Application

PTO Form 1478 (Rev 4/2000)

OMB Control #0651-0009 (Exp. 08/31/2004)

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PTO Form 1478 (Rev 4/2000)

OMB Control #0651-0009 (Exp. 08/31/2004)

Trademark/Service Mark Application, Principal Register, with Declaration

Serial Number: 78294748
Filing Date: 09/02/2003

To the Commissioner for Trademarks:

MARK:  MAXCESS

The applicant, NuVasive, Inc., a corporation of Delaware, residing at 10065 Old Grove Road, San Diego, CA USA 92131, requests registration of the trademark/service mark shown on the drawing page 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.

Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

           International Class 010: Medical devices for use in the spine, namely namely retractors, obturators, cannulae, and K-wires.


The applicant, hereby appoints Jonathan D. Spangler of  NuVasive, Inc., 10065 Old Grove Road, San Diego, CA USA 92131 to submit this application on behalf of the applicant.


A fee payment in the amount of $335 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: /Jonathan D. Spangler/   Date: 09/02/2003
Signatory's Name: Jonathan D. Spangler
Signatory's Position: Group Director of Intellectual Property

Mailing Address:
     Jonathan D. Spangler
     10065 Old Grove Road
     San Diego, CA 92131

RAM Sale Number: 875
RAM Accounting Date: 09/02/2003

Serial Number: 78294748
Internet Transmission Date: Tue Sep 02 12:17:01 EDT 2003
TEAS Stamp: USPTO/BAS-XXXXXXXXXX-20030902121701918090-78294748-200211ea9fe8bce20b5f11a60ddfd11-DA-875-20030902121353376715