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The third du Pont factor requires a determination of the similarity or dissimilarity of the trade channels and classes of purchasers for the parties' respective services.
Under the third du Pont factor, we must determine the similarity or dissimilarity of the trade channels and classes of purchasers for the parties' respective services. Because there are no limitations as to trade channels or classes of purchasers in either applicant's or opposer's respective application and registrations, we must presume that each party's services are marketed in all normal trade channels and to all normal classes of purchasers for such services. In re Elbaum, 211 USPQ 639 (TTAB 1981).
Under the third du Pont factor, we consider the similarity or dissimilarity in the trade channels in which the respective goods and services are marketed and, relatedly, the similarity or dissimilarity in the classes of purchasers of the goods and services.
There are no limitations or restrictions in the cited registrations as to the trade channels and classes of purchasers for the identified goods and services, and we therefore must presume that those goods and services are offered in all normal trade channels and to all normal classes of purchasers for such goods and services.
Under the third du Pont factor (similarity or dissimilarity of trade channels), we find that applicant's goods as identified in the application are or can be marketed in the same trade channels and to the same classes of purchasers as opposer's goods. This clearly is the case with respect to those goods of applicant's which are legally identical to opposer's goods, i.e., newsletters and recipes printed on food packaging. Moreover, there are no trade channel or class of purchaser limitations in applicant's identification of goods, so we must presume that applicant's goods are or would be marketed in all normal trade channels and to all normal classes of purchasers for such goods. See In re Elbaum, 211 USPQ 639 (TTAB 1981).
Because no trade channel limitations have been included in either applicant's recitation of services nor in the registration's recitation of services, we must presume that applicant and registrant are entitled to offer their services in all normal trade channels for such services, and to all normal classes of customers for such services. See In re Elbaum, 211 USPQ 639 (TTAB 1981).
There are no limitations or restrictions in the cited registrations as to the trade channels and classes of purchasers for the identified goods and services, and we therefore must presume that those goods and services are offered in all normal trade channels and to all normal classes of purchasers for such goods and services. In re Elbaum, 211 USPQ 639 (TTAB 1981).
The goods identified in the cited registration are "canned peaches, apples, stringless beans, lima beans, corn, sweet potatoes, tomatoes, and tomato products." This identification includes no limitation as to trade channels or classes of purchasers. Accordingly, we must presume that registrant's goods are marketed in all normal trade channels for such goods and to all normal classes of purchasers for such goods. See In re Elbaum, 211 USPQ 639 (TTAB 1981).
Inasmuch as the identifications of goods do not include any limitations, it is assumed that the goods move through the same trade channels, namely all trade channels normal for goods of this type in the healthcare field. These would in the future include hospitals and other healthcare facilities. However, the goods, as identified, are not limited to hospital use, and it is reasonable to assume that, at some point in the future, the drugs may be dispensed outside of the hospital setting, perhaps even as medications which can be taken by the patient at home. Dr. Costanzi touched on this point when he testified about the coming days of "brown bag" pharmaceuticals. (Dep., pp. 14- 16). Thus, the precautionary controls over cancer-treating drugs that generally exist within the hospital may be lost when prescriptions for such drugs might be filled at the local drug store or pharmacy.
We also note, however, that the identifications of goods are not limited to commercial and institutional customers. Octocom Systems Inc. v. Houston Computer Services Inc., 918 F.2d 937, 16 USPQ2d 1783 (Fed. Cir. 1990).
In the absence of any limitations in the parties' identifications of goods, we must presume that the goods move through all reasonable trade channels for such goods to all usual classes of consumers for such goods. Schieffelin & Co. v. Molson Companies Ltd., 9 USPQ2d 2069, 2073 (TTAB 1989); Morton-Norwich Products, Inc. v. N. Siperstein, Inc., 222 USPQ 735, 736 (TTAB 1984); and In re Elbaum, 211 USPQ 639, 640 (TTAB 1981)["[W]here the goods in a cited registration are broadly described and there are no limitations in the identifications of goods as to their nature, type, channels of trade or classes of purchasers, it is presumed that the scope of the registration encompasses all goods of the nature and type described, that the identified goods move in all channels of trade that would be normal for such goods, and that the goods would be purchased by all potential customers."]. Accordingly, in addition to the trade channels mentioned above, it must be presumed that the parties' goods will also be sold in retail outlets like grocery stores, drug stores and warehouse merchandisers. Likewise, it is presumed that the goods will be purchased by ordinary consumers, employing nothing more than ordinary care in their purchasing decision.
Both the application and the cited registration are for the same goods, namely fence rails. Because the goods are identical, and there are no restrictions in the identification of goods, we must presume that the fence rails are sold in all normal trade channels and to all normal classes of purchasers for such goods, and that the channels of trade and classes of purchasers of applicant's and registrant's goods are the same. See Hard Rock Cafe Licensing Corp. v. Elsea, 48 USPQ2d 1400 (TTAB 1998); and In re Elbaum, 211 USPQ 639 (TTAB 1981).
Mattel, Inc. v. Funline Merchandise Co., Inc., Cancellation No. 92040128, (TTAB 2006).
Further, in the absence of any limitations in either petitioner's registration or respondent's registration with respect to channels of trade, or classes of purchasers, we must assume that petitioner and respondent sell their respective goods in all of the usual trade channels for goods of this type, e.g., toy stores and mass merchandisers, to all normal classes of customers therefor, e.g., children and adults.
It is well settled that absent any specific limitations or restrictions in the identifications of goods as listed in the applicant's application and the registrant's registration, the issue of likelihood of confusion must be determined in light of consideration of all normal and usual channels of trade and methods of distribution for the respective goods and on the basis of all customary customers therefor. See, e.g., CBS Inc. v. Morrow, 708 F.2d 1579, 218 USPQ 198 (Fed. Cir. 1983); Squirtco v. Tomy Corp., 697 F.2d 1038, 216 USPQ 937 (Fed. Cir. 1983); and Paula Payne Products Co. v. Johnson Publishing Co., Inc., 473 F.2d 901, 177 USPQ 76 (CCPA 1973).
Accordingly, because both applicant's goods and those of the registrant are identified without limitation as to trade channels or purchasers, the goods must be presumed to be suitable for sale through all normal and usual trade channels therefor (e.g., clothing stores, and mass merchandisers) to all the usual classes of purchasers. See, e.g., In re Elbaum, 211 USPQ 639 (TTAB 1981).
Case Finding: Examples of the determination of trade channels.
Such trade channels would include all normal retail trade channels for health food products and printed materials related thereto, and the classes of purchasers would include ordinary consumers, including consumers of health food products and information. Any asserted limitations in applicant's current or actual trade channels (i.e., mail order) are immaterial, given the absence of such limitations in applicant's identification of goods. We conclude that the third du Pont factor accordingly weighs in opposer's favor in our likelihood of confusion analysis.
As for the third du Pont factor, we find that applicant's goods and opposer's goods move in the same trade channels. There are no limitations in either applicant's or opposer's respective identifications of goods, so we must presume that the goods travel in all trade channels normal for such goods. See Canadian Imperial Bank of Commerce, supra. Furthermore, it is clear from the testimony of applicant and of opposer's witnesses that the parties' respective goods are marketed in the same trade channels and by some of the same retail chains, e.g., CostCo, Office Depot, and Barnes & Noble. For these reasons, we find that the third du Pont factor weighs in opposer's favor in this case.
The mere fact that two products may move in the same channels of trade to the same class of purchasers does not, ipso facto, prove that there is a definite relationship between the two types of goods.
The mere fact that two products may move in the same channels of trade to the same class of purchasers does not, ipso facto, prove that there is a definite relationship between the two types of goods. Champion International Corporation v. Genova, Inc., 199 USPQ 301, 305 (TTAB 1978). See also, Recot Inc. v. M.C. Becton, supra, 54 UPSQ2d at 1899 (although parties' goods are sold in some of the same channels of trade, including supermarkets and grocery stores, there is no per se rule that all products sold within supermarkets are related by virtue of being sold in same establishments).
Where the parties' respective application and registrations are unrestricted, and applicant's goods and services are identical to some of opposers' goods and services, it must be presumed that at such time as applicant were to use his mark on the identified goods and recited services, the parties' respective goods and services will be traveling through the same channels of trade to the same classes of consumers.
Because the parties' respective application and registrations are unrestricted, and applicant's goods and services are identical to some of opposers' goods and services, we must presume that at such time as applicant were to use his mark on the identified goods and recited services, the parties' respective goods and services will be traveling through the same channels of trade to the same classes of consumers. CBS Inc. v. Morrow, 708 F.2d 1579, 218 USPQ 198, 199 (Fed. Cir. 1983); Hewlett-Packard Co. v. Packard Press Inc., 281 F.3d 1261, 62 USPQ2d 1001, 1005 (Fed. Cir. 2002) ("[A]bsent restrictions in the application and registration, goods and services are presumed to travel in the same channels of trade to the same class of purchasers."); and Kangol Ltd. v. KangaRoos U.S.A., 974 F.2d 161, 23 USPQ2d 1945, 1946 (Fed. Cir. 1992).
