TEAS Request Reconsideration after FOA

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/30/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/30/2020)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 88202913 PAVMED (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8820291 3/large) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

On May 4, 2020, the Examining Attorney issued a fin al Office Action refusing registration of Applicant PAVmed Inc.?s (the ?Applicant?) Application Serial No. 88202913 (the ?Application?) to register the mark PAVmed (the ?Applicant?s Mark?), on grounds that Applicant?s Mark is likely to cause confusion with Registration No. 1930109 for the mark PAV (the ?Registered Mark?) for use in connection with a ?lung ventilator device? in Class 10 (the ?Registrant?s Goods?). Applicant hereby revises its identification of goods and respectfully requests that the Examining Attorney reconsider her position, withdraw her refusal to register, and approve Applicant?s Mark for publication. I. Revision to Identification of Goods Applicant respectfully requests to amend its description of goods as follows: ?Medical and surgical instruments and apparatus for use in infusion systems, namely, infusion pumps for delivering measured amounts of solutions into the bloodstream over time, none of the foregoing related to use in respiratory procedures or related to respiratory instruments or apparatus? in Class 10. As this amendment seeks to further limit the identification of goods clarifies the exact nature of the goods that Applicant offers under the mark, the amendment should be acceptable. In view of the foregoing, Applicant respectfully requests that Examining Attorney approve Applicant?s Mark for publication. Should anything further be required, a telephone call to the undersigned at (617) 310-6239 is respectfully solicited.
Correspondence Information (current):
      Chinh H. Pham
      PRIMARY EMAIL FOR CORRESPONDENCE: gtipmail@gtlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): phamc@gtlaw.com; linkerg@gtlaw.com

The docket/reference number is 155848-03070.
Correspondence Information (proposed):
      Chinh H. Pham
      PRIMARY EMAIL FOR CORRESPONDENCE: gtipmail@gtlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): phamc@gtlaw.com; linkerg@gtlaw.com

The docket/reference number is 155848-03070.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Chinh H. Pham/     Date: 10/28/2020
Signatory's Name: Chinh H. Pham
Signatory's Position: Attorney for Record, Massachusetts bar member

Signatory's Phone Number: 6173106224

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    Chinh H. Pham
   GREENBERG TRAURIG, LLP
   
   ONE INTERNATIONAL PLACE, SUITE 2000
   BOSTON, Massachusetts 02110
Mailing Address:    Chinh H. Pham
   GREENBERG TRAURIG, LLP
   ONE INTERNATIONAL PLACE, SUITE 2000
   BOSTON, Massachusetts 02110
        
Serial Number: 88202913
Internet Transmission Date: Wed Oct 28 19:05:40 ET 2020
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XXX-202010281905406
75269-88202913-750d96767eae31d259b6f8d19
2140e6a14c6caf5f6fce3ebf24c4c9c9f27a70-N
/A-N/A-20201028190009423300