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)

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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 1478 (Rev 09/2006)

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

Trademark/Service Mark Application, Principal Register

Serial Number: 88468086

Filing Date: 06/11/2019

To the Commissioner for Trademarks:

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

The applicant, Spine Wave, Inc., a corporation of Delaware, having an address of
      Suite 210
      Three Enterprise Drive
      Shelton, Connecticut 06484
      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 005:  Allogenic tissue intended for subsequent implantation in medical and surgical procedures, namely, bone matrix, viable cell, amniotic membrane and structural allografts.
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:  Bone substitutes and bone tissue for surgical use; Surgical implants and instruments comprised of artificial material.
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:
      Salvatore J. Abbruzzese and Daniel A. Scola Jr., Michael I. Chakansky, John S. Sopko, Andrea M. Wilkovich, Stephen J. Brown, Matthew J. Solow and Leila Marcovici all members of the Bar of the State of New Jersey and each of them of HOFFMANN & BARON, LLP, 4 Century Drive,Suite 300, Parsippany, New Jersey 07054; and Ronald J. Baron, Glenn T. Henneberger, Anthony E. Bennett, Steven T. Zuschlag, Susan A. Sipos, Kevin E. McDermott, James F. Harrington, Mark E. Baron, Lauren T. Emr, Alexander G. Vodovozov, Perry Woo, Silvana M. Merlino, John T. Gallagher, Celeste M. Butera and Wayne L. Ellenbogen all members of the Bar of the State of New York and each of them of HOFFMANN & BARON, LLP      6900 Jericho Turnpike
      Syosset, New York 11791-4406
      United States
      973-331-1700(phone)
      973-331-1717(fax)
      SJAdocket@hbiplaw.com (authorized)
The attorney docket/reference number is 1487-150.

The applicant's current Correspondence Information:

Salvatore J. Abbruzzese

HOFFMANN & BARON, LLP

6900 Jericho Turnpike

Syosset, New York 11791-4406

973-331-1700(phone)

973-331-1717(fax)

SJAdocket@hbiplaw.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 $550 has been submitted with the application, representing payment for 2 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: /Salvatore J. Abbruzzese/   Date: 06/11/2019
Signatory's Name: Salvatore J. Abbruzzese
Signatory's Position: Attorney of record, NJ bar member
Payment Sale Number: 88468086
Payment Accounting Date: 06/11/2019

Serial Number: 88468086
Internet Transmission Date: Tue Jun 11 13:01:07 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XXX-201906111301075
58055-88468086-620fb45964c2d9edeee4255e4
2fe79fafa30fe2e3b2d5572294d37d8d785ade-C
C-11770-20190611105743954752