Response to Office Action

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 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

---

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 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88446144 METAL-FREE(Standard Characters, see http://uspto.report/TM/88446144/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Response with Exhibit A has been attached.
Original PDF file:
evi_184188176146-20200219171531534577_._2020-02-19_ROA_-_TM0122A.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_184188176146-20200219171531534577_._2020-02-19_ROA_EX_A_-_TM0122A.pdf
Converted PDF file(s) ( 10 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 010 for Medical devices, namely, spinal implants composed of artificial materials; Surgical and medical apparatus and instruments for use in spinal surgery
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, namely, spinal implants composed of artificial materials; Medical devices, namely, spinal implants composed of primarily non-metal materials; Surgical and medical apparatus and instruments for use in spinal surgeryClass 010 for Medical devices, namely, spinal implants composed of primarily non-metal materials
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Amendia, Inc., DBA Spinal Elements, a corporation of Georgia, having an address of
      3115 Melrose Drive, Suite 200
      Carlsbad, California 92010
      United States

Proposed: Spinal Elements, Inc., a corporation of Delaware, having an address of
      3115 Melrose Drive, Suite 200
      Carlsbad, California 92010
      United States
      Email Address: XXXX

The owner's/holder's current attorney information: Greg Bradford. Greg Bradford of SPINAL ELEMENTS, is located at

      3115 MELROSE DRIVE, SUITE 200
      CARLSBAD, California 92010
      United States
The docket/reference number is TM0122A.
      The phone number is 760-607-1571.
      The email address is gbradford@spinalelements.com

The owner's/holder's proposed attorney information: Greg Bradford. Other appointed attorneys are Yang Pak. Greg Bradford of Spinal Elements, Inc., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      3115 MELROSE DRIVE, SUITE 200
      CARLSBAD, California 92010
      United States
The docket/reference number is TM0122A.
      The email address is gbradford@spinalelements.com

Greg Bradford submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      GREG BRADFORD
      PRIMARY EMAIL FOR CORRESPONDENCE: gbradford@spinalelements.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): patents@spinalelements.com; ypak@spinalelements.com

The docket/reference number is TM0122A.
Correspondence Information (proposed):
      Greg Bradford
      PRIMARY EMAIL FOR CORRESPONDENCE: gbradford@spinalelements.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): patents@spinalelements.com; ypak@spinalelements.com

The docket/reference number is TM0122A.

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

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant has amended the description of goods to recite: "Medical devices, namely, spinal implants composed of primarily non-metal materials." The goods are spinal implants for use in spinal surgery.


SIGNATURE(S)
Response Signature
Signature: /Greg Bradford/     Date: 02/19/2020
Signatory's Name: Greg Bradford
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 760-607-1571

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.

Mailing Address:    GREG BRADFORD
   SPINAL ELEMENTS
   
   3115 MELROSE DRIVE, SUITE 200
   CARLSBAD, California 92010
Mailing Address:    Greg Bradford
   Spinal Elements, Inc.
   3115 MELROSE DRIVE, SUITE 200
   CARLSBAD, California 92010
        
Serial Number: 88446144
Internet Transmission Date: Wed Feb 19 17:23:35 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20200219172335
406285-88446144-71056fa8b1e6ce13c70582cd
cf8c6e5193e589beda450b637a14335c934fd67a
7c1-N/A-N/A-20200219171531534577