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: 88675810

Filing Date: 10/31/2019

To the Commissioner for Trademarks:

MARK: CYCLOPS (Standard Characters, see mark)
The literal element of the mark consists of CYCLOPS. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, DeGen Medical, Inc., a corporation of South Carolina, having an address of
      1321-C North Cashua Drive
      Florence, South Carolina 29501
      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 010:  Surgical instruments and apparatus; Medical apparatus and instruments, namely, implantable medical devices for use in spinal surgery; Orthopedic articles, namely, implantable medical devices for use in spinal surgery; Medical and surgical devices and instruments, namely, cervical plates formed of artificial materials; Surgical instruments and fasteners for implanting cervical plates; Medical apparatus, namely, a spinal fusion device; Surgical implants comprising artificial material and instruments for use in spinal surgery, namely, an anterior cervical plate; Medical devices for use in treatment of the spine; Medical devices, namely, spinal implants composed of artificial materials.

In International Class 010, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 10/28/2019, and first used in commerce at least as early as 10/28/2019, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) instructions for use included in the packaging with the goods showing the mark being used in connection with the goods.

Original PDF file:
SPE0-1998310718-20191031131126964487_._Specimen.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2



The applicant hereby appoints Timothy J. Van Tuinen. Other appointed attorneys are J. Matthew Buchanan. Timothy J. Van Tuinen of Buchanan Van Tuinen LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      P.O. Box 700
      Perrysburg, Ohio 43552
      United States
      +Exception caught when try to retrieve message-(phone)
      uspto@ipbybv.com (authorized).
The attorney docket/reference number is 1324-087.
Timothy J. Van Tuinen 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.

The applicant's current Correspondence Information:

Timothy J. Van Tuinen

Buchanan Van Tuinen LLC

P.O. Box 700

Perrysburg, Ohio 43552

+Exception caught when try to retrieve message-(phone)

uspto@ipbybv.com; tim.vantuinen@ipbybv.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the email address provided in this application. I understand that a valid email 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 $275 has been submitted with the application, representing payment for 1 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: /Craig black/   Date: 10/31/2019
Signatory's Name: Craig Black
Signatory's Position: President
Payment Sale Number: 88675810
Payment Accounting Date: 10/31/2019

Serial Number: 88675810
Internet Transmission Date: Thu Oct 31 15:28:33 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XX-2019103115283320
8589-88675810-700572eed3381d58a7722ea877
cf3129d28152fda56e0f7c3249ff82b3158a85-C
C-28316875-20191031131126964487