/2020

Serial Number: 88063436
Internet Transmission Date: Fri Aug 21 17:41:31 ET 2020
TEAS Stamp: USPTO/SOU-XX.XXX.XX.XXX-2020082117413122
3739-88063436-740bc356c1aa8b4f612b28a782
626cd6741f414131679c628cb6bbab3ba143c32c
-CC-41290543-20200821171328248147