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: RHYTHM (stylized and/or with design, see http://uspto.report/TM/88421834/mark.png)
SERIAL NUMBER: 88421834

The applicant, Rhythm Pharmaceuticals, Inc., having an address of
      222 Berkeley Street, Suite 1200
      Boston, Massachusetts 02116
      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 10/01/2019.

For International Class 005:
Current identification: Pharmaceuticals and medicines for the treatment of metabolic diseases and disorders, including obesity, diabetes, metabolic syndrome and cachexia, and gastrointestinal diseases and disorders, including gastroparesis, post-operative ileus, chronic constipation, and inflammatory bowel disease

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: Research and product development services in the fields of metabolic diseases and disorders, including obesity, diabetes, metabolic syndrome and cachexia, and gastrointestinal diseases and disorders, including gastroparesis, post-operative ileus, chronic constipation, and inflammatory bowel disease

All ITU goods/services in this class are to be deleted or processed according to a separately filed Statement of Use and/or according to a request to divide.


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.


The applicant's current attorney information: David O. Johanson, Esq.. David O. Johanson, Esq. of MORGAN, LEWIS & BOCKIUS LLP, is located at

      ATTN: TMSU
      ONE FEDERAL STREET
      BOSTON, Massachusetts 02110
      United States
The docket/reference number is 114020-0009.

The phone number is 617-951-8304.

The fax number is 6179518736.

The email address is trademarks@morganlewis.com

The applicants proposed attorney information: David O. Johanson, Esq.. Other appointed attorneys are the firm of Morgan, Lewis & Bockius LLP, RON N. DREBEN, KAREN A. BUTCHER, ANITA B. POLOTT, CAROLE R. KLEIN, JOSEPH E. WASHINGTON, KRISTIN H. ALTOFF, DANA S. GROSS, DANIEL S. MARKS, JANE W. WISE, SETH A. RAPPAPORT, CONSTANCE BOUTSIKARIS, and REBECCA E. MCDOUGALL, members of the District of Columbia Bar and RACHEL FERTIG, member of the New York Bar, all located at 1111 Pennsylvania Ave., NW, Washington, D.C. 20004, ROCHELLE D. ALPERT, CARLA B. OAKLEY, SHARON R. SMITH and BRITTANY A. ESTELL, members of the California Bar, PETER G. BYRNE, member of the California Bar and Massachusetts Bar, and GENE K. PARK, member of the District of Columbia Bar, all located at One Market, Spear Street Tower, San Francisco, California 94105, ANDREW J. GRAY IV, member of the California Bar, located at 1400 Page Mill Road, Palo Alto, California 94304, and RACHELLE A. DUBOW, DAVID O. JOHANSON and AMELIA G. PENNINGTON, members of the Massachusetts Bar, all located at One Federal Street, Boston, Massachusetts 02110, all of whom should receive correspondence and documents related to this application through the offices of Morgan, Lewis & Bockius LLP. David O. Johanson, Esq. of MORGAN, LEWIS & BOCKIUS LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      ATTN: TMSU
      ONE FEDERAL STREET
      BOSTON, Massachusetts 02110
      United States
The docket/reference number is 114020-0009.

The phone number is 617-951-8304.

The fax number is 6179518736.

The email address is trademarks@morganlewis.com

David O. Johanson, Esq. 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 O. JOHANSON, ESQ.. DAVID O. JOHANSON, ESQ. of MORGAN, LEWIS & BOCKIUS LLP, is located at

      ATTN: TMSU
      ONE FEDERAL STREET
      BOSTON, Massachusetts 02110
      United States
The docket/reference number is 114020-0009.

The phone number is 617-951-8304.

The fax number is 6179518736.

The email address is trademarks@morganlewis.com

The applicants proposed correspondence information: DAVID O. JOHANSON, ESQ.. DAVID O. JOHANSON, ESQ. of MORGAN, LEWIS & BOCKIUS LLP, is located at

      ATTN: TMSU
      ONE FEDERAL STREET
      BOSTON, Massachusetts 02110
      United States
The docket/reference number is 114020-0009.

The phone number is 617-951-8304.

The fax number is 6179518736.

The email address is trademarks@morganlewis.com; david.johanson@morganlewis.com; peter.byrne@morganlewis.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: /James Flaherty/      Date Signed: 01/22/2020
Signatory's Name: James Flaherty
Signatory's Position: Vice President & Associate General Counsel

Mailing Address:
   MORGAN, LEWIS & BOCKIUS LLP
   ATTN: TMSU
   ONE FEDERAL STREET
   BOSTON, Massachusetts 02110

RAM Sale Number: 88421834
RAM Accounting Date: 01/22/2020

Serial Number: 88421834
Internet Transmission Date: Wed Jan 22 20:39:30 EST 2020
TEAS Stamp: USPTO/ESU-XX.XXX.XX.XXX-2020012220393048
7925-88421834-700ed36175e5badea4b6b525f7
b83d5665c1f2952324110efdad840fcd2048fa99
-DA-39301433-20200113170343223337