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: 90261662

Filing Date: 10/18/2020

To the Commissioner for Trademarks:

MARK: DermaLight (stylized and/or with design, see mark)
The literal element of the mark consists of DermaLight. The applicant is not claiming color as a feature of the mark. The mark consists of the word DermaLight in stylized font.
The applicant, HISAMITSU PHARMACEUTICAL CO., INC., a kabushiki kaisha (k.k.) legally organized under the laws of Japan, having an address of
      408, Tashirodaikan-machi,
      Tosu-shi, Saga 841-0017
      Japan
      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 005:  Medicated transdermal patches, plasters, pads, cataplasms, gels, and sprays for relief of the aches of rheumatoid arthritis, and the aches and pains of muscles, joints and tendons; anti-inflammatory and analgesic agents; pharmaceutical preparations for the relief of pain; adhesive plasters for medical purposes; bandages for dressings; dietary supplements for humans; Medicated transdermal patches for use in treatment of pain relief; medicated transdermal patches with micro needles for use in treatment of pain relief
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Japan application number 2020-109143, filed 09/02/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.





The owner's/holder's proposed attorney information: Scott S. Havlick. Other appointed attorneys are Andrea L. Anderson; Ester Martín, Larry H. Tronco; Kazuyo Morita; Matt Horlacher; Hope I. Hamilton; Madelon Lapidus, Amanda Marston, Jeffrey Larson, Catherine Miller, Amy J. Tindell, Lian B. Ernette and all other attorneys of Holland & Hart LLP. Scott S. Havlick of Holland & Hart 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
      Attn: Trademark Docketing
      P.O. Box 8749
      Denver, Colorado 80201
      United States
      303-473-2710(phone)
      303-473-2720(fax)
      docket@hollandhart.com
The docket/reference number is 41961.0235.
Scott S. Havlick 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 Scott S. Havlick of Holland & Hart LLP
      P.O. Box 8749
      Attn: Trademark Docketing
      Denver Colorado 80201
      United States
      303-473-2710(phone)
      303-473-2720(fax)
      docket@hollandhart.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:

Scott S. Havlick

PRIMARY EMAIL FOR CORRESPONDENCE: docket@hollandhart.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): SHavlick@hollandhart.com; atticus.trademark.nobill@hollandhart.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: /Scott Havlick/   Date: 10/18/2020
Signatory's Name: Scott S. Havlick
Signatory's Position: Attorney for Applicant, Colorado Bar Member
Payment Sale Number: 90261662
Payment Accounting Date: 10/19/2020

Serial Number: 90261662
Internet Transmission Date: Sun Oct 18 14:55:51 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2020101814555102
8328-90261662-750ea32c6c6ce1aea5d2871dfd
a6568e8af1f27dcbd3519a980bc7a85c85c5de9-
DA-55501620-20201018144935781312