Marlene D. Bell, Esquire
Thank you for furnishing a copy of your 9/10/02 letter which I had mislaid.
With respect to pending Application Serial No. 76/016986 filed by Labstat International, Inc. (LII), IMV respectfully responds that the likelihood of confusion is minimal, if at all for the following
reasons:
1. IMV is in a very limited market to which it sells information regarding the plans that hospitals and similar medical facilities have for the use, upgrading or purchase of scientific and
medical equipment. iMV clients are the manufacturers or their representatives. There are approximately 90 of such potential clients of which IMV presently sells information to about
70. About 15 of these subscribe to the LABSTAT program. IMV believes it difficult to determine how such a limited market would bring confusion to present and potential clients of LII as
it would appear none of IMV's clients would be within those solicited by LII for its product analyses.
2. IMV began using this mark in 1991 after it had purchased the assets of a subsidiary of Dun and Bradstreet which had this service as part of its operations. I do note that LII
claims use of this mark since 1976.
3. IMV suggest a possible solution may be to emphasize in its recitation of services that its product is limited to providing projections of equipment needs by users of medical and scientific
equipment. I suggest this recitation:
"Providing market research information services, namely, providing projections of clinical and scientific equipment needs by uses with emphasis on hospitals and group purchase
organizations."
I would delete the reference to Class 35 as this does not appear to be relevant.
I am hopeful the above is an adequate response to your concerns on this matter. If not, I would appreciate an opportunity to contact LII to discuss some form of consent.
/Michael Valadez
I certify that this correspondence is being transmitted by electronic mail to United States Patent and Trademark Office on the date shown below.
/Michael Valadez/ March 10, 2003