Applicant does not attempt to reach the parties' common customers through the same retail stores or websites that opposer utilizes. In fact, applicant does not appear to utilize retailers as a trade channel and its website sales appear to be limited to its own website. However, because the parties do not limit the channels of trade in their respective identifications, we must assume that they could use the same channels of trade for these legally identical goods even if they are not now doing so. Kangol Ltd. v. KangaROOS U.S.A., Inc. 974 F.2d 161, 23 USPQ2d 1945, 1946 (Fed. Cir. 1992) ("There is no evidence that opposer's and applicant's goods are currently being sold in the same channels of trade. Yet, in neither the applicant's application nor the opposer's registrations are the trade channels in any way restricted. The issue of likelihood of confusion is resolved by considering the 'normal and usual channels of trade and method of distribution.'") (citations omitted).
Absent limitations on goods or price in the identification of goods, one must consider that the goods will include those sold at a full range of prices, and be sold to a wide range of prospective consumers in all usual channels of trade.
We note, however, that neither identification of goods limits the hardware or software products to traveling in only certain channels of trade or only to certain classes of consumers. Thus, we must consider that the identified products will include those sold at a full range of prices, and be sold to a wide range of prospective consumers in all usual channels of trade for computer products. In re Dixie Restaurants, 105 F.3d 1405, 41 USPQ2d 1531, 1534 (Fed. Cir. 1997) (The second DuPont factor "mandates consideration of the similarity or dissimilarity of the services as described in an application or registration").
Merely because parties operate in the same broad industry does not, by itself, establish that their goods and services are related.
Merely because parties operate in the same broad industry does not, by itself, establish that their goods and services are related. Saks & Co. v. Snack Food Association, 12 USPQ2d 1833, 1835 (TTAB 1989) ("Merely because opposer sells what can be characterized as snack foods, even snack foods bearing the ‘SFA' logo, in its retail establishments, does not create a sufficient nexus with the association services applicant renders to the snack food industry"); In re Quadram Corporation, 228 USPQ 863, 865 (TTAB 1985) ("[W]e think that a per se rule relating to source confusion vis-a-vis computer hardware and software is simply too rigid and restrictive an approach and fails to consider the realities of the marketplace").
Where the goods in the application at issue and/or in the cited registration are broadly identified as to their nature and type, such that there is an absence of any restrictions as to the channels of trade and no limitation as to the classes of purchasers, it is presumed that in scope the identification of goods encompasses not only all the goods of the nature and type described therein, but that the identified goods are offered in all channels of trade which would be normal therefor, and that they would be purchased by all potential buyers thereof.
In re Jump Designs, LLC, Serial No. 76393986, (TTAB 2006).
Where the goods in the application at issue and/or in the cited registration are broadly identified as to their nature and type, such that there is an absence of any restrictions as to the channels of trade and no limitation as to the classes of purchasers, it is presumed that in scope the identification of goods encompasses not only all the goods of the nature and type described therein, but that the identified goods are offered in all channels of trade which would be normal therefor, and that they would be purchased by all potential buyers thereof. In re Elbaum, 211 USPQ 639, 640 (TTAB 1981).
Likelihood of confusion must be found if there is likelihood of confusion involving any item that comes within the identification of goods in the involved application. It is therefore unnecessary to determine whether each of the other items set forth in the involved application are so related to those in the cited registration that confusion would be likely.
Third-party registrations that individually cover different items and that are based on use in commerce serve to suggest that the listed goods and/or services are of a type that may emanate from a single source.
FOOTENOTE 5 "We note, however, that some of the goods are related. In particular, applicant's identification includes items such as office furniture and desks, while registrant's identification includes desk accessories and other items for use with office furniture. In this connection, the examining attorney introduced numerous use-based third-party registrations showing that each of those registrants adopted a single mark for these types of goods. Third-party registrations that individually cover different items and that are based on use in commerce serve to suggest that the listed goods and/or services are of a type that may emanate from a single source. See In re Albert Trostel & Sons Co., 29 USPQ2d 1783 (TTAB 1993); and In re Mucky Duck Mustard Co. Inc., 6 USPQ2d 1467 (TTAB 1988)."
Given that applicant's and registrant's goods are legally identical, it is assumed that these goods travel in the same channels of trade, and that the same classes of purchasers buy these goods.
Given that applicant's and registrant's "furniture" is legally identical, we assume that these goods travel in the same channels of trade (e.g., retail furniture stores), and that the same classes of purchasers buy these goods.
Thus, where the goods in an involved registration are broadly identified as to their nature and type, such that there is an absence of any restrictions as to the channels of trade and no limitation as to the classes of purchasers, it is presumed that in scope the identification of goods encompasses all the goods of the nature and type described therein, that the identified goods are offered in all channels of trade which would be normal therefor, and that they would be purchased by all potential buyers thereof.
Thus, where the goods in an involved registration are broadly identified as to their nature and type, such that there is an absence of any restrictions as to the channels of trade and no limitation as to the classes of purchasers, it is presumed that in scope the identification of goods encompasses all the goods of the nature and type described therein, that the identified goods are offered in all channels of trade which would be normal therefor, and that they would be purchased by all potential buyers thereof. Paula Payne Products Co. v. Johnson Publishing Co., 473 F.2d 901, 177 USPQ 76 (CCPA 1973); Kalart Co. v. Camera-Mart, Inc., 258 F.2d 956, 119 USPQ 139 (CCPA 1958); and In re Elbaum, 211 USPQ 639 (TTAB 1981).
Because the goods of both parties are at least overlapping, we must presume that the purchasers and channels of trade would at least overlap.
Because the goods of both parties are at least overlapping, we must presume that the purchasers and channels of trade would at least overlap. In re Smith and Mehaffey, 31 USPQ2d 1531, 1532 (TTAB 1994) ("Because the goods are legally identical, they must be presumed to travel in the same channels of trade, and be sold to the same class of purchasers"). See also In re Elbaum, 211 USPQ 639, 640 (TTAB 1981) ("Where the services in the application at issue and/or in the cited registration are broadly identified as to their nature and type, such that there is an absence of any restrictions as to the channels of trade and no limitation as to the classes of purchasers, it is presumed that in scope the recitation of services encompasses not only all the services of the nature and type described therein, but that the identified services are offered in all channels of trade which would be normal therefor, and that they would be purchased by all potential buyers thereof").
The means of distribution and sale, although certainly relevant, are areas of peripheral inquiry. The fundamental inquiry mandated by Section 2(d) goes to the cumulative effect of differences in the essential characteristics of the goods and differences in the marks.
Two key considerations are the marks and the goods or services. Federated Foods, Inc. v. Fort Howard Paper Co., 544 F.2d 1098, 192 USPQ 24, 29 (CCPA 1976) ("The means of distribution and sale, although certainly relevant, are areas of peripheral inquiry. The fundamental inquiry mandated by [Section] 2(d) goes to the cumulative effect of differences in the essential characteristics of the goods and differences in the marks.").
Inasmuch as the services are overlapping, we must assume that the purchasers and channels of trade are also the same.
In re Fiesta Palms, LLC, Serial No. 76595049, (TTAB 2007).
We add that inasmuch as the services are overlapping, we must assume that the purchasers and channels of trade are also the same. "Where the goods in the application at issue and/or in the cited registration are broadly identified as to their nature and type, such that there is an absence of any restrictions as to the channels of trade and no limitation as to the classes of purchasers, it is presumed that in scope the identification of goods encompasses not only all the goods of the nature and type described therein, but that the identified goods are offered in all channels of trade which would be normal therefor, and that they would be purchased by all potential buyers thereof." In re Jump Designs LLC, 80 USPQ2d 1370, 1374 (TTAB 2006). See also In re Elbaum, 211 USPQ 639, 640 (TTAB 1981).
In sum, we find no similarity or relatedness between the parties' respective goods and services. To the extent that they both are engaged in retail activities and may employ similar channels of trade and have some overlap in customers, these issues are considered under other duPont factors, not under the factor focusing on the similarity or relatedness of the goods and services.
One must consider channels of trade and classes of consumers based on the identifications in the involved applications and registrations and not the actual channels.
Applicant's witness LaRochelle testified at length about the vast majority of its sales being made to business customers and that its walk-in business is minimal. (LaRochelle disc. dep. pp.52-53 and 57-59; La Rochelle test. pp.25-27, 42 and 48) Nonetheless, we must consider channels of trade and classes of consumers based on the identifications in the involved applications and registrations. Octocom Systems Inc. v. Houston Computers Services Inc., 918 F.2d 937, 16 USPQ2d 1783 (Fed. Cir. 1990). Applicant's identification of its retail store services is not limited to retailing to other businesses and must be read to encompass retailing to the home user of personal computers as well as the business user.
Where the channels of trade are not limited, the analysis of likelihood of confusion must assume that the goods will be marketed to all possible consumers.
Moreover, the channels of trade are not limited, so our analysis of likelihood of confusion must assume that the goods will be marketed to all possible consumers. Octocom Systems Inc. v. Houston Computers Services Inc., 918 F.2d 937, 16 USPQ2d 1783 (Fed. Cir. 1990).
