Application

PTO- 1478

Approved for use through 04/30/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1478

Approved for use through 04/30/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

Serial Number: 90669899

Filing Date: 04/25/2021

To the Commissioner for Trademarks:

MARK: LUMAN (Standard Characters, see mark)
The literal element of the mark consists of LUMAN. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Bausch Health Ireland Limited, a private company limited by shares (prc) legally organized under the laws of Ireland, having an address of
      3013 Citywest Business Campus
      Dublin 24
      Ireland
      585-338-8049(phone)
      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 003:  Non-medicated dermatologic substances and preparations, namely, moisturizers, creams, powders, gels, solutions, shampoos, sprays, swabs, washes, ointments, and topical antibiotics to treat atopic dermatitis, actinic keratosis, acne, rosacea, psoriasis, athlete's foot, nail fungus and other skin ailments, conditions and dermatoses; Non-medicated oral health substances preparations in the form of powders, creams, rinses for the treatment of periodontitis, mouth dryness, cold sores, mouth ulcers.
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 Ireland application number 2021/00670, filed 03/26/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 005:  Pharmaceutical preparations and substances for diagnosis and treatment of oral disease, namely, periodontitis, oral mucousitis and bone and soft tissue regeneration; dental rinse for oral health; Medicated pharmaceutical preparations and substances for the treatment and prevention of gastrointestinal diseases and disorders in humans including constipation, hepatic encephalopathy, irritable bowel syndrome, opioid-induced constipation and ulcerative colitis; Medicated beverages, powders, and gels for colonoscopies and endoscopic procedures; Pharmaceutical preparations and substances to prevent and treat diabetes mellitus, epilepsy, migraines, anxiety and depression, chronic pain, headaches, psychiatric disorders, and rare diseases such as Wilson and Huntington's disease, diabetes mellitus, cardiovascular/angina, hyperammonaemia, hormone deficiencies (endocrinology), cancer, otolaryngology, and urinary tract , lungs, heart infections and diseases, central nervous system disorders, neuromuscular conditions, vaginal disorders; Pharmaceutical preparations for treating allergic rhinitis and asthma; Pharmaceutical preparations and substances for the treatment of skin and nail conditions, namely, acne, psoriasis, onychomycosis, tinea pedis, actinic keratosis, rosacea and other dermatoses, fungal infections; Vitamins and mineral supplements.
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 Ireland application number 2021/00670, filed 03/26/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 010:  Radio frequency medical devices for contracting skin, body sculpting, and soft tissue reconstruction in a non-invasive manner; Medical devices for aesthetic and therapeutic applications for the skin and its subcutaneous structures, namely, a device for delivering energy to the skin and its underlying tissues; Lasers and radio frequency devices for medical and aesthetic treatment; Medical devices, namely medical instruments designed for the non-invasive removal of human body fat using an external energy source.
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 Ireland application number 2021/00670, filed 03/26/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.




The owner's/holder's proposed attorney information: John F. Ward. John F. Ward of Bausch Health, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Law Department
      1400 N. Goodman Street
      Rochester, New York 14609
      United States
      585-338-8049(phone)
      trademarks@bausch.com

John F. Ward 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:

John F. Ward

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@bausch.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): holly.smith@bausch.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 $1050 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: /Holly M. Smith/   Date: 04/25/2021
Signatory's Name: Holly M. Smith
Signatory's Position: Legal Operations Manager - Trademarks
Signatory's Phone Number: 585-338-8049
Signature method: Signed directly within the form
Payment Sale Number: 90669899
Payment Accounting Date: 04/26/2021

Serial Number: 90669899
Internet Transmission Date: Sun Apr 25 16:12:25 ET 2021
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2021042516122556
9651-90669899-780326d75ff97b28e1746fa01f
8088f3915fcaae4341fafb0704dab8731b27df-D
A-12252711-20210425160938315779