Statement of Use

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

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PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:

MARK: ARAS
SERIAL NUMBER: 77113003

This Allegation of Use is being filed after a Notice of Allowance has issued.

The applicant, Zimmer Spine, Inc., having an address of 7375 Bush Lake Road, Minneapolis, Minnesota United States 55439, is using or is using through a related company or licensee the mark in commerce on or in connection with the goods and/or services as follows:

For International Class 010:
Current identification: Medical devices, namely, surgical retractor instrumentation system for minimally invasive spinal access consisting of retractor, side plates, side plate handle, table adapter, obturator, retractor guide, rail clamp, flex bar, expander instrument and incision guide

The applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with all goods and/or services listed in the application or Notice of Allowance or as subsequently modified.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 05/00/2007, and first used in commerce at least as early as 05/00/2007, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) scanned copy of product label.
Specimen File1

The applicant hereby appoints John F. Hoffman and Stephanie A. Gumm of  BAKER & DANIELS LLP, 111 E WAYNE ST STE 800, FORT WAYNE, Indiana United States 46802-2600 to submit this Trademark/Service Mark Statement of Use on behalf of the applicant. The attorney docket/reference number is ZTI-T02824.

A fee payment in the amount of $100 will be submitted with the form, representing payment for 1 class.


Declaration

Applicant requests registration of the above-identified trademark/service mark in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq., as amended). Applicant is the owner of the mark sought to be registered, and is using the mark in commerce on or in connection with the goods/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: /sag/      Date Signed: 09/04/2008
Signatory's Name: Stephanie A. Gumm
Signatory's Position: Attorney of record (IN Bar # 23589-49-B)

Mailing Address:
   BAKER & DANIELS LLP
   
   111 E WAYNE ST STE 800
   FORT WAYNE, Indiana 46802-2600

Mailing Address:
   BAKER & DANIELS LLP
   
   111 E WAYNE ST STE 800
   FORT WAYNE, Indiana 46802-2600

RAM Sale Number: 6395
RAM Accounting Date: 09/04/2008

Serial Number: 77113003
Internet Transmission Date: Thu Sep 04 10:13:56 EDT 2008
TEAS Stamp: USPTO/SOU-XXX.XXX.XXX.XXX-20080904101356
780209-77113003-400fa3741ad932ced6b6aa54
d7c16ae5b9c-DA-6395-20080903173030163260