Application

PTO- 1478

Approved for use through 10/31/2024. 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 10/31/2024. 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: 97453460

Filing Date: 06/10/2022

To the Commissioner for Trademarks:

MARK: BAUSCH + LOMB LUMIFY BRIMONIDINE TARTRATE OPTHALMIC SOLUTION 0.025% REDNESS RELIEVER EYE DROPS WORKS IN 1 MINUTE LASTS UP TO 8 HOURS (stylized and/or with design, see mark)
The literal element of the mark consists of BAUSCH + LOMB LUMIFY BRIMONIDINE TARTRATE OPTHALMIC SOLUTION 0.025% REDNESS RELIEVER EYE DROPS WORKS IN 1 MINUTE LASTS UP TO 8 HOURS. The color(s) black, white, purple, gray is/are claimed as a feature of the mark. The mark consists of trade dress applied to one side of three-dimensional product packaging. The top portion of the mark features the stylized wording "BAUSCH + LOMB" in white; below this is the design of an eyebrow in black and an eye in white, black, and purple; below this is the stylized word "LUMIFY" in white with a white light emanating from the top of the letter "I"; below this is the stylized wording "BRIMONIDINE TARTRATE OPTHALMIC SOLUTION 0.025% REDNESS RELIEVER EYE DROPS" in white; below this are two purple bullet points with the stylized wording "Works in 1 minute" and "Lasts up to 8 hours" in white. The entire trade dress features a gray background. The dotted outline of the packaging and the wording "NDC 24208-537-25", "Sterile", and "0.25 FL OZ (7.5 mL)" are intended to show the position of the mark and are not part of the mark.
The applicant, Bausch & Lomb Incorporated, a corporation of New York, having an address of
      1400 N. Goodman Street
      Rochester, New York 14609
      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 005:  ophthalmic solutions and preparations; eye drops

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 05/07/2018, and first used in commerce at least as early as 05/25/2018, 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) webpage screenshot and image showing the mark on the product packaging.
JPG file(s):
Specimen File1
Original PDF file:
SPE0-41414241-20220608170 839569705_._Walmart_Speci men.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://www.walmart.com/ip/LUMIFY-Redness-Reliever-Eye-Drops-0-25-FL-OZ-7-5mL/128640707
Webpage Date of Access: 06/08/2022



Disclaimer
No claim is made to the exclusive right to use "BRIMONIDINE TARTRATE", "OPTHALMIC SOLUTION 0.025%", "REDNESS RELIEVER EYE DROPS", "Works in 1 minute", or "Lasts up to 8 hours" apart from the mark as shown.


The owner's/holder's proposed attorney information: Nancy L. Rowe. Other appointed attorneys are William S. Fultz, Kelli A. Ovies. Nancy L. Rowe of Bausch + Lomb, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      400 Somerset Corp. Blvd.
      Bridgewater, New Jersey 08807
      United States
      908-927-0608(phone)
      BLTrademarks@bausch.com

Nancy L. Rowe 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:

Nancy L. Rowe

PRIMARY EMAIL FOR CORRESPONDENCE: BLTrademarks@bausch.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): evan.fultz@wbd-us.com; alice.rogers@wbd-us.com; Holly.Smith@bausch.com; Nancy.Rowe@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 $350 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: /Nancy L. Rowe/   Date: 06/10/2022
Signatory's Name: Nancy L. Rowe
Signatory's Position: Attorney of record, NJ Bar member
Signatory's Phone Number: 908-927-0608
Signature method: Sent to third party for signature
Payment Sale Number: 97453460
Payment Accounting Date: 06/10/2022

Serial Number: 97453460
Internet Transmission Date: Fri Jun 10 18:21:45 ET 2022
TEAS Stamp: USPTO/BAS-X.XX.XXX.XX-202206101821452819
48-97453460-8206446da59c684020888dc7bd6d
486d539d46213a597927985b95b3333ce28b-DA-
21442292-20220609164125802923