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: LC LOST CREEK FISHING GEAR AND ACCESSORIES (stylized and/or with design)
SERIAL NUMBER: 86529017

The applicant, Sportsman's Warehouse, Inc., having an address of
      7035 High Tech Drive
      Midvale, Utah 84047
      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 04/05/2016.

For International Class 007:
Current identification: Power ice augers used for ice fishing; bags specially adapted for holding and carrying power ice augers used for ice fishing; fitted boat motor covers

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 008:
Current identification: Hand tools for use in tying artificial fishing flies, namely, fishing line cutters, pliers; fishing knives; hand-powered ice augers used for ice fishing; bags specially adapted for holding and carrying hand-powered ice augers used for ice fishing, hand tools in the nature of ice skimmers

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: Pre-recorded DVDs featuring fishing, radios, radio antennas, carrying cases for radios; fish weighing scales; underwater cameras; batteries and battery chargers for boat motors; sonar fish finders

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 012:
Current identification: Boats; fitted boat covers, boat fenders, sleds for ice fishing for transport 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 016:
Current identification: Fishing maps; books featuring fishing; decals, stickers, pictures

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 020:
Current identification: Tables and chairs for use in ice fishing tents

All ITU goods/services in this class are to be deleted or processed according to a separately filed Statement of Use and/or according to a request to divide.


For International Class 022:
Current identification: Ice fishing tents, all-purpose boat straps comprised of synthetic textile materials

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 028:
Current identification: Fishing equipment, namely, rods, downrigger rods, reels, sinkers, bobbers, tippets, lures, lure wraps, floatants, fly line backing, leaders, fishing line, fishing flies, terminal tackle, terminal rigs, artificial fishing bait, ice fishing rod holders, stringers; fishing rod cases, fishing reel cases, grips for fishing reels, fishing rod racks, fishing fly boxes, fishing tackle boxes, fishing tackle bags; inflatable hammocks for recreational use in water, ice fishing strike indicator; inflatable float tubes for fishing; clam guns; sleds for ice fishing for recreational use; fitted downrigger covers

All ITU goods/services in this class are to be deleted or processed according to a separately filed Statement of Use and/or according to a request to divide.


The applicant has submitted a Request to Divide in paper or is filing a Request to Divide as part of the TEAS Allegation of Use form. This is the first extension request.

A Statement of Use has already been submitted or is being submitted along with the Extension request as evidence that applicant believes that it has made valid use of the mark in commerce.   If the USPTO finds the Statement of Use to be fatally defective, the applicant requests additional time to file an amended or substitute Statement of Use.



A fee payment in the amount of $900 will be submitted with the form, representing payment for 6 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: /Garrett Weber/      Date Signed: 10/04/2016
Signatory's Name: Garrett M. Weber
Signatory's Position: Attorney of Record (MN)
Signatory's Phone: 612-371-3296

RAM Sale Number: 86529017
RAM Accounting Date: 10/04/2016

Serial Number: 86529017
Internet Transmission Date: Tue Oct 04 11:43:20 EDT 2016
TEAS Stamp: USPTO/ESU-XXX.XXX.XXX.XXX-20161004114320
110730-86529017-570aeef52b7ddbc24aee2442
b4ee3c87eaecaa4f9fb1d50d68eb34bae2d92-DA
-8853-20161003172558008583