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: SYMPHEOS (see, http://uspto.report/TM/87948687/mark.png)
SERIAL NUMBER: 87948687

OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Abbott Laboratories, having an address of
      100 Abbott Park Road
      Abbott Park, Illinois 60064
      United States
      Phone: 224-667-5121
      Fax: 224-667-7052
      Email: XXXX
Proposed: Abbott Laboratories, having an address of
      100 Abbott Park Road
      Abbott Park, Illinois 60064
      United States
      Phone: 224-667-5121
      Fax: 224-667-7052
      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 07/09/2019.

For International Class 001:
Current identification: Control and calibrating reagents for medical diagnostic instruments; control and calibrating reagents for laboratory instruments used for in vitro diagnostic testing and/or analysis; diagnostic reagents for scientific or medical research use; diagnostic test kits consisting primarily of monoclonal antibodies, antigens, buffers, assay components and reagents for scientific or medical laboratory 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.


For International Class 005:
Current identification: Biological reagents and chemical reagents for medical purposes; medical diagnostic assays for testing of bodily fluids and tissue in the detection, monitoring, and/or prediction of disease or other conditions, disease states, hormone level, drug level, drug response, organ function effectiveness, and/or clinical response; diagnostic preparations for medical purposes; diagnostic test kits comprised of medical diagnostic reagents and assays for testing in the field of medical diagnostics

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: Research and commercial laboratory analyzers for measuring, testing and analyzing blood, bodily fluids and/or tissue; Laboratory instruments for in vitro diagnostic testing and/or analysis; Laboratory equipment for use in the field of medical diagnostics, namely, laboratory test and collection kits used in connection with in vitro diagnostics consisting of test tubes and microscope slides; Molecular diagnostic systems for the detection, quantitation, identification and functional analysis of nucleic acids, genetic materials, infectious agents and/or pathogens consisting of sequencers, spectrometers, sensors and computers; Automated clinical molecular instruments in the nature of sequencers, spectrometers, sensors and computers; Laboratory instruments for microbial screening and identification; Laboratory apparatus for genotyping, gene expression analysis, molecular imaging, and DNA sequence analysis; Laboratory test and collection kits used in connection with in vitro diagnostics comprising test tubes; Molecular diagnostic systems comprised of sequencers, spectrometers, sensors and computers, for analysis of nucleic acid sequences, nucleic acids, genetic materials, infectious agents or pathogens; automated clinical molecular laboratory instruments, namely, homogenizers; laboratory sample extraction instruments; laboratory instruments for microbial screening and identification; laboratory apparatus, namely, molecular diagnostic sensors for analysis of nucleic acid sequences, nucleic acids, genetic materials, infectious agents and/or pathogens; Data management and laboratory automation computer programs for use in the field of medical diagnostics; Computer hardware and software for use in the field of medical diagnostics; Data management software for medical diagnostic instruments; Data management software for hematology analyzers, clinical chemistry analyzers, immunoassay analyzers and blood screening instruments; Computer software and hardware for medical diagnostic instruments; Computer software and hardware for hematology analyzers, clinical chemistry analyzers, immunoassay analyzers and blood screening instruments; Computer software and hardware for managing interface between medical diagnostic laboratory instruments; Computer software and hardware for managing medical diagnostic laboratory workflow; Laboratory information management software and hardware for use in the field of medical diagnostics; Computer software and hardware for monitoring medical diagnostic instruments; Computer software and hardware for monitoring laboratory diagnostic instruments; Computer software and hardware for troubleshooting regarding medical diagnostic instruments; Computer software and hardware for troubleshooting regarding laboratory diagnostic instruments; Computer software for processing diagnostic medical testing data; Computer hardware and software for use in medical diagnostic testing; Computer hardware and software for remote monitoring of in vitro diagnostic instruments; Computer software and hardware for identification and analysis of nucleic acid sequences, nucleic acids for pathogen identity, drug resistance characteristics and forensic profiles; Computer software for front-end processing, instrument control, data analysis and reporting for molecular diagnostic instruments; Electronic publications, namely, instruction sheets and manuals for in vitro diagnostic instruments, laboratory automation systems recorded on computer media, and related software

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: Hematology analyzers for medical diagnostic use; clinical chemistry analyzers for medical diagnostic use in testing bodily fluids; immunoassay analyzers for medical diagnostic use; blood screening instruments for medical use; medical diagnostic instruments for in vitro diagnostic testing and/or analysis; molecular diagnostic instruments for the analysis of body fluids; medical diagnostic instruments, namely, sample handlers, sample preparation equipment, equipment for testing bodily fluids for medical diagnosis; specimen collection kits used in connection with in vitro diagnostics comprising sample collection tubes all for medical 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.


For International Class 041:
Current identification: Providing a website featuring non-downloadable instruction sheets and operating manuals for in vitro diagnostic instruments, laboratory automation systems, and related software

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 042:
Current identification: Providing technical support services regarding in vitro diagnostic laboratory instruments, laboratory automation systems, and related software and hardware, namely, troubleshooting in the nature of diagnosing problems with medical equipment; Providing technical support, namely, troubleshooting of problems in the field of laboratory software in the field of in vitro diagnostics; Providing remote electronic troubleshooting services in the nature of diagnosing problems with medical diagnostic instruments and software for laboratories in the field of in vitro diagnostics; Providing operational monitoring services for laboratory equipment in the field of in vitro diagnostics; Remote monitoring of medical diagnostic laboratory systems to ensure proper functioning; Providing remote electronic monitoring of in vitro diagnostic equipment and laboratory automation systems to ensure proper functioning; Platform as a service (PAAS) featuring computer platform for laboratory and diagnostic equipment information management, monitoring and analysis in the field of in vitro diagnostics; Software as a service (SAAS) services featuring software for use in managing data and information in the field of medical diagnostics

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 third 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):
      Michele H. Bowman
      PRIMARY EMAIL FOR CORRESPONDENCE: michele.bowman@abbott.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@abbott.com

Correspondence Information (proposed):
      Michele H. Bowman
      PRIMARY EMAIL FOR CORRESPONDENCE: michele.bowman@abbott.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@abbott.com


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 $750 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: /Michele H. Bowman/      Date Signed: 12/17/2020
Signatory's Name: Michele H. Bowman
Signatory's Position: Attorney of Record, Illinois Bar Member
Signatory's Phone: 224-667-5121

RAM Sale Number: 87948687
RAM Accounting Date: 12/17/2020

Serial Number: 87948687
Internet Transmission Date: Thu Dec 17 16:03:01 ET 2020
TEAS Stamp: USPTO/ESU-XXX.XX.XX.XXX-2020121716030100
0755-87948687-7508c7cfb43a25942d71b782a3
132b4ab6137d8fd20aa8066ee38aebdb885a3e86
b-DA-03003528-20201216162233682353