| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 07/31/2017) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 79161119 |
| LAW OFFICE ASSIGNED | LAW OFFICE 119 |
| MARK SECTION | |
| MARK | http://tmng-al.gov.uspto.report/resting2/api/img/79161119/large |
| LITERAL ELEMENT | MICROPORT |
| STANDARD CHARACTERS | YES |
| USPTO-GENERATED IMAGE | YES |
| MARK STATEMENT | The mark consists of standard characters, without claim to any particular font style, size or color. |
| ARGUMENT(S) | |
|
The Examining Attorney has refused registration of Applicant mark "MICROPORT" under Trademark Act Section 2(d), arguing that applicant's mark, when used on or in connection with the identified goods/services, so resembles the marks in U.S. Registration No. 1,852,317 as to be likely to cause confusion. The Examining Attorney argues that Applicant's and Registrant's goods would be sold through the same trade channels to the same prospective purchasers and prospective customers would be likely to assume that the Applicant's goods emanate from the same source as the Registrant's goods and therefore confusion is likely. Applicant respectfully traverse the refusal for the following reasons. The fact that Applicant's goods may be used sold to the same prospective purchasers is not significant. The Applicant's and the Registrant's goods are so different that they are not likely to be confused by a purchaser. The Applicant's goods and the Registrants' goods are not related and therefore not likely to be confused. First, Applicant wants to point out that it is also the owner of Trademark Reg. No. 3865968 for the same mark “MICROPORT.” The prior registration was initially refused under Section 2(d) with reference to the same U.S. Registration No. 1,852,317. However, after reviewing Applicant’s response explaining the significant difference between Applicant’s and other Registrant’s products, the refusal was withdrawn and the same mark was registered. More particularly, Applicant agreed to revise the product “catheters” to “angioplasty balloon catheters,” which is a product significantly different from the single product “implantable injection portals with delivery catheters for percutaneous injection of fluid” covered by U.S. Registration No. 1,852,317. The prior registration was approved after this product revision. In light of the prior registration history, Applicant respectfully requests that the Examining Attorney approve this application for registration in light of the similar revisions Applicant made along with this Response. An approval for registration also preserves the consistency in examination of trademark applications at the USPTO office. For your convenience, Applicant includes the following arguments, which is similar to the one it made during the examination of the prior registration no. 3865968. In applying §2(d), the Patent and Trademark Office must base its determinations on goods as they are described in applications for registration and in registrations cited adversely to each application. See In re Pellerin Milnor Corp, 221 U.S.P.Q. 558 (T.T.A.B. 1983); In re Shoemaker's Candies, Inc., 222 U.S.P.Q. 326 (T.T.A.B. 1984). Registration number 1,852,317 is the word mark MICROPORT for "implantable injection portals with delivery catheters for percutaneous injection of fluid." The Applicant's amended goods are “Medical devices for neurological rehabilitation, surgical operation devices and instruments for use in aorta, coronary, peripheral nerve, orthopedic surgery; medical apparatus and instrument, namely, needles for medical purposes; angioplasty balloon catheters; cannulae; surgical instruments and apparatus; pumps for medical purposes, namely, insulin pumps; cases fitted for medical instruments; trocars; testing apparatus for medical purposes, namely, blood testing apparatus for medical purposes; apparatus for use in medical analysis and testing, namely, neural control apparatus, electrode lead test apparatus, apparatus for use in medical testing associated with vascular surgery, cardiac radiofrequency, intracardiac electrophysiological examination instruments, and three-dimensional cardiac electrophysiological testing apparatus; intracardiac electrical detector; heart pacemakers; medical guidewires; stents; electrocardiographs; ablation apparatus, cardiac pacemakers, and heart radio frequency generator; electrodes for medical use; gloves for medical use; feeding bottles; condoms; surgical implants artificial materials; orthopedic devices and apparatus for use in diagnosis and treatment; suture materials; accessories for surgery, namely, scalpel, forceps, injectors, dilator, catheter sheath, coronary dilatation device, adapting pipe for surgical use, guidewire twister for surgical use; remote medical system for automatic surgery including apparatus, equipment and software for