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: 78759526
Filing Date: 11/22/2005

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 RESURGE.

The applicant, Howmedica Osteonics Corp., a corporation of New Jersey, residing at 325 Corporate Drive, Mahwah, New Jersey, United States, 07430, 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 010: Orthopedic joint implants and instrumentation for facilitating the implantation of the joint implants; orthopedic resurfacing implants and instrumentation for facilitating the implantation of the resurfacing implants.

The applicant hereby appoints David G. Boutell and Dale H. Thiel, Ronald J. Tanis, Terryence F. Chapman, Mark L. Maki, Liane L. Churney, Brian R. Tumm, Steven R. Thiel, Donald J. Wallace and Sidney B. Williams, Jr. of FLYNN, THIEL, BOUTELL & TANIS, P.C., 2026 Rambling Road, Kalamazoo, Michigan, United States, 49008-1631 to submit this application on behalf of the applicant. The attorney docket/reference number is 3008.T0248US.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: docket@flynnthiel.com.

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: /David G. Boutell/   Date: 11/22/2005
Signatory's Name: David G. Boutell
Signatory's Position: Attorney at Law with Power of Attorney from Applicant


Mailing Address:
     David G. Boutell
     2026 Rambling Road
     Kalamazoo, Michigan 49008-1631

RAM Sale Number: 326
RAM Accounting Date: 11/23/2005

Serial Number: 78759526
Internet Transmission Date: Tue Nov 22 16:13:14 EST 2005
TEAS Stamp: USPTO/BAS-XXXXXXXXXX-2005112216131428763
9-78759526-2002e9ab4a22469947f8d6491d4a7
6e582-DA-326-20051122160509105764