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: MODULUS(Standard Characters, see http://uspto.report/TM/87140634/mark.png)
SERIAL NUMBER: 87140634



The applicant, NuVasive, Inc., having an address of
      7475 Lusk Blvd.
      San Diego, California 92121
      United States
      8589091845
      8584507406
      XXXX (authorized)
is submitting the following allegation of use information:

For International Class 010:
Current identification: Surgical implants comprising artificial material and associated surgical instrument sets

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 04/18/2017, and first used in commerce at least as early as 04/18/2017, 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) instructional manual that accompanies the goods.

Original PDF file:
SPN0-7573236142-20170613150717522239_._2017.06.13_-_Specimen_of_Use.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2


The applicant is not filing a Request to Divide with this Allegation of Use form.
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 signatory believes that 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 all statements made on information and belief are believed to be true.

Signature: /Jana L. France/      Date Signed: 06/13/2017
Signatory's Name: Jana L. France
Signatory's Position: Attorney of Record, Minnesota bar member
Signatory's Phone: 763-208-9847

RAM Sale Number: 87140634
RAM Accounting Date: 06/14/2017

Serial Number: 87140634
Internet Transmission Date: Tue Jun 13 15:16:21 EDT 2017
TEAS Stamp: USPTO/SOU-XX.XX.XXX.XXX-2017061315162100
1145-87140634-5904aa9e012d5929027562b9be
db7f4194d46a886377d79a7b1a77f5529ac2f813
7-CC-1917-20170613150717522239