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: 88840861

Filing Date: 03/19/020

To the Commissioner for Trademarks:

MARK: LUMYRIZ (Standard Characters, see mark)
The literal element of the mark consists of LUMYRIZ. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Flamel Ireland Limited, a limited company (ltd.) legally organized under the laws of Ireland, having an address of
      Corporate Park
      Block 10-1, Blanchardstown
      Ballycoolin Dublin 15
      Ireland
      trademarks@troutmansanders.com

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:  Pharmaceutical preparations acting on the central nervous system; pharmaceutical preparations for the treatment of central nervous system diseases and disorders; pharmaceutical preparations for the treatment of sleep disorders; pharmaceutical preparations for the treatment of narcolepsy, cataplexy, insomnia and other sleep related diseases; medications for central nervous system disorders and diseases and sleep disorders and diseases
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 owner's/holder's proposed attorney information: Austin Padgett, Esq.. Other appointed attorneys are Ben Wagner, Esq., Christopher Franich, Esq., and Susan Stabe, Esq., members of the bar of the State of California; Michael D. Hobbs, Jr., Esq., Ryan A. Schneider, Esq., James E. Schutz, Esq., Courtney Adams Thornton, Esq., and Jóna Mays, Esq., members of the bar of the State of Georgia; Austin Padgett, Esq., member of the bar of the State of Ohio; Karl M. Zielaznicki, Esq., member of the bar of the States of New York and New Jersey; and Joseph Diamante, Esq., member of the bar of the State of New York. Austin Padgett, Esq. of Troutman Sanders LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      600 Peachtree Street NE, Suite 3000
      Atlanta, Georgia 30308
      United States
      404-885-3155(phone)
      404-885-3900(fax)
      trademarks@troutman.com
The docket/reference number is 244174.
Austin Padgett, Esq. 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:

Austin Padgett, Esq.

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@troutman.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): austin.padgett@troutman.com; kristina.woodruff@troutman.com; jennifer.hennelly@troutman.com Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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 and was in use in commerce as of the filing date of the application 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 was used on or in connection with the goods/services in the application as of the application filing date; 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 and had a bona fide intention to use the mark in commerce as of the application filing date 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: /Austin Padgett/   Date: 03/19/2020
Signatory's Name: Austin Padgett
Signatory's Position: Attorney of record, Ohio bar member
Payment Sale Number: 88840861
Payment Accounting Date: 03/19/2020

Serial Number: 88840861
Internet Transmission Date: Thu Mar 19 16:54:04 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XX.XX.X-202003191654048812
35-88840861-710ef447022f64349fecf6d67ec7
befb7ad4274cf5bbd8ba183db7ebd7922f62-DA-
54048299-20200319124317572642