Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 09/30/2008)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 09/30/2008)

Trademark/Service Mark Application, Principal Register

Serial Number: 77166560

Filing Date: 04/26/2007

To the Commissioner for Trademarks:

MARK: SPIDERFX (Standard Characters, see mark)
The literal element of the mark consists of SPIDERFX. The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, ev3 Inc., a corporation of Delaware, having an address of Suite 100, 9600 - 54th Avenue North, Plymouth, Minnesota, United States, 55442, requests registration of the trademark/service mark identified above 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.

       International Class 010:  Medical devices, namely, embolic protection devices and catheters.

Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, or the applicant's predecessor in interest used the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.

In International Class 010, the mark was first used at least as early as 01/00/2007, and first used in commerce at least as early as 01/00/2007, and is now in use in such commerce. The applicant is submitting or will submit one specimen for each class showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) cover and 1st page of "IFU" (Instructions for Use).
Specimen File1
Specimen File2

The applicant hereby appoints Barbara J. Grahn, Esq. and Erika S. Koster, Esq., Barbara A. Wrigley, Esq., Craig J. Lervick, Esq., David Prange, Esq., Edward M. Laine, Esq., Dena Van De Voort Ehrich, Esq., Rudolph Hofmann, Esq., Christopher Hilberg, Esq., and Adam Kiedrowski, Esq. of Oppenheimer Wolff & Donnelly LLP, Suite 3300, 45 South Seventh St., Minneapolis, Minnesota, United States, 55402 to submit this application on behalf of the applicant. The attorney docket/reference number is 21078/281.

Correspondence Information:	Barbara J. Grahn, Esq.
	Suite 3300, 45 South Seventh St.
	Minneapolis, Minnesota 55402
	612-607-7325(phone)
	612-607-7100(fax)
	bgrahn@oppenheimer.com (authorized)

A fee payment in the amount of $325 will be submitted with the application, representing payment for 1 class(es).

Declaration

The undersigned, being hereby warned that willful false statements and the like so made 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 the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that 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: /Kevin M. Klemz/   Date Signed: 04/26/2007
Signatory's Name: Kevin M. Klemz
Signatory's Position: Secretary



RAM Sale Number: 237
RAM Accounting Date: 04/27/2007

Serial Number: 77166560
Internet Transmission Date: Thu Apr 26 15:37:02 EDT 2007
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XXX-200704261537024
74455-77166560-3705ea5b7f04bba6602c179a5
3dec3fe5f-DA-237-20070426151301836126