Statement of Use

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 1553 (Rev 09/2005)

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

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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 1553 (Rev 09/2005)

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

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: PROPEL(Standard Characters, see http://uspto.report/TM/86581294/mark.png)
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)
is submitting the following allegation of use information:

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

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or 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 07/20/2015, and first used in commerce at least as early as 07/20/2015, 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) photograph showing the mark being used on the container for the goods.

Original PDF file:
SPN0-7573236142-20170227154724894072_._2017.02.27_-_Specimen_of_Use.pdf
Converted PDF file(s) (1 page)
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form. MISCELLANEOUS STATEMENTS
Applicant recently noticed that it inadvertently identified the state of its incorporation as being California rather than Delaware. This was an obvious typographical error that occurred because Applicant is located in California. The correct party was accurately identified as the Applicant when the application was filed. Therefore, pursuant to Section 1201.02(c) of the Trademark Manual of Examining Procedure and In re Techsonic Indust., Inc. 216 UPSQ 619 (TTAB 1982), Applicant respectfully requests that the state of incorporation in the application be amended to be Delaware rather than California.


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


Declaration

	The applicant is the owner of the mark sought to be registered.
	For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified. For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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.
	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 the application or submission or any registration resulting therefrom, 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: 02/27/2017
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: 02/28/2017

Serial Number: 86581294
Internet Transmission Date: Mon Feb 27 15:55:09 EST 2017
TEAS Stamp: USPTO/SOU-XX.XX.XXX.XXX-2017022715550935
6551-86581294-580bbd3e67efe4868e961fc91f
192d7e5785c0ae5868ea4a98805d5ef251c8a564
-CC-15936-20170227154724894072