Extension of Time to File SOU

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1581 (Rev 09/2005)

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

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1581 (Rev 09/2005)

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

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

To the Commissioner for Trademarks:

MARK: PERFORMA
SERIAL NUMBER: 86075742

The applicant, ROCHE DIABETES CARE GMBH, having an address of
      Sandhofer Strasse 116
      68305 Mannheim,
      Germany
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 03/04/2014.

For International Class 005:
Current identification: Diagnostic test strips for determining the levels of glucose in blood; control solutions used for quality checks on blood glucose monitors and diagnostic test strips, all for use by individuals with diabetes for medical diagnostic purposes and for use by hospitals

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: Blood glucose monitors, blood glucose monitoring kit consisting of a blood glucose monitor, diagnostic test strips, lancets and control solutions, all for use by individuals with diabetes for medical diagnostic purposes and for use by hospitals

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 fifth 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: "The applicant believes that it has made valid use of the mark in commerce, and is in the process of preparing (or is concurrently filing) a Statement of Use (SOU), but that if the USPTO finds the SOU to be fatally defective, the applicant will need additional time to file a new SOU."



A fee payment in the amount of $300 will be submitted with the form, representing payment for 2 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: /dmy/      Date Signed: 09/02/2016
Signatory's Name: D. Michael Young
Signatory's Position: Attorney of record, Indiana bar member
Signatory's Phone: 317-521-7340

RAM Sale Number: 86075742
RAM Accounting Date: 09/06/2016

Serial Number: 86075742
Internet Transmission Date: Fri Sep 02 16:02:30 EDT 2016
TEAS Stamp: USPTO/ESU-XXX.XX.XXX.XXX-201609021602301
55947-86075742-550e3adb1a7eebb57b0f345b6
34bae3c7b42274f2c4fb25e2dce08e319d3ab4-D
A-3240-20160902154811814056