PR-Section 15

PTO Form 1573 (Rev 5/2006)

OMB No. 0651-0055 (Exp 07/31/2018)

---

PTO Form 1573 (Rev 5/2006)

OMB No. 0651-0055 (Exp 07/31/2018)

Declaration of Incontestability of a Mark under Section 15

To the Commissioner for Trademarks:

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

MARK: TELEGRAPH

The owner, FH ORTHOPEDICS, société par actions simplifiée (sas) legally organized under the laws of France, having an address of
      Zone Artisanale de Mulhouse- Heimsbrunn
      HEIMSBRUNN, 68990
      France
is filing a Declaration of Incontestability of its mark under Section 15.

For International Class 010, the owner, has continuously used the mark in commerce for five (5) consecutive years after the date of registration, or the date of publication under Section 12(c), and is still using the mark in commerce on or in connection with all goods or services listed in the existing registration for this class: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 implantsAlso, there has been no final decision adverse to the owner's claim of ownership of such mark for those goods or services, or to the owner's right to register the same or to keep the same on the register; and, there is no proceeding involving said rights pending and not disposed of in either the U.S. Patent and Trademark Office or the courts.
The registrant's current Attorney Information: Brooks R. Bruneau, of  PORZIO BROMBERG & NEWMAN PC.
      29 THANET ROAD SUITE 201
      PRINCETON, New Jersey (NJ) 08540-3674
      United States


The registrant's proposed Attorney Information: Brooks R. Bruneau, of  PORZIO BROMBERG & NEWMAN PC.
      29 THANET ROAD SUITE 201
      PRINCETON, New Jersey (NJ) 08540-3674
      United States
The docket/reference number is 3856-430 US.
The Other Appointed Attorney(s): Todd A. Denys.

The phone number is 609 924-8555.

The fax number is 609 924-3036.

The email address is brbruneau@pbnlaw.com.
The registrant's current Correspondence Information: BROOKS R. BRUNEAU, of  PORZIO BROMBERG & NEWMAN PC.
      29 THANET ROAD SUITE 201
      PRINCETON, New Jersey (NJ) 08540-3674
      United States


The registrant's proposed Correspondence Information: BROOKS R. BRUNEAU, of  PORZIO BROMBERG & NEWMAN PC.
      29 THANET ROAD SUITE 201
      PRINCETON, New Jersey (NJ) 08540-3674
      United States
The docket/reference number is 3856-430 US.


The phone number is 609 924-8555.

The fax number is 609 924-3036.

The email address is brbruneau@pbnlaw.com;imchristine@pbnlaw.com.

The registrant hereby appoints Brooks R. Bruneau,, 29 THANET ROAD SUITE 201, PRINCETON, New Jersey (NJ) United States (USX) 08540-3674 as registrant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The phone number is 609 924-8555.

The fax number is 609 924-3036.

The email address is brbruneau@pbnlaw.com.

A fee payment in the amount of $200 will be submitted with the form, representing payment for 1 class(es).

Declaration


The mark has been in continuous use in commerce for five (5) consecutive years after the date of registration, or the date of publication under Section 12(c), and is still in use in commerce. There has been no final decision adverse to the owner's claim of ownership of such mark, or to the owner's right to register the same or to keep the same on the register; and there is no proceeding involving said rights pending and not disposed of either in the U.S. Patent and Trademark Office or in the courts.

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: 06/25/2013
Signatory's Name: Brooks R. Bruneau
Signatory's Position: Attorney of record; NJ bar member
Signatory's Phone Number: 609-924-8555

Mailing Address (current):
   PORZIO BROMBERG & NEWMAN PC.
   29 THANET ROAD SUITE 201
   PRINCETON, New Jersey 08540-3674

Mailing Address (proposed):
   PORZIO BROMBERG & NEWMAN PC.
   29 THANET ROAD SUITE 201
   PRINCETON, New Jersey 08540-3674

Serial Number: 76418912
Internet Transmission Date: Tue Jun 25 15:50:22 EDT 2013
TEAS Stamp: USPTO/SECT15-XXX.XX.XXX.XX-2013062515502
2302542-2693221-500f5fb6aab7f2933beaa877
8565212a9b8236f31a77efee19a43e54dbfbdc56
a-DA-2761-20130625153901647060