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)

---

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: 90028338

Filing Date: 06/30/020

To the Commissioner for Trademarks:

MARK: INFLAMMATION (stylized and/or with design, see mark)
The literal element of the mark consists of INFLAMMATION. The color(s) orange, gold, dark gold, black, white and red is/are claimed as a feature of the mark. The mark consists of a stylized human-like character with orange skin, gold and dark gold hair, gold eyes, a black mouth and eyebrows, dressed in black pants and vest with a white shirt emblazoned with the word INFLAMMATION in red.
The applicant, Novartis AG, a aktiengesellschaft legally organized under the laws of Switzerland, having an address of
      CH-4002
      Basel 4002
      Switzerland
      XXXX
Domiciled at: 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 009:  Downloadable software in the nature of a mobile application for providing information relating to the treatment of ophthalmic diseases and disorders
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 041:  Educational and training services, namely conducting classes, seminars and workshops in the field of ophthalmic diseases and disorders; providing online non-downloadable publications in the nature of articles, books and journals in the field of ophthalmic diseases and disorders and the monitoring and management of ophthalmic diseases and disorders
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 a non-downloadable web application for processing patient information related to ophthalmology
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:  Providing medical information in the field of ophthalmic diseases and disorders; medical services, namely, assisting in the observation, monitoring, adherence and compliance of patients to medical treatments; providing health information
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 045:  Organizing and conducting support groups in the field of ophthalmology; Social networking services in the field of ophthalmological diseases and disorders and the monitoring and management of ophthalmological diseases and disorders provided via a website
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: Maury M. Tepper, III. Other appointed attorneys are Kathryn M. Eyster. Maury M. Tepper, III of Tepper & Eyster, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      3724 BENSON DR
      RALEIGH, North Carolina 27609
      United States
      919-861-8903(phone)
      9198618913(fax)
      mtepper@teiplaw.com

Maury M. Tepper, III 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 hereby appoints Novartis Pharmaceuticals Corporation
      One Health Plaza, Building 430
      East Hanover New Jersey 07936
      United States
      keyster@teiplaw.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Maury M. Tepper, III

PRIMARY EMAIL FOR CORRESPONDENCE: mtepper@teiplaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): athompson@teiplaw.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 $1375 has been submitted with the application, representing payment for 5 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: /Maury M. Tepper, III/   Date: 06/30/2020
Signatory's Name: Tepper III, Maury M
Signatory's Position: Attorney of Record, NC Bar Member
Payment Sale Number: 90028338
Payment Accounting Date: 06/30/2020

Serial Number: 90028338
Internet Transmission Date: Tue Jun 30 13:06:18 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202006301306183
99387-90028338-7106e4321608a72c4df431df4
5366be30cac27b8b22eeaf6c1c71f16e803236b2
4f-CC-06168836-20200630124525044362