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 12/31/2020)

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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 12/31/2020)

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

To the Commissioner for Trademarks:
MARK: EL CAPITAN(Standard Characters, see http://uspto.report/TM/88340624/mark.png)
SERIAL NUMBER: 88340624



MARK
Applicant proposes to amend the mark as follows:
Current: EL CAPITAN(Standard Characters, see http://uspto.report/TM/88340624/mark.png)
Proposed (USPTO generated image): EL CAPITAN (Standard Characters, see mark)

The mark consists of standard characters, without claim to any particular font style, size, or color.
OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Astura Medical Inc., having an address of
      5670 El Camino Real, Suite B
      Carlsbad, California 91941
      United States
      Phone: 6195789876
      Email: XXXX
Proposed: Astura Medical Inc., having an address of
      5670 El Camino Real, Suite B
      Carlsbad, California 91941
      United States
      Phone: 6195789876
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 010:
Current identification: Surgical and medical apparatus and instruments for use in spinal surgery

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 04/30/2020, and first used in commerce at least as early as 04/30/2020, 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 showing use of the mark in commerce.
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form. Correspondence Information (current):
      Michael Shevlin
      PRIMARY EMAIL FOR CORRESPONDENCE: mike@shevlinlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mshevlin@cox.net; docketing@cpaglobal.com; mshevlin@shevlinlaw.foundationip.com
Correspondence Information (proposed):
      Michael Shevlin
      PRIMARY EMAIL FOR CORRESPONDENCE: mike@shevlinlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mshevlin@cox.net; docketing@cpaglobal.com; mshevlin@shevlinlaw.foundationip.com

The docket/reference number is AST-017.

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 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: /Michael Shevlin/      Date Signed: 07/22/2020
Signatory's Name: Michael Shevlin
Signatory's Position: Attorney of record, California Bar member
Signatory's Phone: 6195789876

Request to Divide Signature


Signature: /Michael Shevlin/    Date: 07/22/2020
Signatory's Name: Michael Shevlin
Signatory's Position: Attorney of record, California bar member

Signatory's Phone: 6195789876

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.


RAM Sale Number: 88340624
RAM Accounting Date: 07/22/2020

Serial Number: 88340624
Internet Transmission Date: Wed Jul 22 09:18:51 ET 2020
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XXX-202007220918518
80497-88340624-74042ae64457eeca71c871216
4dec8dc4037a788b91b996cddf56b15580141ed6
-CC-18504937-20200722091053966519