Extension of Time to File SOU

PTO Form 1581 (Rev 9/2005)

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

---

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: THERANOS
SERIAL NUMBER: 85721486

The applicant, Theranos, Inc., having an address of
      1701 Page Mill Road
      Palo Alto, California 94304
      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 05/13/2014.

For International Class 001:
Current identification: Diagnostic reagents for laboratory use, namely, for clinical, medical, or forensic laboratory use; chemical preparations for scientific purposes; reagents for chemical analysis; diagnostic kits consisting primarily of monoclonal antibodies, buffers, and reagents to monitor toxicity of drugs; testing kits containing reagents used in analyzing and detecting certain toxins for clinical or medical laboratory use; genetic identity tests comprised of reagents; biochemicals, namely, for in vitro and in vivo scientific use; biomedical compounds, namely, substrates used in analyzing and detecting certain toxins for laboratory or research use; chemical preparations to be used in biochemical and clinical research; diagnostic preparations for laboratory use, namely, for clinical, medical, or forensic laboratory use; test strips for laboratory analysis of blood and other body fluids

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 005:
Current identification: Biological and chemical preparations for medical or veterinary use; reagents and media for veterinary purposes; clinical medical reagents; biological and chemical preparations, namely, antibodies for veterinary use to detect and analyze substances; diagnostic kits for medical or veterinary use, comprised of medical diagnostic reagents and assays for testing blood and other body fluids; diagnostic preparations for medical or veterinary purposes; testing kits comprised of medical diagnostic reagents and assays for testing bodily fluids; medical diagnostic test kits comprised of reagents and assays for testing of body fluids; medical diagnostic and monitoring test strips for use in the detection of a wide variety of diseases and health conditions; test strips for medical analysis of blood and other body fluids; ovulation test kits; biological tissue cultures for medical or veterinary purposes; culture media for cultivating blood cells for medical purposes

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 009:
Current identification: Computer software for healthcare monitoring; computer software for medical diagnostics testing and monitoring and for communicating medical test results to patients and service providers in the medical and healthcare fields; computer software for use in biomonitoring of humans and of animals; computer software for medical monitoring and analysis of medical data; computer software for controlling the operation of medical test equipment and test results; computer software for analysis of body fluids; computer software for communication and data transfer between health care professionals and patients; computer hardware; mobile electronic devices, namely, personal digital assistants, tablet computers, mobile phones, smartphones, and other cellular or wireless communication devices for voice, data or image transmission; portable biomonitoring devices not for medical purposes; electronic publications, namely, downloadable newsletters in the field of medical diagnostic testing, downloadable e-zines, magazines, books, manuals, pamphlets, and journals, all in the fields of healthcare, medicine, personal health and fitness, biomonitoring, medical diagnostics, monitoring and testing; electronic diaries; laboratory apparatus, for use in medical laboratories, for analysis of body fluids and tissue

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 010:
Current identification: Medical devices, namely, portable biomonitoring devices; medical devices, namely, point of care and handheld devices for analysis of drugs, proteins and other substances, and wireless transfer of medical data; medical measuring apparatus, namely, equipment for medical monitoring and analysis of body fluids and tissue; medical measuring apparatus, namely, cartridges for use with therapies or equipment for medical monitoring and analysis of substances; apparatus for blood analysis; apparatus for taking blood samples; blood testing apparatus; apparatus for urine analysis for medical diagnostics, monitoring and reporting; medical diagnostic, monitoring and reporting apparatus for biological tissue or fluid analysis; apparatus for clinical diagnosis; containers especially made for processing blood samples for medical purposes; devices for monitoring blood sugar; electronic diagnostic apparatus, namely, analytic apparatus for the detection of a wide variety of diseases; health monitoring devices, namely, personal medical monitors of blood pressure, pulse, and blood oxygen, blood glucose, blood composition, cholesterol and temperature for monitoring a wide variety of physical conditions and diseases; medical diagnostic apparatus, namely, blood pressure, pulse, and blood oxygen, blood glucose, blood composition, cholesterol and temperature monitors for diagnosing a wide variety of physical conditions and diseases; medical apparatus and instruments for monitoring blood properties; medical devices for obtaining body fluid samples; medical monitors for monitoring a wide variety of physical conditions and diseases, namely individualized, electronic monitors for measuring biochemical, hematological, neurological, pulmonary, muscular and cardiac activity; home or portable monitors for monitoring a wide variety of physical conditions and diseases, namely, individualized, electronic monitors for measuring biochemical, hematological, neurological, pulmonary, muscular and cardiac activity; medical apparatus in the nature of mobile electronic devices, namely, testing, monitoring and reporting devices for medical and healthcare purposes for individualized medicine and healthcare; portable biomonitoring devices for medical purposes

