Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

Trademark/Service Mark Application, Principal Register

Serial Number: 85730768

Filing Date: 09/17/2012

To the Commissioner for Trademarks:

MARK: NEXEL (Standard Characters, see mark)
The literal element of the mark consists of NEXEL.
The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, Zimmer, Inc., a corporation of Delaware, having an address of
      345 East Main Street
      Warsaw, Indiana 46580
      United States


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, for the following:

       International Class 010:  Orthopedic devices, namely an elbow joint implant system, surgical instrumentation used in association therewith
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)).


The applicant's current Attorney Information:
      James T. Nikolai and Thomas J. Nikolai, C. G. Mersereau, Peter G. Nikolai of Nikolai & Mersereau, P.A.

      Suite 820
      900 Second Avenue South
      Minneapolis, Minnesota 55402
      United States
The attorney docket/reference number is 20120312.

The applicant's current Correspondence Information:

James T. Nikolai

Nikolai & Mersereau, P.A.

Suite 820       900 Second Avenue South

Minneapolis, Minnesota 55402

612-339-7461(phone)

612-349-6556(fax)

jim.nikolai@nm-iplaw.com;bonnie.ryan@nm-iplaw.com (not authorized)

A fee payment in the amount of $325 has been 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.

Declaration Signature

Signature: /James T. Nikolai/   Date: 09/17/2012
Signatory's Name: James T. Nikolai
Signatory's Position: Attorney of record, Minnesota bar member
RAM Sale Number: 2044
RAM Accounting Date: 09/18/2012

Serial Number: 85730768
Internet Transmission Date: Mon Sep 17 15:38:08 EDT 2012
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2012091715380839
9842-85730768-49050f8a8e6a64e2858ceabbc3
29b9dac-DA-2044-20120917151625460398