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. 88359443 NN (Stylized and/or with Design, see http://uspto.report/TM/88359443/mark.png) has been amended as follows:

EXPLANATION OF FILING
An extension of time to file a notice of opposition was granted to Actavis Holdco US, Inc. ("Actavis") on 8/7/19 and again on 11/20/19. Pursuant to an agreement between Applicant and Actavis in light of the extensions of time, Applicant requests that the goods and services description of the instant application be amended as detailed herein.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Dietary supplements
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: Dietary supplements; Non-prescription dietary supplementsClass 005 for Non-prescription dietary supplements
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: Tim D. Chheda. Tim D. Chheda of SELMAN MUNSON & LERNER, is located at

      STE. 875
      9821 KATY FREEWAY, STE. 875
      HOUSTON, Texas 77024
      US
The docket/reference number is 2240-104.

The phone number is 713-827-1722.

The email address is tchheda@selmanmunson.com

The applicants proposed attorney information: Tim D. Chheda. Tim D. Chheda of SELMAN MUNSON & LERNER, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      STE. 875
      9821 KATY FREEWAY, STE. 875
      HOUSTON, Texas 77024
      United States
The docket/reference number is 2240-104.

The phone number is 713-827-1722.

The email address is tchheda@selmanmunson.com

Tim D. Chheda 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: TIM D. CHHEDA. TIM D. CHHEDA of SELMAN MUNSON & LERNER, is located at

      STE. 875
      9821 KATY FREEWAY, STE. 875
      HOUSTON, Texas 77024
      US
The docket/reference number is 2240-104.

The phone number is 713-827-1722.

The email address is tchheda@selmanmunson.com; aheflin@selmanmunson.com

The applicants proposed correspondence information: Tim D. Chheda. Tim D. Chheda of SELMAN MUNSON & LERNER, is located at

      STE. 875
      9821 KATY FREEWAY, STE. 875
      HOUSTON, Texas 77024
      United States
The docket/reference number is 2240-104.

The phone number is 713-827-1722.

The email address is tchheda@selmanmunson.com; aheflin@selmanmunson.com

SIGNATURE(S)

Signature: /Tim D. Chheda/     Date: 01/28/2020
Signatory's Name: Tim D. Chheda
Signatory's Position: Attorney of record, Texas Bar member

Signatory's Phone Number: (713) 827-1722

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:    TIM D. CHHEDA
   SELMAN MUNSON & LERNER
   STE. 875
   9821 KATY FREEWAY, STE. 875
   HOUSTON, Texas 77024
Mailing Address:    Tim D. Chheda
   SELMAN MUNSON & LERNER
   STE. 875
   9821 KATY FREEWAY, STE. 875
   HOUSTON, Texas 77024
        
Serial Number: 88359443
Internet Transmission Date: Tue Jan 28 12:36:54 EST 2020
TEAS Stamp: USPTO/PPA-XX.XXX.XX.XXX-2020012812365488
6121-88359443-700a3798035a4f1b95bbef8bce
35c71e6cae75dd763deb5792f10db6431ddad51b
0-N/A-N/A-20200128121843713498