surgery, namely, operation console for surgeon, surgical robot, namely, a mobile platform consisting of a mechanical arm, a photographic arm and surgical instruments, for use alongside an operating table to assist with robotic surgeries, three dimensional video imaging platform for surgical use.” The relatedness of the goods or services as described in an application or registration or in connection with the prior mark in use is not likely to be confused. Applicant's amended goods and services description covers a variety of products closely related to surgery, cardiac illness, stents, and other electronic medical devices. On the other hand, Registrant's goods and services description only covers implantable injection portals with delivery catheters for percutaneous injection of fluid. The Applicant's classification of goods and services specifically excludes all devices used for delivery catheters for percutaneous injection of fluid. Therefore, the registration cannot encompass these goods and services described because they have been explicitly excluded. Within the medical field, "catheters for percutaneous injection of fluid" have a specific meaning. Moreover, documents submitted by the Registrant to the Food and Drug Administration (and attached herewith) specifically identify the MICROPORT device is indicated for peripheral placement in the arm when a patient requires repeated venous access for injection or infusion therapy and/or venous blood sampling. These devices would never be used by a doctor requiring use of a coronary, drug eluting, intracranial, carotid or AAA/TAA stent. Applicant's stents are medically implanted by a doctor for a specific use and not merely for percutaneous injection of a fluid. Moreover, Applicant's stents are never implanted in the arm as specifically identified in the Registrant's description of the goods and services. None of the other Applicant’s products are related this technique as well. In use, Applicant's devices would be implanted or used by a doctor in an operational setting. The various stents would be used for specific application in coronary, neurological and interventional devices. The only goods in Applicant’s that has the appearance of relatedness is the angioplasty balloon catheters. However, these catheters are not the same as the Registrant's delivery catheters. The Examining Attorney for the prior registration no. 3865968 also agreed. An angioplasty balloon catheter is a type of soft catheter with an inflatable balloon at its tip that is used during a catheterization procedure to enlarge a narrow opening or passage within the body. The deflated balloon catheter is positioned, then inflated to perform the necessary procedure, and then deflated again in order to be removed. Instead, the Registrant's device is composed of a delivery catheter, which is a catheter and a reservoir that is surgically implanted under the skin. The drugs in the reservoir can be refilled and are infused into the bloodstream through the catheter. These devices eliminate the need for constant injections. Although both goods and services description includes catheters, the types of catheters described are not the same and not likely to be confused by a consumer.
Lastly, it is important to consider the discriminating nature of the consumers of both goods. Both the Applicant's and the Registrant's products are purchased by highly trained doctors with specialized skills requiring specific medical devices. The critical nature of use of each medical device is well known and considered by each doctor. Applicant's goods are for utilization by a surgeon within a hospital setting. The equipment costs a significant amount of money and cannot be considered as an "impulse" buy. A purchaser of Applicant's goods will scrutinize whether or not to buy the product. A purchaser or Registrant's goods will also conduct a significant amount of research in purchasing such products. The goods are used by a narrow class of doctors that require repeated venous access of a patient's arm. The purchase of Applicant's and Registrant's devices will be made upon careful comparison of related devices. In conducting research, the purchaser is not likely to be confused regarding which device to purchase. Because of the great deal of scrutiny the customer is likely to make, neither the Applicant's nor the Registrant's products are considered "impulse" purchases. Instead, the purchasers are careful, sophisticated purchasers and are not likely to be confused, mistaken or deceived as to the source of the goods. For the above reasons, it is submitted that there is no likelihood of confusion between the two marks. In view of the above marks, Applicant respectfully requests that the refusal to register be withdrawn and the mark be published for opposition. Best regards, Timothy Wang Attorney for Applicant Ni, Wang & MASSAND, PLLC (O) 972-331-4603 (F) 972-314-0900 8140 Walnut Hill Lane, Suite 500 Dallas, Texas 75231 |
