| PTO Form 1553 (Rev 9/2005) |
| OMB No. 0651-0054 (Exp. 11/30/2008) |
Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
78405238 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 113 |
| NOTICE OF ALLOWANCE |
YES |
| EXTENSION OF USE |
NO |
| REQUEST TO DIVIDE |
NO |
| MARK SECTION |
| STANDARD CHARACTERS |
YES |
| USPTO-GENERATED IMAGE |
YES |
| LITERAL ELEMENT |
SPHERX |
| OWNER SECTION (current) |
| NAME |
NuVasive, Inc. |
| STREET |
4545 TOWNE CENTRE CT |
| CITY |
San Diego |
| STATE |
California |
| ZIP/POSTAL CODE |
92121 |
| COUNTRY |
United States |
| PHONE |
858-271-7070 |
| FAX |
858-271-7101 |
| OWNER SECTION (proposed) |
| NAME |
NuVasive, Inc. |
| STREET |
4545 TOWNE CENTRE CT |
| CITY |
San Diego |
| STATE |
California |
| ZIP/POSTAL CODE |
92121 |
| COUNTRY |
United States |
| PHONE |
800-455-1476 |
| FAX |
858-909-2000 |
| EMAIL |
XXXX |
| ATTORNEY SECTION (no change) |
| GOODS AND/OR SERVICES SECTION |
| INTERNATIONAL CLASS |
010 |
| GOODS AND/OR SERVICES |
KEEP ALL LISTED, EXCEPT Surgical plates; hooks; dynamic spinal fixation comprised of flexible rods, connectors, screws; intervertebral plates. |
| FIRST USE ANYWHERE DATE |
06/02/2004 |
| FIRST USE IN COMMERCE DATE |
06/02/2004 |
| SPECIMEN FILE NAME(S) |
\\TICRS\EXPORT9\IMAGEOUT9\784\052\78405238\xml2\SOU0002.JPG |
| SPECIMEN DESCRIPTION |
scanned product label |
| PAYMENT SECTION |
| NUMBER OF CLASSES |
1 |
| SUBTOTAL AMOUNT |
100 |
| TOTAL AMOUNT |
100 |
| SIGNATURE SECTION |
| SIGNATURE |
/jonathan spangler/ |
| SIGNATORY NAME |
Jonathan Spangler |
| SIGNATORY DATE |
07/20/2005 |
| SIGNATORY POSITION |
Vice President & Chief Patent Counsel |
| FILING INFORMATION |
| SUBMIT DATE |
Wed Jul 20 14:05:03 EDT 2005 |
| TEAS STAMP |
USPTO/SOU-XXX.XXX.XXX.XX-
20050720140503412348-7840
5238-250ee323efeacc8f54b8
5a5fb6385759f9-DA-1554-20
050720131435677021 |
| PTO Form 1553 (Rev 9/2005) |
| OMB No. 0651-0054 (Exp. 11/30/2008) |
Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))
To the Commissioner for Trademarks:
MARK: SPHERX
SERIAL NUMBER: 78405238
This Allegation of Use is being filed after a Notice of Allowance has issued.
The applicant, NuVasive, Inc., having an address of 4545 TOWNE CENTRE CT, San Diego, California United States 92121, 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, 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, except the following: Surgical plates; hooks; dynamic spinal fixation comprised of flexible rods, connectors, screws; intervertebral plates..
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 06/02/2004, and first used in commerce at least as early as
06/02/2004, 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 product label.
Specimen-1
The applicant hereby appoints Jonathan Spangler to submit this Trademark/Service Mark Statement of Use on behalf of the applicant. The attorney docket/reference number is 110US1.
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: /jonathan spangler/ Date Signed: 07/20/2005
Signatory's Name: Jonathan Spangler
Signatory's Position: Vice President & Chief Patent Counsel
RAM Sale Number: 1554
RAM Accounting Date: 07/20/2005
Serial Number: 78405238
Internet Transmission Date: Wed Jul 20 14:05:03 EDT 2005
TEAS Stamp: USPTO/SOU-XXX.XXX.XXX.XX-200507201405034
12348-78405238-250ee323efeacc8f54b85a5fb
6385759f9-DA-1554-20050720131435677021
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