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: CHRONIC
SERIAL NUMBER: 78251933

The applicant, PROCAPS L.P., having an address of
      6000 Kieran Street
      Ville St. Laurent, H4S 2B5, Quebec
      Canada
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 09/16/2008.

For International Class 009:
Current identification: Bicycle helmets; bicycle accessories, namely, computerized speedometers and cycle computers; paintball goggles and lenses therefor; video game cartridges, computer games recorded on CD-ROMs and computer game software relating to paintball

This filing does notcover this specific class. This entire classis either to be permanently deletedfrom the application OR processed according to a separately filed Statement of Use and Request to Divide.


For International Class 012:
Current identification: Bicycles and bicycle accessories namely, foot pegs, seats, bicycle pedals, axle pegs, wheels, bicycle protective gear packs specifically fitted to carry bicycle protective gear, carrier bags specifically fitted to carry bicycles, bicycle wheel bags specifically fitted to carry bicycle wheels, and bicycle frame bags in the nature of backpacks specifically fitted for carrying protective bicycle gear in the nature of bicycle frames, holders for water bottles for bicycles, bicycle rear view mirrors, bicycle parts in the nature of brakes, bicycle racks for vehicles, handle bar tape and handle bar grips, mudguards, bicycle air pumps, toe clips, toe straps, bicycle repair tool kits consisting primarily of tire patches, bicycle chains, brakes, wrenches, screwdrivers and tire inflator; non-motorized scooters; motocross bikes

This filing does notcover this specific class. This entire classis either to be permanently deletedfrom the application OR processed according to a separately filed Statement of Use and Request to Divide.


For International Class 025:
Current identification: Sports apparel, namely, athletic shoes, headbands, sweatbands, wristbands, caps, hats, shorts, sport shirts, polo shirts, pants, sweat suits, warm-up suits, sun visors, swimwear and bicycle gloves

This filing does notcover this specific class. This entire classis either to be permanently deletedfrom the application OR processed according to a separately filed Statement of Use and Request to Divide.


For International Class 028:
Current identification: Playthings and gymnastic sporting articles namely, skateboards, pogo sticks, trampolines, body boards, wake boards, snow boards, protective pads for knees and elbows while bicycling; wind trainers, namely, a bicycle trainer used to support a bicycle for stationary exercise; paintball markers, namely, paintball markers and structural and replacement parts therefor; paintball guns and structural and replacement parts therefor; paintballs; paintball squeegees for use in cleaning paintball marker barrels and holsters for said squeegees; holsters for paintball markers namely, holsters for paintball guns; holsters for paintball hoppers; paintball gun tune-up kits consisting primarily of non-metal o-rings and seals, and metal springs, allen keys and screws; customized barrels for holding paintball guns; customized grips and foregrips for paintball guns; customized paintball hoppers; bodyguard pads, namely, protective padding for use while playing paintball; bodyguard shields, namely, protective padding for use while playing paintball; paintball gear bags; paintball ammunition in the nature of cartridges filled with carbon dioxide; paintball gloves; knee pads and elbow pads for use while riding bicycles; tanks of compressed gas, namely, paintball C02 tanks; protective face masks for use in playing paintball games

This filing does NOTcover the following goods or services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods or services are either being permanently deleted or included in a separately filed Request to Divide: Playthings and gymnastic sporting articles namely, skateboards, pogo sticks, trampolines, body boards, wake boards, snow boards, protective pads for knees and elbows while bicycling; wind trainers, namely, a bicycle trainer used to support a bicycle for stationary exercise; paintball markers, namely, paintball markers and structural and replacement parts therefor; paintball guns and structural and replacement parts therefor; paintballs; paintball squeegees for use in cleaning paintball marker barrels and holsters for said squeegees; holsters for paintball markers namely, holsters for paintball guns; holsters for paintball hoppers; paintball gun tune-up kits consisting primarily of non-metal o-rings and seals, and metal springs, allen keys and screws; customized barrels for holding paintball guns; customized grips and foregrips for paintball guns; customized paintball hoppers; bodyguard pads, namely, protective padding for use while playing paintball; bodyguard shields, namely, protective padding for use while playing paintball; paintball gear bags; paintball ammunition in the nature of cartridges filled with carbon dioxide; paintball gloves; knee pads and elbow pads for use while riding bicycles; tanks of compressed gas, namely, paintball C02 tanks; protective face masks for use in playing paintball games

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 the following goods or services listed in the Notice of Allowance or as subsequently modified for this specific class: Paintballs

For International Class 035:
Current identification: Retail store services, wholesale store services, wholesale ordering services, and on-line retail ordering services, all of the foregoing featuring paintballs, paintball markers, namely, paintball guns and related parts, accessories and supplies for paintballs and paintball guns; online retail store services featuring paintballs, paintball markers, namely, paintball guns and related parts, accessories and supplies; mail order catalog services featuring paintballs, paintball markers, namely, paintball guns and related parts, accessories and supplies; promoting the paintball sporting events, tournaments and exhibitions of others by preparing and distributing direct mail advertisements regarding the same

This filing does notcover this specific class. This entire classis either to be permanently deletedfrom the application OR processed according to a separately filed Statement of Use and Request to Divide.


For International Class 041:
Current identification: Entertainment services in the nature of organizing extreme sports exhibitions and competitions; entertainment services, namely, organizing and conducting paintball sporting events, tournaments and exhibitions; consulting with others about organizing and conducting paintball sporting events, tournaments and exhibitions

This filing does notcover this specific class. This entire classis either to be permanently deletedfrom the application OR processed according to a separately filed Statement of Use and Request to Divide.


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: Applicant believes that it has made valid use of the mark in commerce, but additional time is needed to compile specimens and dates of use.


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: /howard tafler/      Date Signed: 09/16/2009
Signatory's Name: Howard Tafler
Signatory's Position: Chief Financial Officer

RAM Sale Number: 7933
RAM Accounting Date: 09/16/2009

Serial Number: 78251933
Internet Transmission Date: Wed Sep 16 12:03:08 EDT 2009
TEAS Stamp: USPTO/ESU-XX.XX.XXX.XXX-2009091612030876
6977-78251933-460a85b36ec6ffb7251e884119
84476b6bc-CC-7933-20090916114858004362