TEAS RF New Application

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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

---

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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88010790

Filing Date: 06/22/2018

To the Commissioner for Trademarks:

MARK: ACTIVE AI SPINE ROBOTICS (Standard Characters, see mark)
The literal element of the mark consists of ACTIVE AI SPINE ROBOTICS.
The mark consists of standard characters, without claim to any particular font style, size, or color.

The applicant, K2M, Inc., a corporation of Delaware, having an address of
      600 Hope Parkway SE
      Leesburg, Virginia 20175
      United States

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 009:  Computer software and computer hardware for the purposes of assisting in surgery from planning to performance to post-operative results
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 010:  Surgical instruments and surgical implants comprising artificial materials used in spinal surgery
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 042:  providing online non-downloadable software for the purposes of assisting in surgery from planning to performance to post-operative results; providing information in the field of designing medical and surgical apparatus, appliances, devices and instruments; consulting in the field of designing medical and surgical apparatus, appliances, devices and instruments
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.


The applicant's current Attorney Information:
      Alexandre Montagu and Thomas Walsh and Paula Upson of MontaguLaw, P.C.      1120 Avenue of the Americas, 4th Fl
      New York, New York 10036
      United States
      212-996-1287(phone)
      trademarks@montagulaw.com (authorized)

The applicant's current Correspondence Information:

Alexandre Montagu

MontaguLaw, P.C.

1120 Avenue of the Americas, 4th Fl

New York, New York 10036

212-996-1287(phone)

trademarks@montagulaw.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $825 has been submitted with the application, representing payment for 3 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, 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 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.

Declaration Signature

Signature: /ThomasWalsh/   Date: 06/22/2018
Signatory's Name: Thomas Walsh
Signatory's Position: Attorney of record, New York bar member
Payment Sale Number: 88010790
Payment Accounting Date: 06/22/2018

Serial Number: 88010790
Internet Transmission Date: Fri Jun 22 10:36:41 EDT 2018
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201806221036416
54906-88010790-610698d6aeac0a3d9cb62650e
cf835a9dd894291a9c9b91adcb43b7f9976b7f1-
DA-8369-20180622102605913214