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. 88418492 ZYLA(Standard Characters, see http://uspto.report/TM/88418492/mark.png) has been amended as follows:

EXPLANATION OF FILING

By this filing, Applicant is restricting the goods in Class 5 covered by its application to avoid a potential opposition. As amended, the goods will read as follows:

pharmaceutical preparations for the treatment, prevention and management of central nervous system disorders and diseases; pharmaceutical preparations for the treatment of pain and pain associated with inflammation; pharmaceutical preparations for the treatment of migraine; and pharmaceutical preparations for the treatment of inflammatory disorders and diseases, none of the foregoing goods for use as a central nervous system depressant or for the treatment of cataplexy or sleep disorders

The amendment does not broaden or expand the scope of the goods, and thus is permitted under Section 1505.02(a) of the TEMP.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 005 for pharmaceutical preparations for the treatment, prevention and management of central nervous system disorders and diseases; pharmaceutical preparations for the treatment of pain and pain associated with inflammation; pharmaceutical preparations for the treatment of migraine; and pharmaceutical preparations for the treatment of inflammatory disorders and diseases
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: pharmaceutical preparations for the treatment, prevention and management of central nervous system disorders and diseases; pharmaceutical preparations for the treatment of pain and pain associated with inflammation; pharmaceutical preparations for the treatment of migraine; and pharmaceutical preparations for the treatment of inflammatory disorders and diseases; and pharmaceutical preparations for the treatment of inflammatory disorders and diseases, none of the foregoing goods for use as a central nervous system depressant or for the treatment of cataplexy or sleep disordersClass 005 for pharmaceutical preparations for the treatment, prevention and management of central nervous system disorders and diseases; pharmaceutical preparations for the treatment of pain and pain associated with inflammation; pharmaceutical preparations for the treatment of migraine; and pharmaceutical preparations for the treatment of inflammatory disorders and diseases, none of the foregoing goods for use as a central nervous system depressant or for the treatment of cataplexy or sleep 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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: ZYLA LIFE SCIENCES US INC., a corporation of Delaware, having an address of

            600 LEE ROAD      SUITE 100
      WAYNE, Pennsylvania 19087
      United States

Proposed: ZYLA LIFE SCIENCES US INC., a corporation of Delaware, having an address of
      600 LEE ROAD
      SUITE 100
      WAYNE, Pennsylvania 19087
      United States
      Email Address: XXXX
Correspondence Information (current):
      Keith Barritt
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdoctc@fr.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 480150009001.
Correspondence Information (proposed):
      Keith Barritt
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdoctc@fr.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rhea@fr.com; barritt@fr.com

The docket/reference number is 480150009001.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)

Signature: /Keith Barritt/     Date: 03/05/2020
Signatory's Name: Keith Barritt
Signatory's Position: attorney of record, Virginia bar member

Signatory's Phone Number: 202-783-5070

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:    Keith Barritt
   FISH & RICHARDSON P.C.
   
   P.O BOX 1022
   MINNEAPOLIS, Minnesota 55440-1022
Mailing Address:    Keith Barritt
   FISH & RICHARDSON P.C.
   P.O BOX 1022
   MINNEAPOLIS, Minnesota 55440-1022
        
Serial Number: 88418492
Internet Transmission Date: Thu Mar 05 14:26:13 ET 2020
TEAS Stamp: USPTO/PPA-XX.XXX.XX.XX-20200305142613637
096-88418492-7103fd1be34f0e552991834d2aa
d5a27de97a3f95ee4a565f20d3f151e6c2fcbfa-
N/A-N/A-20200305141029060499