Medical Imaging Solutions, Inc.

Trademark Trial and Appeal Board

Aug 21, 2003

No. 76158788re (T.T.A.B. Aug. 21, 2003)

Mailed: August 21, 2003
Paper No. 14
BAC
UNITED STATES PATENT AND TRADEMARK OFFICE
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Trademark Trial and Appeal Board
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In re Medical Imaging Solutions, Inc.
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Serial No. 76/158,788
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Request for Reconsideration
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Seth M. Nehrbass of Garvey, Smith, Nehrbass & Doody, L.L.C.
for Medical Imaging Solutions, Inc.
Ronald McMorrow, Trademark Examining Attorney, Law Office
105 (Thomas G. Howell, Managing Attorney).
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Before Chapman, Bottorff and Rogers, Administrative
Trademark Judges.
Opinion by Chapman, Administrative Trademark Judge:
On July 1, 2003 the Board affirmed the Examining
Attorney’s refusal to register applicant’s mark,
ANGIOVISION and design, under Section 2(d) of the Trademark
Act. Applicant filed on August 1, 2003 (via a certificate
of mailing) a request for reconsideration.
THIS DISPOSITION IS
NOT CITABLE AS PRECEDENT
OF THE TTAB
Ser. No. 76/158788
2
Applicant urges reconsideration “based on the
arguments in its Appeal Brief”; specifically arguing that
“different physicians purchase the [respective] goods”
(request for reconsideration, p. 1). Applicant stated it
is willing to amend its identification of goods to include
“for use by cardiologists.”
Of course, the Board has previously considered the
arguments in applicant’s appeal brief. In fact, the issues
of channels of trade, purchasers and sophistication of the
purchasers were addressed on pages 7-8 of our July 1, 2003
decision. Applicant has pointed to no error of law or fact
in our previous decision.
Applicant’s offer of an amendment to its
identification of goods is untimely. See Trademark Rule
2.142(g). See also, TBMP §1218 (2d ed. June 2003), and
cases cited therein.
Applicant’s request for reconsideration is denied.