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 2195 (Rev 09/2004)
OMB No. 0651-0054 (Exp 12/31/2020)

Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request

The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER88039972
LAW OFFICE ASSIGNEDLAW OFFICE 110
DATE OF NOTICE OF ABANDONMENT 00/00/0000
MARK SECTION
MARK mark
LITERAL ELEMENT SABER
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
PETITION
PETITION STATEMENT Applicant has firsthand knowledge that the failure to file an SOU or Extension Request by the specific deadline was unintentional, and requests the USPTO to revive the abandoned application.
NOTICE OF ALLOWANCE Notice of Allowance was received by applicant.
STATEMENT OF USE
OWNER SECTION (current)
NAME ELEVATION SPINE, INC.
MAILING ADDRESS 2600 Garden Rd, Ste. 330
CITY Monterey
STATE California
ZIP/POSTAL CODE 93940
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 650-302-7504
EMAIL XXXX
OWNER SECTION (proposed)
NAME ELEVATION SPINE, INC.
INTERNAL ADDRESS 2511 Garden Road
MAILING ADDRESS Suite B260
CITY Monterey
STATE California
ZIP/POSTAL CODE 93940
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 6503027504
EMAIL XXXX
GOODS AND/OR SERVICES SECTION FOR STATEMENT OF USE
INTERNATIONAL CLASS 010
CURRENT IDENTIFICATION Spinal implants composed of artificial material; Medical apparatus, namely, a spinal fusion device; Medical devices, namely, spinal implants composed of artificial materials; Surgical and medical apparatus and instruments for use in spinal surgery
GOODS OR SERVICES KEEP ALL LISTED
FIRST USE ANYWHERE DATE01/30/2017
FIRST USE IN COMMERCE DATE02/18/2020
SPECIMEN FILE NAME(S)\\TICRS\EXPORT18\IMAGEOUT 18\880\399\88039972\xml1 \ PSE0002.JPG
SPECIMEN DESCRIPTIONWebsite with trademark Saber (note this product is purchased by hospitals through approved distributors)
EXTENSION OF TIME TO FILE A STATEMENT OF USE
EXTENSION PERIOD(S) 2
ALLOWANCE MAIL DATE02/12/2019
CORRESPONDENCE INFORMATION (current)
NAMEELEVATION SPINE, INC.
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCEcharliegilbride@gmail.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
CORRESPONDENCE INFORMATION (proposed)
NAMEELEVATION SPINE, INC.
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCEcharliegilbride@gmail.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES)bportesi@elevationspine.com
PAYMENT SECTION
PETITION FEE 100
NUMBER OF CLASSES IN USE 1
EXTENSION FEE 125
NUMBER OF CLASSES IN USE 1
SUBTOTAL AMOUNT [ALLEGATION OF USE FEE] 100
TOTAL AMOUNT325
SIGNATURE SECTION
PETITION SIGNATURE/Charles Gilbride/
SIGNATORY'S NAME Charles Gilbride
SIGNATORY'S POSITION President and CEO
DATE SIGNED 02/18/2020
SIGNATORY'S PHONE NUMBER 650-302-7504
DECLARATION SIGNATURE/Charles Gilbride/
SIGNATORY'S NAME Charles Gilbride
SIGNATORY'S POSITION President and CEO
DATE SIGNED 02/18/2020
SIGNATORY'S PHONE NUMBER 650-302-7504
FILING INFORMATION
SUBMIT DATE Tue Feb 18 11:07:16 ET 2020
TEAS STAMP USPTO/PSE-XXXX:XXXX:XXXX:
XXXX:XXXX:XXXX:XXXX:XXXX-
20200218110716747939-8803
9972-71045b1ab7013a2a132e
86e2a6ef241549fa66b59ba1d
79b5f7d3e878c3302a237b-CC
-07140575-202002181040504
96809


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 2195 (Rev 09/2004)
OMB No. 0651-0054 (Exp 12/31/2020)


Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request

To the Commissioner for Trademarks:

MARK: SABER(Standard Characters, see mark )
SERIAL NUMBER: 88039972

PETITION

Petition Statement
Signatory has firsthand knowledge that the failure to file an SOU or Extension Request by the specific deadline was unintentional, and requests the USPTO to revive the abandoned application.

