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: 97564946

Filing Date: 08/25/2022

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) light orange, red, orange, yellow, gold, black and white is/are claimed as a feature of the mark. The mark consists of a blue rectangular background behind a stylized human-like character which appears to be sitting down on the bottom edge of the rectangle with his arms at his side and with his feet spayed outward with light orange and red skin, red, orange and yellow hair, gold, and black eyes edged in black, black eyebrows and a grinning mouth with white teeth, dressed in black pants with a holes in the knees showing light orange and red skin beneath and a black vest with a wide red collar over a white shirt with the word "INFLAMMATION" written in red on the shirt. All other instances of the color white represents background and/or transparent areas and are not a feature of the mark.
The applicant, Novartis AG, a aktiengesellschaft legally organized under the laws of Switzerland, having an address of
      CH-4002
      Basel 4002
      Switzerland
      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 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

In International Class 044, 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 07/06/2020, and first used in commerce at least as early as 07/06/2020, 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) screen capture of page from website.
Specimen File1
Webpage URL: http://www.xiidra.com/treating-dry-eye
Webpage Date of Access: 08/25/2022




The owner's/holder's proposed attorney information: Maury M. Tepper, III. Other appointed attorneys are Kathyrn 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 27609-7321
      United States
      919-861-8903(phone)
      919-861-8913(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 $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: /Maury M. Tepper, III/   Date: 08/25/2022
Signatory's Name: Tepper III, Maury M
Signatory's Position: Attorney of Record, NC Bar Member
Signatory's Phone Number: 919-861-8903
Signature method: Sent to third party for signature
Payment Sale Number: 97564946
Payment Accounting Date: 08/25/2022

Serial Number: 97564946
Internet Transmission Date: Thu Aug 25 16:24:15 ET 2022
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202208251624166
35910-97564946-820b67d48bfee96a1977efb86
ab7c811d63416785d5e78d94915e9aacfb84798-
CC-24150186-20220825160447569226