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: APG (stylized and/or with design, see http://uspto.report/TM/88319913/mark.png)
SERIAL NUMBER: 88319913

OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Active Performance Gear, LLC, having an address of
      5500 Preston Rd., Suite 250
      Dallas, Texas 75205
      United States
Proposed: Active Performance Gear, LLC, having an address of
      5500 Preston Rd., Suite 250
      Dallas, Texas 75205
      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 01/28/2020.

For International Class 018:
Current identification: All-purpose sporting bags, backpacks, day packs, knapsacks, rucksacks, book bags, tote bags, handbags, knap sacks and duffel bags, messenger bags, hip and lumbar packs, backpack hip belts, shoulder bags, waist packs, fanny packs, satchels, mountaineering bags in the nature of rucksacks for mountaineers; Boston bags, internal frame backpacks and external frame backpacks, backpack with water bottle pockets, fitted protective rain covers used to cover the aforesaid; hydration packs, namely, backpacks compatible with personal hydration systems consisting of a backpack, a reservoir, and a mouthpiece connected to the reservoir by a tube, sold empty; backpack shoulder harness straps; parts and fittings for all the aforesaid goods, namely, straps and protective fitted liners; alpenstocks, umbrellas

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 021:
Current identification: water bottles sold empty

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: Clothing, namely, men's, women's, and children's T-shirts, shirts, tops, sweatshirts, sweatpants, pants, side zip pants, shorts, trousers, jeans, vests, parkas, anoraks, coats, jackets, wind-resistant jackets, jackets with hoods, pullovers, sweaters, coveralls, underwear, thermal underwear, boxer briefs, sleepwear, loungewear, hosiery, socks, tights, gloves, mittens; outerwear, namely, shell jackets, one-piece shell suits, ski wear, ski suits, ski vests, ski jackets, ski bibs, bib overalls, bib pants, snowboard wear, namely, trousers, jackets, gloves, boots; snow pants, snow suits, rain wear, rain jackets, rain pants, gaiters, neck gaiters, leg gaiters and ankle gaiters; skirts, skorts, dresses, swimsuits, swim trunks; footwear, namely, athletic shoes, sneakers, trail running shoes, climbing shoes, hiking shoes, slippers, climbing slippers, boots, trekking boots, hiking boots, sandals; headwear, namely, caps, hats, headbands, bandanas, scarves, earbands, earmuffs, balaclavas, visors, beanies; belts

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.

Correspondence Information (current):
      Jason R. Fulmer
      PRIMARY EMAIL FOR CORRESPONDENCE: ipdocketing@foley.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jfulmer@foley.com

Correspondence Information (proposed):
      Jason R. Fulmer
      PRIMARY EMAIL FOR CORRESPONDENCE: ipdocketing@foley.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jfulmer@foley.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 $375 will be submitted with the form, representing payment for 3 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: /Jason R. Fulmer/      Date Signed: 07/27/2020
Signatory's Name: Jason R. Fulmer
Signatory's Position: Attorney of record
Signatory's Phone: 2149994487

RAM Sale Number: 88319913
RAM Accounting Date: 07/27/2020

Serial Number: 88319913
Internet Transmission Date: Mon Jul 27 08:09:38 ET 2020
TEAS Stamp: USPTO/ESU-XXX.XX.XX.X-202007270809387209
54-88319913-740aeefcf7bb0e4820baf0a473bd
7db4fc1748d75f6168a899d835429b8b47-CC-09
379240-20200727080709412406