Extension of Time to File SOU

PTO Form 1581 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

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PTO Form 1581 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

SOU Extension Request
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:

MARK: TUMS
SERIAL NUMBER: 77155155

The applicant, SmithKline Beecham Corporation, having an address of
      One Franklin Plaza
      Philadelphia, Pennsylvania 19102
      United States
requests a six-month extension of time to file the Statement of Use under 37 C.F.R. Section 2.89 in this application.    The Notice of Allowance mailing date was 01/01/2008.

For International Class 005:
Current identification: Calcium sold as an integral component of healthcare preparations, namely, herbal supplements, multivitamins, nutritional supplements in the form of foods and drinks

The applicant has a continued bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with all of the goods and/or services listed in the Notice of Allowance or as subsequently modified for this specific class.


This is the third extension request.   The applicant has made the following ongoing efforts to use the mark in commerce on or in connection with each of those goods and/or services covered by the extension request: product or service research or development; market research


A fee payment in the amount of $150 will be submitted with the form, representing payment for 1 class.


Declaration

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements may jeopardize the validity of the form or any resulting registration, declares that he/she is properly authorized to execute this form on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the form is being filed under 15 U.S.C. Section 1126(d) or (e), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.


Signature: /tad/      Date Signed: 06/19/2009
Signatory's Name: Terence A. Dixon
Signatory's Position: Attorney for Applicant

RAM Sale Number: 1575
RAM Accounting Date: 06/22/2009

Serial Number: 77155155
Internet Transmission Date: Fri Jun 19 15:28:57 EDT 2009
TEAS Stamp: USPTO/ESU-XXX.XXX.XX.XXX-200906191528579
34707-77155155-4409e1e6f4f4921b7c040d846
91c2513be-DA-1575-20090619133735586139