| 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 |
Request for Extension of Time to File a Statement of Use
(15 U.S.C. Section 1051(d))
The table below presents the data as entered.
| 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: RAPIDVAX (see, http://uspto.report/TM/90387503/mark.png)
SERIAL NUMBER: 90387503
OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Heat Biologics, Inc., having an address of
801 Capitola Drive, Bay 12
Durham, North Carolina 27713
United States
Email: XXXX
Proposed: NightHawk Biosciences, Inc., having an address of
627 Davis Drive, Suite 400
Morrisville, North Carolina 27560
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 06/15/2021.
For International Class 005:
Current identification: Pharmaceutical preparations for the treatment or prevention of cancer, immune-related diseases, and infectious diseases
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 development of pharmaceutical products
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 second extension request. The applicant has made the following ongoing efforts to use the mark in commerce on or in connection with each of those goods/services covered by the extension
request: product or service research or development
Correspondence Information (current):
Rachelle A. Dubow, Esq.
PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@morganlewis.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rachelle.dubow@morganlewis.com; peter.byrne@morganlewis.com; jennifer.kagan@morganlewis.com
Correspondence Information (proposed):
Rachelle A. Dubow, Esq.
PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@morganlewis.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rachelle.dubow@morganlewis.com; erin.connors@morganlewis.com; jennifer.kagan@morganlewis.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: /Jeffrey Wolf/ Date Signed: 06/13/2022
Signatory's Name: Jeffrey Wolf
Signatory's Position: CEO
Signatory's Phone: 9192407133
Signature method: Sent to third party for signature
PAYMENT: 90387503
PAYMENT DATE: 06/14/2022
Serial Number: 90387503
Internet Transmission Date: Tue Jun 14 08:04:02 ET 2022
TEAS Stamp: USPTO/ESU-XXX.XXX.XXX.XX-202206140804025
14147-90387503-8004ef2ece5f03392c1d4fb47
38f218f92c24088ea964390b055cb869c9f26c1b
f-DA-04000904-20220613080810025763