Combined Sec 71 & 15 Affidavit

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1683 (Rev 11/2012)

OMB No. 0651-0055 (Exp 04/30/2022)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1683 (Rev 11/2012)

OMB No. 0651-0055 (Exp 04/30/2022)

Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 4486800
REGISTRATION DATE: 02/25/2014

MARK: SCARLET

The owner/holder, SPINEART S.A., Société anonyme legally organized under the laws of Switzerland, having an address of
      Chemin du Pré-Fleuri 3
      CH1228 Plan-les-Ouates, -
      Switzerland
is filing a Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15.

For International Class 010, the mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective membership organization, listed in the existing registered extension of protection for this specific class; and the mark has been continuously used in commerce for five (5) consecutive years after the date of registration, and is still in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registered extension of protection for this class. Also, no final decision adverse to the owner's claim of ownership of such mark for those goods/services exists, or to indicate membership in the collective membership organization or to the owner's right to register the same or to keep the same on the register; and, no proceeding involving said rights pending and not disposed of in either the U.S. Patent and Trademark Office or the courts exists.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) photographs showing the mark on packaging for the goods.
Specimen File1
Specimen File2
Specimen File3
Specimen File4

The registrant hereby appoints Janet G Ricciuti of JANET GILBERT RICCIUTI, PC, 1830 S ST NW, WASHINGTON, District of Columbia United States 20009 as registrant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The email address is ricciutij@comcast.net.

A fee payment in the amount of $325 will be submitted with the form, representing payment for 1 class(es), plus any additional grace period fee, if necessary.


Declaration

	Unless the holder/owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods/services identified above, as evidenced by the attached specimen(s).
	Unless the holder/owner has specifically claimed excusable nonuse, the specimen(s) shows the mark as currently used in commerce on or in connection with the goods/services.
	The mark has been in continuous use in commerce for five consecutive years after the date of registration in the United States, and is still in use in commerce on or in connection with all goods/services listed in the existing registration.
	There has been no final decision adverse to the holder's/owner's claim of ownership of such mark for such goods/services, or to the holder's/owner's right to register the same or to keep the same on the register.
	There is no proceeding involving said rights pending and not finally disposed of either in the United States Patent and Trademark Office or in a court.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of this submission and the registration, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Signature: /jgr123/    Date: 05/15/2019
Signatory's Name: Janet G Ricciuti
Signatory's Position: Attorney of Record - PA

Mailing Address:
   JANET GILBERT RICCIUTI, PC
   1830 S ST NW
   WASHINGTON, District of Columbia 20009

Serial Number: 79129196
Internet Transmission Date: Wed May 15 15:07:39 EDT 2019
TEAS Stamp: USPTO/S71N15-XX.XXX.XX.XXX-2019051515073
9833830-4486800-620b857c72e4f3ec120aaecd
ed7623e7cec174cfb28affa8b7d2887d319d1453
-CC-1390-20190515150321220191