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: WORX (see, http://uspto.report/TM/88038189/mark.png)
SERIAL NUMBER: 88038189

The applicant, Positec Group Limited, having an address of
      Level 54, Hopewell Centre
      183 Queen's Road East
      Hong Kong Adm. Region, 0
      China
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 08/06/2019.

For International Class 006:
Current identification: Tool boxes of metal, empty; ladders of metal; metal clamps; workbench accessories, namely, metal clamps; replacement parts for the aforesaid goods

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 007:
Current identification: Metalworking machines; woodworking machines, namely, planers, shovels, drills, buffers, routers; cutting machines; power-driven wrenches; electric hammers; power-operated sharpeners; Power-operated tools, namely, buffers; Power tools, namely, routers; Power tools, namely, grinders; Power tools, namely, sanders; Power tools, namely, polishers; Power tools, namely, planers; electric hot air glue guns; impact wrenches; tool grinding machines; oscillating multi-purpose power tool used for sanding, grinding, polishing, sharpening, rasping, sawing, and scraping; Power tools, namely, profile sanders; power-operated spray guns; brushes, electrically operated being parts of machines; bits for power drills; tool bits for machines; power-operated nailing guns; power-operated snow throwers; power operated car polisher; electric glue guns; fans for machine engines; spray guns for paint; pneumatically operated tire inflation machine; Air-operated power tools, namely, impact drills; Air-operated power tools, namely, hammer drills; Pneumatic shears; Power lawn and garden tools, namely, shredders; power-operated jig saws; Power-operated reciprocating saws; Power-operated circular saws; power tool accessories, namely, drill bits for drills; screwdriver bits for power screwdrivers; saw blades for power-operated compact circular saws; sanding paper for power-operated sanders and oscillating multi-purpose tools; cut blade for oscillating multi-purpose power tool used for sanding, grinding, polishing, sharpening, rasping, sawing, and scraping; cutting discs for compact power-operated circular saws; carbide rasps for oscillating multi-purpose power tools used for sanding, grinding, polishing, sharpening, rasping, sawing, and scraping; router bits for power-operated routers; power-operated grinding wheels, power-operated abrasive wheels for angle grinders; sanding sheets for power-operated sanders; polishing pads for power-operated sanders and oscillating multi tools; sanding pads for power-operated sanders and angle grinders; machines and apparatus for cleaning surfaces using high pressure water; floor washing machines; high pressure washers; robotic high pressure washers; swimming pool cleaning machines; robotic swimming pool cleaner machines; tree pruner machines; chain saws; robotic lawnmowers; electric sweepers; power operated brushing machines; vacuum cleaners; robotic cleaners, namely, robotic vacuum cleaners, robotic floor cleaning machines, robotic road sweeping machines, Multi-purpose robotic steam cleaners; brushes for vacuum cleaners; robotic snow throwers; power operated grass trimmers; power operated weed trimmers; robotic grass trimmers; robotic weed trimmer; electric lawn trimmers; robotic lawn trimmer; power-operated lawn and garden string trimmers; robotic lawn and garden string trimmer; robotic watering machines for cleaning surfaces using high pressure water; power-operated garden tool accessories, namely, spools, edging wheels for grass trimmers; bars, chains, extension poles for chain saws; blades for lawnmowers; bags, leaf collection bags, gutter cleaning kits, inflators and air deflators for blowers; nozzles, brushes, soap bottles, water buckets for power-operated pressure cleaners; grass boxes for lawnmowers; hoses for power-operated pressure cleaners

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, namely, combined vice and workbench of metal; bench vices of metal; accessories for hand held tools, namely, drill bits, screwdriver bits, bits for hand drills; bit drivers for hand tools, saw blades, grinding wheels, sanding discs, abrading discs; tool belts, tool holders; vises; clamps

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: Computer application software for mobile phones, namely, software for power operated tools and power operated lawn and garden tools, computer software for power operated tools and power operated lawn and garden tools, computer software applications for power operated tools and power operated lawn and garden tools, software for power operated tools and power operated lawn and garden tools; downloadable software for power operated tools and power operated lawn and garden tools; downloadable mobile applications for power operated tools and power operated lawn and garden tools; application software for smart phones for power operated tools and power operated lawn and garden tools; application software for mobile phones, tablets, laptops and computers for power operated tools and power operated lawn and garden tools; downloadable mobile and computer software for use with power tools and gardening tools, for use as a control system; remote controls for power operated tools and power operated lawn and garden tools; remote control apparatus for power operated tools and power operated lawn and garden tools; software for remote controls for power operated tools and power operated lawn and garden tools; remote control apparatus for garden tools and power tools; audio speakers, radios; lasers for measuring; measuring instrumentation and apparatus, namely, digitizers; carpenter's levels; safety goggles; protective ear covering shields; protective work gloves; gloves for protection against accidents; protective gloves for industrial use; clothing for protection against accidents, irradiation and fire

