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: 24 (stylized and/or with design, see http://uspto.report/TM/87831952/mark.png)
SERIAL NUMBER: 87831952

OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Breathe Technologies, Inc., having an address of
      Suite 100
      175 Technology Drive
      Irvine, California 92618
      United States
Proposed: Breathe Technologies, Inc., having an address of
      Suite 100
      175 Technology Drive
      Irvine, California 92618
      United States
      Phone:
      Fax:
      Email: XXXX

The owner 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 03/19/2019.

For International Class 010:
Current identification: Medical devices to treat respiratory and airway disorders in individuals; medical devices, namely, air and oxygen hoses, and tubing connectors, for coupling a patient interface to a ventilator alone in combination with another therapeutic gas source; Respiratory masks for medical purposes and structural parts therefor; cushions for medical respiratory masks and structural parts therefor; nasal pillows for medical respiratory masks and structural parts therefor

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 services in relation to the management of breathing conditions; providing information in relation to the management of breathing conditions

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: product or service research or development

Correspondence Information (current):
      Clay A. Tillack
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@schiffhardin.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

Correspondence Information (proposed):
      Clay A. Tillack
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@schiffhardin.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED


Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).





A fee payment in the amount of $250 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: /Clay A. Tillack/      Date Signed: 03/18/2020
Signatory's Name: Clay A. Tillack
Signatory's Position: Attorney of Record, Illinois Bar Member
Signatory's Phone: 312-258-5758

RAM Sale Number: 87831952
RAM Accounting Date: 03/18/2020

Serial Number: 87831952
Internet Transmission Date: Wed Mar 18 12:13:54 ET 2020
TEAS Stamp: USPTO/ESU-XX.XX.XXX.X-202003181213543951
79-87831952-7109a8f3a6a262772a3e49ed4c10
7c235a0ff219c84ccb79424533e77f35940-CC-1
3528298-20200318112657309149