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: LJOMI (see, http://uspto.report/TM/88217389/mark.png)
SERIAL NUMBER: 88217389

The applicant, Vive Health, LLC, having an address of
      8955 Fontana Del Sol Way
      Naples, Florida 34109
      United States
      8015339800
      XXXX (authorized)
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 06/11/2019.

For International Class 003:
Current identification: Aloe vera gel for cosmetic purposes; Aloe vera preparations for cosmetic purposes; Anti-wrinkle cream; Eye cream; Eye gels; Facial cleansers; Facial masks; Facial moisturizers; Retinol cream for cosmetic purposes; Skin toners; Sunscreen preparations; Anti-aging creams; Anti-aging moisturizer; Beauty serums; Non-medicated balms for use on heels; Non-medicated exfoliating preparations for the skin and face; Non-medicated foot cream; Non-medicated skin care preparations, namely, creams, lotions, gels, toners, cleaners and peels; Non-medicated skin care preparations, namely, cosmetic creams to reduce the appearance of scars; Skin moisturizer; Skin care preparations, namely, chemical peels for skin

This filing does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified; these goods/services are either being permanently deleted or included in a separately filed Statement of Use with a Request to Divide: Aloe vera gel for cosmetic purposes; Aloe vera preparations for cosmetic purposes

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: Anti-wrinkle cream; Eye cream; Eye gels; Facial cleansers; Facial masks; Facial moisturizers; Retinol cream for cosmetic purposes; Skin toners; Sunscreen preparations; Anti-aging creams; Anti-aging moisturizer; Beauty serums; Non-medicated balms for use on heels; Non-medicated exfoliating preparations for the skin and face; Non-medicated foot cream; Non-medicated skin care preparations, namely, creams, lotions, gels, toners, cleaners and peels; Non-medicated skin care preparations, namely, cosmetic creams to reduce the appearance of scars; Skin moisturizer; Skin care preparations, namely, chemical peels for skin

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.

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.


The applicant's current attorney information: David P. Johnson. David P. Johnson of Workman Nydegger, is located at

      Suite 1000
      60 E South Temple
      Salt Lake City, Utah 84111
      United States
The docket/reference number is 22047.30.

The phone number is 8015339800.

The fax number is 8013281707.

The email address is docketing@wnlaw.com

The applicants proposed attorney information: David P. Johnson. Other appointed attorneys are John C. Stringham, Thomas R. Vuksinick, Jonathan W. Richards, John M. Guynn, Dana L. Tangren, Robyn L. Phillips, David R. Todd, David B. Dellenbach, Adrian J. Lee, Fraser D. Roy, Carl T. Reed, Peter F. Malen, Jens C. Jenkins, Michael J. Frodsham, J. LaVar Oldham, Matthew A. Barlow, Chad E. Nydegger, Shane K. Jensen, Matthew D. Todd, Tom M. Bonacci, Dustin Howell, Timothy D. Nichols, Kirk C. Coombs, Justin J. Cassell, W. Brad Barger, James W. McConkie, Roger J. McConkie, Charles A. Meeker, Stirling D. Fillmore, Logan B. Christenson, Gerrit C. Winkel, J. Paul Norton, Brittany Frandsen, Levi S. Brown, Angela L. Silvers, Peter Shiozawa, Lynne Wang, Hannah Follender, Rachel Perry. David P. Johnson of Workman Nydegger, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      Suite 1000
      60 E South Temple
      Salt Lake City, Utah 84111
      United States
The docket/reference number is 22047.30.

The phone number is 8015339800.

The fax number is 8013281707.

The email address is docketing@wnlaw.com

David P. Johnson 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: David P. Johnson. David P. Johnson of Workman Nydegger, is located at

      Suite 1000
      60 E South Temple
      Salt Lake City, Utah 84111
      United States
The docket/reference number is 22047.30.

The phone number is 8015339800.

The fax number is 8013281707.

The email address is docketing@wnlaw.com

The applicants proposed correspondence information: David P. Johnson. David P. Johnson of Workman Nydegger, is located at

      Suite 1000
      60 E South Temple
      Salt Lake City, Utah 84111
      United States
The docket/reference number is 22047.30.

The phone number is 8015339800.

The fax number is 8013281707.

The email address is docketing@wnlaw.com


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: /David P. Johnson/      Date Signed: 08/27/2019
Signatory's Name: David P. Johnson
Signatory's Position: Attorney of Record, UT bar member
Signatory's Phone: 8015339800

Mailing Address:
   Workman Nydegger
   Suite 1000
   60 E South Temple
   Salt Lake City, Utah 84111

RAM Sale Number: 88217389
RAM Accounting Date: 08/27/2019

Serial Number: 88217389
Internet Transmission Date: Tue Aug 27 18:16:12 EDT 2019
TEAS Stamp: USPTO/ESU-XXX.XXX.XX.XXX-201908271816128
49983-88217389-6109e38516fab699ab0d32d62
acb8d02a669f1abcd6fb89afa019958b87bcb8db
-CC-16111911-20190827170901821594