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)

---

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: 88695797

Filing Date: 11/18/2019

To the Commissioner for Trademarks:

MARK: PHANTOM ACTIVCORE (Standard Characters, see mark)
The literal element of the mark consists of PHANTOM ACTIVCORE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Paragon 28, Inc., a corporation of Colorado, having an address of
      14445 Grasslands Drive
      Englewood, Colorado 80112
      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 and medical implants comprised of artificial materials, namely, surgical and medical implants for use in the foot and ankle
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.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5464726 and 5464727.


The applicant hereby appoints John W. Boger. Other appointed attorneys are Applicant hereby appoints all practitioners associated with Customer No. 23405 to prosecute this application and transact all business in the U.S. Patent and Trademark Office connected therewith.. John W. Boger of Heslin Rothenberg Farley & Mesiti P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      5 Columbia Circle
      Albany, New York 12203
      United States
      518-452-5600(phone)
      518-452-5579(fax)
      dock@hrfmlaw.com (authorized).
The attorney docket/reference number is 3645.337.
John W. Boger 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:

John W. Boger

Heslin Rothenberg Farley & Mesiti P.C.

5 Columbia Circle

Albany, New York 12203

518-452-5600(phone)

518-452-5579(fax)

dock@hrfmlaw.com; john.boger@hrfmlaw.com; sandy.obrien@hrfmlaw.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: /John W. Boger/   Date: 11/15/2019
Signatory's Name: John W. Boger
Signatory's Position: Attorney of record, NY bar member
Payment Sale Number: 88695797
Payment Accounting Date: 11/18/2019

Serial Number: 88695797
Internet Transmission Date: Mon Nov 18 09:04:20 EST 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2019111809042051
8228-88695797-700721af58e7a947b743ad6110
299e7c4e376449bcb09570535540912dee4a2c6f
-DA-04202809-20191115145013289184