Application

PTO- 1478

Approved for use through 05/31/2021. 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 05/31/2021. 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: 90752235

Filing Date: 06/03/2021

To the Commissioner for Trademarks:

MARK: DYNAFUSE (Standard Characters, see mark)
The literal element of the mark consists of DYNAFUSE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, MedShape, Inc., a corporation of Delaware, having an address of
      Suite 440
      1575 Northside Drive, NW
      Atlanta, Georgia 30318
      United States
      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:  Medical devices, namely, medical devices for use in the field of orthopedics; medical and surgical apparatus and instruments, namely, orthopedic fixation devices used in orthopedic transplant and/or implant surgery; medical and surgical apparatus and instruments, namely, apparatus and instruments for use in joint fusion procedures.
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) 4276105, 5740102, 5909388, and others.


The owner's/holder's proposed attorney information: Bryan D. Stewart. Other appointed attorneys are all other attorneys of Morris, Manning & Martin, LLP. Bryan D. Stewart of Morris, Manning & Martin, 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
      1600 Atlanta Financial Center
      3343 Peachtree Road NE
      Atlanta, Georgia 30326
      United States
      404-233-7000(phone)
      404-365-9532(fax)
      ipdocket@mmmlaw.com
The docket/reference number is 31104-143460.
Bryan D. Stewart 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:

Bryan D. Stewart

PRIMARY EMAIL FOR CORRESPONDENCE: ipdocket@mmmlaw.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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 $350 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: /Susan Payne/   Date: 06/03/2021
Signatory's Name: Susan Payne
Signatory's Position: VP & Asst. GC, Intellectual Property
Signatory's Phone Number: 404-233-7000
Signature method: Sent to third party for signature
Payment Sale Number: 90752235
Payment Accounting Date: 06/03/2021

Serial Number: 90752235
Internet Transmission Date: Thu Jun 03 13:41:01 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2021060313410187
7489-90752235-78041944fb6783412408ea09fb
6324de249282a86a2c0676b7aaf84bbfdb5aba8c
4-DA-41013724-20210525091550926955