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME(S) | |
| ORIGINAL PDF FILE | evi_66196246254-20150918153810138562_._78805192-FDA-letter.pdf |
| CONVERTED PDF FILE(S) (16 pages) |
\\TICRS\EXPORT16\IMAGEOUT16\791\611\79161119\xml7\ROA0002.JPG |
| \\TICRS\EXPORT16\IMAGEOUT16\791\611\79161119\xml7\ROA0003.JPG | |
| \\TICRS\EXPORT16\IMAGEOUT16\791\611\79161119\xml7\ROA0004.JPG | |
| \\TICRS\EXPORT16\IMAGEOUT16\791\611\79161119\xml7\ROA0005.JPG | |
| \\TICRS\EXPORT16\IMAGEOUT16\791\611\79161119\xml7\ROA0006.JPG | |
| \\TICRS\EXPORT16\IMAGEOUT16\791\611\79161119\xml7\ROA0007.JPG | |
| \\TICRS\EXPORT16\IMAGEOUT16\791\611\79161119\xml7\ROA0008.JPG | |
| \\TICRS\EXPORT16\IMAGEOUT16\791\611\79161119\xml7\ROA0009.JPG | |
| \\TICRS\EXPORT16\IMAGEOUT16\791\611\79161119\xml7\ROA0010.JPG | |
| \\TICRS\EXPORT16\IMAGEOUT16\791\611\79161119\xml7\ROA0011.JPG | |
| \\TICRS\EXPORT16\IMAGEOUT16\791\611\79161119\xml7\ROA0012.JPG | |
| \\TICRS\EXPORT16\IMAGEOUT16\791\611\79161119\xml7\ROA0013.JPG | |
| \\TICRS\EXPORT16\IMAGEOUT16\791\611\79161119\xml7\ROA0014.JPG | |
| \\TICRS\EXPORT16\IMAGEOUT16\791\611\79161119\xml7\ROA0015.JPG | |
| \\TICRS\EXPORT16\IMAGEOUT16\791\611\79161119\xml7\ROA0016.JPG | |
| \\TICRS\EXPORT16\IMAGEOUT16\791\611\79161119\xml7\ROA0017.JPG | |
| DESCRIPTION OF EVIDENCE FILE | FDA correspondence with the registrant of the prior registration no. 1,852,317. |
| GOODS AND/OR SERVICES SECTION (005)(current) | |
| INTERNATIONAL CLASS | 005 |
| DESCRIPTION | |
| Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides; medicines for human purposes; pharmaceutical preparations; medicines for veterinary purposes; X-ray diagnostic preparations for medical purposes; dietetic foods adapted for medical purposes, namely, pasta and crackers; air purifying preparations; preparations for destroying vermin; belts for sanitary napkins towels; magnetic bracelets for medical purposes; alloys of precious metals for dental purposes | |
| GOODS AND/OR SERVICES SECTION (005)(proposed) | |
| INTERNATIONAL CLASS | 005 |
| TRACKED TEXT DESCRIPTION | |
| FINAL DESCRIPTION | |
| Pharmaceutical and veterinary preparations for animal skincare, treatment of infectious diseases; sanitary preparations for medical purposes; dietetic food and substances, namely, pasta, crackers, yeast extract, adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; medical plasters, materials for dressings, namely, wadding for dressings and gauze for dressings; material for stopping teeth, dental wax; disinfectants, namely, disinfectants for medical instruments, all purpose disinfectants; preparations for destroying vermin; fungicides, herbicides; medicines for human purposes for pain relief; pharmaceutical preparations for skincare, treatment of infectious diseases; medicines for veterinary purposes for animal skincare, treatment of infectious animal diseases; X-ray diagnostic preparations for medical purposes, namely, barium, x-ray contrast agents; dietetic foods adapted for medical purposes, namely, pasta and crackers; air purifying preparations; preparations for destroying vermin; belts for sanitary napkins towels; magnetic bracelets for medical purposes; alloys of precious metals for dental purposes | |
| GOODS AND/OR SERVICES SECTION (009)(current) | |
| INTERNATIONAL CLASS | 009 |
| DESCRIPTION | |
| Surveying machines and instruments; material testing instruments and machines; teaching apparatus; laboratory apparatus and instruments, namely, pre-packed columns for use in chemical synthesis; electronic measuring device; optical apparatus and instruments; cables, electric; semi-conductors; remote control telemetering machines and apparatus; electrolysers; radios; weighing apparatus and instruments; data processing apparatus | |
| GOODS AND/OR SERVICES SECTION (009)(proposed) | |
| INTERNATIONAL CLASS | 009 |
| TRACKED TEXT DESCRIPTION | |
| Surveying machines and instruments; |
|
| FINAL DESCRIPTION | |
| Surveying machines and instruments; material testing instruments and machines for testing semiconductors, printed circuit boards, metal strength; teaching apparatus, namely, medical diagnostic simulators for use as teaching aids for endoscopy, laparoscopy, and angioplasty; laboratory apparatus and instruments, namely, pre-packed columns for use in chemical synthesis; electronic measuring device, namely, electronic sensors for measuring solar radiation, electronic device for measuring distance; optical apparatus and instruments, namely, optical lenses, optical cables; cables, electric; semi-conductors; remote control telemetering machines and apparatus; electrolysers; radios; weighing apparatus and instruments; data processing apparatus | |
| GOODS AND/OR SERVICES SECTION (010)(current) | |
| INTERNATIONAL CLASS | 010 |
| DESCRIPTION | |
