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: 88545723

Filing Date: 07/29/2019

To the Commissioner for Trademarks:

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

The applicant, Biedermann Technologies GmbH & Co. KG, a limited liability company legally organized under the laws of Germany, having an address of
      Josefstrasse 5
      Donaueschingen 78166
      Germany

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:  Orthopedic implants, namely biological bone and skin tissue intended for subsequent implantation, surgical implants comprising living tissue, bone cement for medical purposes and coating materials for surgical implants.
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number EU 18 100 275, filed 07/26/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 010:  Surgical and/or medical apparatus and/or instruments, instruments and/or apparatus for orthopaedic surgery, instruments and/or apparatus for trauma surgery, implants for trauma surgery, surgical implants of artificial materials, special-purpose instruments for inserting implants, bone implants of artificial materials, spinal implants of artificial materials, medical guidewires, orthopaedic articles.
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number EU 18 100 275, filed 07/26/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 040:  Custom-manufacture of medical and/or surgical apparatus and/or instruments, custom-manufacture of surgical and/or orthopaedic implants, manufacture of surgical special purpose instruments for inserting implants.
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number EU 18 100 275, filed 07/26/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 041:  Education; training; the aforementioned services including organization, conducting, arranging and managing of seminars and workshops in the field of orthopaedic surgery, in particular in the field of trauma surgery, of spinal surgery; conducting training courses in the field of use of instruments and implants for orthopaedic surgery, in particular for trauma surgery, for spinal surgery; providing electronic publications, publication of texts (other than publicity texts); editing and publishing of printed matter; film and video production, namely providing and compilation of texts and images on video film, DVDs and similar electronic data carriers, included in class 41, all in the field of field of orthopaedic surgery, in particular in the field of trauma surgery, of 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.

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number EU 18 100 275, filed 07/26/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 042:  Scientific and technological services and research and design relating thereto; Industrial analysis and/or research, technical consultancy, technical project planning, technical project management, development of surgical and/or orthopaedic articles, development of implants and/or instruments for inserting implants, material development, material testing, providing of technical know how.
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number EU 18 100 275, filed 07/26/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 044:  Medical services, In particular procedures for anchoring bone implants in a bone
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number EU 18 100 275, filed 07/26/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.



The applicant's current Attorney Information:
      David S. Jacobson and David P. Gordon, Jay P. Sbrollini, and Christian Mannino of Gordon & Jacobson, P.C.      60 Long Ridge Road, Suite 407
      Stamford, Connecticut 06902
      United States
      203-323-1800(phone)
      203-323-1803(fax)
      pto@gordonjacobson.com (authorized)
The attorney docket/reference number is BDM-TM-007.

The applicant's current Correspondence Information:

David S. Jacobson

Gordon & Jacobson, P.C.

60 Long Ridge Road, Suite 407

Stamford, Connecticut 06902

203-323-1800(phone)

203 323-1803(fax)

pto@gordonjacobson.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 $1650 has been submitted with the application, representing payment for 6 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: /David S. Jacobson/   Date: 07/29/2019
Signatory's Name: David S. Jacobson
Signatory's Position: Attorney of Record, CT bar member
Payment Sale Number: 88545723
Payment Accounting Date: 07/29/2019

Serial Number: 88545723
Internet Transmission Date: Mon Jul 29 11:21:20 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-201907291121206
54675-88545723-620d545aeb22a747183fbe144
1d331f47a1128711686ea6fca4685b8a4feccad2
29-CC-21194286-20190729110920744249