TEAS Plus 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

TEAS Plus Application

Serial Number: 90051125

Filing Date: 07/14/2020

To the Commissioner for Trademarks:

MARK: EXCITE MEDICAL (stylized and/or with design, see mark)
The literal element of the mark consists of EXCITE MEDICAL. The mark consists of "EXCITE MEDICAL" in stylized format. The word "EXCITE" is presented in all capital letters in a sans serif font across the top, with the letter "X" larger than the other letters of the word. The upward rightward slash of the "X" is filled in, while the downward rightward slash is in outline and over the upward rightward slash. The word "MEDICAL" is disposed along the bottom of the mark in all capital letters in the same sans serif font as the word "EXCITE," but in a smaller font size.
The applicant, Excite Medical of Tampa Bay, LLC, a limited liability company legally organized under the laws of Florida, having an address of
      710 Eisenhower Blvd., Suite B-10
      Tampa, Florida 33634
      United States
      469-390-4800(phone)
      XXXX

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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 010:  Medical apparatus for spinal disc repair
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. (15 U.S.C. Section 1051(b)).



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3052105, 3116542, 4479266, and others.

For informational purposes only, applicant's website address is: http://excitemedical.com/
The owner's/holder's proposed attorney information: Kenneth T. Emanuelson. Kenneth T. Emanuelson of The Emanuelson Firm, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      17304 Preston Road, Suite 800
      Dallas, Texas 75252
      United States
      214-390-4800(phone)
      Ken@Emanuelson.us
The docket/reference number is 1534-3002.
Kenneth T. Emanuelson 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:

Kenneth T. Emanuelson

PRIMARY EMAIL FOR CORRESPONDENCE: Ken@Emanuelson.us        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): KenEmanuelson@gmail.com Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $225 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 and was in use in commerce as of the filing date of the application 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 was used on or in connection with the goods/services in the application as of the application filing date; 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 and had a bona fide intention to use the mark in commerce as of the application filing date 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: /Kenneth T. Emanuelson/   Date: 07/14/2020
Signatory's Name: Kenneth T. Emanuelson
Signatory's Position: Attorney of record, Texas Bar member
Signatory's Phone Number: 214-390-4800
Payment Sale Number: 90051125
Payment Accounting Date: 07/14/2020

Serial Number: 90051125
Internet Transmission Date: Tue Jul 14 09:51:00 ET 2020
TEAS Stamp: USPTO/FTK-XX.XX.XX.XXX-20200714095100157
264-90051125-740c151da093fcda2eed3349c3e
b529e08ee91b8db20e579174057886b2dc48-CC-
50580341-20200714091102189277