| Medical devices for use in the fields of cardiovascular, neurovascular, endovascular, peripheral vascular, diabetes management, electrophysiological, orthopedics and surgical management; medical apparatus and instrument, namely, needles for medical purposes; catheters; cannulae; surgical instruments and apparatus; pumps for medical purposes, namely, insulin pumps; cases fitted for medical instruments; trocars; testing apparatus for medical purposes, namely, blood testing apparatus for medical purposes; apparatus for use in medical analysis and testing; diagnostic apparatus for medical purposes; heart pacemakers; medical guidewires; stents; electrocardiographs; galvanic therapeutic appliances; electrodes for medical use; gloves for medical use; feeding bottles; condoms; surgical implants artificial materials; orthopaedic articles; suture materials; accessories for surgery, namely, scalpel, forceps, injectors, dilator, catheter sheath, coronary dilatation device, adapting pipe for surgical use, guidewire twister for surgical use; remote medical system for automatic surgery including apparatus, equipments and softwares for surgery, namely, operation console for surgeon, surgical robot, namely, a mobile platform consisting of a mechanical arm, a photographic arm and surgical instruments, for use alongside an operating table to assist with robotic surgeries, three-dimensional video imaging platform for surgical use | |
| GOODS AND/OR SERVICES SECTION (010)(proposed) | |
| INTERNATIONAL CLASS | 010 |
| TRACKED TEXT DESCRIPTION | |
| FINAL DESCRIPTION | |
| Medical devices for neurological rehabilitation, surgical operation devices and instruments for use in aorta, coronary, peripheral nerve, orthopedic surgery; medical apparatus and instrument, namely, needles for medical purposes; angioplasty balloon catheters; cannulae; surgical instruments and apparatus; pumps for medical purposes, namely, insulin pumps; cases fitted for medical instruments; trocars; testing apparatus for medical purposes, namely, blood testing apparatus for medical purposes; apparatus for use in medical analysis and testing, namely, neural control apparatus, electrode lead test apparatus, apparatus for use in medical testing associated with vascular surgery, cardiac radiofrequency, intracardiac electrophysiological examination instruments, and three-dimensional cardiac electrophysiological testing apparatus; intracardiac electrical detector; heart pacemakers; medical guidewires; stents; electrocardiographs; ablation apparatus, cardiac pacemakers, and heart radio frequency generator; electrodes for medical use; gloves for medical use; feeding bottles; condoms; surgical implants artificial materials; orthopedic devices and apparatus for use in diagnosis and treatment; suture materials; accessories for surgery, namely, scalpel, forceps, injectors, dilator, catheter sheath, coronary dilatation device, adapting pipe for surgical use, guidewire twister for surgical use; remote medical system for automatic surgery including apparatus, equipments and softwares for surgery, namely, operation console for surgeon, surgical robot, namely, a mobile platform consisting of a mechanical arm, a photographic arm and surgical instruments, for use alongside an operating table to assist with robotic surgeries, three-dimensional video imaging platform for surgical use | |
| NEW ATTORNEY SECTION | |
| NAME | Timothy T. Wang |
| FIRM NAME | Ni, Wang & Massand, PLLC |
| INDIVIDUAL ATTORNEY DOCKET/REFERENCE NUMBER |
ACIP0181 |
| STREET | 8140 Walnut Hill Lane, Suite 500 |
| CITY | Dallas |
| STATE | Texas |
| ZIP/POSTAL CODE | 75231 |
| COUNTRY | United States |
| PHONE | 972-331-4603 |
| FAX | 972-314-0900 |
| twang@nilawfirm.com | |
| AUTHORIZED EMAIL COMMUNICATION | Yes |
| CORRESPONDENCE SECTION | |
| ORIGINAL ADDRESS | Shanghai Shenhui Patent Agency Co., Ltd Rm.405, Block D, No.80 Caobao Road, 200235 Shanghai CN |
| NEW CORRESPONDENCE SECTION | |
| NAME | Timothy T. Wang |
| FIRM NAME | Ni, Wang & Massand, PLLC |
| DOCKET/REFERENCE NUMBER | ACIP0181 |
| STREET | 8140 Walnut Hill Lane, Suite 500 |
| CITY | Dallas |
| STATE | Texas |
| ZIP/POSTAL CODE | 75231 |
| COUNTRY | United States |
| PHONE | 972-331-4603 |
| FAX | 972-314-0900 |
| twang@nilawfirm.com;tim2074@yahoo.com | |
| AUTHORIZED EMAIL COMMUNICATION | Yes |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Timothy T. Wang/ |
| SIGNATORY'S NAME | Timothy T. Wang |
| SIGNATORY'S POSITION | Attorney of record, Texas bar member |
| SIGNATORY'S PHONE NUMBER | 972-331-4603 |
| DATE SIGNED | 09/18/2015 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Fri Sep 18 16:05:55 EDT 2015 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XXX.XXX- 20150918160555009993-7916 1119-5407a722f31fe573df5d b493af97b11acc1daba84ca89 8b0eb40c7a2c0b36ebdb3-N/A -N/A-20150918153810138562 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 07/31/2017) |
