PR-Section 8

PTO Form 1553 (Rev 5/2006)

OMB No. 0651-0055 (Exp 12/31/2011)

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PTO Form 1553 (Rev 5/2006)

OMB No. 0651-0055 (Exp 12/31/2011)

Declaration of Use of Mark in Commerce under Section 8

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 2693221
REGISTRATION DATE: 03/04/2003

MARK:  TELEGRAPH

The owner, FOURNITURES HOSPITALIERES, having an address of
      Zone Artisanale de Mulhouse- Heimsbrunn
      HEIMSBRUNN, 68990
      FR
is filing a Declaration of Use of Mark in Commerce under Section 8.

For International Class 010, this filing does NOT cover the following goods or services for this specific class listed in the registration, and these goods or services are to be permanently deleted from the registration:  orthopaedic articles, namely-- belts, suspenders and orthopaedic supports; sutures, prosthesis, namely-- hip prosthesis, knee prosthesis, shoulder prosthesis, mammary prosthesis and hand prosthesis; implants, namely-- eye implants, orthopaedic implants for joints

The mark is in use in commerce on or in connection with the following goods or services listed in the existing registration for this specific class; or, the owner is making the listed excusable nonuse claim: Surgical and medical apparatus and instruments, namely-- humeral nail for use with self-stabilizing screws designed for implantation in the proximal extremity of the humerus in fractures and can receive two frontal tuberosity screws and one sagittal tuberosity screw (these screws are stable in the nail); implants, namely -- bone implants

The owner is submitting one specimen showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) brochure showing the mark with the goods.
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5

The registrant hereby appoints Brooks R. Bruneau, Esq. of  PORZIO, BROMBERG & NEWMAN, P.C.
      29 Thanet Road, Suite 201
      PRINCETON, New Jersey 08540-3674
       United States
to file this Declaration of Use of Mark in Commerce under Section 8 on behalf of the registrant.  The attorney docket/reference number is 3856-430US.

The registrant hereby appoints Brooks R. Bruneau, having an address of
      29 Thanet Road, Suite 201
      Princeton, New Jersey 08540-3674
       United States
as registrant's representative upon whom notice or process in the proceedings affecting the mark may be served.

A fee payment in the amount of $100 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 non-use, the mark is in use in commerce on or in connection with the goods and/or services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.

The undersigned being hereby warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may jeopardize the validity of this document, declares that he/she is properly authorized to execute this document on behalf of the Owner; and 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: /brooks r. bruneau/      Date: 03/04/2009
Signatory's Name: Brooks R. Bruneau
Signatory's Position: Attorney for registrant, a New Jersey bar member

Mailing Address (current):
   MATHEWS COLLINS SHEPHERD & MCKAY PA
   100 THANET CIR STE 306
   PRINCETON, New Jersey 08540-3674

Mailing Address (proposed):
   PORZIO, BROMBERG & NEWMAN, P.C.
   29 Thanet Road, Suite 201
   PRINCETON, New Jersey 08540-3674

Serial Number: 76418912
Internet Transmission Date: Wed Mar 04 11:43:40 EST 2009
TEAS Stamp: USPTO/SECT08-XXX.XXX.XXX.XXX-20090304114
340609447-2693221-4408732afca4f2c4c7c4db
03134153aa2c-DA-6427-2009030411220613010
5