Because the goods and services are closely related, and there are no restrictions as to their channels of trade or classes of purchasers, they must be deemed to be promoted in the same channels of trade and directed to the same purchasers.
Because the goods and services are closely related, and there are no restrictions as to their channels of trade or classes of purchasers, they must be deemed to be promoted in the same channels of trade and directed to the same purchasers. Interstate Brands Corp. v. McKee Foods Corp., 53 USPQ2d 1910 (TTAB 2000).
It must be assumed that, because the identifications in opposers' registrations and applicant's application contain no restrictions on channels of trade, that the parties' goods would be sold in the same channels of trade, then opposers' evidence of their broad channels of trade would likely encompass or overlap with applicant's channels of trade at the point that applicant actually sells its goods in commerce.
Thus, not only must we assume, because the identifications in opposers' registrations and applicant's application contain no restrictions on channels of trade, that the parties' goods would be sold in the same channels of trade, but opposers' evidence of their broad channels of trade would likely encompass or overlap with applicant's channels of trade at the point that applicant actually sells its goods in commerce. In addition, the price of opposers' goods indicates that many of these items (such as posters, auto and bike tags, mugs, and T-shirts) would not involve careful or sophisticated purchasers. Proper affidavit at 5 (The price points for opposers' goods begin at just "a few dollars"). On the contrary, these items must be considered impulse purchases.
Merely because both parties provide retail store services and use similar methods of advertising does not mean that their respective services will be offered to consumers under circumstances and through channels of trade which would create a likelihood of confusion.
FOOTNOTE 14 "Of course, there are instances in which different types of services are rendered through retail establishments, as a retailer might contract with any number of businesses to provide, for example, delivery, installation, repair or maintenance services related to the goods it sells in its retail stores. We do not mean to suggest that goods can move through the same channels of trade but services cannot. Rather, we make the specific point that retail store services from different retailers are, almost by definition, provided through different stores."
Case Finding: Consumers are sophisticated and may be expected to exercise greater care.
Where there are no limitations as to channels of trade or classes of purchasers in either the application or the registration, it is presumed that the registration and the application encompass all of the goods of the type described in the description of goods, that the goods so identified move in all channels of trade normal for those goods, and that the products are available to all classes of purchasers for the listed products.
Because there are no limitations as to channels of trade or classes of purchasers in either the application or the registration, it is presumed that the registration and the application encompass all of the goods of the type described in the description of goods, that the goods so identified move in all channels of trade normal for those goods, and that the products are available to all classes of purchasers for the listed products. See In re Linkvest S.A., 24 USPQ2d at 1716.
Because there are no restrictions as to channels of trade in applicant's description of services, we must assume that applicant's travel agency services are rendered in all of the normal channels of trade to all of the normal purchasers for such services, including opposer's channels of trade and purchasers. Canadian Imperial Bank of Commerce v. Wells Fargo Bank, 811 F.2d 1490, 1 USPQ2d 1813, 1815 (Fed. Cir. 1987); Toys R Us v. Lamps R Us, 219 USPQ 340, 343 (TTAB 1983).
Because there is no limitation or restriction in the description of goods in the application and opposer's registration, the goods of the parties are presumed to travel in the same channels of trade to the same class of purchasers. Hewlett-Packard Co. v. Packard Press Inc., 62 USPQ2d at 1005. See also Octocom Systems Inc. v. Houston Computer Services Inc., 918 F.2d 937, 16 USPQ2d 1783, 1787 (Fed. Cir. 1990).
A geographically unrestricted registration carries the presumption under Section 7(b) of the Trademark Act that applicant has the exclusive right to use the marks throughout the United States and thus the likelihood of confusion analysis is not limited to the geographic areas in which the parties actually use their marks.
Given that applicant is seeking geographically unrestricted registrations, applicant's argument that "[o]pposer's trade channel is apparently limited to persons in Hawaii in need of travel agency services" is unavailing. The geographically unrestricted registrations applicant seeks would carry the presumption under Section 7(b) of the Trademark Act that applicant has the exclusive right to use the marks throughout the United States in connection with travel agency services. Thus, we may not limit our consideration of likelihood of confusion to the geographic areas in which the parties actually use their marks.
Absent supporting evidence, the contention that because the goods are sold at retail as an "off the shelf" product that consumers will exercise a low degree of care does not hold.
The evidence of record does not support opposer's contention that because deer repellant is sold at retail as an "off the shelf" product that consumers will exercise a low degree of care. Opposer has not met its burden of showing that this factor weighs in its favor.
Because neither applicant's identification of goods nor registrant's identification of goods includes any restrictions or limitations as to trade channels, we presume that the respective goods are or would be marketed in all normal trade channels for such goods.
Because neither applicant's identification of goods nor registrant's identification of goods includes any restrictions or limitations as to trade channels, we presume that the respective goods are or would be marketed in all normal trade channels for such goods. See In re Smith & Mehaffey, 31 USPQ2d 1531 (TTAB 1994); In re Elbaum, 211 USPQ 639 (TTAB 1981).
Because the goods identified in the application and opposer's pleaded registrations are legally identical, we must presume that the channels of trade and classes of purchasers are the same.
Because the goods identified in the application and opposer's pleaded registrations are legally identical, we must presume that the channels of trade and classes of purchasers are the same. See Genesco Inc. v. Martz, 66 USPQ2d 1260, 1268 (TTAB 2003) ("Given the in-part identical and in-part related nature of the parties' goods, and the lack of any restrictions in the identifications thereof as to trade channels and purchasers, these clothing items could be offered and sold to the same classes of purchasers through the same channels of trade"); In re Smith and Mehaffey, 31 USPQ2d 1531, 1532 (TTAB 1994) ("Because the goods are legally identical, they must be presumed to travel in the same channels of trade, and be sold to the same class of purchasers").
Because the goods in the application and the cited registration are identical in part, one must also presume that the channels of trade and classes of purchasers are the same.
In addition, because the goods in the application and the cited registration are identical in part, we must also presume that the channels of trade and classes of purchasers are the same. See Genesco Inc. v. Martz, 66 USPQ2d 1260, 1268 (TTAB 2003) ("Given the in-part identical and in-part related nature of the parties' goods, and the lack of any restrictions in the identifications thereof as to trade channels and purchasers, these clothing items could be offered and sold to the same classes of purchasers through the same channels of trade"); In re Smith and Mehaffey, 31 USPQ2d 1531, 1532 (TTAB 1994) ("Because the goods are legally identical, they must be presumed to travel in the same channels of trade, and be sold to the same class of purchasers").
Because the services identified in the application and the registrations are legally identical, we must presume that the channels of trade and classes of purchasers are the same.
Because the services identified in the application and the registrations are legally identical, we must presume that the channels of trade and classes of purchasers are the same. See Genesco Inc. v. Martz, 66 USPQ2d 1260, 1268 (TTAB 2003) ("Given the in-part identical and in-part related nature of the parties' goods, and the lack of any restrictions in the identifications thereof as to trade channels and purchasers, these clothing items could be offered and sold to the same classes of purchasers through the same channels of trade"); In re Smith and Mehaffey, 31 USPQ2d 1531, 1532 (TTAB 1994) ("Because the goods are legally identical, they must be presumed to travel in the same channels of trade, and be sold to the same class of purchasers").
Board proceedings are determined independent of the actual geographic scope of use.
Board proceedings are determined independent of the actual geographic scope of use. Giant Food, Inc. v. Nation's Foodservice, Inc., 710 F.2d 1565, 218 USPQ 390, 393 (Fed. Cir. 1983); Amcor, Inc. v. Amcor Industries, Inc., 210 USPQ 70, 77 (TTAB 1981).
Case Finding: Although the record reveals that applicant has only sold clothing items in New Jersey, his identification of goods is unlimited as to classes of consumers or channels of trade or geographic scope. Because we must therefore assume that the goods will be marketed in all customary channels of trade for, and to all customary consumers for, clothing items, consumers outside applicant's hometown are unlikely to equate MTOWN with Middletown, New Jersey.
Although the record reveals that applicant has only sold clothing items in New Jersey, his identification of goods is unlimited as to classes of consumers or channels of trade or geographic scope. Because we must therefore assume that the goods will be marketed in all customary channels of trade for, and to all customary consumers for, clothing items, see Octocom Systems, Inc. v. Houston Computers Services Inc., 918 F.2d 937, 16 USPQ2d 1783, 1787 (Fed. Cir. 1990), consumers outside applicant's hometown are unlikely to equate MTOWN with Middletown, New Jersey.
Case Finding: Based on this evidence, we find that the goods identified in applicant's application and in registrant's registration would be encountered by the same purchasers on the same manufacturer and/or supplier websites. This overlap in trade channels supports a finding, under the third du Pont factor, that a likelihood of confusion exists.
Based on this evidence, we find that the goods identified in applicant's application and in registrant's registration would be encountered by the same purchasers on the same manufacturer and/or supplier websites. This overlap in trade channels supports a finding, under the third du Pont factor, that a likelihood of confusion exists.
