Extension of Time to File SOU

PTO- 1581

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1581

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

SOU Extension Request
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:

MARK: AVALANCHE (see, http://uspto.report/TM/88638313/mark.png)
SERIAL NUMBER: 88638313

OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Ava Labs, Inc., having an address of
      263 S 4th St.
      #110497
      Brooklyn, New York 11211
      United States
      Email: XXXX
Proposed: Ava Labs, Inc., having an address of
      263 S 4th St.
      #110497
      Brooklyn, New York 11211
      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 10/27/2020.

For International Class 009:
Current identification: Downloadable computer software for creating, managing and verifying cryptocurrency transactions; downloadable computer software for creating, managing and verifying cryptocurrency transactions using consensus protocols which are protocols for obtaining agreement on a data values among a number of processes, agent or participants; downloadable software for creating, exchanging and storing virtual currency; downloadable distributed application software for creating, executing and enforcing contracts that are published, managed and verified using computer protocols; downloadable software for securing, maintaining consistency and tamper-proofing data that represents digital currency and contracts that are published, managed and verified using computer protocols; downloadable software for creating, executing and enforcing contracts that are published, managed and verified using computer protocols; downloadable computer software, namely, an electronic financial platform that accommodates creation and management of virtual currency, contracts that are published, managed and verified using computer protocols, financial instruments and financial transactions; downloadable computer software, namely, an electronic financial platform that accommodates the creation and application of covenants, restrictions, and conditions to contracts that are published, managed and verified using computer protocols, financial instruments and financial transactions

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 036:
Current identification: Cryptocurrency exchange services; cryptocurrency exchange services featuring consensus protocols which are protocols for obtaining agreement on a data values among a number of processes, agents or participants; providing secure payment options to members of an online community via a global computer network through the use of traditional currency and virtual currency, namely, financial transaction services being the providing of secure commercial transactions and payment options; virtual, digital and cryptocurrency monetary exchange services; electronic commerce payment services, namely, establishing funded accounts used to purchase goods and services on the Internet

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 temporary use of non-downloadable software for creating, managing and verifying cryptocurrency transactions; providing temporary use of non-downloadable software for creating, managing and verifying cryptocurrency transactions using consensus protocols which are protocols for obtaining agreement on a data values among a number of processes, agents or participants; providing on-line non-downloadable software for creating, exchanging and storing virtual currency; platform as a service (PAAS) featuring computer software platforms for creation and management of virtual currency, contracts that are published, managed and verified using computer protocols, financial instruments and financial transactions; providing temporary use of non-downloadable distributed application software for creating, executing and enforcing contracts that are published, managed and verified using computer protocols; providing temporary use of non-downloadable software for securing, maintaining consistency and tamper-proofing data that represents digital currency and contracts that are published, managed and verified using computer protocols; providing temporary use of non-downloadable software for creating, executing and enforcing contracts that are published, managed and verified using computer protocols; platform as a service (PAAS) featuring computer software platforms that accommodate the creation and application of covenants, restrictions, and conditions to contracts that are published, managed and verified using computer protocols, financial instruments and financial transactions; electronic storage of cryptocurrency coins or tokens for others, namely, electronic data storage

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):
      Derek J. Westberg,
      PRIMARY EMAIL FOR CORRESPONDENCE: derek@westberglaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): derekwestberg@yahoo.com

Correspondence Information (proposed):
      Derek J. Westberg,
      PRIMARY EMAIL FOR CORRESPONDENCE: derek@westberglaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): derekwestberg@yahoo.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: /Derek J. Westberg/      Date Signed: 04/10/2021
Signatory's Name: Derek J. Westberg, Esq.
Signatory's Position: Attorney of record, California bar member
Signatory's Phone: 6509682041
Signature method: Signed directly within the form

PAYMENT: 88638313
PAYMENT DATE: 04/12/2021

Serial Number: 88638313
Internet Transmission Date: Sat Apr 10 13:57:39 ET 2021
TEAS Stamp: USPTO/ESU-XXXX:XXX:XXXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20210410135739587812-88638313-7
70dbf71372dea5f9ae4a23e40339b74ba6dbd4cb
45fb8dec9d22b6d9c885117-CC-57360598-2021
0410135002234429