Extension of Time to File SOU

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 1581 (Rev 09/2005)

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

---

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 1581 (Rev 09/2005)

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

SOU Extension Request
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:

MARK: PROPEL
SERIAL NUMBER: 86581294

The applicant, NuVasive, Inc., having an address of
      Intellectual Property
      7475 Lusk Blvd
      San Diego, California 92121
      United States
      858-320-4537
      858-450-7406
      XXXX (not authorized)
requests a six-month extension of time to file the Statement of Use under 37 C.F.R. Section 2.89 in this application.    The Notice of Allowance mailing date was 03/01/2016.

For International Class 005:
Current identification: Biological bone graft featuring demineralized bone matrix

For a trademark/service mark: The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class; for a collective/certification mark: the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with the goods/services/collective membership organization listed in the Notice of Allowance, or as subsequently modified for this specific class.


This is the second extension request. The applicant has made the following ongoing efforts to use the mark in commerce on or in connection with each of those goods/services covered by the extension request: Applicant believes that it has made proper use of its mark in commerce and is filing this Extension as a precautionary measure.

A Statement of Use has already been submitted or is being submitted along with the Extension request as evidence that applicant believes that it has made valid use of the mark in commerce.   If the USPTO finds the Statement of Use to be fatally defective, the applicant requests additional time to file an amended or substitute Statement of Use.



A fee payment in the amount of $125 will be submitted with the form, representing payment for 1 class.


Declaration

STATEMENTS: The signatory believes that: the applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all the goods/services under Section 1(b) in the notice of allowance or as subsequently modified, or, if applicable, the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with all the goods/services/collective membership organization under Section 1(b) in the notice of allowance or as subsequently modified; and that to the best of the signatory's knowledge and belief, no other persons, except, if applicable, members and concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

DECLARATION: 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 the application or submission or any resulting registration, declares 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: /Jana L. France/      Date Signed: 03/01/2017
Signatory's Name: Jana L. France
Signatory's Position: Attorney of Record, Member of the Bar of the State of MN
Signatory's Phone: 763-208-9847

RAM Sale Number: 86581294
RAM Accounting Date: 03/01/2017

Serial Number: 86581294
Internet Transmission Date: Wed Mar 01 12:38:12 EST 2017
TEAS Stamp: USPTO/ESU-XX.XX.XXX.XXX-2017030112381215
5434-86581294-5803cebc6ae9359949ccf699d0
5c12a62bda9185dc689bd16aa11d577feffb4f-C
C-12860-20170301123339044024