Amendment to Allege 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 Amendment to Allege Use
(15 U.S.C. Section 1051(c))

To the Commissioner for Trademarks:
MARK: TOSYMRA(Standard Characters, see http://uspto.report/TM/88390100/mark.png)
SERIAL NUMBER: 88390100



The applicant, UPSHER-SMITH LABORATORIES, LLC, having an address of
      6701 EVENSTAD DRIVE
      MAPLE GROVE, Minnesota 55369
      United States
      XXXX (authorized)
is submitting the following allegation of use information:

For International Class 005:
Current identification: PHARMACEUTICAL AND MEDICINAL PREPARATIONS FOR TREATMENT OF MIGRAINE

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 10/02/2019, and first used in commerce at least as early as 10/02/2019, 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) Digital photographs of product packaging reflecting use of the mark on the product.
Specimen File1
Specimen File2


The applicant is not filing a Request to Divide with this Allegation of Use form.
The applicant's current attorney information: Makiko Coffland. Makiko Coffland of Lane Powell PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1420 5TH AVENUE, 4200
      SEATTLE, Washington 98101
      United States
The docket/reference number is 126637.0159.

The phone number is 206.223.7000.

The fax number is 206.223.7107.

The email address is trademarks@lanepowell.com

The applicants proposed attorney information: Makiko Coffland. Other appointed attorneys are Frances Jagla, Steven Winters, Tiffany Scott Connors, Cassandra Mercer, Holly Johnston, and Peter Becker. Makiko Coffland of Lane Powell PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1420 5TH AVENUE, Suite 4200
      SEATTLE, Washington 98101
      United States
The docket/reference number is 126637.0159.

The phone number is 206.223.7000.

The fax number is 206.223.7107.

The email address is trademarks@lanepowell.com

Makiko Coffland 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: Makiko Coffland. Makiko Coffland of Lane Powell PC, is located at

      1420 5TH AVENUE, 4200
      SEATTLE, Washington 98101
      United States
The docket/reference number is 126637.0159.

The phone number is 206.223.7000.

The fax number is 206.223.7107.

The email address is trademarks@lanepowell.com

The applicants proposed correspondence information: Makiko Coffland. Makiko Coffland of Lane Powell PC, is located at

      1420 5TH AVENUE, Suite 4200
      SEATTLE, Washington 98101
      United States
The docket/reference number is 126637.0159.

The phone number is 206.223.7000.

The fax number is 206.223.7107.

The email address is trademarks@lanepowell.com

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: /Makiko Coffland/      Date Signed: 10/14/2019
Signatory's Name: Makiko Coffland
Signatory's Position: Attorney of record, Washington Bar member
Signatory's Phone: 206-223-7047

Mailing Address:
   Lane Powell PC
   
   1420 5TH AVENUE, Suite 4200
   SEATTLE, Washington 98101

RAM Sale Number: 88390100
RAM Accounting Date: 10/15/2019

Serial Number: 88390100
Internet Transmission Date: Mon Oct 14 15:10:50 EDT 2019
TEAS Stamp: USPTO/AAU-XXX.XXX.XXX.XX-201910141510509
31721-88390100-610aea464abc71dd56692be4b
e1b7959a2f4c426f41488f6e0237fe6d1c48c9d2
-CC-10498265-20191014145805937074