Application

PTO- 1478

Approved for use through 10/31/2024. 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 10/31/2024. 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: 97748002

Filing Date: 01/10/2023

To the Commissioner for Trademarks:

MARK: ACTRIX (Standard Characters, see mark)
The literal element of the mark consists of ACTRIX. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Orthofix Medical Inc., a corporation of Delaware, having an address of
      3451 Plano Parkway
      Lewisville, Texas 75056
      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 005:  spinal implants made of biological materials; biological bone tissue intended for subsequent implantation; human allograft bone and tissue; bone implants comprising demineralized bone matrix for use in orthopedic and spinal surgery; processed bone matrix material containing biologic materials for use in surgical and medical procedures to promote bone healing, growth, formation; bone void fillers consisting of biological materials; bone void fillers consisting of living tissues; bone fillers consisting of living materials; bone repair paste for use in orthopedic surgery; biological tissue grafts for use in spinal and orthopedic applications; natural biomaterials for augmentation of bone and tissue for medical purposes; media for use in the augmentation of bone and tissue for medical purposes; bone growth media consisting of biological materials for medical purposes; implantable scaffolds comprising living tissue for enhancing therapy
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 Jamaica application number 088142, filed 12/01/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 010:  Surgical implants comprising artificial material and associated surgical instrument sets for use in spinal and orthopedic surgery; surgical implants for the spine comprising intervertebral disc prostheses fixation devices comprised of artificial material for use in spinal and orthopedic surgery; spinal implants composed of artificial material; medical devices for spinal disc repair in the nature of spinal disc implants made from artificial substances; osseous implants made of artificial material; osseointegrated implants made of artificial material; biodegradable bone fixation implants; vertebral implants composed of artificial material; bone implants composed of artificial material; bone substitutes for surgical use; bone void fillers consisting of artificial materials; bone void fillers consisting of synthetic materials; bone void fillers consisting primarily of synthetic materials and also incorporating biological material; synthetic media for use in the augmentation of bone and tissue for medical purposes; synthetic filler and extender material to serve as replacement for bone; artificial bone growth media; artificial biomaterials for augmentation of bone and tissue for medical purposes; artificial bone parts to be implanted in natural bones; prosthetic and filling materials, namely, putty for use in the replacement of bones; prosthetic and filling materials, namely, artificial materials for use in the replacement of bones; synthetic bone grafts; spinal fixation devices; bone setting apparatus; bone screws; expandable and electromechanically operated bone implants and electro-medical apparatuses, namely, controllers therefore; internal orthopedic systems for fixing, aligning or stabilization; internal orthopedic devices for fixing, aligning or stabilization, namely, nails and screws for treatment of bone deformities, bone fractures, traumatic bone lesions; orthopedic systems for fixing, aligning or stabilization; intramedullary nails for orthopedic surgical purposes; spinal devices, namely, interbody cages; carrier-media for implants; surgical and medical navigation systems for use in spinal and orthopedic surgeries for locating and tracking the position of a patient and of instruments during image guided surgery, namely, high resolution computers, cameras, monitors, docking stations, probes, sensors, instrument adaptors, markers, target positioners and cables; image guidance systems for medical purposes, namely, for orthopedic, spinal surgical applications, namely, system carts, each comprising a computer, mouse, keyboard, foot pedal, monitors and universal power supplies, and system heads, each comprising light handles, light scanners, optical tracking systems and surgical luminaires
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 Jamaica application number 088142, filed 12/01/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.




The owner's/holder's proposed attorney information: Ellie Sowanick. Other appointed attorneys are Purvi Patel Albers, Jeff Becker, David Bell, Rob LeBlanc, Tiffany Ferris, Mike McArthur, Erin Hennessy, Annie Allison, Theresa Conduah, Abby Ryan, Katie Eissenstat, Asal Saffari. Ellie Sowanick of Haynes and Boone, 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
      2323 Victory Avenue Suite 700
      Dallas, Texas 75219
      United States
      214-651-5318(phone)
      214-200-0853(fax)
      IPdocketing@haynesboone.com
The docket/reference number is 48017.633.
Ellie Sowanick 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:

Ellie Sowanick

PRIMARY EMAIL FOR CORRESPONDENCE: IPdocketing@haynesboone.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ellie.sowanick@haynesboone.com; asal.saffari@haynesboone.com; katie.eissenstat@haynesboone.com; brie.bauer@haynesboone.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 $700 has been submitted with the application, representing payment for 2 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: /Pete Lando/   Date: 01/09/2023
Signatory's Name: Pete Lando
Signatory's Position: VPIP
Signatory's Phone Number: 000-000-0000
Signature method: Sent to third party for signature
Payment Sale Number: 97748002
Payment Accounting Date: 01/10/2023

Serial Number: 97748002
Internet Transmission Date: Tue Jan 10 12:22:01 ET 2023
TEAS Stamp: USPTO/BAS-XXX.XX.XX.X-202301101222036967
36-97748002-860c632f83dd88543e3328702d75
4ee9fb886bf6c81dafd94969032bb1b6dd9f-CC-
22023437-20230104195520301172