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: NEXLIZET (see, http://uspto.report/TM/88145092/mark.png)
SERIAL NUMBER: 88145092

OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Esperion Therapeutics, Inc., having an address of
      Suite 150
      3891 Ranchero Drive
      Ann Arbor, Michigan 48108
      United States
      Email: XXXX
Proposed: Esperion Therapeutics, Inc., having an address of
      Suite 150
      3891 Ranchero Drive
      Ann Arbor, Michigan 48108
      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 04/30/2019.

For International Class 005:
Current identification: pharmaceutical preparations for the treatment of metabolic disease

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: The applicant believes that it has made valid use of the mark in commerce, and 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):
      Jessica L. Rothstein
      PRIMARY EMAIL FOR CORRESPONDENCE: NY-TM-Admin@goodwinprocter.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jrothstein@goodwinlaw.com; sallirampersad@goodwinlaw.com

Correspondence Information (proposed):
      Jessica L. Rothstein
      PRIMARY EMAIL FOR CORRESPONDENCE: NY-TM-Admin@goodwinprocter.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jrothstein@goodwinlaw.com; sallirampersad@goodwinlaw.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: /Richard Bartram/      Date Signed: 07/28/2020
Signatory's Name: Richard Bartram
Signatory's Position: Chief Financial Officer
Signatory's Phone: 734-887-3913

RAM Sale Number: 88145092
RAM Accounting Date: 07/28/2020

Serial Number: 88145092
Internet Transmission Date: Tue Jul 28 22:14:33 ET 2020
TEAS Stamp: USPTO/ESU-XX.XXX.XX.XX-20200728221433922
272-88145092-7401eebb3275652462e79ed4fd4
fbf9448e83b46bed5d4dadcd7d1d8479ba4aae-C
C-14325659-20200728153553067140