TEAS Petition to Revive Abandon Applic

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 2194 (Rev 03/2012)

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 2194 (Rev 03/2012)

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

Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action

To the Commissioner for Trademarks:

Application serial no. 86711404 MAGEC(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86711404/large) has been amended as follows: PETITION Petition Statement
Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional, and requests the USPTO to revive the abandoned application.RESPONSE TO OFFICE ACTION

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Medical devices, including, devices for preventing and/or managing orthopedic deformities, trauma and/or diseases; Medical devices, including, external magnetic remote controls
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage 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.

Proposed:
Tracked Text Description: Medical devices, including, devices for preventing and/or managing orthopedic deformities, trauma and/or diseases; Medical devices, including, external magnetic remote controls; Medical devices, namely, minimally or non-invasive medical devices in the nature of adjustable orthopedic implants comprised of non-living material, responsive to magnetic stimuli, and external magnetic remote controls, sold together as a unitClass 010 for Medical devices, including, devices for preventing and/or managing orthopedic deformities, trauma and/or diseases; Medical devices, namely, minimally or non-invasive medical devices in the nature of adjustable orthopedic implants comprised of non-living material, responsive to magnetic stimuli, and external magnetic remote controls, sold together as a unit
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage 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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 009 for External magnetic remote controls
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage 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.

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: NUVASIVE, INC., a corporation of Delaware, having an address of
      7475 LUSK BLVD
      SAN DIEGO, California 92121
      United States

Proposed: NuVasive Specialized Orthopedics, Inc., a corporation of Delaware, having an address of
      101 Enterprise Suite 100
      Aliso Viejo, California 92656
      United States
      XXXX (authorized)
      858-320-4537
      858-450-7406

ATTORNEY ADDRESS
Applicant proposes to amend the following:
Proposed:
Jennifer Russell of NuVasive, Inc., having an address of
7475 Lusk Blvd San Diego, California 92121
United States
ip@nuvasive.com
8583204537
858-450-7406
The attorney docket/reference number is 726US2 .
The Other Appointed Attorney(s): Rory Schermerhorn, Heather Prado.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
Ellipse Technologies, Inc.
101 Enterprise, Ste. 100
Aliso Viejo
California
US
92656

Proposed:
Jennifer Russell of NuVasive, Inc., having an address of
7475 Lusk Blvd San Diego, California 92121
United States
ip@nuvasive.com
8583204537
858-450-7406
The docket/reference number is 726US2 .



ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
Magec appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


FEE(S)
Fee(s) in the amount of $375 is being submitted.

SIGNATURE(S)

Signature: /Jennifer Russell/      Date: 05/27/2016
Signatory's Name: Jennifer Russell
Signatory's Position: Attorney of record, California bar member
Signatory's Phone Number: 858-320-4537


Declaration Signature

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 registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, 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. 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.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage 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. 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.

Signature: /Jennifer Russell/      Date: 05/27/2016
Signatory's Name: Jennifer Russell
Signatory's Position: Attorney of record, California bar member
Signatory's Phone Number: 858-320-4537


Response Signature
Signature: /Jennifer Russell/     Date: 05/27/2016
Signatory's Name: Jennifer Russell
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 858-320-4537

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the owner/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    Jennifer Russell
   NuVasive, Inc.
   7475 Lusk Blvd
   San Diego, California 92121
        
RAM Sale Number: 86711404
RAM Accounting Date: 05/31/2016
        
Serial Number: 86711404
Internet Transmission Date: Fri May 27 13:48:10 EDT 2016
TEAS Stamp: USPTO/POA-XXX.XXX.XX.XXX-201605271348103
06000-86711404-5501735b2ae6f986e58ad285a
81c151638f332e268f53f870be211677338becd4
98-CC-933-20160527133811740215