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: XPRESCHECK (see, http://uspto.report/TM/88892034/mark.png)
SERIAL NUMBER: 88892034

OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: XpresTest, Inc., having an address of
      11th Floor
      254 West 31st Ave.
      New York, New York 10001
      United States
      Email: XXXX
Proposed: XpresTest, Inc., having an address of
      11th Floor
      254 West 31st Ave.
      New York, New York 10001
      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 10/20/2020.

For International Class 035:
Current identification: Retail, wholesale, and online store services featuring durable medical equipment, personal protective equipment, sanitation supplies, pharmacy and drug store supplies, travel products, and personal care products; Arranging of managed care contractual services in the fields of diagnostic lab services, durable medical equipment, personal protective equipment, and pharmacy supplies; Business administration of consumer loyalty programs; Providing incentive award programs for customers through issuance and processing of loyalty program for purchases of goods and 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 044:
Current identification: Medical testing for diagnostic or treatment purposes; Airport based diagnostic medical testing labs; Medical testing for viruses, diseases, diabetes, and pregnancy; Consulting services in the fields of diagnostic medical testing and laboratory testing; Telemedicine services; Telemedicine services for medical diagnostic and treatment purposes; Healthcare services, namely, medical diagnosis and treatment of common illnesses, provided via synchronous communication through the world wide web, mobile applications, high definition video and audio; Providing information concerning infectious diseases, diagnosis and treatment for viruses and infectious diseases, and the use of medical diagnostics; Health assessment services, namely, providing testing diagnostic information based on collected data and information for treatment and diagnostic purposes; Health care services, namely, providing a database in the field of infectious disease information and featuring inputting and collection of data and information for treatment and diagnostic purposes; Urgent medical care centers; Drop-in medical clinics featuring non-emergency medical diagnostic services

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: Medical testing for diagnostic or treatment purposes; Airport based diagnostic medical testing labs; Medical testing for viruses and diseases; Consulting services in the fields of diagnostic medical testing and laboratory testing; Providing information concerning infectious diseases, diagnosis and treatment for viruses and infectious diseases, and the use of medical diagnostics; Health assessment services, namely, providing testing diagnostic information based on collected data and information for treatment and diagnostic purposes; Health care services, namely, providing a database in the field of infectious disease information and featuring inputting and collection of data and information for treatment and diagnostic 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: Medical testing for diabetes and pregnancy; Telemedicine services; Telemedicine services for medical diagnostic and treatment purposes; Healthcare services, namely, medical diagnosis and treatment of common illnesses, provided via synchronous communication through the world wide web, mobile applications, high definition video and audio; Urgent medical care centers; Drop-in medical clinics featuring non-emergency medical diagnostic services

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.

Correspondence Information (current):
      LINDSAY E. COHEN SCHNEIDER
      PRIMARY EMAIL FOR CORRESPONDENCE: bcipdocketing@bclplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Lindsay.Schneider@bclplaw.com; ellen.whitehorn@bclplaw.com; dorian.johnson@bclplaw.com

Correspondence Information (proposed):
      Lindsay E. Cohen Schneider
      PRIMARY EMAIL FOR CORRESPONDENCE: bcipdocketing@bclplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Lindsay.Schneider@bclplaw.com; ellen.whitehorn@bclplaw.com; dorian.johnson@bclplaw.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 $250 will be submitted with the form, representing payment for 2 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: /Ellen Whitehorn/      Date Signed: 04/19/2021
Signatory's Name: Ellen Whitehorn
Signatory's Position: Associate of Attorney of Record
Signatory's Phone: 314-259-2481 Attorney of Record
Signature method: Sent to third party for signature

PAYMENT: 88892034
PAYMENT DATE: 04/19/2021

Serial Number: 88892034
Internet Transmission Date: Mon Apr 19 20:28:50 ET 2021
TEAS Stamp: USPTO/ESU-XXX.XX.XX.XX-20210419202850809
128-88892034-770da2a79f8f0f829ed9087b05b
cfc39fd72441a4636c23dc4f4d8aaeb1fc20-DA-
28481373-20210419110828467972