Notice of Allowance

BYFAVO

ACACIA PHARMA LIMITED

Official USPTO Notice of Allowance: U.S. Trademark SN 88099395: BYFAVO: Docket/Reference No. 76724.28


From: TMOfficialNotices@USPTO.GOV
Sent: Tuesday, October 1, 2019 00:07 AM
To: ip@fredlaw.com
Cc: wmunt@fredlaw.com ;  mhill@fredlaw.com
Subject: Official USPTO Notice of Allowance: U.S. Trademark SN 88099395: BYFAVO: Docket/Reference No. 76724.28



NOTICE OF ALLOWANCE (NOA)

ISSUE DATE: Oct 1, 2019

U.S. Serial Number:   88099395
Mark:   BYFAVO
Docket/Reference Number:  76724.28

No opposition was filed for this published application.  The issue date of this NOA establishes the due date for the filing of a Statement of Use (SOU) or a Request for Extension of Time to file a Statement of Use (Extension Request).  WARNING: An SOU that meets all legal requirements must be filed before a registration certificate can issue.  Please read below for important information regarding the applicant's pending six (6) month deadline.

SIX (6)-MONTH DEADLINE: Applicant has six (6) MONTHS from the NOA issue date to file either:
   - An SOU, if the applicant is using the mark in commerce (required even if the applicant was using the mark at the time of filing the application, if use basis was not specified originally);  OR
   - An Extension Request, if the applicant is not yet using the mark in commerce.  If an Extension Request is filed, a new request must be filed every six (6) months until the SOU is filed.  The applicant may file a total of five (5) extension requests.  WARNING: An SOU may not be filed more than thirty-six (36) months from when the NOA issued.  The deadline for filing is always calculated from the issue date of the NOA.

How to file SOU and/or Extension Request:
Use the Trademark Electronic Application System (TEAS).  Do NOT reply to this e-mail, as e-mailed filings will NOT be processed.  Both the SOU and Extension Request have many legal requirements, including fees and verified statements; therefore, please use the USPTO forms available online at http://www.gov.uspto.report/trademarks-application-process/filing-online (under the "INTENT-TO-USE (ITU) FORMS" category) to avoid the possible omission of required information.  If you have questions about this notice, please contact the Trademark Assistance Center at 1-800-786-9199.

For information on how to (1) divide an application; (2) delete goods/services (or entire class) with a Section 1(b) basis; or (3) change filing basis, see http://www.gov.uspto.report/trademarks-getting-started/process-overview/additional-information-post-notice-allowance-process.

FAILURE TO FILE A REQUIRED DOCUMENT OUTLINED ABOVE DURING THE APPROPRIATE TIME PERIOD WILL RESULT IN THE ABANDONMENT OF THIS APPLICATION.

REVIEW APPLICATION INFORMATION FOR ACCURACY

If you believe this NOA should not have issued or correction of the information shown below is needed, you must submit a request to the Intent-to-Use Unit.  Please use the "Post-Publication Amendment" form under the "POST-APPROVAL/PUBLICATION/POST NOTICE OF ALLOWANCE (NOA) AMENDMENT FORMS" category, available at http://www.gov.uspto.report/trademarks-application-process/filing-online/post-approvalpublicationpost-notice-allowance-noa.  Do NOT reply to this e-mail, as e-mailed filings will NOT be processed.

Serial Number: 88099395
Mark: BYFAVO
Docket/Reference Number: 76724.28
Owner: Cosmo Technologies Ltd
Riverside II
Sir John Rogerson's Quay
Dublin 2 , IRELAND   0

Correspondence Address: JOHN PICKERILL
FREDRIKSON & BYRON, P.A.
200 SOUTH 6TH STREET, SUITE 4000
MINNEAPOLIS, MN 55402


This application has the following bases, but not necessarily for all listed goods/services:
Section 1(a): NO Section 1(b): YES Section 44(e): NO

GOODS/SERVICES BY INTERNATIONAL CLASS

005 - Pharmaceutical preparations for use in sedation, general sedation, procedural sedation, intensive care medicine sedation, moderate sedation and conscious sedation; pharmaceutical preparations for use as a general anesthetic; pharmaceutical anesthetic preparations for use in the field of anesthesia; anesthetics; anesthetic preparations; sedatives; pharmaceutical preparations to facilitate sedation or anesthesia for dental surgery; pharmaceutical preparations to facilitate sedation for colonoscopy, bronchoscopy and gastroenterological procedures; pharmaceutical sedative preparations for use in the field of sedation or anesthesia in intensive care medicine; pharmaceutical preparations for use for sedation and anesthesia in the fields of cardiology, radiology, vascular surgery, emergency medicine, outpatient surgeries, dermatology, plastic surgery and orthopaedics; pharmaceutical preparations for use for sedation and anesthesia in the diagnosis or treatment of skin and soft tissue injuries or disorders; pharmaceutical preparations for use for sedation and anesthesia in surgical procedures of the skin and soft tissue; pharmaceutical preparations for the treatment of pain; pharmaceutical preparations for the induction of sedation, anxiety relief, and pain relief during therapeutic and diagnostic procedures; pharmaceutical preparations for the induction of sedation, anxiety relief, and pain relief during surgery; pharmaceutical sedative and anesthetic preparations for use in colonoscopy, bronchoscopy and gastroenterological procedures; pharmaceutical sedative and anesthetic preparations for use in endoscopy, colonoscopy, sigmoidoscopy, anoscopy, rectoscopy and proctoscopy; pharmaceutical sedative and anesthetic preparations for use in surgical procedures; pharmaceutical sedative and anesthetic preparations for use in the following procedures: cardiac catherization, interventional radiology, endovascular procedures, peripheral angioplasty, cardiac defibrillator, implantation of peripheral stents and pacemakers, adjustment of peripheral stents and pacemakers, removal of peripheral stents and pacemakers, dermatologic procedures and oral surgery -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE

ALL OF THE GOODS/SERVICES IN EACH CLASS ARE LISTED.




Appropriate Specimens for Goods and/or Services: A trademark specimen should be a label, tag, or container for the goods, or a display associated with the goods. See TMEP §§904.03 et seq. A service mark specimen should be an advertisement, sign, brochure, website printout or other image that shows the mark used in the actual sale or advertising of the services. See TMEP §§1301.04 et seq. For an instructional video on what is an appropriate trademark or service mark specimen for a good and/or service, click here.

Fraudulent statements may result in registration being cancelled: Applicants must ensure that statements made in filings to the USPTO are accurate, as inaccuracies may result in the cancellation of any issued trademark registration.  The lack of a bona fide intention to use the mark with ALL goods and/or services listed in an application or the lack of actual use on all goods and/or services for which use is claimed could jeopardize the validity of the registration, possibly resulting in its cancellation.

Additional information: For information on filing and maintenance requirements for U.S. trademark applications and registrations and required fees, please consult the USPTO website at http://www.uspto.gov or call the Trademark Assistance Center at 1-800-786-9199.

Checking status: To check the status of this application, go to http://tsdr.gov.uspto.report/#caseNumber=88099395&caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=statusSearch  or contact the Trademark Assistance Center at 1-800-786-9199.  Please check the status of any application at least every three (3) months after the application filing date.

To view this notice and other documents for this application on-line, go to http://tsdr.gov.uspto.report/#caseNumber=88099395&caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=documentSearch.  NOTE: This notice will only be available on-line the next business day after receipt of this e-mail.

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