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: HT2 (stylized and/or with design, see http://uspto.report/TM/88186775/mark.png)
SERIAL NUMBER: 88186775

The applicant, Otsuka America Pharmaceutical, Inc., having an address of
      2440 Research Blvd.
      Rockville, Maryland 20850
      United States
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 06/04/2019.

For International Class 009:
Current identification: Downloadable mobile application enabling users to enter, access, track and monitor health, medical, diet, exercise and rest information and reports

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 041:
Current identification: Educational services, namely, conducting educational programs and providing courses about mental health and wellness, diet, exercise, and rest

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 042:
Current identification: Providing a website featuring on-line non-downloadable software that enables users to enter access, track, monitor and generate health, medical, diet, exercise and rest information, records and electronic reports

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 044:
Current identification: Providing an Internet website portal featuring users' information in the field of health, medical, diet, exercise and rest information, records and electronic reports in those areas

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 first extension request.


The applicant's current attorney information: B. Brett Heavner. B. Brett Heavner of FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LL, is located at

      901 NEW YORK AVENUE, NW
      WASHINGTON, District of Columbia 20001
      United States
The docket/reference number is 09743.0108.

The phone number is 202-408-4000.

The fax number is 202-408-4400.

The email address is docketing@finnegan.com

The applicants proposed attorney information: B. Brett Heavner. Other appointed attorneys are each of the other attorneys of FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER LLP. B. Brett Heavner of FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LL, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      901 NEW YORK AVENUE, NW
      WASHINGTON, District of Columbia 20001
      United States
The docket/reference number is 09743.0108.

The phone number is 202-408-4000.

The fax number is 202-408-4400.

The email address is docketing@finnegan.com

B. Brett Heavner submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: B. BRETT HEAVNER. B. BRETT HEAVNER of FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LL, is located at

      901 NEW YORK AVENUE, NW
      WASHINGTON, District of Columbia 20001
      United States
The docket/reference number is 09743.0108.

The phone number is 202-408-4000.

The fax number is 202-408-4400.

The email address is docketing@finnegan.com

The applicants proposed correspondence information: B. BRETT HEAVNER. B. BRETT HEAVNER of FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LL, is located at

      901 NEW YORK AVENUE, NW
      WASHINGTON, District of Columbia 20001
      United States
The docket/reference number is 09743.0108.

The phone number is 202-408-4000.

The fax number is 202-408-4400.

The email address is docketing@finnegan.com


A fee payment in the amount of $500 will be submitted with the form, representing payment for 4 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: /Steven J. Weisel/      Date Signed: 12/04/2019
Signatory's Name: Steven J. Weisel
Signatory's Position: Vice President & General Counsel
Signatory's Phone: 240-683-3054

Mailing Address:
   FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LL
   
   901 NEW YORK AVENUE, NW
   WASHINGTON, District of Columbia 20001

RAM Sale Number: 88186775
RAM Accounting Date: 12/04/2019

Serial Number: 88186775
Internet Transmission Date: Wed Dec 04 14:40:27 EST 2019
TEAS Stamp: USPTO/ESU-XX.XXX.X.X-2019120414402781579
6-88186775-700e82dd575998ffbf6a8b7285d43
24a9ac919fb3458292aa42f8feecc2fb17b213-C
C-40268497-20191204133332964617