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: OXIWEAR (see, http://uspto.report/TM/88389502/mark.png)
SERIAL NUMBER: 88389502

OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: OxiWear, Inc., having an address of
      1111 Arlington Blvd, Apt. 305
      Arlington, Virginia 22209
      United States
Proposed: OxiWear, Inc., having an address of BB
      1111 Arlington Blvd, Apt. 305
      Arlington, Virginia 22209
      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 10/15/2019.

For International Class 009:
Current identification: Downloadable computer software for use in monitoring, tracking, storing, analyzing, and displaying user physiological activity data, and in transmitting that information to user and emergency medical services; computer hardware for use in monitoring, tracking, storing, analyzing, and displaying user physiological activity data, and in transmitting that information to user and emergency medical services

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 010:
Current identification: Personal medical devices for use in monitoring, tracking, storing, analyzing, and displaying user physiological activity data, and in transmitting that information to user and emergency medical services

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 online non-downloadable computer software for use in monitoring, tracking, storing, analyzing, and displaying user physiological activity data, and in transmitting that information to user and emergency medical services

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:
      Brendan Hughes      COOLEY LLP

      1299 PENNSYLVANIA AVENUE NW, SUITE 700
      WASHINGTON, District of Columbia 20004-2400
      United States
      The docket/reference number is OxiWear
      Email: trademarks@cooley.com


The applicant's proposed Attorney Information:
      Brendan Hughes      COOLEY LLP

      1299 PENNSYLVANIA AVENUE NW, SUITE 700
      WASHINGTON, District of Columbia 20004-2400
      United States
      The docket/reference number is OxiWear
      Email: trademarks@cooley.com


Correspondence Information (current):
      BRENDAN J. HUGHES
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@cooley.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

Correspondence Information (proposed):
      Brendan Hughes
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@cooley.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): landrepont@cooley.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: /Shavini Fernando/      Date Signed: 03/26/2020
Signatory's Name: Shavini Fernando
Signatory's Position: Founder, CEO
Signatory's Phone: N/A

Mailing Address:
   COOLEY LLP
   
   1299 PENNSYLVANIA AVENUE NW, SUITE 700
   WASHINGTON, District of Columbia 20004-2400

RAM Sale Number: 88389502
RAM Accounting Date: 03/27/2020

Serial Number: 88389502
Internet Transmission Date: Fri Mar 27 09:11:57 ET 2020
TEAS Stamp: USPTO/ESU-XX.XX.XX.X-2020032709115740800
6-88389502-710fd3ffbb3d7dc8921bb8c44450e
d86647ceeae8a82a0527cf85a8484e2388aa3-DA
-11561066-20200326175646447202