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: XLR8 (stylized and/or with design, see http://uspto.report/TM/88080570/mark.png)
SERIAL NUMBER: 88080570

OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: PNY Technologies, Inc., having an address of
      100 Jefferson Road
      Parsippany, New Jersey 07054
      United States
      Email: XXXX
Proposed: PNY Technologies, Inc., having an address of
      100 Jefferson Road
      Parsippany, New Jersey 07054
      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 10/15/2019.

For International Class 009:
Current identification: Computer hardware for transferring, storing and transporting electronic data between electronic storage devices; Blank flash memory cards; Blank flash drives; Power supplies; Computer peripheral devices, namely, headsets, mice and keyboards

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: Gaming mice; Game controllers in the nature of keyboards for computer games; Gaming headsets adapted for use in playing video games

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

The applicant's current Attorney Information:
      Mark H. Anania      McCarter & English, LLP

      100 Mulberry Street, 4 Gateway Center
      Newark, New Jersey 07102
      United States
      Phone: 973-622-4444
      Fax: 973-624-7070
      The docket/reference number is 062446-00030
      Email: manania@mccarter.com


The applicant's proposed Attorney Information:
      Mark H. Anania      McCarter & English, LLP

      100 Mulberry Street, 4 Gateway Center
      Newark, New Jersey 07102
      United States
      Phone: 973-622-4444
      Fax: 973-624-7070
      The docket/reference number is 062446-00030
      Email: kgarrone@mccarter.com


Correspondence Information (current):
      Mark H. Anania
      PRIMARY EMAIL FOR CORRESPONDENCE: manania@mccarter.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kknoll@mccarter.com

Correspondence Information (proposed):
      Mark H. Anania
      PRIMARY EMAIL FOR CORRESPONDENCE: kgarrone@mccarter.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kknoll@mccarter.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).



MISCELLANEOUS STATEMENTS
A Change Address or Representation Form was filed today to amend Counsel of Record from Mark H. Anania of McCarter & English, LLP to Kelly J. Garrone of McCarter & English, LLP


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: /Gregory Devine/      Date Signed: 04/15/2021
Signatory's Name: Gregory Devine
Signatory's Position: Vice President & General Counsel
Signatory's Phone: 9733074779
Signature method: Sent to third party for signature

Mailing Address:
   McCarter & English, LLP
   
   100 Mulberry Street, 4 Gateway Center
   Newark, New Jersey 07102

PAYMENT: 88080570
PAYMENT DATE: 04/15/2021

Serial Number: 88080570
Internet Transmission Date: Thu Apr 15 14:52:28 ET 2021
TEAS Stamp: USPTO/ESU-XX.XX.XX.XX-202104151452289720
88-88080570-7709dd6af6a5be316b3b314ce925
a64e3bd7e181d989339c37ac5f95f9cfbe4e-DA-
52270121-20210415100715563544