TEAS RF New Application

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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88596085

Filing Date: 08/28/2019

To the Commissioner for Trademarks:

MARK: PHEXXI (Standard Characters, see mark)
The literal element of the mark consists of PHEXXI. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Evofem Biosciences, Inc., a corporation of Delaware, having an address of
      Suite 600
      12400 High Bluff Drive
      San Diego, California 92130
      United States

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

International Class 005:  Personal lubricant; personal sexual lubricants; pharmaceutical preparations, namely, microbicidal that creates an inhospitable environment for spermatozoa; pharmaceutical preparations, namely, microbicidal that creates an inhospitable environment for viral and bacterial pathogens; pharmaceutical acid-buffering gel with bio adhesive properties designed to maintain an optimal environment
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.



The applicant hereby appoints Andrew D. Skale. Other appointed attorneys are Susan Neuberger Weller, Ingrid A. Beattie, James P. Cleary, Micha Danzig, John M. Delehanty, Richard G. Gervase, Jr., Michael R. Graif, Fred C. Hernandez, Muriel M. Liberto, Boris A. Matvenko, Michael Renaud, Brad M. Scheller, Peter F. Snell, Pedro Suarez, Michael Van Loy, James Wodarski and all attorneys with the firm of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.. Andrew D. Skale of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Suite 300
      3580 Carmel Mountain Road
      San Diego, California 92130
      United States
      858-314-1506(phone)
      858-314-1501(fax)
      adskale@mintz.com (authorized).
The attorney docket/reference number is 054498412T01.
Andrew D. Skale 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:

Andrew D. Skale

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Suite 300       3580 Carmel Mountain Road

San Diego, California 92130

858-314-1506(phone)

858-314-1501(fax)

adskale@mintz.com; jddib@mintz.com; ipdocketingbos@mintz.com; ACRomanini@mintz.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the email address provided in this application. I understand that a valid email address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, 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 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.

Declaration Signature

Signature: /Stewart M Brown/   Date: 08/28/2019
Signatory's Name: Stewart M Brown
Signatory's Position: Vice President & Deputy General Counsel
Payment Sale Number: 88596085
Payment Accounting Date: 08/28/2019

Serial Number: 88596085
Internet Transmission Date: Wed Aug 28 14:13:34 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20190828141334163
305-88596085-610bd97e47df923bbdfcaad95f5
ce6b188cf5aedc77939fecc1440f27c285e6423-
DA-13349835-20190828125539053760