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: 88929724

Filing Date: 05/22/020

To the Commissioner for Trademarks:

MARK: AFREZZA ASSIST (stylized and/or with design, see mark)
The literal element of the mark consists of AFREZZA ASSIST. The applicant is not claiming color as a feature of the mark. The mark consists of the word element AfrezzaAssist, the letter "i" is stylized, and there are 7 black circles, including the dot on top if the stylized letter "i," arranged in a semi-circle around the last 3 letters of the word element.
The applicant, MannKind Corporation, a corporation of Delaware, having an address of
      30930 Russell Ranch Road, Suite 301
      Westlake Village, California 91362
      United States
      XXXX

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 036:  Providing a database featuring information about patient reimbursement and insurance coverage for pharmaceuticals and medical devices; insurance consultation services, namely, assisting physician offices and patients to identify the scope of coverage offered by patient medical and pharmaceutical insurance; insurance benefits verification services in the medical field; insurance consultation services, namely, assisting physician offices and patients to obtain prior authorization for medical and pharmaceutical insurance claims and the preparation and submission of related paperwork and assisting physician offices and patients to appeal denial of medical and pharmaceutical insurance claims and the preparation and submission of related paperwork.
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 042:  Providing temporary use of online non-downloadable software that assists patients with the filling and delivery of pharmaceutical prescriptions through communication with patient pharmacies; providing personalized medical prescription reminders to patients related to pharmaceutical preparations, providing personalized patient education and monitoring regarding proper use of pharmaceuticals, patient health and treatment challenges, and providing information on health, wellness, healthcare, patient support services, pharmaceuticals, pharmaceutical access, drug safety and/or drug compatibility in relation to therapy and treatment of individuals, adherence to pharmaceutical protocols, and the diagnostic, prophylactic and therapeutic properties of pharmaceuticals.
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 information services, namely, providing a website in the medical, pharmaceutical and health fields featuring information related to health, wellness, healthcare, patient support services, pharmaceuticals, pharmaceutical access, drug safety and/or drug compatibility in relation to therapy and treatment of individuals, adherence to pharmaceutical protocols, and the diagnostic, prophylactic and therapeutic properties of pharmaceuticals; medical care consulting services in the fields of diagnostics, patient treatment and treatment protocols.
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.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3858037.

Miscellaneous Statement
Applicant is also the owner of Serial Number 87/499,259


The owner's/holder's proposed attorney information: Diane G. Elder. Other appointed attorneys are all other attorneys of Foley & Lardner LLP. Diane G. Elder of Foley & Lardner 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
      321 North Clark Street, Suite 3000
      Chicago, Illinois 60654
      United States
      312-832-4552(phone)
      312-832-4700(fax)
      ipdocketing@foley.com

Diane G. Elder 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:

Diane G. Elder

PRIMARY EMAIL FOR CORRESPONDENCE: ipdocketing@foley.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): delder@foley.com; nquintero@foley.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 $825 has been submitted with the application, representing payment for 3 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: /Thelma Chen Cleland/   Date: 05/22/2020
Signatory's Name: Thelma Chen Cleland, Ph.D
Signatory's Position: Senior Director, Intellectual Property
Payment Sale Number: 88929724
Payment Accounting Date: 05/22/2020

Serial Number: 88929724
Internet Transmission Date: Fri May 22 15:08:06 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XX.XX.X-202005221508064352
98-88929724-71015e9c2acaf17ca917d071aa6d
fe5bbc48a2a1f15c716c59782ebb1dab619-CC-0
8044808-20200519153201595192