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. 88179843 OCTIQ(Standard Characters, see http://uspto.report/TM/88179843/mark.png) has been amended as follows:

EXPLANATION OF FILING
The Applicant has reached an agreement with a third party to amend the description, in return for withdrawing an Extension to Oppose.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Non-medicated eye drops and non-medicated lubricating solutions for the eyes; pharmaceutical preparations for the treatment of cataracts; medicated eye drops
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: Non-medicated eye drops and non-medicated lubricating solutions for the eyes; Non-medicated eye drops and non-medicated lubricating solutions for the eyes, to be sold over the counter, without a prescription; pharmaceutical preparations for the treatment of cataracts; over-the-counter, non-prescription pharmaceutical preparations for the treatment of cataracts; medicated eye drops; none of the foregoing for use in the treatment of pain.Class 005 for Non-medicated eye drops and non-medicated lubricating solutions for the eyes, to be sold over the counter, without a prescription; over-the-counter, non-prescription pharmaceutical preparations for the treatment of cataracts; none of the foregoing for use in the treatment of pain.
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.

The applicant's current attorney information: Randy Berholtz. Randy Berholtz, is located at

      8845 REHCO ROAD
      SAN DIEGO, California 92121
      US

The phone number is 858-249-7873.

The email address is rberholtz@innovuspharma.com

The applicants proposed attorney information: Randy Berholtz. Other appointed attorneys are Jake Siciliano. Randy Berholtz, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      Legal
      8845 REHCO ROAD
      SAN DIEGO, California 92121
      United States

The phone number is 858-249-7873.

The email address is rberholtz@innovuspharma.com

Randy Berholtz 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: RANDY BERHOLTZ. RANDY BERHOLTZ, is located at

      8845 REHCO ROAD
      SAN DIEGO, California 92121
      US

The phone number is 858-249-7873.

The email address is rberholtz@innovuspharma.com

The applicants proposed correspondence information: Randy Berholtz. Randy Berholtz, is located at

      Legal
      8845 REHCO ROAD
      SAN DIEGO, California 92121
      United States

The phone number is 858-249-7873.

The email address is rberholtz@innovuspharma.com; jsiciliano@innovuspharma.com

SIGNATURE(S)

Signature: /Randy Berholtz/     Date: 09/05/2019
Signatory's Name: Randy Berholtz
Signatory's Position: EVP Corporate Development

Signatory's Phone Number: 858-249-7873

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 owner's/holder'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 owner/holder in this matter: the owner/holder 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 request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    RANDY BERHOLTZ
   
   
   8845 REHCO ROAD
   SAN DIEGO, California 92121
Mailing Address:    Randy Berholtz
   Legal
   8845 REHCO ROAD
   SAN DIEGO, California 92121
        
Serial Number: 88179843
Internet Transmission Date: Thu Sep 05 17:12:52 EDT 2019
TEAS Stamp: USPTO/PPA-XXX.XX.XX.XXX-2019090517125286
5289-88179843-61075e2147fa5232384833ec89
565722822845bb325c198f6cac6a797927cc053-
N/A-N/A-20190905171212088731