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: 88863747

Filing Date: 04/08/020

To the Commissioner for Trademarks:

MARK: NARCAN (stylized and/or with design, see mark)
The literal element of the mark consists of NARCAN. The color(s) magenta is/are claimed as a feature of the mark. The mark consists of the word NARCAN in stylized font in the color magenta.
The applicant, Adapt Pharma Operations Limited, a limited liability company legally organized under the laws of Ireland, having an address of
      6th Floor
      6 Earlsfort Terrace
      Dublin 2
      Ireland
      officeactionstm@brinksgilson.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, namely, opioid antagonists and narcotic antagonists; pharmaceutical and drug preparations for use in treatment of opiate, opioid or narcotic overdose

In International Class 005, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 02/00/2016, and first used in commerce at least as early as 02/00/2016, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) photograph of the goods and packaging.
Specimen File1

International Class 005:  Auto-injectors, syringes, intranasal drug delivery devices, spray pump devices for nasal delivery, and devices for nasal delivery, all pre-filled with pharmaceuticals, namely, opioid antagonists and narcotic antagonists and pharmaceutical and drug preparations for use in treatment of opiate, opioid or narcotic overdose; nasal spray preparations
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.

International Class 044:  Medical and health information services; providing a website for patients, medical professionals, and pharmacists featuring information in the fields of health, medicine, opioids and narcotics, opioid antagonists and narcotic antagonists, drug overdoses, and emergency medical tips; providing a website featuring pharmaceutical drug information relating to diagnostic, prophylactic and therapeutic properties of naloxone, opioid antagonists and narcotic antagonists

In International Class 044, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 02/01/2016, and first used in commerce at least as early as 02/01/2016, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) page from website.

Original PDF file:
SPE0-6386199126-20200217153240089125_._NARCAN_IC_44_Specimen_of_Use.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 0808366 and 5160883.


The owner's/holder's proposed attorney information: Virginia Wolk Marino. Other appointed attorneys are Jeffery A. Handelman, David S. Fleming, Howard S. Michael, Andrew J. Avsec, Jennifer Theis, Emily T. Kappers and Fan Cheng. Virginia Wolk Marino of Brinks Gilson & Lione, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      P. O. Box 10395
      Chicago, Illinois 60610
      United States
      312-321-4200(phone)
      312-321-4299(fax)
      officeactions@brinksgilson.com
The docket/reference number is 16622/358.
Virginia Wolk Marino 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:

Virginia Wolk Marino

PRIMARY EMAIL FOR CORRESPONDENCE: officeactions@brinksgilson.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): vmarino@brinksgilson.com; rlamontagna@brinksgilson.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 $550 has been submitted with the application, representing payment for 2 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: /Jennifer L Fox/   Date: 04/08/2020
Signatory's Name: Jennifer L. Fox
Signatory's Position: SVP Legal Affairs and Deputy General Counsel
Payment Sale Number: 88863747
Payment Accounting Date: 04/08/2020

Serial Number: 88863747
Internet Transmission Date: Wed Apr 08 10:31:06 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2020040810310620
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2f5dd472cb7eb762bf759c9fa873ef925b3618a5
d-DA-31061798-20200326111126916668