Post Publication Amendment

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 1771 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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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 1771 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment

To the Commissioner for Trademarks:

Application serial no. 88166503 ZYREXAL(Standard Characters, see http://uspto.report/TM/88166503/mark.png) has been amended as follows:

EXPLANATION OF FILING
Applicant herein amends the identification of goods on this present application to include the following wording: ... "all of the foregoing excluding pharmaceutical preparations and substances for the treatment of the central nervous system, sleep disorders, and neurological diseases or disorders." This amendment limits the identification of goods and is therefore allowable, consistent with TMEP 1402.06(a). Respectfully submitted.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Drug delivery agents consisting of compounds that facilitate delivery of a wide range of pharmaceuticals; Drug delivery agents in the form of capsules that provide controlled release of the active ingredients for a wide variety of pharmaceuticals; Drug delivery agents in the form of tablets that provide controlled release of the active ingredients for a wide variety of pharmaceuticals; Drug delivery agents in the form of prescription dosage capsules that facilitate the delivery of pharmaceutical preparations; Pharmaceutical preparations, namely, a drug delivery system comprising polymer-based oral tablets for the continuous release of a wide variety of therapeutic agents
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

Proposed:
Tracked Text Description: Drug delivery agents consisting of compounds that facilitate delivery of a wide range of pharmaceuticals; Drug delivery agents in the form of capsules that provide controlled release of the active ingredients for a wide variety of pharmaceuticals; Drug delivery agents in the form of tablets that provide controlled release of the active ingredients for a wide variety of pharmaceuticals; Drug delivery agents in the form of prescription dosage capsules that facilitate the delivery of pharmaceutical preparations; Pharmaceutical preparations, namely, a drug delivery system comprising polymer-based oral tablets for the continuous release of a wide variety of therapeutic agents; all of the foregoing excluding pharmaceutical preparations and substances for the treatment of the central nervous system, sleep disorders, and neurological diseases or disorders.Class 005 for Drug delivery agents consisting of compounds that facilitate delivery of a wide range of pharmaceuticals; Drug delivery agents in the form of capsules that provide controlled release of the active ingredients for a wide variety of pharmaceuticals; Drug delivery agents in the form of tablets that provide controlled release of the active ingredients for a wide variety of pharmaceuticals; Drug delivery agents in the form of prescription dosage capsules that facilitate the delivery of pharmaceutical preparations; Pharmaceutical preparations, namely, a drug delivery system comprising polymer-based oral tablets for the continuous release of a wide variety of therapeutic agents; all of the foregoing excluding pharmaceutical preparations and substances for the treatment of the central nervous system, sleep disorders, and neurological diseases or disorders.
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

SIGNATURE(S)

Signature: /BAH/     Date: 06/20/2019
Signatory's Name: Brian A. Hall
Signatory's Position: Attorney of Record, Member State Bar of Michigan

Signatory's Phone Number: 2319320411

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88166503
Internet Transmission Date: Thu Jun 20 11:19:25 EDT 2019
TEAS Stamp: USPTO/PPA-XXX.XXX.XXX.XXX-20190620111925
634084-88166503-62044a5ff905cd89d6b59c38
75fbff446ac275356d1da91ed1a64a645bcd98d0
db-N/A-N/A-20190620110705799484