Case Finding: MRI and ultrasound equipment are sold in the same trade channels. Also, inasmuch as physicians and other medical professionals use both types of medical imaging equipment, the same medical personnel are likely to be involved in, or actually make, purchasing decisions for both products as opposed to the purchasing agent who may merely complete the purchase order.
Regarding the factors concerning purchasers and channels of trade, the examining attorney has included internet websites showing that MRI and ultrasound equipment are sold in the same trade channels. See, e.g., www.amberusa.com (MRI and ultrasound equipment); www.medical.philips.com (Imaging – Magnetic Resonance and Ultrasound); www.absolutemed.com (Ultrasound and MRI Machines). Also, inasmuch as physicians and other medical professionals use both types of medical imaging equipment, the same medical personnel are likely to be involved in, or actually make, purchasing decisions for both products as opposed to the purchasing agent who may merely complete the purchase order. See Electronic Design & Sales Inc. v. Electronic Data Systems Corp., 954 F.2d 713, 21 USPQ2d 1388, 1391 (Fed. Cir. 1992) ("[E]ven when there is an overlap in purchasing persons due to a common purchasing agent, such an agent is not necessarily a ‘relevant person' for determining likelihood of confusion"). Therefore, we conclude that the purchasers and channels of trade are likely to overlap.
Case Finding: Purchasers of roofing tiles and flooring tiles overlap.
Regarding prospective purchasers, applicant's declarant maintains that the "average purchaser of roofing tile is a professional contractor or other construction professional," (Gonzalez dec. at 1), and that the customers of applicant's and registrant's goods are different. See Gabrielson dec. at 2 ("Both products are marketed towards completely different customer bases, with Capri Roofing Tiles being marketed to professionals in the roofing tile industry, and Capri Collection Floor Tiles being marketed to professionals in the floor tile industry"). While this may be true with respect to these two specific entities, there is evidence that the purchasers of roofing tiles and flooring tiles overlap. Both types of products would be marketed to architects, general contractors, building owners, and even individuals who are constructing or remodeling a home. See e.g., www.camaraslate.com ("We hope our site is helpful to the architect specifying our products [roofing slate and floor tiles], the supplier or contractor using our products, or most importantly the homeowner choosing our products"); and www.marblemaster.com ("Our product line includes travertine moldings, roof slate tiles… We offer a wide selection of Porcelain tile flooring making it a high performance choice for your home… No middlemen, no distributors, no marketing channel markups … just direct to you at tremendous savings"). Therefore, the purchasers of these goods would at least overlap.
Case Finding: The purchaser of deer repellant has a reasonably focused need for the product; it is a product that is not purchased by an individual consumer frquently; and a single purchsase lasts a long time.
However, the purchaser of deer repellant has a reasonably focused need for the product. Deer repellant is an unusual product in that it is not purchased by an individual consumer on a frequent basis. A single purchase of the product should suffice for a reasonably long period of time (e.g., a season). Opposer advertises that "Just one application each season provides year round protection."30 Opposer's label states that DEER AWAY "Repels Deer Up to 3 Months."31 The directions instruct the user to "[a]pply a light dusting of powder to plants" and "[d]o not retreat new growth."
Case Finding: While the evidence shows that deer repellant may be inexpensive, we are not convinced that consumers will exercise a low degree of care when purchasing the product. In fact, the problem of protecting plants and shrubs from deer is significant enough to warrant numerous governmental and university studies.
If the damage done by deer is significant enough to require action, the purchaser would not indiscriminately purchase any product purported to be a deer repellant. The product would be selected after a reasonable investigation (i.e., the consumer wants a product that will effectively solve the deer problem while not harming the plants). While the evidence shows that deer repellant may be inexpensive, we are not convinced that consumers will exercise a low degree of care when purchasing the product. In fact, the problem of protecting plants and shrubs from deer is significant enough to warrant numerous governmental and university studies.
Discussion of the cases of Astra Pharmaceutical and Electronic Design.
Applicant also refers to the cases of Astra Pharmaceutical and Electronic Design. However, as explained by the Electronic Design Court (21 USPQ2d at 1390-91), "Astra sold pharmaceutical products to hospital pharmacies and Beckman sold laboratory instrumentation to hospital laboratories." In reaching a conclusion similar to that in Astra Pharmaceutical, the Court held that: "Although opposer's services and applicant's goods are purchased by some of the same large corporations, the individual departments therein may be as independent in their purchasing activities as were the hospital departments in Astra. In such corporations, it cannot be presumed, as the Board apparently did, that the general computer services are selected by the same individuals who select battery chargers and power supplies." Id. at 1391.15 Here, the facts are different, with both items likely to be purchased by the same departments or diagnostic facilities with the involvement of the same physicians in the purchasing decision. FOOTNOTE 15 "Applicant also relies on the case of In re N.A.D. Inc., 754 F.2d 996, 224 USPQ 969 (Fed. Cir. 1985). However, a key factor in that case was the presence of a consent agreement from the registrant, a fact not present in the instant case. Id. at 971 ("This consent, moreover, having been given by a competitor well acquainted with the realities of the business suffices to persuade us, when taken together with all of the other facts, that the board and the Examining Attorney were simply wrong in their opinions that there would be a likelihood of confusion, and we so hold")."
Even sophisticated buyers are not immune from source confusion where, as here, the marks are substantially identical.
Furthermore, as our precedent dictates, even sophisticated buyers are not immune from source confusion where, as here, the marks are substantially identical. Cunningham v. Laser Golf Corp., 222 F.3d 943, 948-949 (Fed. Cir. 2000).
Internet evidence may show the normal trade channels for applicant's and registrant's respective goods.
"The Internet evidence submitted by the Trademark Examining Attorney (with her denial of the request for reconsideration) shows that the normal trade channels for applicant's and registrant's respective goods are the same and overlapping.
For example, at www.contractorsdirect.com, pictures of an air compressor and a water pump appear next to each other on the same page. Likewise at www.csnstores.com, pictures of an air compressor and a water pump appear on the same page. Air compressors, water pumps, and/or electric motors all are offered for sale on the websites www.cascade-machinery.com, www.northerntool.com, www.dawest.com, www.havenerent.com, www.lubbockelectric.com, and www.greenvalleycompressor.com."
It is well settled that likelihood of confusion is determined on the basis of the goods as they are identified in the application and in the pleaded registrations.
It is well settled that likelihood of confusion is determined on the basis of the goods as they are identified in the application and in the pleaded registrations. Hewlett-Packard Co. v. Packard Press Inc., 281 F.3d 1261, 62 USPQ2d 1001, 1004 (Fed. Cir. 2002).
One must presume that at least the goods identified in the application and the registration that are legally identical move in the same channels of trade and will be sold to the same classes of consumers.
In view of the foregoing, we must presume that at least the goods identified in the application and the registration that are legally identical move in the same channels of trade and will be sold to the same classes of consumers.
The authority is legion that the question of registrability of an applicant's mark must be decided on the basis of the identification of goods set forth in the application regardless of what the record may reveal as to the particular nature of an applicant's goods, the particular channels of trade or the class of purchasers to which the sales of goods are directed.
The declarations of a party's senior vice-president and its director of operations as experts finding no confusion may not be persuassive to show that there is no likelihood of confusion.
Applicant also points out that "the declarations of two experts … have attested under oath that there is no likelihood of consumer confusion between the Cited Mark and the Applicant's mark." Brief at 6. These experts are applicant's senior vice-president and its director of operations. Request for Reconsideration, Exhibits A and B. We are not convinced that these declarations, when viewed against the entire record, show that there is no likelihood of confusion.
The Digirad case does not establish a per se rule that non-identical, expensive medical products are unrelated. In the present case, the record supports a conclusion that the goods are related.
We have also considered the Digirad case but it does not compel a conclusion that confusion is unlikely. In that case, applicant sought to register the mark DIGIRAD for solid state gamma radiation sensors, signal processors, and display apparatus for use in medical isotopic tracing and medical nuclear imaging. The examining attorney refused to register the mark because of a registration for the mark DIGIRAY for an electronic digital x-ray system. In that case, the board found that purchasers "will easily distinguish between the marks DIGIRAY and DIGIRAD based upon the connotations of RAY and RAD in connection with the parties' respective goods" (Id. at 1845); that the examining attorney's registration evidence did not show "a single one includ[ing] both parties' goods identified herein" (Id. at 1844); and that there are "differences in the relevant purchasers" (Id.). The record in the present case is simply different. The TITAN part of the marks is identical and it would not signal to potential purchasers that the goods emanate from or are associated with different sources; the involved goods do, in the marketplace, originate from some of the same sources; and the purchasers (or those involved in making purchasing decisions) would overlap. Digirad does not establish a per se rule that non-identical, expensive medical products are unrelated. In the present case, the record supports a conclusion that the goods are related.
The opinion of an interested party respecting the ultimate conclusion involved in a proceeding would normally appear of no moment in that proceeding.
"As the Court of Customs and Patent Appeals held: ""The opinion of an interested party respecting the ultimate conclusion involved in a proceeding would normally appear of no moment in that proceeding. Moreover, it is known at the outset. One may assume, for example, that an opposer believes confusion likely and that a defending applicant does not… Under no circumstances, may a party's opinion, earlier or current, relieve the decision maker of the burden of reaching his own ultimate conclusion on the entire record."" Interstate Brands Corp. v. Celestial Seasonings, Inc., 576 F.2d 926, 198 USPQ 151, 154 (CCPA 1978)."
