TEAS Petition to Revive SOU

PTO Form 2195 (Rev 5/2006)

OMB No. 0651-0054 (Exp 10/31/2017)

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PTO Form 2195 (Rev 5/2006)

OMB No. 0651-0054 (Exp 10/31/2017)

Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request

To the Commissioner for Trademarks:

MARK: PRECICE(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85064864)
SERIAL NUMBER: 85064864

PETITION
Signatory has firsthand knowledge that the failure to file an SOU or Extension Request by the specific deadline was unintentional, and requests the USPTO to revive the abandoned application.
Notice of Allowance was received by applicant.

EXTENSION OF TIME AND STATEMENT OF USE
The applicant, Ellipse Technologies, Inc., having an address of
      13844 Alton Parkway
      Irvine, California 92618
      United States
requests revival of the application identified above, submits extension(s) of time and Statement of Use.   The Notice of Allowance mailing date was 01/11/2011.

The applicant is filing extension number(s): 2



For International Class 010:
Current identification: medical devices, namely, minimally or non-invasive medical devices in the nature of adjustable orthopedic implants comprised of non-living materials for orthopedic deformity prevention and management

The mark is in use in commerce on or in connection with all goods/services listed in the Notice of Allowance or as subsequently modified for this specific class
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 12/01/2011, and first used in commerce at least as early as 12/01/2011, 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) an electronic copy of a picture of the associated goods with the mark.
Specimen File1


A fee payment in the amount of $100 will be submitted with the form, representing payment for the petition fee.

A fee payment in the amount of $150 will be submitted with the form, representing payment for the extension fee.

A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.

A fee payment in the total amount of $350 will be submitted.

Petition




Signature: /vlsarigumba/ Date Signed: 01/17/2012
Signatory's Name: Valerie L. Sarigumba
Signatory's Position: Attorney
Signatory's Phone: 949-724-1849
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 so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements may jeopardize the validity of the form or any resulting registration, declares that he/she is properly authorized to execute this form 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 form is being filed under 15 U.S.C. Section 1126(d) or (e), 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: /vlsarigumba/ Date Signed: 01/17/2012
Signatory's Name: Valerie L. Sarigumba
Signatory's Position: Attorney
Signatory's Phone: 949-724-1849

Serial Number: 85064864
Internet Transmission Date: Tue Jan 17 17:47:54 EST 2012
TEAS Stamp: USPTO/PSE-XX.XX.XXX.XXX-2012011717475412
2986-85064864-49097a714777e5828323092ff1
e8bfe50-DA-5912-20120117173409078284