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 12/31/2020)

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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 12/31/2020)

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

To the Commissioner for Trademarks:

MARK: HYSTEROLUX
SERIAL NUMBER: 87400476

The applicant, Covidien LP, having an address of
      15 Hampshire Street
      Mansfield, Massachusetts 02048
      United States
      203-492-5729
      203-492-5784
      XXXX (authorized)
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 10/03/2017.

For International Class 010:
Current identification: Surgical devices and instruments; surgical instruments and apparatus; surgical and medical instruments for cutting and removing tissue; surgical and medical apparatus and instruments for use in hysteroscopic surgery; surgical and medical apparatus and instruments for use in gynecological surgery; surgical devices and instruments for use in fluid management; displays, monitors and controllers for medical fluid injectors, namely, computer displays and computer monitors and controllers therefor used in direct association with medical diagnosis apparatus; medical diagnostic instruments for the analysis of body fluids; medical apparatus and instruments for diagnostic hysteroscopic use

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 second 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 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 $125 will be submitted with the form, representing payment for 1 class.


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: /Thomas C. Hughes/      Date Signed: 08/15/2018
Signatory's Name: Thomas C. Hughes
Signatory's Position: Vice President
Signatory's Phone: 2034925744

RAM Sale Number: 87400476
RAM Accounting Date: 08/15/2018

Serial Number: 87400476
Internet Transmission Date: Wed Aug 15 10:59:24 EDT 2018
TEAS Stamp: USPTO/ESU-XXX.XX.XXX.X-20180815105924465
184-87400476-6106ca87e32181b22e8824410a7
122382d61aa0e6b11dcf693fef9b98f87c948c72
-DA-7690-20180815102013188450