The third du Pont factor considers evidence pertaining to the similarity or dissimilarity of the trade channels in which the goods identified in the application and in the cited registration, respectively, are marketed.
Under the third du Pont factor, we consider evidence pertaining to the similarity or dissimilarity of the trade channels in which the goods identified in the application and in the cited registration, respectively, are marketed.
When identical goods are recited in an application and registration with no limitations as to their channels of trade or classes of consumers, such channels of trade and classes of consumers must be considered to be legally identical.
As noted above, the parties' goods are identical in part and otherwise closely related, and there are no recited restrictions as to their channels of trade or classes of purchasers. When identical goods are recited in an application and registration with no limitations as to their channels of trade or classes of consumers, such channels of trade and classes of consumers must be considered to be legally identical. See Genesco Inc. v. Martz, 66 USPQ2d 1260, 1268 (TTAB 2003) ("Given the in-part identical and inpart related nature of the parties' goods, and the lack of any restrictions in the identifications thereof as to trade channels and purchasers, these clothing items could be offered and sold to the same classes of purchasers through the same channels of trade."); and In re Smith and Mehaffey, 31 USPQ2d 1531, 1532 (TTAB 1994) ("Because the goods are legally identical, they must be presumed to travel in the same channels of trade, and be sold to the same class of purchasers.").
Where consumers are the likely purchasers of both registrant's services and applicant's products, the target consumers of both registrant and applicant are the same.
Regarding the channels of trade, there is nothing that prevents registrant's technical support services for troubleshooting of computer hardware and software problems from being promoted in the same channels of trade for, and to the same classes of consumers that purchase, applicant's performance optimization software. Furthermore, since computer owners are the likely purchasers of both registrant's services and applicant's products, the target consumers of both registrant and applicant are the same. Thus, and as discussed above, while it is only necessary to find a viable relation between applicant's goods and registrant's services to support a finding of likelihood of confusion, due to the essentially identical nature of the marks, in this case the identifications thereof as well as the evidence of record supports a finding that these goods and services are complementary in nature.
While we do not doubt that these institutional purchasing agents are for the most part sophisticated buyers, even sophisticated purchasers are not immune from confusion as to source where, as here, substantially identical marks are applied to related products.
Therefore, the purchasers of these goods would at least overlap. While the purchasers of these products are likely to be professionals or at least somewhat careful purchasers, this would not mean there is no likelihood of confusion when the very similar marks CAPRI and CAPRI COLLECTION are used on products that have been shown to originate from a common source. In re Hester Industries, Inc., 231 USPQ 881, 883 (TTAB 1986) ("While we do not doubt that these institutional purchasing agents are for the most part sophisticated buyers, even sophisticated purchasers are not immune from confusion as to source where, as here, substantially identical marks are applied to related products"). See also In re Total Quality Group Inc., 51 USPQ2d 1474, 1477 (TTAB 1999) ("[E]ven careful purchasers are not immune from source confusion").
With respect to the channels of trade, an opposer must prove that the services are rendered in the same type of distribution channel as encompassed by applicant's description of services.
With respect to the channels of trade, an opposer must prove that the services are rendered in the same type of distribution channel as encompassed by applicant's description of services. Century 21 Real Estate Corp. v. Century Life of America, 970 F.2d 874, 23 USPQ2d 1698, 1701 (Fed. Cir. 1992) ("opposer does not have the burden to show sale of an infringing product by a specific chain of supermarkets or agents. Rather to invoke this du Pont factor, an opposer must show the sale of an infringing product in supermarkets or by agents in general").
Because of the differences in the channels of trade and customers for applicant's and the registrant's goods, there is virtually no opportunity for confusion to arise.
Because of the differences in the channels of trade and customers for applicant's and the registrant's goods, there is virtually no opportunity for confusion to arise. Accordingly, we need not consider the du Pont factor of the similarities of the marks, the only other factor discussed by applicant and the examining attorney, and presumably the only other factor that either believed to be relevant. See In re E.I. du Pont de Nemours & Co., 476 F.2d at 1362, 177 USPQ at 567 ("each [of the thirteen factors] may from case to case play a dominant role"); and Kellogg Co. v. Pack'em Enterprises Inc., 951 F.2d 330, 21 USPQ2d 1142, 1145 (Fed. Cir. 1991) (we know of no reason why, in a particular case, a single duPont factor may not be dispositive"). We find, based on the record before us, that there is no evidence of overlap between the channels of trade for and purchasers of applicant's and registrant's products. Accordingly, the examining attorney has failed to prove that applicant's mark, if used for its identified goods, is likely to cause confusion with the cited registration.
Thought the registrant's products can be purchased by ordinary consumers on impulse, because such purchasers would have no knowledge of the applicant's goods and mark, they would not choose the registrant's product because they had confused the source of the product with applicant.
Although we agree with the examining attorney (and applicant) that the registrant's products can be purchased by ordinary consumers on impulse, because such purchasers would have no knowledge of the applicant's goods and mark, they would not choose the registrant's product because they had confused the source of the product with applicant.
Because there are no limitations as to channels of trade or classes of purchasers in the registration, it is presumed that the registrant's trailers move in all channels of trade normal for those products, and that they are available to all classes of purchasers for the listed goods. See In re Linkvest S.A., 24 USPQ2d 1716, 1716 (TTAB 1992).
If an identification describes the goods without any limitation as to trade channels, it is presumed that the goods move in all normal channels of trade for those goods.
The examining attorney cites to case law standing for the principle that, if an identification describes the goods without any limitation as to trade channels, it is presumed that the goods move in all normal channels of trade for those goods. We, of course, agree with the principle, but point out that the presumption is that the goods move in all normal channels of trade for those goods.
Case Finding: Applicant's identification of goods is sufficient to show that its goods would be sold to manufacturers of pharmaceuticals, nutraceuticals and the like. The buyers of such goods, who would be using these ingredients for the products that they make and sell, must be assumed to be knowledgeable and careful purchasers.
The examining attorney also takes issue with applicant's characterization of its customers as "sophisticated purchasers," stating that applicant failed to provide any evidence about these purchasers. Again, however, applicant's identification of goods is sufficient to show that its goods would be sold to manufacturers of pharmaceuticals, nutraceuticals and the like. The buyers of such goods, who would be using these ingredients for the products that they make and sell, must be assumed to be knowledgeable and careful purchasers.
Case Finding: If the examining attorney wished to contend that such botanical and chemical products used in the manufacturing of finished products are purchased by the general public, it was her burden to prove this.
The examining attorney has stated that applicant has not provided any evidence that its customers are manufacturers of medical, pharmaceutical, herbal and food products, but again, its very identification, i.e., that the goods are for the "manufacture" of nutraceuticals, pharmaceuticals, cosmetics and food, supports this limitation. If the examining attorney wished to contend that such botanical and chemical products used in the manufacturing of finished products are purchased by the general public, it was her burden to prove this.
Because the goods described in the application and the cited registration are identical, we must presume that the channels of trade and classes of purchasers are the same.
Because the goods described in the application and the cited registration are identical, we must presume that the channels of trade and classes of purchasers are the same. See Genesco Inc. v. Martz, 66 USPQ2d 1260, 1268 (TTAB 2003) ("Given the in-part identical and in-part related nature of the parties' goods, and the lack of any restrictions in the identifications thereof as to trade channels and purchasers, these clothing items could be offered and sold to the same classes of purchasers through the same channels of trade"); In re Smith and Mehaffey, 31 USPQ2d 1531, 1532 (TTAB 1994) ("Because the goods are legally identical, they must be presumed to travel in the same channels of trade, and be sold to the same class of purchasers").
Given the in-part identical and in-part related nature of the parties' goods, and the lack of any restrictions in the identifications thereof as to trade channels and purchasers, these items could be offered and sold to the same classes of purchasers through the same channels of trade.
Moreover, because we have found that trailers encompass travel trailers and fifth wheel trailers, the goods in the application and the cited registration are in part identical and we must presume that the channels of trade and classes of purchasers are the same. See Genesco Inc. v. Martz, 66 USPQ2d 1260, 1268 (TTAB 2003) ("Given the in-part identical and in-part related nature of the parties' goods, and the lack of any restrictions in the identifications thereof as to trade channels and purchasers, these clothing items could be offered and sold to the same classes of purchasers through the same channels of trade"); In re Smith and Mehaffey, 31 USPQ2d 1531, 1532 (TTAB 1994) ("Because the goods are legally identical, they must be presumed to travel in the same channels of trade, and be sold to the same class of purchasers"). Accordingly, we must presume that these products move in the same channels of trade and are available to the same consumers.

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The 17 GHz active region number, Selhorst, C. L., Costa, J. E. R., Giménez de Castro, C.G., Válio, A. B., Pacini, A., Shibasaki, K., Astrophys. Jour., 790,2, 134, 2014.
