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: 78606747
Filing Date: 04/12/2005

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 Kinetic Spine Technologies.

The applicant, R. John Hurlbert, a citizen of Canada, residing at 36 Church Ranches Close, Calgary, Alberta, Canada, T3R 1C1, 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.

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 _______: Kinetic Spine Technologies will deliver goods and services for medical use. In general these will be surgical implants or equipment for performing surgical implantation used in surgical procedures involving the spine spanning from occiput to tailbone inclusive. The devices are implanted in humans or animals and are coupled to human or animal bones, discs, or ligaments for the purpose of remodeling, rebuilding, replacing, or stabilizing the spine. Products will include plates, screws, hooks, bolts, rings, shells, spacers, and native or artificial bone, disc and ligament implants. The implants will be made of steel, stainless steel, cobalt chrome, titanium, alloys of titanium, human / animal / artificial bone, polymer plastics, and hydrogel synthetics. They will be manufactured in the form of perforated strips, panels and straps, blocks, wedges, spheres, prostheses structures, and fasteners. Surgical hand tools will also be produced for use in general surgical spine procedures as well as in implant insertion including scalpels, blades, staplers, clamps, wrenches, screwdrivers, screw taps, drills, hammers, pliers, bone chisels, and a surgical retractor system consisting of connector set screws, tightening wrench, stability pin driver and ratchet adaptor. Specialized tools for preparing implant or other spaces within the spine will include reamers, trephines, cutters, scrapers, retractors, distractors, cannulae, drills, sizers, chisels, osteotomes, curettes, pituitaries, dissectors, tamps, inserts, positioners, impactors, and rongeurs. Other tools to assist with manipulation of implants will consist of implant trials that match size of implant to size of surgical site, and implant holders and insertion tools for holding and inserting the implant into the surgical site. Hand tools will be made of wood, steel, alloys of steel, stainless steel, titanium, alloys of titanium, plastic, and rubber. Bone cement and bone wax will be produced for surgical application.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: XXXX.

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: /R. John Hurlbert/   Date: 04/12/2005
Signatory's Name: Robin John Hurlbert
Signatory's Position: individual


Mailing Address:
     Hurlbert, R. John
     36 Church Ranches Close
     Calgary, Alberta T3R 1C1

RAM Sale Number: 1262
RAM Accounting Date: 04/12/2005

Serial Number: 78606747
Internet Transmission Date: Tue Apr 12 12:10:25 EDT 2005
TEAS Stamp: USPTO/BAS-XXXXXXXXXX-2005041212102504616
8-78606747-200b3b402e8582b16b319b0d22173
2619-CC-1262-20050412120510184132