The Examining Attorney has refused registration of Applicant mark "MICROPORT" under Trademark Act Section 2(d), arguing that applicant's mark, when used on or in connection with the identified goods/services, so resembles the marks in U.S. Registration No. 1,852,317 as to be likely to cause confusion.
The Examining Attorney argues that Applicant's and Registrant's goods would be sold through the same trade channels to the same prospective purchasers and prospective customers would be likely to assume that the Applicant's goods emanate from the same source as the Registrant's goods and therefore confusion is likely. Applicant respectfully traverse the refusal for the following reasons. The fact that Applicant's goods may be used sold to the same prospective purchasers is not significant. The Applicant's and the Registrant's goods are so different that they are not likely to be confused by a purchaser. The Applicant's goods and the Registrants' goods are not related and therefore not likely to be confused.
First, Applicant wants to point out that it is also the owner of Trademark Reg. No. 3865968 for the same mark “MICROPORT.” The prior registration was initially refused under Section 2(d) with reference to the same U.S. Registration No. 1,852,317. However, after reviewing Applicant’s response explaining the significant difference between Applicant’s and other Registrant’s products, the refusal was withdrawn and the same mark was registered. More particularly, Applicant agreed to revise the product “catheters” to “angioplasty balloon catheters,” which is a product significantly different from the single product “implantable injection portals with delivery catheters for percutaneous injection of fluid” covered by U.S. Registration No. 1,852,317. The prior registration was approved after this product revision. In light of the prior registration history, Applicant respectfully requests that the Examining Attorney approve this application for registration in light of the similar revisions Applicant made along with this Response. An approval for registration also preserves the consistency in examination of trademark applications at the USPTO office. For your convenience, Applicant includes the following arguments, which is similar to the one it made during the examination of the prior registration no. 3865968.
In applying §2(d), the Patent and Trademark Office must base its determinations on goods as they are described in applications for registration and in registrations cited adversely to each application. See In re Pellerin Milnor Corp, 221 U.S.P.Q. 558 (T.T.A.B. 1983); In re Shoemaker's Candies, Inc., 222 U.S.P.Q. 326 (T.T.A.B. 1984). Registration number 1,852,317 is the word mark MICROPORT for "implantable injection portals with delivery catheters for percutaneous injection of fluid."
The Applicant's amended goods are “Medical devices for neurological rehabilitation, surgical operation devices and instruments for use in aorta, coronary, peripheral nerve, orthopedic surgery; medical apparatus and instrument, namely, needles for medical purposes; angioplasty balloon catheters; cannulae; surgical instruments and apparatus; pumps for medical purposes, namely, insulin pumps; cases fitted for medical instruments; trocars; testing apparatus for medical purposes, namely, blood testing apparatus for medical purposes; apparatus for use in medical analysis and testing, namely, neural control apparatus, electrode lead test apparatus, apparatus for use in medical testing associated with vascular surgery, cardiac radiofrequency, intracardiac electrophysiological examination instruments, and three-dimensional cardiac electrophysiological testing apparatus; intracardiac electrical detector; heart pacemakers; medical guidewires; stents; electrocardiographs; ablation apparatus, cardiac pacemakers, and heart radio frequency generator; electrodes for medical use; gloves for medical use; feeding bottles; condoms; surgical implants artificial materials; orthopedic devices and apparatus for use in diagnosis and treatment; suture materials; accessories for surgery, namely, scalpel, forceps, injectors, dilator, catheter sheath, coronary dilatation device, adapting pipe for surgical use, guidewire twister for surgical use; remote medical system for automatic surgery including apparatus, equipment and software for surgery, namely, operation console for surgeon, surgical robot, namely, a mobile platform consisting of a mechanical arm, a photographic arm and surgical instruments, for use alongside an operating table to assist with robotic surgeries, three dimensional video imaging platform for surgical use.” The relatedness of the goods or services as described in an application or registration or in connection with the prior mark in use is not likely to be confused.
