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

---

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: ARTIVION (see, http://uspto.report/TM/90785583/mark.png)
SERIAL NUMBER: 90785583

OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: ARTIVION, INC., having an address of
      1655 ROBERTS BOULEVARD NW
      Kennesaw, Georgia 30144
      United States
Proposed: ARTIVION, INC., having an address of
      1655 ROBERTS BOULEVARD NW
      Kennesaw, Georgia 30144
      United States
      Phone: 6787500450
      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 11/01/2022.

For International Class 005:
Current identification: Surgical implants and grafts comprising cardiac and vascular biological tissue; biological adhesives for surgical and clinical use, namely, surgical glue; absorbable hemostats for surgical and clinical use; surgical glue

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: Medical devices, namely implantable medical devices for treatment of cardiac, vascular, and aortic diseases, namely, prosthetic heart valves, aortic stents and stent grafts; cardiac lasers for medical use; surgical apparatuses and instruments; surgical implants comprised of artificial materials; prosthetic heart valves; applicators, dispensers, and spreader tips for biological adhesives for medical use; applicators, dispensers, and spreader tips for absorbable hemostats for medical use

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 040:
Current identification: Pyrolytic carbon coating services for medical devices, namely, coating the medical devices of others with pure carbon to improve the mechanical properties or biocompatibility of the devices

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 041:
Current identification: Educational services, namely, providing training, mentorship, in the field of medical devices, surgical procedures, clinical trials, and health care, and providing instructional materials in connection therewith; teaching and training services, namely, courses, classes, lessons, and seminars related to the use and operation of medical devices, processing and cryogenic preservation of biological tissue and the resulting processed biological tissues, and health care; educational services, namely, providing classes, seminars, and lectures, all in the field of the diagnosis and treatment of vascular and arterial disorders and abnormalities; education in the nature of classes, seminars, and training in the field of preserved human cardiac and vascular tissues, surgical adhesives and sealants, prosthetic heart valves, cardiac lasers, and other medical devices; providing online non-downloadable medical publications about preserved human cardiac and vascular tissues, surgical adhesives and sealants, prosthetic heart valves, cardiac lasers, and other medical devices via an online searchable database

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.


For International Class 042:
Current identification: Scientific and technological services, namely, research and design in the fields of medical devices, processing and cryogenic preservation of biological tissue, and the resulting processed biological tissues

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.


For International Class 044:
Current identification: Medical services related to processing of biological tissue; providing online information in the medical field; medical and surgical diagnostic services, namely, medical diagnosis of vascular and arterial disorders and abnormalities

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.

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)
      Christopher M. Durkee
      PRIMARY EMAIL FOR CORRESPONDENCE: cdurkee@quickerlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@quickerlaw.com; docketing@quickerlaw.com
Correspondence Information (proposed)
      Christopher M. Durkee
      PRIMARY EMAIL FOR CORRESPONDENCE: cdurkee@quickerlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@quickerlaw.com; docketing@quickerlaw.com

The docket/reference number is 115178.20204.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant 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: /Ava L. Blake/      Date Signed: 04/28/2023
Signatory's Name: Ava L. Blake
Signatory's Position: Attorney of Record, Georgia Bar Member
Signatory's Phone: 6787500454
Signature method: Sent to third party for signature

PAYMENT: 90785583
PAYMENT DATE: 04/28/2023

Serial Number: 90785583
Internet Transmission Date: Fri Apr 28 14:09:56 ET 2023
TEAS Stamp: USPTO/ESU-XX.XX.XXX.XXX-2023042814095769
3889-90785583-8506b30e23a487e6c86fee65d8
e1b236c24ad6e8da8a69018b9f4cf84cde083f77
6-CC-09566948-20230428123751302849