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 011:
Current identification: LED light bulbs; LED lighting fixtures for indoor and outdoor lighting applications; LED work lights for construction settings; heat guns; electric portable cool boxes; air purifying apparatus and machines; water purifying apparatus and machines; filters for drinking water; water filtering apparatus; electric fans; electrically heated clothing

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: vice benches of metal being furniture

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 035:
Current identification: online retail store services featuring lawn and garden equipment and accessories, garden carts, multipurpose wheeled carriers, hand operated tools and accessories, workbenches and accessories, work support products and accessories, power operated tools and accessories, lighting products, batteries, battery chargers, battery packs, speakers, radios, protective clothing and equipment, measuring instruments and apparatus, purifying and filtering apparatus for water, air purifying apparatus, heat guns, electric fans and cool boxes, and electrically heated clothing

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 037:
Current identification: repair and maintenance services in the fields of lawn and garden equipment and accessories, garden carts, multipurpose wheeled carriers, hand operated tools and accessories, workbenches and accessories, work support products and accessories, power operated tools and accessories, lighting products, batteries, battery chargers, battery packs, speakers, radios, protective clothing and equipment, measuring instruments and apparatus, purifying and filtering apparatus for water, air purifying apparatus, heat guns, electric fans and cool boxes, and electrically heated clothing

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 first extension request.


The applicant's current attorney information: Scot A. Duvall. Scot A. Duvall of MIDDLETON REUTLINGER, is located at

      401 S. FOURTH STREET, SUITE 2600
      LOUISVILLE, Kentucky 40202
      United States
The docket/reference number is ZM981-18249.

The phone number is 502-625-2784.

The fax number is 502-561-0442.

The email address is sduvall@middletonlaw.com

The applicants proposed attorney information: Scot A. Duvall. Scot A. Duvall of MIDDLETON REUTLINGER, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      401 S. FOURTH STREET, SUITE 2600
      LOUISVILLE, Kentucky 40202
      United States
The docket/reference number is ZM981-18249.

The phone number is 502-625-2784.

The fax number is 502-561-0442.

The email address is sduvall@middletonlaw.com

Scot A. Duvall submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: SCOT A. DUVALL. SCOT A. DUVALL of MIDDLETON REUTLINGER, is located at

      401 S. FOURTH STREET, SUITE 2600
      LOUISVILLE, Kentucky 40202
      United States
The docket/reference number is ZM981-18249.

The phone number is 502-625-2784.

The fax number is 502-561-0442.

The email address is sduvall@middletonlaw.com

The applicants proposed correspondence information: SCOT A. DUVALL. SCOT A. DUVALL of MIDDLETON REUTLINGER, is located at

      401 S. FOURTH STREET, SUITE 2600
      LOUISVILLE, Kentucky 40202
      United States
The docket/reference number is ZM981-18249.

The phone number is 502-625-2784.

The fax number is 502-561-0442.

The email address is sduvall@middletonlaw.com


A fee payment in the amount of $1000 will be submitted with the form, representing payment for 8 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: /Scot A. Duvall/      Date Signed: 11/04/2019
Signatory's Name: Scot A. Duvall
Signatory's Position: Attorney of record, Kentucky bar member
Signatory's Phone: 502-625-2784

Mailing Address:
   MIDDLETON REUTLINGER
   
   401 S. FOURTH STREET, SUITE 2600
   LOUISVILLE, Kentucky 40202

RAM Sale Number: 88038189
RAM Accounting Date: 11/04/2019

Serial Number: 88038189
Internet Transmission Date: Mon Nov 04 10:19:43 EST 2019
TEAS Stamp: USPTO/ESU-XX.XX.X.XXX-201911041019437487
28-88038189-7002f305f56b25768776592d64c7
ea9af8638e8a7bdf7fbbf97be9aa96584978a1-C
C-19423235-20191104101415322149