Nighttime sensitivity of VLF measurements of the ionospheric response to X-ray bursts from a remote cosmic source, Raulin, J.-P., Trottet, G., Giménez de Castro, C. G., Correia, E., Macotela, E. L., Journal of Geophysical Research - Space Physics,119, 4758-4766, 2014.
A bright impulsive solar burst detected at 30 THz, P. Kaufmann, S.M. White, S.L. Freeland, R. Marcon, L.O.T. Fernandes, A.S. Kudaka, R.V. de Souza, J.L. Aballay, G. Fernández, R. Godoy, A. Marún, A. Válio, J.-P. Raulin, C. G. Giménez de Castro, Astrophys. Jour.,768,2, 134-142, 2013.
Polarization Emission of Millimeter Activity at the Sun (POEMAS): new circular polarization solar telescopes at two millimeter wavelength ranges, Válio, A., Kaufman, P., Giménez de Castro, C.G., Raulin, J.-P., Fernandes, L.O.T., Marún, A., Sol Phys,2013,283,651-665, DOI: 10.1007/s11207-013-0237-4.
Unusual emissions at various energies prior to the impulsive phase of the November 4, 2003, large solar flare and coronal mass ejection, Kaufmann, P., Holman, G.H, Su, Y., Giménez de Castro, C.G., Correia, E., Fernandes, L.O., de Souza, R., Marún, A., Pereryra, P ., Solar Phys., 2012, 479, 465-475, DOI: 10.1007/s11207-012-0040-7.
The behaviour of the 17 GHz solar radius and limb brightening in the spotless minimum XXIII/XXIV,Selhorst, C.L., Giménez de Castro, C.G., Válio, A., Costa, J.E.R., Shibasaki, K.,Astrop. Jour., 2011, 734,1,64-67, DOI: 10.1088/0004-637X/734/1/64.
Equatorial spread-F occurrence observed at two near equatorial stations in the Brazilian sector and its occurrence modulated by planetary waves, Bertoni, F.C.P., Sahai, Y., Raulin, J.-P., Fagundes, P.R., Villat, V.G., Giménez de Castro, C.G., Lima, W.L.C.,Journ. Atmosph. and Sol. Terrestrial Phys., 2011, 73, 457-463, DOI: 10.1016/j.jastp.2010.10.017.
Submillimeter-Wave Atmospheric Transmission at El Leoncito, Argentina Andes, A.M. Melo, P. Kaufmann, C.G. Giménez de Castro, J.-P. Raulin,H. Levato, A. Marun, J.L. Giuliani, P. Pereyra, IEEE Trans. Ant. Prop., 2005, 53, 4, 1528.
Launch of solar coronal mass ejections and submillimeter pulse bursts, P. Kaufmann, C.G. Giménez de Castro, V. S. Makhmutov, J.-P. Raulin, R. Schwenn, H. Levato, M. G. Rovira, Jour. Geophys. Res., 2003, 108, 1280.
Properties of Fast Submillimeter Time Structures During a Large Solar Flare, J.-P. Raulin, P. Kaufmann, C.G. Giménez de Castro, A.A.Pacini, V. S. Makhmutov, H. Levato, M. Rovira, Astrophys. Jour., 2003, 592, 580-589.
Determination of Submillimeter Atmospheric Opacity at El Leoncito, Argentina Andes, A. M. Melo, C. G. Giménez de Castro, P. Kaufmann, H. Levato, A. Marun, P. Pereyra, J.-P. Raulin, Telecomunicações INATEL ,2003, 6,32.
The new Submillimeter-wave solar telescope, P. Kaufmann, J.E.R. Costa, C.G. Giménez de Castro, R. Hadano, R, Kingsley, J. Kingsley, A. Marun, J.-P. Raulin, M. G. Rovira, E. Correia, Telecomunicações INATEL, 2001, 4, 18-21.
The concept of partially overlapping multiple beams for spatial determination of solar bursts time transients at submm-IR wavelengths, Kaufmann, P. ; Melo, A M ; Giménez de Castro, C. G. In: Thermosense XXIV, 2002, Orlando, Florida. Proceedings of SPIE. USA : Eds. X. P. Maldague, Aandrés E. Rozlosnik, 2002, 4710, 31-36.
Determination of submillimeter atmospheric opacity at El Leoncito, Argentina Andes, Melo, A M ; Giménez de Castro, C. G. ; Kaufmann, P. ; Levato, H. ; Marun, A. ; Pereyra, P. ; Raulin, J.P. In: XXVII Assembléia Geral da URSI, 2002, Maastricht. Proceedings CD-ROM, 2002, p2202.
The New Submillmeter-wave Solar Telescope, Kaufmann, P. ; Rovira, M. ; Giménez de Castro, C. G. ; Hadano, Y. R. ; Kingsley, J. S. ; Kingsley, R. K. ; Levato, H. ; Marun, A. ; Raulin, J.P. ; Rovira, M. ; Correia, E. ; Silva, A. V. R. In: IMOC 2001, Belém, Pará, Brazil. 2001 SBMO/IEEE MTT-S International Microwave and Optoelectronics Conference, 2001.
Solar Flare Observations at Submm-waves, Kaufmann, P. ; Raulin, J.P. ; Correia, E. ; Costa, J. E. R. ; Giménez DE Castro, C. G. ; Silva, A. V. R. ; Levato, H. ; Rovira, M. ; Mandrini, C. ; Fernández Borda, R. ; Bauer, O. In: Recent Insights into the Physics of the Sun and Helisphere:Highlights from SOHO and other Space Missions, 2001, Manchester, UK. Proc. of the 24th General Assembly of the IAU Symposium. U.S.A. : Eds. P. Brekke, B. Fleck, and J.B. Gurman, 2000. 203, 283-286.
First results of tropospheric transmission measurements at 94 and 212 GHz, Luedi, A. ; Martin, L. ; Magun, A. ; Maetzler, C. ; Kaempfer, N. ; Kaufmann, P. ; Costa, J. E. R. ; Giménez de Castro, C.G. ; Rovira, M. ; Levato, H. In: 6th Specialist Meeting on Microwave Radiometry and Remote Sensing of the Environment, MICRORAD, 1999, Firenze, Italy. Microw. Radiomet. Remote Sens. Earth's Surf. Atmosphere, 2000. 213-220.
Multiple High Energy Injections at the Origin of Solar Flares, Kaufmann, P. ; Costa, J. E. R. ; Correia, E. ; Giménez de Castro, C. G. ; Raulin, J.P. ; Silva, A. V. R. In: High Energy Solar Physics - Anticipating Hessi, 1999, Maryland, ASP Conference Series, 2000, 206, 318-322.
Progress Report of the New Solar Submm-Wave Telescope (SST) Installation, Kaufman, P.; Magun, A.; Levato, H.; Rovira, M.; Arzner, K.; Correia, E.; Costa, J. E. R.; Giménez de Castro, C. G.; Kämpfer, N.; Raulin, J.-P.; Rolli, E.; Silva, A. V. R.; in Proceedings of the Nobeyama Symposium; Eds.: T. S. Bastian, N. Gopalswamy and K. Shibasaki, NRO Report No. 479., 1999, p.439-442.
Sobre a foto: Magnetograma da Região NOAA 11429 no dia 13 de março de 2012 as 17 UT. Os contornos vermelhos representam a emissão em Halpha, o círculo verde a emissão em 30 THz, e em laranja a emissão em white light. Extraido do artigo: Origin of the 30 THz emission detected during the 2012 March 13 solar flare at 17:20 UT.

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A guidewire for use in a medical procedure includes an elongate guide member dimensioned for insertion within a body vessel of a subject. The guide member defines a longitudinal axis and has trailing and leading end segments. The leading end segment has a reduced cross-sectional dimension relative to a cross-sectional dimension of the trailing end segment. The leading end segment includes a first core element comprising a first material and a second core element comprising a second material different from the first material and being forward of the first core element. The first material of the first core element has greater rigidity than the rigidity of the second material of the second core element, to thereby facilitate advancement of, and application of torque to, the leading end segment while minimizing deformation.
The present disclosure generally relates to intravascular devices, and, in particular, relates to an intravascular guidewire for assisting in placement of an intravascular device within, e.g., the neurovascular space, for facilitating diagnostic and/or therapeutic neurovascular procedures.
The effectiveness of an intravascular guidewire in advancing through tortuous vasculature without undesired deformation or kinking is dependent upon a number of factors and design considerations. These factors include, inter-alia, the material(s) of fabrication of the guidewire, guidewire dimensions and intended use. Generally, a balance must be achieved to provide the required torsional, lateral, tensile and/or column strengths to enable easy and precise manipulation and steerability in the tortuous vasculature. Guidewires for neurovascular intravascular procedures face additional challenges due to the relatively small diameter required to navigate through the narrow and remote locations of the neurovasculature space.
Accordingly, the present disclosure is directed to a guidewire capable of accessing distal reaches of the vasculature, including the neurovasculature, while exhibiting sufficient torsional and lateral stiffness to enable steering of the guidewire through these tortuous regions. What is also desired is a guidewire having a distal end with improved tensile and torsional integrity, yet with the capability to readily bend in any direction.
