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: SMARTRELIEF
SERIAL NUMBER: 78857641

The applicant, NuPathe Inc., having an address of
      227 Washington Street Suite 200
      Conshohocken, Pennsylvania 19428
      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 07/03/2007.

For International Class 005:
Current identification: Iontophoretic transdermal skin patch for use in the treatment of migraine headaches

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: manufacturing activities

The applicant hereby appoints Danielle L. Herritt and Gary H. Fechter, William J. Heller, Elizabeth A. Hanley of  McCarter & English LLP

      265 Franklin Street
      Boston, Massachusetts 02110
      United States
to submit this Request for Extension of Time to File a Statement of Use on behalf of the applicant.

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: /Danielle L. Herritt/      Date Signed: 06/29/2009
Signatory's Name: Danielle L. Herritt
Signatory's Position: Attorney for Applicant

Mailing Address:
   Lahive & Cockfield LLP
   
   One Post Office Square
   Boston, Massachusetts 02109

Mailing Address:
   McCarter & English LLP
   
   265 Franklin Street
   Boston, Massachusetts 02110

RAM Sale Number: 2869
RAM Accounting Date: 06/30/2009

Serial Number: 78857641
Internet Transmission Date: Mon Jun 29 16:28:19 EDT 2009
TEAS Stamp: USPTO/ESU-XX.XX.XXX.XXX-2009062916281953
4632-78857641-4406e1c2a96fa9a70b3deb97cc
75e2eaa66-DA-2869-20090629160931229329