Extension of Time to File SOU

PTO Form 1581 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 10/31/2017)

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PTO Form 1581 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 10/31/2017)

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

To the Commissioner for Trademarks:

MARK: MARSHMALLOW
SERIAL NUMBER: 77862873

The applicant, The Drew Oliver Company, LLC, having an address of
      78 Harvard Avenue
      Stamford, Connecticut 06902
      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 08/16/2011.

For International Class 009:
Current identification: Computer programs for pre-recorded games; electronic game programs, video game software, computer game software, video game cartridges, all featuring microbe and microorganism characters; exposed cinematographic film; exposed cinematographic films featuring microbe and microorganism characters; Digital media, namely, pre-recorded video cassettes, digital video discs, digital versatile discs, downloadable audio and video recordings, DVDs, and high definition digital disks featuring microbe and microorganism characters; Digital media, namely, video cassettes, audio discs, digital video discs, digital versatile discs, downloadable audio and video, compact discs, DVDS, motion picture films featuring microbe and microorganism characters; Pre-recorded CDs, video tapes, laser disks and DVDs featuring microbe and microorganism characters; Pre-recorded digital media featuring microbe and microorganism characters; Blank digital storage media; Blank electronic storage media; Digital trading cards in the nature of multimedia software recorded on magnetic media featuring microbe and microorganism characters

For a trademark/service mark: The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class; for a collective/certification mark: the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with the goods/services/collective membership organization listed in the Notice of Allowance, or as subsequently modified for this specific class.


For International Class 028:
Current identification: Toys, namely, collectable toy figures; Crib toys; Dog toys; Pet toys; Plush toys; Soft sculpture plush toys; Soft sculpture toys; Squeezable squeaking toys; Squeeze toys; Stuffed toy animals; Stuffed toy bears; Stuffed toys; Toy animals and accessories therefor; Toy figures

For a trademark/service mark: The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class; for a collective/certification mark: the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with the goods/services/collective membership organization listed in the Notice of Allowance, or as subsequently modified for this specific class.


For International Class 041:
Current identification: Educational and entertainment services, namely, a continuing program about microbe and microorganism characters accessible by radio, television, satellite, audio, video and computer networks; Entertainment Services, namely, providing a website featuring photographic, audio, video and prose presentations featuring microbe and microorganism characters; Entertainment in the nature of providing on-line video games; Entertainment, namely, production of motion pictures, television programs/shows, and webcast programs; Entertainment services in the nature of on-going television programs in the field of children's entertainment; Entertainment services, namely, an on-going series featuring microbe and microorganism characters provided through motion pictures, television programs/shows, webcast programs, online games via internet, and web site; Entertainment services, namely, providing a television program in the field of children entertainment via a global computer network; Entertainment services, namely, providing a web site featuring non-downloadable musical performances, musical videos, related film clips, photographs, and other multimedia materials in the field of children's entertainment and education; Entertainment services, namely, providing an on-line computer game; Entertainment services, namely, providing on-line computer games; Entertainment services, namely, providing podcasts in the field of children entertainment; Entertainment services, namely, providing webcasts in the field of children entertainment; Entertainment, namely, a continuing children show broadcast over television, satellite, audio, and video media

For a trademark/service mark: The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class; for a collective/certification mark: the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with the goods/services/collective membership organization 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/services covered by the extension request: Applicant is engaged in ongoing manufacturing and marketing activities related to the use of the mark in commerce in connection with the goods and services identified in the Notice of Allowance.



A fee payment in the amount of $450 will be submitted with the form, representing payment for 3 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; 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: /Jonathan D. Reichman/      Date Signed: 08/16/2012
Signatory's Name: Jonathan D. Reichman, Esq.
Signatory's Position: Attorney of Record, New York Bar Member
Signatory's Phone: 212-425-7200

RAM Sale Number: 1748
RAM Accounting Date: 08/17/2012

Serial Number: 77862873
Internet Transmission Date: Thu Aug 16 15:24:24 EDT 2012
TEAS Stamp: USPTO/ESU-XX.XXX.XXX.XXX-201208161524249
62218-77862873-490aa68e88759ce74ad581c55
8397f764de-CC-1748-20120816151636859323