In accordance with one embodiment of the present disclosure, a guidewire for use in a medical procedure includes an elongate guide member dimensioned for insertion within a body vessel of a subject. The guide member defines a longitudinal axis and has trailing and leading end segments. The leading end segment has a reduced cross-sectional dimension relative to a cross-sectional dimension of the trailing end segment. The leading end segment includes a first core element comprising a first material and a second core element comprising a second material different from the first material and being forward of the first core element. The first material of the first core element has greater rigidity than the rigidity of the second material of the second core element, to thereby facilitate advancement of, and application of torque to, the leading end segment while minimizing deformation. The first material of the first core element may comprise a nickel-cobalt-chromium alloy or, alternatively, stainless steel. The second material of the second core element may comprise nickel-titanium or an alloy thereof. The first core element may be directly bonded to the second core element through, e.g., a welding process, which may be devoid of any filler material.
A coil member may be coaxially mounted about the guide member and dimensioned to longitudinally extend to at least partially encompass the first and second core elements. The coil member may include a first coil segment and a second coil segment forward of the first coil segment. The first coil segment may comprise a first coil material and the second coil segment may comprise a second coil material different from the first coil material. The first coil segment may have a first torsional strength and the second coil segment may have a second torsional strength greater than the first torsional strength. The second coil segment may be required to assume a greater torsional load to compensate for, e.g., a reduced cross sectional dimension adjacent the tip of the guide member.
The leading end segment may include at least two tapered segments obliquely arranged with respect to the longitudinal axis. In one embodiment, the leading end segment includes, from leading to trailing: a remote segment; a first tapered segment extending from the first remote segment and coterminous therewith; a first generally annular segment extending from the first tapered segment and coterminous therewith; a second tapered segment extending from the second generally annular segment and coterminous therewith; and a second generally annular segment extending from the second tapered segment and coterminous therewith. In embodiments, the first core element is connected to the second core element within the second generally annular segment or may be connected within the third generally annular segment.
A sleeve may be mounted over at least a major portion of the leading end segment. The sleeve may comprise polyurethane and tungsten material. The sleeve also may define an arcuate distal tip.
FIG. 6 is a cross-sectional view of the guide member of the guidewire taken along the lines 6-6 of FIG. 3.
In the following description, the terms “proximal” and “distal” as used herein refer to the relative position of the guidewire in a lumen. The “proximal” or “trailing” end of the guidewire is the guidewire segment extending outside the body closest to the clinician. The “distal” or “leading” end of the guidewire is the guidewire segment placed farthest into a body lumen from the entrance site.
The guidewire of the present disclosure has particular application in a neurovascular procedure, but may be used in any interventional, diagnostic, and/or therapeutic procedure including coronary vascular, peripheral vascular, and gastrointestinal applications in addition to a neurovascular application.
In the figures below, the full length of the guidewire is not shown. The length of the guidewire can vary depending on the type of interventional procedure, though typically it ranges in length from 30 to 400 centimeters (cm). Common lengths of guidewires for coronary, peripheral and neurovascular interventions may range from 170 to 300 cm in length. These lengths permit the use of standardized rapid exchange or over-the-wire catheter systems. The length of the shaped distal end also may vary, for example, from about 5 to about 80 cm in length.
In accordance with one application of the present disclosure, the maximum outer diameter of the guidewire ranges from about 0.008 inches to about 0.018 inches. These diameters are standard for guidewires used, e.g., in a neurovascular procedure. Other diameters are contemplated for cardiovascular, peripheral vascular, and gastrointestinal applications. The diameter of the guidewire may remain relatively constant over a major portion of the length of the guidewire; however, the leading or distal end incorporates a generally tapered or narrowed configuration to permit flexure while navigating the tortuous vasculature.
Referring now to FIG. 1, a tortuous vasculature such as within the neurovascular space “n” is illustrated. For illustrative purposes, a tortuous path or a tortuous region within, e.g., the neurovascular space “n”, includes large vasculature “v1” and smaller branch vessels “v2” which branch or extend from more proximal vessels at various angles, including up to 90 degrees or even greater than 90 degrees.
In FIG. 1, guidewire 10 of the present disclosure is illustrated as being positioned within a conventional access or microcatheter 100. Such microcatheters are known in the art. One suitable microcatheter is the reinforced microcatheter disclosed in commonly assigned U.S. Pat. No. 7,507,229 to Hewitt et al., the entire contents of which are incorporated by reference herein. In general, microcatheter 100 includes handle 102 and hollow catheter member 104 extending from the handle 102. Microcatheter 100 defines a longitudinal opening extending at least through catheter member 104 for passage or reception of guidewire 10.
Guidewire 10 includes actuator 12 and guide member 14 extending from the actuator 12. Actuator 12 may incorporate various features includes handles, slides or the like, to facilitate handling and/or movement of guide member 14. For example, actuator 12 may be used to translate and/or rotate guide member 14 during placement within the vasculature.
Referring now to FIG. 2, guide member 14 of guidewire 10 is illustrated and will be discussed in greater detail. Guide member 14 is dimensioned for insertion within the vasculature. Guide member 14 defines longitudinal axis “k” and has proximal or trailing end segment 16 and distal or leading end segment 18 forward of the trailing end segment 16. In FIG. 2, a major longitudinal portion of proximal end segment 16 is removed for ease of illustration. Trailing end segment 16 may be generally circular in cross-section with a length ranging from about 20 cms. to about 240 cms. Trailing end segment 16 may have a constant cross-sectional dimension or diameter along its length.
With reference now to FIGS. 2-3, leading end segment 18 of guide member 14 is the working end or tip of the guidewire 10 and defines a reduced cross-sectional dimension relative to the cross-sectional dimension of proximal end segment 16. The overall length “L” (FIG. 2) of leading end segment 18 may range from about 20 cms to about 60 cms depending on the maximum diameter (e.g., the diameter of proximal end segment 16) and the overall length of guidewire 10. Leading end segment 18 may include a number of alternating tapered and annular segments which generally increase in cross-sectional dimension or diameter from the extreme remote or distal end toward the proximal end, i.e., toward proximal end segment 16. In the embodiment of FIGS. 2-3, leading end segment 18 includes distal remote segment 20, first tapered segment 22 extending from the remote segment 20 and coterminous therewith, first generally annular segment 24 extending from the first tapered segment 22 and coterminous therewith, second tapered segment 26 extending from the first generally annular segment 24 and coterminous therewith, and second generally annular segment 28 extending from the second tapered segment 26 and being coterminous therewith. Leading end segment 18 may further include third tapered segment 30 extending contiguously from second annular segment 28 and third annular segment 32 which is coterminous with the third tapered segment 30. As a further alternative, leading end segment 18 may also include fourth tapered segment 34 extending from third annular segment 32 to leading end segment 16. First, second and third annular segments 24, 28, 32 may define circular cross-sections with various diameters as depicted in the cross-sectional views of FIGS. 4, 5 and 6, respectively. Suitable diameters of each of annular first second and third annular segments 24, 28, 32 for specific guidewire sizes will be provided hereinbelow. Tapered segments 22, 26, 30 and 34 are in oblique relation to the longitudinal axis “k”. Tapered segments 22, 26 may define an angle relative to longitudinal axis “k” ranging from about 5 degrees to about 30 degrees. Tapered segments 30, 34 may define a greater angle relative to longitudinal axis “k”, e.g., ranging from about 20 degrees to about 70 degrees.
Remote segment 20 may define various configurations. In the embodiment of FIGS. 2-3, remote segment 20 is a flattened, planar or ribbon tip. However, remote segment 20 may define alternative cross-sectional shapes including circular, oval or the like. As a further alternative, remote segment 20 may be heat set into a variety of configurations including a linear arrangement. In one embodiment, remote segment 20 is heat set to maintain, e.g., a non-linear configuration such as a curve, by subjecting the remote segment 20 to heat at about 500° C. to about 525° C. for a duration of time ranging from about 30 seconds to about 2 minutes. Remote segment 20 may also be provided with a bent “j-hook” as is known in the art, or, may be bent into “j-hook” design by the clinician prior to the interventional procedure.
With particular reference to FIG. 3, in conjunction with FIG. 2, in accordance with an embodiment of the disclosure, leading end segment 18 is fabricated from at least two core elements having different core materials with different mechanical properties. For example, first core element 36 encompasses at least a section of second annular segment 28 and extends proximally toward proximal or trailing end segment 16 of guidewire 10, and may encompass the entirety of the trailing end segment 16. Second core element 38 (identified by the different cross-hatching in FIG. 3) is distal or forward of first core element 36 and may encompass the remaining distal section of second annular segment 28, second tapered segment 26, first annular segment 24, first tapered segment 22 and remote segment 20. As will be discussed in detail hereinbelow, first core element 36 and second core element 38 are joined at bond location 40.