Notice of Allowance was received by applicant.

EXTENSION OF TIME AND STATEMENT OF USE
The owner proposes to amend the following:
Current: ELEVATION SPINE, INC., having an address of
      2600 Garden Rd, Ste. 330
      Monterey, California 93940
      United States
      Phone: 650-302-7504
      Email: XXXX
Proposed: ELEVATION SPINE, INC., having an address of
      2511 Garden Road
      Suite B260
      Monterey, California 93940
      United States
      6503027504
      Email: XXXX
requests revival of the application identified above, submits extension(s) of time and Statement of Use.   The Notice of Allowance mailing date was 02/12/2019.

The applicant is filing extension number(s): 2



For International Class 010:
Current identification: Spinal implants composed of artificial material; Medical apparatus, namely, a spinal fusion device; Medical devices, namely, spinal implants composed of artificial materials; Surgical and medical apparatus and instruments for use in spinal surgery

The mark is in use in commerce on or in connection with all goods/services listed in the 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 01/30/2017, and first used in commerce at least as early as 02/18/2020, 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) Website with trademark Saber (note this product is purchased by hospitals through approved distributors).
Specimen File1

Correspondence Information (current):
      ELEVATION SPINE, INC.
      PRIMARY EMAIL FOR CORRESPONDENCE: charliegilbride@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

Correspondence Information (proposed):
      ELEVATION SPINE, INC.
      PRIMARY EMAIL FOR CORRESPONDENCE: charliegilbride@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): bportesi@elevationspine.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $100 will be submitted with the form, representing payment for the petition fee.

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

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

A fee payment in the total amount of $325 will be submitted.

Petition




Signature: /Charles Gilbride/ Date Signed: 02/18/2020
Signatory's Name: Charles Gilbride
Signatory's Position: President and CEO
Signatory's Phone: 650-302-7504
Declaration

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 all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.

STATEMENTS FOR PETITION TO REVIVE: The signatory believes that he/she has firsthand knowledge that the applicant's failure to timely file a statement of use (SOU) or request for an extension of time to file a statement of use (extension request) was unintentional; and requests that the USPTO revive the application.

STATEMENTS FOR SOU: The signatory believes that: if the applicant is filing the SOU under 15 U.S.C. §1051(d), the applicant is the owner of the mark sought to be registered; for a trademark or service mark application, the applicant is using the mark in commerce on or in connection with all the goods/services in the notice of allowance or as subsequently modified; for a collective trademark, collective service mark, or 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 the goods/services/collective membership organization in the 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 goods/services in the 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; that 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; and the specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.

STATEMENTS FOR EXTENSION REQUEST: The signatory believes that: if the applicant is filing the extension request under 15 U.S.C. §1051(d), for a trademark or service mark application, the applicant has a continued bona fide intention to use the mark in commerce on or in connection with all the goods/services under §1(b) in the notice of allowance or as subsequently modified; for a collective trademark, collective service mark, or collective membership mark application, the applicant has a bona fide intention to exercise legitimate control over the use of the mark in commerce by members on or in connection with the goods/services/collective membership organization in the notice of allowance or as subsequently modified; for a certification mark application, the applicant has a bona fide intention to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the goods/services in the notice of allowance or as subsequently modified 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; and that 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: /Charles Gilbride/ Date Signed: 02/18/2020
Signatory's Name: Charles Gilbride
Signatory's Position: President and CEO
Signatory's Phone: 650-302-7504

Serial Number: 88039972
Internet Transmission Date: Tue Feb 18 11:07:16 ET 2020
TEAS Stamp: USPTO/PSE-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200218110716747939-88039972-
71045b1ab7013a2a132e86e2a6ef241549fa66b5
9ba1d79b5f7d3e878c3302a237b-CC-07140575-
20200218104050496809