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: 85738397

Filing Date: 09/25/2012

To the Commissioner for Trademarks:

MARK: LDR (stylized and/or with design, see mark)

The literal element of the mark consists of LDR.
The applicant is not claiming color as a feature of the mark. The mark consists of the letters LDR appearing in upper case to the right of an irregular oval design; the oval design contains a circle in which a stylized human figure consisting of an arc topped with a dot appears.
The applicant, LDR Medical, S.A.S., a société par actions simplifiée (sas) legally organized under the laws of France, having an address of
      4 rue Gustave Eiffel 10430 Rosières Près
      Troyes
      France


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:  surgical implants, namely artificial discs for lumbar and cervical disc replacement; orthopedic preparations, namely synthetic bone graft substitutes; surgical instruments used in lumbar laminectomy; fusion spinal implant systems consisting of artificial materials, namely cage devices for use in surgical lumbar and cervical implant procedures; implant component systems for surgical stabilization of the spine, namely screws and rods used in fusion surgery

In International Class 010, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 00/00/2007, and first used in commerce at least as early as 05/13/2011, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) photograph of surgical instrument case bearing Applicant's mark.
Specimen File1



The applicant claims ownership of U.S. Registration Number(s) 3199531.

LDR has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for related goods or services of U.S. Registration No(s). 3199531.

The applicant's current Attorney Information:
      Clarissa Marischen and Joseph A. Hoffman, Jeff C. Dodd, Gary L. Bush, Douglas W. Rommelman, John P. Courtney, J. Roger Williams, Jr. and Michele Schwartz of Andrews Kurth LLP
      111 Congress Avenue, Suite 1700
      Austin, Texas 78701
      United States
The attorney docket/reference number is 159655.

The applicant's current Correspondence Information:

Clarissa Marischen

Andrews Kurth LLP

111 Congress Avenue, Suite 1700

Austin, Texas 78701

512-320-9247(phone)

512-542-5229(fax)

austindocketing@andrewskurth.com;cmarischen@andrewskurth.com (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: /clarissa marischen/   Date: 09/25/2012
Signatory's Name: Clarissa Marischen
Signatory's Position: Attorney of record, Texas bar member
RAM Sale Number: 7412
RAM Accounting Date: 09/26/2012

Serial Number: 85738397
Internet Transmission Date: Tue Sep 25 19:33:12 EDT 2012
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20120925193312
686275-85738397-4909afca795e5d3b2e535c35
86cf69287-DA-7412-20120925190256220490