PR-Section 8

PTO Form 1563 (Rev 5/2006)

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

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PTO Form 1563 (Rev 5/2006)

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

Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 3088866
REGISTRATION DATE: 05/02/2006

MARK: E SURGICAL

The owner, E Surgical, LLC, a limited liability company legally organized under the laws of California, having an address of
      1990 North California Boulevard, Suite 1040
      Walnut Creek, California 94596
      United States
is filing a Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8.

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 INSTRUMENTS, NAMELY, SCALPELS, SUCTION CANISTERS, SUCTION COAGULATORS, SUCTION TUBING, AND INFUSION TUBING DEFIBRILLATION PADS; SURGICAL INSTRUMENTS, NAMELY, SURGICAL BLADES, SURGICAL CLIPS, SURGICAL CUTLERY, SURGICAL LAMPS, SURGICAL MIRRORS, SURGICAL PENCILS, SURGICAL SAWS, SURGICAL SCISSORS, SURGICAL SMOKE EVACUATORS, AND SURGICAL SUCTION HANDLES; ELECTRO-SURGICAL INSTRUMENTS, NAMELY, ELECTRO-SURGICAL GENERATORS, ELECTRO-SURGICAL PENCILS, GROUNDING PADS, AND GROUNDING PLATES, PARTS FOR MEDICAL, SURGICAL AND ELECTRO-SURGICAL INSTRUMENTS, NAMELY, CABLES, CORDS, CLAMPS, CLIPS, ELECTRODES, ELECTRODE PADS, ELECTRONIC CONTROLS, EXTENDERS, HOLSTERS, SWITCHES, TIPS, AND VALVES ; 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) photo of goods showing mark on package.
Specimen File1
The registrant's current Correspondence Information: THOMAS W. COOK of  P.O. BOX 1989
      
      SAUSALITO, California (CA) 94965
      United States


The registrant's proposed Correspondence Information: THOMAS W. COOK of  Thomas Cook Intellectual Property Attorneys
      P. O. Box 1989
      SAUSALITO, California (CA) 94966
      United States
The docket/reference number is ESUR-1/E SURGICAL.


The phone number is 415-339-8550.

The fax number is 415-339-8555.

The email address is tom@thomascooklaw.com.

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 nonuse, 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: /Thomas W. Cook/      Date: 05/02/2012
Signatory's Name: Thomas W. Cook
Signatory's Position: Attorney of record, California bar member
Signatory's Phone Number: 415-339-8550

Serial Number: 76585074
Internet Transmission Date: Wed May 02 14:55:21 EDT 2012
TEAS Stamp: USPTO/SECT08-XX.XXX.X.XXX-20120502145521
093308-3088866-490a264fd83f9393774b8e89d
99e6a1f180-CC-1220-20120502144139848118