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: 90157620

Filing Date: 09/03/2020

To the Commissioner for Trademarks:

MARK: Next Gen (Standard Characters, see mark)
The literal element of the mark consists of Next Gen. 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 partnership legally organized under the laws of Germany, having an address of
      Josefstr. 5
      Donaueschingen 78166
      Germany
      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:

International Class 010:  Surgical and/or medical apparatus and/or instruments, instruments and/or apparatus for orthopedic surgery, instruments and/or apparatus for trauma surgery, implants for trauma surgery, surgical implants (made of artificial materials), special purpose surgical tools for inserting implants, bone implants (made of artificial materials), spinal column implants (made of artificial materials), medical guidewires, orthopedic articles; artificial implants; artificial limbs; suture materials
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 Germany application number 302020005058.8/10, filed 03/06/2020.
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.

Based on Foreign Registration: 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 will submit a copy of Germany registration number 302020005058.8/10, and/or proof of renewal, registered 06/08/2020 with a renewal date of __________ and an expiration date of 03/06/2030, and translation thereof, if appropriate.

International Class 035:  Advertising; business management; marketing; business management and/or organization consultancy; business administration; clerical services; professional business consultancy; business management consultancy; commercial or industrial management assistance; human resources management and recruitment services; payroll preparation; updating advertising materials; advertising in relation to surgical and orthopedic instruments; advertising in relation to artificial implants, to surgical and/or orthopedic implants, to bone implants and spinal column implants; advertising in relation to special purpose surgical instruments for inserting implants; business consultancy and advisory services in relation to sales activities; marketing for and sales of surgical and orthopedic instruments; marketing for and sales of artificial implants, surgical and/or orthopedic implants, bone implants and spinal column implants; marketing for and sales of special purpose surgical tools for inserting implants; arranging and conducting of fairs and exhibitions for business purposes and for advertising purposes
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 Germany application number 302020005058.8/10, filed 03/06/2020.
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.

Based on Foreign Registration: 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 will submit a copy of Germany registration number 302020005058.8/10, and/or proof of renewal, registered 06/08/2020 with a renewal date of __________ and an expiration date of 03/06/2030, and translation thereof, if appropriate.

International Class 040:  Custom-manufacture of medical and/or surgical apparatus and/or instruments, Custom-manufacture of surgical and/or orthopedic implants, Manufacture of special purpose surgical tools 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 Germany application number 302020005058.8/10, filed 03/06/2020.
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.

Based on Foreign Registration: 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 will submit a copy of Germany registration number 302020005058.8/10, and/or proof of renewal, registered 06/08/2020 with a renewal date of __________ and an expiration date of 03/06/2030, and translation thereof, if appropriate.

International Class 042:  Scientific and technological services and research and design relating thereto; industrial analysis and/or research services, technical consultancy, technical project studies, technical project management, development of surgical and/or orthopedic articles, development of implants and/or instruments for inserting implants, development of materials, material testing, testing of basic material, providing of technical know-how; Scientific and technological services and research and design relating thereto in the field of orthopedic surgery and of bone implants; industrial analysis and/or research services, technical consultancy, technical project studies, technical project management in the field of orthopedic surgery and of bone 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 Germany application number 302020005058.8/10, filed 03/06/2020.
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.

Based on Foreign Registration: 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 will submit a copy of Germany registration number 302020005058.8/10, and/or proof of renewal, registered 06/08/2020 with a renewal date of __________ and an expiration date of 03/06/2030, and translation thereof, if appropriate.

International Class 044:  Medical services, in particular techniques for fixing bone implants in 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 Germany application number 302020005058.8/10, filed 03/06/2020.
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.

Based on Foreign Registration: 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 will submit a copy of Germany registration number 302020005058.8/10, and/or proof of renewal, registered 06/08/2020 with a renewal date of __________ and an expiration date of 03/06/2030, and translation thereof, if appropriate.



The owner's/holder's proposed attorney information: David A. Plumley. Other appointed attorneys are David A. Dillard, Thomas J. Daly, David A. Plumley, Gregory S. Lampert, Syed A. Hasan, Robert A. Green, Michael J. MacDermott, Anne Wang, Constantine Marantidis, Gary J. Nelson, Raymond R. Tabandeh, Josephine E. Chang, Jun-Young E. Jeon, Peter C. Hsueh, Oliver S. Bajracharya, Lauren E. Schneider, G. Warren Bleeker, Jason C. Martone, Joshua T. Chu, Justin O. Ehresmann, Shaun P. Lee, Ryan M. Swank, Dustin R. Szakalski, Katherine L. Quigley, Michael J. Curry, Abazar Mireshghi, Kyle W. Kellar, Martin W. Regehr, Sami I. Schilly, S. Drew Wilson, Olga M. Katsnelson, John Carson, Daniel A. Salgado, Clara C. Low, Jimmy Y. Kwun, Jeffrey C. Tom, Kurt S. Prange, Steven J. French, Ralph W. Selitto, John K. Kim. David A. Plumley of Lewis Roca Rothgerber Christie LLP, 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 29001
      Glendale, California 91209-9001
      United States
      626-795-9900(phone)
      626-577-8800(fax)
      pto@LRRC.com
The docket/reference number is 195296.
David A. Plumley 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 hereby appoints LEWIS ROCA ROTHGERBER CHRISTIE LLP
      P.O. Box 29001
      Glendale California 91209-9001
      United States
      626-795-9900(phone)
      626-577-8800(fax)
      pto@LRRC.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

David A. Plumley

PRIMARY EMAIL FOR CORRESPONDENCE: pto@LRRC.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dplumley@LRRC.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 $1375 has been submitted with the application, representing payment for 5 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: /David A. Plumley/   Date: 09/03/2020
Signatory's Name: David A. Plumley
Signatory's Position: Attorney of record, California Bar Member
Payment Sale Number: 90157620
Payment Accounting Date: 09/03/2020

Serial Number: 90157620
Internet Transmission Date: Thu Sep 03 16:38:28 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20200903163828887
126-90157620-750afd819ed8a528877c3c811e5
825e7f1f2e0d0a5e84c3d6e6728803e37e153ef-
CC-38279086-20200903134434734087