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 035:
Current identification: Administering pharmacy reimbursement programs and services; Administration of patient reimbursement programs; billing; compiling of information into computer databases; management and compilation of computerized databases; medical referrals; physician referrals; medical billing support services; providing an internet-based database of patient medical information designed to facilitate sharing and maintenance of patient medical information between and amongst the patient, insurers and healthcare professionals providing services to the patient

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 036:
Current identification: Insurance claims processing; pharmaceutical benefit management services; pharmacy benefit management services; medical laboratory benefit management services; insurance services, namely, eligibility review and verification provided via an internet-based system for confirming patient identity, eligibility and authorization for health insurance or medicare/medicaid services

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 039:
Current identification: Biomedical services, namely, the storage of human cells for medical use; consulting services in the field of air medical operations in the nature of air medical transport; medical transport services; transportation of medical waste and special waste

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: On-line journals, namely, blogs in the fields of healthcare, medicine, diagnostics and personal health and fitness

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 042:
Current identification: Medical and scientific research services in the fields of blood analysis health care; blood analysis services; chemical laboratories; consulting services in the fields of biotechnology, pharmaceutical research and development, laboratory testing, diagnostics, and pharmacogenetics; genetic testing of laboratory animals for research purposes; biological research; biomedical research; laboratory research in the field of chemistry, biochemistry, biology, health and medicine; laboratory services, namely, pigment and color analysis; laboratory services, namely, imaging core lab services; medical laboratories; medical laboratory services; providing laboratory research services in the field of gene expression, namely, cancer biology; rental of laboratory apparatus and instruments; scientific laboratory services; providing a web site featuring technology that enables patients, physicians, insurers and other healthcare providers to generate, manage and exchange medical information; Software as a Service (SaaS) for medical and disease analysis; veterinary special services, namely, veterinary laboratory services

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 044:
Current identification: Medical evaluation services; medical diagnostic monitoring services; medical monitoring services, namely, monitoring the efficacy of therapy and total patient or consumer health; medical diagnostic testing, monitoring and reporting services; collection and preservation of human and animal blood; consulting services in the field of health; consulting services in the field of diagnostic medical testing; consulting services in the fields of health and healthcare; drug use testing services; drug, alcohol and DNA screening for medical purposes; health assessment services; health care; maintaining patient medical records and files; medical counseling; medical information; medical screening; medical services; medical testing for diagnostic or treatment purposes; providing information in the field of pet health; pet hospital services; providing a web site featuring medical information; providing a website featuring health and healthcare information; internet-based health care information services; providing health information; providing healthcare information; rental of medical equipment; veterinary special services, namely medical diagnostic services, healthcare management services, and emergency and trauma services, all for animals

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 third 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: product or service research or development



A fee payment in the amount of $1500 will be submitted with the form, representing payment for 10 classes.


Declaration

STATEMENTS: The signatory believes that: the applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all the goods/services under Section 1(b) in the notice of allowance or as subsequently modified, or, if applicable, 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 all the goods/services/collective membership organization under Section 1(b) in the notice of allowance or as subsequently modified; and that to the best of the signatory's knowledge and belief, no other persons, except, if applicable, members and concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any resulting registration, declares 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: /Hao Tung/      Date Signed: 10/30/2015
Signatory's Name: Hao Tung
Signatory's Position: In-house Counsel
Signatory's Phone: (650) 470-0535

RAM Sale Number: 85721486
RAM Accounting Date: 11/02/2015

Serial Number: 85721486
Internet Transmission Date: Fri Oct 30 15:50:34 EDT 2015
TEAS Stamp: USPTO/ESU-XX.XXX.XXX.XXX-201510301550345
72781-85721486-5402bd9f01a19cc656480f543
fe15c2f0aadd77563fe213379478f3bec470c62b
c8-DA-2594-20151029232548378965