Application

PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

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PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

Trademark/Service Mark Application, Principal Register

Serial Number: 78373604
Filing Date: 02/25/2004

To the Commissioner for Trademarks:

MARK: (Standard Characters, see mark)

The mark consists of standard characters, without claim to any particular font, style, size, or color.

The literal element of the mark consists of SMARTPLATE.

The applicant, R&B Surgical Solutions, a LIMITED LIABILITY CORPORATION organized under the laws of Delaware, residing at 2530 Superior Avenue, Suite 730, Cleveland, OH, USA, 44114, 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.

The applicant, or the applicant's related company or licensee, is using the mark in commerce, and lists below the dates of use by the applicant, or the applicant's related company, licensee, or predecessor in interest, of the mark on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.

      International Class 010: Cervical plate system.

In International Class 010, the mark was first used at least as early as 11/21/2003, and first used in commerce at least as early as 11/21/2003, 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) Photo of product display..

      Specimen - 1

The applicant hereby appoints Jeffrey J. Sopko and Michael W. Garvey and Ronald M. Kachmarik of Pearne & Gordon LLP, 1801 East 9th Street, Suite 1200, Cleveland, OH, USA, 44114-3108 to submit this application on behalf of the applicant. The attorney docket/reference number is 36477.

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: /Ronald M. Kachmarik/   Date: 02/25/2004
Signatory's Name: Ronald M. Kachmarik
Signatory's Position: Attorney for Applicant


Mailing Address:
     Jeffrey J. Sopko
     1801 East 9th Street, Suite 1200
     Cleveland, OH 44114-3108

RAM Sale Number: 816
RAM Accounting Date: 02/25/2004

Serial Number: 78373604
Internet Transmission Date: Wed Feb 25 10:14:11 EST 2004
TEAS Stamp: USPTO/BAS-XXXXXXXXXX-2004022510141189104
4-78373604-20026a3439ad4957ad33c127e4e16
080-DA-816-20040225101146622430