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: CAR GUARD (see, http://uspto.report/TM/88170005/mark.png)
SERIAL NUMBER: 88170005

OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Vivint, Inc., having an address of
      4931 North 300 West
      Provo, Utah 84604
      United States
Proposed: Vivint, Inc., having an address of
      4931 North 300 West
      Provo, Utah 84604
      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 05/21/2019.

For International Class 009:
Current identification: Electronic communication device comprising of hardware and software for use in transmitting automotive diagnostics data to mobile phones, mobile tablet computers, handheld wireless devices and smart automated devices; Electronic communication and diagnostic device comprising of hardware and software for use with mobile telephone device and smart device used to retrieve and transmit real-time data from a vehicles on-board computer as well as read and clear trouble codes associated with the check engine light and vehicle performance data, including engine speed, ignition time, fuel correction, fuel consumption, coolant temperature; Electrical and scientific apparatus, namely, an electrical locating device, electrical communication apparatus and computer software for use in vehicle used to track vehicles, and maintaining data concerning vehicles and transmitting data and location of vehicle to mobile phones, mobile tablet computers, handheld wireless devices and smart automated devices; GPS vehicle tracking devices; downloadable software in the nature of a mobile application, namely, software for locating vehicle, communicating with smart devices and retrieving vehicle diagnostic data; Computer application software for mobile phones, portable media players, handheld computers and related mobile devices, namely, software that allows users to communicate with smart devices, retrieve vehicle diagnostic data and retrieve vehicle location; computer hardware and software system for monitoring the distance between a mobile communications device and an electronic tracking device and for sending communications via radio frequency; Computer software platforms for enabling proximity detection and vehicle diagnostic code reading and connectivity with mobile devices, electronic devices in automobiles, connected electronic devices and smart devices; computer software and hardware for wirelessly connecting automobiles, devices, electronic apparatus and systems to smart devices for remote monitoring and control

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 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: 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):
      JOHN C. STRINGHAM
      PRIMARY EMAIL FOR CORRESPONDENCE: jstringham@wnlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docketing@wnlaw.com

Correspondence Information (proposed):
      John C. Stringham
      PRIMARY EMAIL FOR CORRESPONDENCE: jstringham@wnlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docketing@wnlaw.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: /John C. Stringham/      Date Signed: 05/20/2020
Signatory's Name: John C. Stringham
Signatory's Position: Attorney for Applicant, Utah Bar Member
Signatory's Phone: 8015339800

RAM Sale Number: 88170005
RAM Accounting Date: 05/20/2020

Serial Number: 88170005
Internet Transmission Date: Wed May 20 16:55:55 ET 2020
TEAS Stamp: USPTO/ESU-XX.XXX.XX.XXX-2020052016555502
8993-88170005-710262e2249892d28058c96b07
a5e93454216d915cdb00f1169f8cf29dccaf3a-C
C-55535660-20200520141355215184