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: EXAGRID
SERIAL NUMBER: 77391869

The applicant, ExaGrid Systems, Inc., having an address of
      Suite 110
      Westborough, Massachusetts 01581
      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 01/06/2009.

For International Class 009:
Current identification: Computer hardware and software for disk-based backup and data protection for replacement of tape backup subsystems and employing scalable grid architecture configured for expansion of data storage capacity, excluding computer software for distributed computing

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.


For International Class 042:
Current identification: Computer software related services, namely, providing customer and technical support services in the nature of troubleshooting computer software problems, providing end-users with information related to software implementation and use, and troubleshooting computer software problems relating to the installation, use and problem resolution of disk-based backup and data protection system and software

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 second 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: promotional activities


A fee payment in the amount of $300 will be submitted with the form, representing payment for 2 classes.


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: /carol h peters/      Date Signed: 01/05/2010
Signatory's Name: Carol H. Peters
Signatory's Position: Attorney of record

RAM Sale Number: 7169
RAM Accounting Date: 01/05/2010

Serial Number: 77391869
Internet Transmission Date: Tue Jan 05 11:02:04 EST 2010
TEAS Stamp: USPTO/ESU-XX.XX.XXX.X-201001051102044596
74-77391869-460cd724bd6cc121b4b76d899943
b4b56ac-DA-7169-20100105105612500790