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: DYNEX (see, http://uspto.report/TM/88103362/mark.png)
SERIAL NUMBER: 88103362

OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Black Diamond Equipment, Ltd., having an address of
      2084 E. 3900 South
      Salt Lake City, Utah 84124
      United States
Proposed: Black Diamond Equipment, Ltd., having an address of
      2084 E. 3900 South
      Salt Lake City, Utah 84124
      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 006:
Current identification: Mountaineering and climbing safety equipment, namely, crampons; high strength polyethylene fibers sold as a component feature of crampons

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: Mountaineering and climbing safety equipment, namely, climbing helmets; high strength polyethylene fibers sold as a component feature of climbing helmets

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 018:
Current identification: Straps for trekking poles; high strength polyethylene fibers sold as a component feature of straps for trekking poles

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 022:
Current identification: Tents; high strength polyethylene fibers sold as a component feature of tents; mountaineering and climbing safety equipment, namely, ropes; high strength polyethylene fibers sold as a component feature of ropes

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 024:
Current identification: Sleeping bags; high strength polyethylene fibers sold as a component feature of sleeping bags

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 025:
Current identification: Outdoor clothing intended for skiing, climbing, mountaineering, and other outdoor sports, in particular parkas, shell jackets and pants; high strength polyethylene fibers sold as a component feature of parkas, shell jackets and pants, all intended for skiing, climbing, mountaineering, and other outdoor sports; footwear; high strength polyethylene fibers sold as an component feature of footwear

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: Mountaineering and climbing equipment, namely, climber slings, climber harnesses, climber sewn webbing, and cams in the nature of spring loaded camming devices; high strength polyethylene fibers sold as component feature of mountaineering and climbing equipment in the nature of climber slings, climber harnesses, climber sewn webbing and cams in the nature of spring loaded camming devices; backpacks and bags specially adapted for skiing, climbing and mountaineering; high strength polyethylene fibers sold as component feature of backpacks and bags specially adapted for skiing, climbing and mountaineering

All ITU goods/services in this class are to be deleted or processed according to a separately filed Statement of Use and/or according to a request to divide.


The applicant has submitted a Request to Divide in paper or is filing a Request to Divide as part of the TEAS Allegation of Use form. This is the first extension request.

The applicant's current Attorney Information:
      Brendan P. McFeely      Kane Kessler, P.C.

      666 Third Avenue
      New York, New York 10017
      United States
      Phone: 212-541-6222
      Fax: 212-245-3009
      The docket/reference number is 5098-39
      Email: Trademark@kanekessler.com


The applicant's proposed Attorney Information:
      Brendan P. McFeely      Kane Kessler, P.C.

      666 3rd Avenue
      New York, New York 10017
      United States
      Phone: 212-541-6222
      Fax: 212-245-3009
      The docket/reference number is 5098-39
      Email: Trademark@kanekessler.com


Correspondence Information (current):
      Brendan P. McFeely
      PRIMARY EMAIL FOR CORRESPONDENCE: Trademark@kanekessler.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

Correspondence Information (proposed):
      Brendan P. McFeely
      PRIMARY EMAIL FOR CORRESPONDENCE: Trademark@kanekessler.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 $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: /brendan p mcfeely/      Date Signed: 04/15/2020
Signatory's Name: Brendan P. McFeely
Signatory's Position: Attorney of record, New York Bar member
Signatory's Phone: 212-541-6222

Mailing Address:
   Kane Kessler, P.C.
   
   666 3rd Avenue
   New York, New York 10017

RAM Sale Number: 88103362
RAM Accounting Date: 04/15/2020

Serial Number: 88103362
Internet Transmission Date: Wed Apr 15 15:29:27 ET 2020
TEAS Stamp: USPTO/ESU-XX.XX.XXX.XXX-2020041515292744
0389-88103362-710faf4d66c8fb4da215036d3b
c6f8e3ca66f89555975a6d1552c7bb3e0f9b9eb-
CC-29257060-20200415113450677555