PR-Section 8 and 9

PTO- 1963

Approved for use through 01/31/2025. OMB 0651-0055

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- 1963

Approved for use through 01/31/2025. OMB 0651-0055

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

Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 2553245
REGISTRATION DATE: 03/26/2002

MARK: EFLEX

Current: The owner, Oratec Interventions, Inc., a corporation of California, having an address of
      1450 Brooks Road
      Memphis, Tennessee 38116
      United States
      XXXX
      9013996903
      5123913901

Proposed: The owner, Oratec Interventions, Inc., a corporation of California, having an address of
      1450 Brooks Road
      Memphis, Tennessee 38116
      United States
      9013996903
      5123913901
      XXXX
is filing a Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9.

For International Class 010, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: Medical devices, namely probes ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) Photos of the mark in use in commerce on labels and packaging for the identified goods. The packaging provides clear information identifying the product line of the goods along with printed materials describing the product line and showing that the product is the identified goods. Circles have been provided to highlight the mark in use in commerce and do not constitute part of the mark as used in commerce..

Original PDF file:
SPN0-209242145130-2022013 1131138133715_._Specimen_ TBF.pdf
Converted PDF file(s) (1 page)
Specimen File1

Webpage URL: None Provided
Webpage Date of Access: None Provided
The owner's/holder's current attorney information: David Chambers. David Chambers of Smith & Nephew, Inc., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1450 Brooks Road
      Memphis, Tennessee 38116
      United States
The docket/reference number is TM-0490-113.

The phone number is 9013991903.

The email address is Patents.Dept.US@smith-nephew.com

The owner's/holder's proposed attorney information: Mainak H. Mehta. Other appointed attorneys are Michael C. Jones, of Procopio, Member of the California Bar. Mainak H. Mehta of Procopio, Cory, Hargreaves & Savitch LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      525 B. Street, Suite 2200
      San Diego, California 92101
      United States
The docket/reference number is 120776ORA002.

The phone number is 6506459000.

The email address is docketing@procopio.com

Mainak H. Mehta submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      David Chambers
      PRIMARY EMAIL FOR CORRESPONDENCE: Patents.Dept.US@smith-nephew.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): brandi.aiken@smith-nephew.com

The docket/reference number is TM-0490-113.
Correspondence Information (proposed):
      Mainak H. Mehta
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing@procopio.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): michael.jones@procopio.com; miku.mehta@procopio.com; cpaglobal@procopio.com

The docket/reference number is 120776ORA002.

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 $525 will be submitted with the form, representing payment for 1 class(es), plus any additional grace period fee, if necessary.


Declaration

	Unless the owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods/services or to indicate membership in the collective membership organization identified above, as evidenced by the attached specimen(s).
	Unless the owner has specifically claimed excusable nonuse, the specimen(s) shows the mark as currently used in commerce on or in connection with the goods/services/collective membership organization.
	The registrant requests that the registration be renewed for the goods/services/collective organization identified above.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	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 this submission and the registration, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Signature: /Michael C. Jones/    Date: 01/31/2022
Signatory's Name: Michael C. Jones
Signatory's Position: Attorney of Record, member of the California Bar
Signature method: Sent to third party for signature


Mailing Address (current):
   Smith & Nephew, Inc.
   1450 Brooks Road
   Memphis, Tennessee 38116

Mailing Address (proposed):
   Procopio, Cory, Hargreaves & Savitch LLP
   525 B. Street, Suite 2200
   San Diego, California 92101

Serial Number: 75704862
Internet Transmission Date: Tue Feb 01 02:11:24 ET 2022
TEAS Stamp: USPTO/S08N09-XXX.XXX.XXX.XXX-20220201021
124013958-2553245-800bc169015888e52fb658
e1364db894e772772d36bbb2c18f543612f4478e
fd1-DA-11214675-20220131131138133715