Extension of Time to File SOU

PTO- 1581

Approved for use through 12/31/2020. 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 12/31/2020. 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: BYFAVO (see, http://uspto.report/TM/88099395/mark.png)
SERIAL NUMBER: 88099395

OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: ACACIA PHARMA LIMITED, having an address of
      THE OFFICER'S MESS, ROYSTON ROAD,
      DUXFORD
      CAMBRIDGE, CB224QH
      United Kingdom
      Email: XXXX
Proposed: ACACIA PHARMA LIMITED, having an address of
      THE OFFICER'S MESS, ROYSTON ROAD,
      DUXFORD
      CAMBRIDGE, CB224QH
      United Kingdom
      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 10/01/2019.

For International Class 005:
Current identification: Pharmaceutical preparations for use in sedation, general sedation, procedural sedation, intensive care medicine sedation, moderate sedation and conscious sedation; pharmaceutical preparations for use as a general anesthetic; pharmaceutical anesthetic preparations for use in the field of anesthesia; anesthetics; anesthetic preparations; sedatives; pharmaceutical preparations to facilitate sedation or anesthesia for dental surgery; pharmaceutical preparations to facilitate sedation for colonoscopy, bronchoscopy and gastroenterological procedures; pharmaceutical sedative preparations for use in the field of sedation or anesthesia in intensive care medicine; pharmaceutical preparations for use for sedation and anesthesia in the fields of cardiology, radiology, vascular surgery, emergency medicine, outpatient surgeries, dermatology, plastic surgery and orthopaedics; pharmaceutical preparations for use for sedation and anesthesia in the diagnosis or treatment of skin and soft tissue injuries or disorders; pharmaceutical preparations for use for sedation and anesthesia in surgical procedures of the skin and soft tissue; pharmaceutical preparations for the treatment of pain; pharmaceutical preparations for the induction of sedation, anxiety relief, and pain relief during therapeutic and diagnostic procedures; pharmaceutical preparations for the induction of sedation, anxiety relief, and pain relief during surgery; pharmaceutical sedative and anesthetic preparations for use in colonoscopy, bronchoscopy and gastroenterological procedures; pharmaceutical sedative and anesthetic preparations for use in endoscopy, colonoscopy, sigmoidoscopy, anoscopy, rectoscopy and proctoscopy; pharmaceutical sedative and anesthetic preparations for use in surgical procedures; pharmaceutical sedative and anesthetic preparations for use in the following procedures: cardiac catherization, interventional radiology, endovascular procedures, peripheral angioplasty, cardiac defibrillator, implantation of peripheral stents and pacemakers, adjustment of peripheral stents and pacemakers, removal of peripheral stents and pacemakers, dermatologic procedures and oral surgery

This filing does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified; these goods/services are either being permanently deleted or included in a separately filed Statement of Use with a Request to Divide: pharmaceutical preparations for use as a general anesthetic; pharmaceutical anesthetic preparations for use in the field of anesthesia; anesthetics; anesthetic preparations; pharmaceutical preparations for the treatment of pain

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: pharmaceutical preparations for use in sedation, general sedation, procedural sedation, intensive care medicine sedation, moderate sedation and conscious sedation; sedatives; pharmaceutical preparations to facilitate sedation or anesthesia for dental surgery; pharmaceutical preparations to facilitate sedation for colonoscopy, bronchoscopy and gastroenterological procedures; pharmaceutical sedative preparations for use in the field of sedation or anesthesia in intensive care medicine; pharmaceutical preparations for use for sedation and anesthesia in the fields of cardiology, radiology, vascular surgery, emergency medicine, outpatient surgeries, dermatology, plastic surgery and orthopaedics; pharmaceutical preparations for use for sedation and anesthesia in the diagnosis or treatment of skin and soft tissue injuries or disorders; pharmaceutical preparations for use for sedation and anesthesia in surgical procedures of the skin and soft tissue; pharmaceutical preparations for the induction of sedation, anxiety relief, and pain relief during therapeutic and diagnostic procedures; pharmaceutical preparations for the induction of sedation, anxiety relief, and pain relief during surgery; pharmaceutical sedative and anesthetic preparations for use in colonoscopy, bronchoscopy and gastroenterological procedures; pharmaceutical sedative and anesthetic preparations for use in endoscopy, colonoscopy, sigmoidoscopy, anoscopy, rectoscopy and proctoscopy; pharmaceutical sedative and anesthetic preparations for use in surgical procedures; pharmaceutical sedative and anesthetic preparations for use in the following procedures: cardiac catherization, interventional radiology, endovascular procedures, peripheral angioplasty, cardiac defibrillator, implantation of peripheral stents and pacemakers, adjustment of peripheral stents and pacemakers, removal of peripheral stents and pacemakers, dermatologic procedures and oral surgery

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: The applicant believes that it has made valid use of the mark in commerce, and is in the process of preparing (or is concurrently filing) a Statement of Use (SOU), but that if the USPTO finds the SOU to be fatally defective, the applicant will need additional time to file a new SOU.

A Statement of Use has already been submitted or is being submitted along with the Extension request as evidence that applicant believes that it has made valid use of the mark in commerce.   If the USPTO finds the Statement of Use to be fatally defective, the applicant requests additional time to file an amended or substitute Statement of Use.

Correspondence Information (current):
      Jeffrey H. Greene
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@cooley.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mmurphy@cooley.com

Correspondence Information (proposed):
      Jeffrey H. Greene
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@cooley.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mmurphy@cooley.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 $125 will be submitted with the form, representing payment for 1 class.


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: /Gabriel Fox/      Date Signed: 02/25/2021
Signatory's Name: Gabriel Fox
Signatory's Position: Director
Signatory's Phone: 000-000-0000
Signature method: Sent to third party for signature

PAYMENT: 88099395
PAYMENT DATE: 02/25/2021

Serial Number: 88099395
Internet Transmission Date: Thu Feb 25 08:06:38 ET 2021
TEAS Stamp: USPTO/ESU-XX.XX.XX.XXX-20210225080638390
441-88099395-770855373b4a988cb43501afeaf
57fdc82fb4605e88964cbb86542fb7f9fa26d-DA
-06364693-20210223183444137754