Extension of Time to File SOU

PTO Form 1581 (Rev 9/2005)

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

---

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: BALLAST
SERIAL NUMBER: 78764706

The applicant, WARSAW ORTHOPEDIC, INC., having an address of
      2500 SILVEUS CROSSING
      WARSAW, Indiana 46581
      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 05/01/2007.

For International Class 010:
Current identification: medical positioning system that allows the surgeon to position and adjust a patient's head and neck during anterior cervical procedures comprising an inflatable pillow, universal electric pump and hand held remote control

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 fourth 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 development


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: /Michael J. Jaro/      Date Signed: 04/24/2009
Signatory's Name: Michael J. Jaro
Signatory's Position: VP for Intellectual Property

RAM Sale Number: 8384
RAM Accounting Date: 04/24/2009

Serial Number: 78764706
Internet Transmission Date: Fri Apr 24 12:55:41 EDT 2009
TEAS Stamp: USPTO/ESU-XXX.XX.XXX.XXX-200904241255414
59506-78764706-4409672f5d4c5fd6919e905b1
82d71de4b-DA-8384-20090424125333059500