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
      Email: XXXX
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

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.


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.


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 second 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 ; market research ; promotional activities

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):
      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 $625 will be submitted with the form, representing payment for 5 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: 10/15/2020
Signatory's Name: Brendan P. McFeely
Signatory's Position: Attorney of record, New York Bar member
Signatory's Phone: 2125416222

RAM Sale Number: 88103362
RAM Accounting Date: 10/15/2020

Serial Number: 88103362
Internet Transmission Date: Thu Oct 15 15:53:20 ET 2020
TEAS Stamp: USPTO/ESU-XX.XXX.XXX.XX-2020101515532026
0529-88103362-750a9f93c12ddd2672fbd726e1
138291440c88f6a7bcf484beef659b91c7a3c154
5-CC-53188633-20201015143535732453