Applicant's amended goods and services description covers a variety of products closely related to surgery, cardiac illness, stents, and other electronic medical devices. On the other hand, Registrant's goods and services description only covers implantable injection portals with delivery catheters for percutaneous injection of fluid. The Applicant's classification of goods and services specifically excludes all devices used for delivery catheters for percutaneous injection of fluid. Therefore, the registration cannot encompass these goods and services described because they have been explicitly excluded. Within the medical field, "catheters for percutaneous injection of fluid" have a specific meaning. Moreover, documents submitted by the Registrant to the Food and Drug Administration (and attached herewith) specifically identify the MICROPORT device is indicated for peripheral placement in the arm when a patient requires repeated venous access for injection or infusion therapy and/or venous blood sampling. These devices would never be used by a doctor requiring use of a coronary, drug eluting, intracranial, carotid or AAA/TAA stent. Applicant's stents are medically implanted by a doctor for a specific use and not merely for percutaneous injection of a fluid. Moreover, Applicant's stents are never implanted in the arm as specifically identified in the Registrant's description of the goods and services. None of the other Applicant’s products are related this technique as well. In use, Applicant's devices would be implanted or used by a doctor in an operational setting. The various stents would be used for specific application in coronary, neurological and interventional devices.
The only goods in Applicant’s that has the appearance of relatedness is the angioplasty balloon catheters. However, these catheters are not the same as the Registrant's delivery catheters. The Examining Attorney for the prior registration no. 3865968 also agreed. An angioplasty balloon catheter is a type of soft catheter with an inflatable balloon at its tip that is used during a catheterization procedure to enlarge a narrow opening or passage within the body. The deflated balloon catheter is positioned, then inflated to perform the necessary procedure, and then deflated again in order to be removed. Instead, the Registrant's device is composed of a delivery catheter, which is a catheter and a reservoir that is surgically implanted under the skin. The drugs in the reservoir can be refilled and are infused into the bloodstream through the catheter. These devices eliminate the need for constant injections. Although both goods and services description includes catheters, the types of catheters described are not the same and not likely to be confused by a consumer.
Lastly, it is important to consider the discriminating nature of the consumers of both goods. Both the Applicant's and the Registrant's products are purchased by highly trained doctors with specialized skills requiring specific medical devices. The critical nature of use of each medical device is well known and considered by each doctor. Applicant's goods are for utilization by a surgeon within a hospital setting. The equipment costs a significant amount of money and cannot be considered as an "impulse" buy. A purchaser of Applicant's goods will scrutinize whether or not to buy the product.
A purchaser or Registrant's goods will also conduct a significant amount of research in purchasing such products. The goods are used by a narrow class of doctors that require repeated venous access of a patient's arm. The purchase of Applicant's and Registrant's devices will be made upon careful comparison of related devices. In conducting research, the purchaser is not likely to be confused regarding which device to purchase. Because of the great deal of scrutiny the customer is likely to make, neither the Applicant's nor the Registrant's products are considered "impulse" purchases. Instead, the purchasers are careful, sophisticated purchasers and are not likely to be confused, mistaken or deceived as to the source of the goods. For the above reasons, it is submitted that there is no likelihood of confusion between the two marks. In view of the above marks, Applicant respectfully requests that the refusal to register be withdrawn and the mark be published for opposition.
Best regards,
Timothy Wang
Attorney for Applicant
Ni, Wang & MASSAND, PLLC
(O) 972-331-4603
(F) 972-314-0900
8140 Walnut Hill Lane, Suite 500
Dallas, Texas 75231
