Application

PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

Serial Number: 90483071

Filing Date: 01/22/2021

To the Commissioner for Trademarks:

MARK: 360 SOLUTION (Standard Characters, see mark)
The literal element of the mark consists of 360 SOLUTION. 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, medical, dental and veterinary apparatus and instruments, in particular instruments and apparatus for orthopedic surgery, trauma surgery and neurosurgery; implants for trauma surgery; implants for neurosurgery; Surgical implants; special purpose surgical instruments for inserting implants and for handling implants, in particular for inserting spinal implants; bone implants; orthopedic implants; spinal implants; medical guidewires; orthopedic articles; artificial limbs, eyes and teeth; suture materials; instruments for inserting bone cement
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 18277727, filed 07/24/2020.
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 submits a copy of European Union Trademark - EUTM registration number 18277727, and/or proof of renewal, registered 07/24/2020 with a renewal date of 01/24/2030 and an expiration date of 01/24/2030, and translation thereof, if appropriate.

Original PDF file:
reg-641610870-160208798_. _EUTM-018277727-Certifica te.pdf
Converted PDF file(s) (9 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
Foreign Registration-7
Foreign Registration-8
Foreign Registration-9

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act includes a claim of standard characters or the country of origin's standard character equivalent.

International Class 041:  Education; training courses; the aforesaid services including the organisation, conducting, arranging and managing of seminars, workshops and academies for teaching purposes in the field of orthopedic surgery, in particular in the field of trauma surgery, spinal surgery; provision of training courses and exhibitions for educational purposes in the field of using instruments and implants for orthopedic surgery, in particular for trauma surgery and for spinal surgery; providing electronic publications, publication of texts (other than publicity texts); editing and publication of printed matter; film and video production, namely providing and compilation of texts and images on video films, DVDs and similar electronic data carriers, included in class 41, all of the aforesaid in the field of orthopedic surgery, in particular in the field of trauma surgery, 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 18277727, filed 07/24/2020.
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 submits a copy of European Union Trademark - EUTM registration number 18277727, and/or proof of renewal, registered 07/24/2020 with a renewal date of 01/24/2030 and an expiration date of 01/24/2030, and translation thereof, if appropriate.

Original PDF file:
reg-1-641610870-160208798 _._EUTM-018277727-Certifi cate.pdf
Converted PDF file(s) (9 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
Foreign Registration-7
Foreign Registration-8
Foreign Registration-9

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act includes a claim of standard characters or the country of origin's standard character equivalent.

International Class 042:  Scientific and technological services and research and design relating thereto; industrial analysis and research services; technical consultancy; technical project planning; technical project management services; development of surgical articles; development of orthopedic articles; development of implants; development of instruments for inserting implants; material development; material testing; providing technical know-how; testing of base material; scientific and technological services and research and design related thereto in the field of orthopedic surgery and bone implants; technical consultancy, technical project planning, technical project management in the field of orthopedic surgery and 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 European Union Trademark - EUTM application number 18277727, filed 07/24/2020.
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 submits a copy of European Union Trademark - EUTM registration number 18277727, and/or proof of renewal, registered 07/24/2020 with a renewal date of 01/24/2030 and an expiration date of 01/24/2030, and translation thereof, if appropriate.

Original PDF file:
reg-2-641610870-160208798 _._EUTM-018277727-Certifi cate.pdf
Converted PDF file(s) (9 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
Foreign Registration-7
Foreign Registration-8
Foreign Registration-9

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act includes a claim of standard characters or the country of origin's standard character equivalent.



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, 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, Dustin M. Luettgen, Siho Yoo. Recognized Canadian attorney(s)/agent(s) is/are David A. Dillard, Thomas J. Daly, David A. Plumley, Gregory S. Lampert, Syed A. Hasan, 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, Dustin M. Luettgen, Siho Yoo. DAVID A. PLUMLEY of LEWIS ROCA ROTHGERBER CHRISTIE, 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)
      pto@lrrc.com
The docket/reference number is 201255.
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 DAVID A. PLUMLEY of LEWIS ROCA ROTHGERBER CHRISTIE
      P.O. BOX 29001
      GLENDALE California 91209-9001
      United States
      626-795-9900(phone)
      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 $1050 has been submitted with the application, representing payment for 3 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: 01/22/2021
Signatory's Name: David A. Plumley
Signatory's Position: Attorney of Record, California Bar Member
Signatory's Phone Number: 626-795-9900
Signature method: Sent to third party for signature
Payment Sale Number: 90483071
Payment Accounting Date: 01/22/2021

Serial Number: 90483071
Internet Transmission Date: Fri Jan 22 17:20:43 ET 2021
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20210122172043325
797-90483071-760bc7ab75797547e6b263e39c5
0d2f44f3f4cb477f6cdf490e0c749bee2599eb-D
A-20436918-20210122160208798727