Extension of Time to File SOU

PTO- 1581

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1581

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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

To the Commissioner for Trademarks:

MARK: XERO (see, http://uspto.report/TM/87906558/mark.png)
SERIAL NUMBER: 87906558

OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Garmin Switzerland GmbH, having an address of
      Mühlentalstrasse 2
      Schaffhausen, 8200
      Switzerland
      Email: XXXX
Proposed: Garmin Switzerland GmbH, having an address of
      Mühlentalstrasse 2
      Schaffhausen, 8200
      Switzerland
      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 009:
Current identification: Spotting scopes for guns; telescopic sights for guns; measuring and sighting apparatus for guns and weapons, namely, scopes, illuminated scopes, spotting scopes, optical or telescopic lens sights for use with guns, air guns, rifles, air rifles, pistols, air pistols or crossbows; tactical laser sights; laser pointing devices for use with guns, air guns, rifles, air rifles, pistols, air pistols or crossbows; laser distance meters; shotgun radar for use with guns, air guns, rifles, air rifles, pistols, air pistols or crossbows; training apparatus for sport, hunting, archery, firearms, and weapons using sensors and software for improving shooting skills; telescopes for marine, land or astronomy use; binoculars; monoculars; night vision monoculars, binoculars, telescopes and rifle scopes; spyglasses; lasers not for medical use; telemeters; compasses; range finders for use with guns, air guns, rifles, air rifles, pistols, air pistols or crossbows for sport, hunting, archery, firearms, and weapons; range finders for cameras; game cameras; Global positioning systems (GPS) incorporating smartwatches; computer application software for mobile phones for sport, hunting, archery and firearms for data storage, data logging, and data communication; downloadable computer software applications for sport, hunting, archery and firearms for data storage, data logging, and data communication; cases for the above-named goods; protective lens covers for optical or telescopic sights for guns, air guns, rifles, air rifles, pistols, air pistols or crossbows; lens caps for riflescopes; tripods for telescopes, spotting scopes, binoculars, rangefinders and cameras; and parts and fittings 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 013:
Current identification: Mounting parts for attaching scopes, sights, or range finders to guns, air guns, rifles, air rifles, pistols or air pistols

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: Mounting parts for attaching scopes, sights, or range finders to crossbows

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 fourth 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):
      David V. Ayres
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@garmin.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

Correspondence Information (proposed):
      David V. Ayres
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@garmin.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 $375 will be submitted with the form, representing payment for 3 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: /David V Ayres/      Date Signed: 03/08/2021
Signatory's Name: David V. Ayres
Signatory's Position: Attorney of record, Kansas bar member
Signatory's Phone: 9133978200
Signature method: Sent to third party for signature

PAYMENT: 87906558
PAYMENT DATE: 03/08/2021

Serial Number: 87906558
Internet Transmission Date: Mon Mar 08 14:41:03 ET 2021
TEAS Stamp: USPTO/ESU-XXX.XX.XXX.XX-2021030814410357
3910-87906558-7706dac10bd6b1e1f99fa316f5
c0fce5b6b2254af551dba7bee4c9ef8c3a92cb5-
DA-41023161-20210308135511139872