Extension of Time to File SOU

PTO- 1581

Approved for use through 04/30/2027. 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 04/30/2027. 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: GEMINI (see, http://uspto.report/TM/97306485/mark.png)
SERIAL NUMBER: 97306485

OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Metalenz, Inc., having an address of
      205 Portland Street, Suite 500
      Boston, Massachusetts 02114
      United States
      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 11/14/2023.

For International Class 009:
Current identification: Optical apparatus, namely, optical lenses, optical mirrors, and optical pattern generators comprising metamaterials for use in pattern generators and flood illuminators; and metamaterials in the nature of optical lenses, optical mirrors, optical pattern generators for use in mobile phones cameras, wearable devices user interaction, augmented and virtual reality goggles and glasses, displays, projectors and illuminators; all the foregoing not relating to microscopy

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.

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)
      John W. Peck
      PRIMARY EMAIL FOR CORRESPONDENCE: tess@kppb.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed)
      John W. Peck
      PRIMARY EMAIL FOR CORRESPONDENCE: tess@kppb.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is M39-07834.

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 $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: /John W. Peck/      Date Signed: 05/02/2024
Signatory's Name: John W. Peck
Signatory's Position: Attorney of record, California Bar member
Signatory's Phone: 9498520000
Signature method: Sent to third party for signature

PAYMENT: 97306485
PAYMENT DATE: 05/02/2024

Serial Number: 97306485
Internet Transmission Date: Thu May 02 14:20:12 ET 2024
TEAS Stamp: USPTO/ESU-XX.XXX.XX.XX-20240502142013598
345-97306485-850aa451b2fecb9c3c5107e60b9
70c197d86c9634cff97b246bb655eeb96279945-
CC-20126645-20240501160934555023