Second core element 38 may comprise a shape memory or superelastic alloy or polymer. One suitable shape memory alloy (SMA) or superelastic metal is Nitinol (NiTi), a nickel/titanium alloy, which is commercially available in various diameters or sizes. Superelastic alloys such as NiTi are relatively flexible capable of effectively tracking tortuous vasculature encountered while exhibiting advantageous restoration capabilities. Shape memory or superelastic metal or polymer such as NiTi may also be suitable for applications in which it is desired that leading end segment 18 have a predetermined curvature. Shape memory alloys including NiTi can be heat set into a desired shape, straightened for delivery to a site, and then released to resume the heat-set shape. Other materials for second core element 38 may include an alloy consisting of Nickel, Titanium, and Cobalt commercially available from SAES Smart Materials, Inc, of New Hartford, N.Y.
First core element 36 is preferably fabricated from a more rigid material having a greater elastic modulus, torsional and/or lateral rigidity than the material of second core element 38. In one embodiment, first core element 36 is fabricated from MP35N, a nickel-cobalt alloy. MP35N is a cold worked, age hardenable nickel-cobalt base alloy having a combination of strength, toughness, durability and corrosion resistance. A typical composition of MP35N is 35% Nickel (Ni), 35% Cobalt (CO), 20% Chromium (Cr) and 10% Molybdenum (MO). Wire fabricated from MP35N is commercially available in various diameter sizes from, e.g., Fort Wayne Metals of Fort Wayne, Ind. The more rigid first core element 36 enhances pushability through the vasculature and torque transmission as will be discussed. Other suitable materials for first core element 36 include stainless steel, titanium and alloys thereof, and the Nickel Titanium Cobalt alloy identified hereinabove. The properties of these materials may be altered through the use of additive materials, manufacturing processes or the like to provide the required lateral strength and stiffness to realize the desired characteristics of first core element 36 discussed hereinabove.
First core element 36 may be bonded to second core element 38 at bonding location 40 within second annular segment 28 through various means including bonding, welding, adhesives or the like. In one embodiment, first core element 36 is secured to second core element 38 through a welding process such as a laser or radio frequency (RF) welding process. The welding process contemplated is devoid of filler or bonding materials, thereby providing a direct connection or mating of the elements of first and second core elements 36, 38 during application of heat. The ends of each of first and second core elements 36, 38 to be joined may be subjected to an acid wash to remove impurities, and/or edges prior to welding of the components.
The provision of first and second core elements 36, 38 of different materials having different elastic modulus, rigidities and/or torsional strengths within leading end segment 18, in combination with the dimensioning of the components of the leading end segment 18, provides significant benefits with respect to pushability, lateral strength, torque transfer and flexibility of the guidewire 10. For example, in one embodiment, second core element 38 encompasses about 10% to about 20% of the overall length of leading end segment 18. In embodiments, second core element 38 may extend from remote end 20 a distance “m” (FIG. 3) ranging from about 10 cm to about 20 cm. This localization or provision of the less rigid second core element 38 at the remote end of leading end segment 18 (and/or the relatively increased length of the more rigid first core element 36 within the leading end segment 18) increases pushability of guide member 12 within the tortuous vasculature, improves torque transmission and minimizes distal deformation while also providing sufficient flexibility to accommodate the turns of the vasculature within the neurovascular space. The respective lengths of first and second core elements 36, 38 for various guidewire sizes are outlined in the Table hereinbelow.
As mentioned hereinabove, in the embodiment depicted in FIGS. 2 and 3, first and second core elements 36, 38 are joined at location 40 within second annular segment 28. It is envisioned that the juncture location may be anywhere along leading end segment 18, including, e.g., along second tapered segment 26, third tapered segment 30 or third annular segment 32, e.g., at location 41, or arranged to be bonded within first annular segment 24, e.g., at location 43.
With continued reference to FIGS. 2 and 3, leading end segment 18 further includes at least one coil coaxially mounted about at least a portion of the leading end segment 18, and outer sheath 42. In embodiments, leading end segment 18 includes two coils, namely, first or proximal coil segment 44 and second or distal coil segment 46 forward of the proximal coil segment 44. Proximal coil segment 44 may be fabricated from a number of materials including MP35N discussed hereinabove. Proximal coil segment 44 may be dimensioned to extend to encompass second annular segment 28 and a portion of second tapered segment 26. The diameter of the wire of proximal coil segment 44 may range from about 0.0009 inches to about 0.0025 inches, and, in one embodiment, is about 0.0012 inches. Proximal coil segment 44 may also have a rectangular or flattened cross-section.
Distal coil segment 46 extends from proximal coil segment 44 and encompasses the remainder of leading end segment 18 of guide member 14. Distal coil segment 46 may be fabricated from a number of materials. In one embodiment, distal coil segment 46 is fabricated from the commercially available radiopaque Biomed material sourced by Johnson-Matthey of London, England, and is offered in 3 grades, namely, grade 1400 including 86% Palladium (Pd), 14% Rhenium(Re), grade 1000 including 90% Pd, 10% Re and grade 500 including 95% Pd, 5% Re. The wire of distal coil segment 46 has a diameter greater than the wire of proximal coil segment 44. In one embodiment, the diameter of distal coil segment 46 ranges from about 0.0012 inches to about 0.0025 inches, and may be about 0.0015 inches. Distal coil segment 46 may also have a rectangular or flattened cross-section. The radiopacity of distal coil segment 46 may assist in placement of leading end segment 18 within the vasculature through the use of imaging means, e.g., fluoroscopically during the interventional procedure.
Proximal coil segment 44 and distal coil segment 46 may provide lateral and/or torsional support to leading end segment 18. In one embodiment, the lateral strength (or resistance to bending) of distal coil segment 46 is less than the lateral strength of proximal coil segment 44 to permit flexing of second core element 38 of leading end segment 18. The outer diameters of proximal and distal coil segments 44, 46 may approximate each other and may be substantially equivalent to the diameter of third annular segment 32 to provide a smooth transition. The configurations of proximal and distal coil segments 44, 46 may be changed to provide varied properties if desired. In an embodiment, proximal and distal coil segments 44, 46 may be wound or otherwise disposed about leading end segment 18 in differing or opposite directions. In embodiments, adjacent turns of the coils of each of proximal and distal coil segments 44, 46 are in contacting relation (i.e., they are devoid of spacing between the adjacent coil turns). In one embodiment, proximal and distal coil segments 44, 46 may be joined at their interface. In addition, proximal and distal coil segments 44, 46 may be attached to leading end segment 18 of guide member 14 along various locations. Attachment may be effected though the use of adhesives, welding, soldering or the like. Distal coil segment 46 may be operatively connected or secured to remote end 20 of leading end segment 18 through a soldering process or with the use of an adhesive such as an epoxy, cyanoacrylate adhesive or an ultraviolet (UV) light curable adhesive. The soldering or adhesive element is represented schematically as element 48 in FIG. 3.
Outer sheath 42 encloses leading end segment 18 and proximal and distal coil segments 44, 46. Outer sheath 42 may be fabricated from any suitable material. In one embodiment, outer sheath 42 is a polyurethane sleeve which may or may not be loaded with tungsten, e.g., in microbead form. If loaded with tungsten, outer sheath 42 provides an additional element of radiopacity to leading end segment 18 of guide member 14. Outer sheath 42 may be thermoformed over leading end segment 18 and proximal and distal coil segments 44, 46 through conventional thermoform techniques. Outer sheath 42 defines an atraumatic arcuate leading end surface 50 to minimize the potential of trauma or abrasion of the vessel walls. In one embodiment, the diameter of outer sheath 42 is less than the diameter of proximal or trailing end segment 16 of guide member 14 to provide a smooth transition between the components.
The Table provided below identifies ranges of dimensions of the components of the leading end segment 18 for various guidewire sizes in accordance with the principles of the present disclosure. In the Table, D is represented as a percentage (%) of the diameter of the trailing end segment 16 and L represents the specific length of the component. For example, the diameter of first annular segment 24 may range from about 10% to about 30% of the diameter of trailing end segment 16 and have a length ranging from about 2 cms. to about 10 cms. All ranges are approximate. Preferred dimensions for the specific guidewire sizes may be at the midpoint of the specified ranges. Variations of these dimensions are envisioned. The first core element 36 is fabricated from MP35N and the second core element 38 is fabricated from NiTi. As noted, the overall length of first core element 36 may range from about 10 cms. to about 40 cms. and the overall length of second core element 38 may range from about 20 cms. to about 290 cms.
L (cms.) 2-10 cms. 5-30 cms. 10-30 cms. 10-40 cms. 20-290 cms.
It is further envisioned that a lubricious coating may be disposed over components of guide member 14 including outer sheath 42. Suitable lubricious coatings include hydrophilic materials such as polyvinylpyrrolidone (PVP), polyethylene oxide, polyethylene glycol, cellulosic polymers, and hydrophilic maleic anhydride, or hydrophobic materials such as silicone, PTFE, or FEP. These coatings are typically applied by dip coating or spray methods, and heat curing may be used. For example, cure temperatures up to about 70 degrees C. are used for silicone coatings, and several hundred degrees may be required for PTFE coatings. In addition to the lubricious coating, bioactive coatings may be applied over all or part of the guidewire. Such coatings also may incorporate materials such as heparin, hirudin and its analogs, or other drugs. These coatings typically are applied by dip coating. Bioactive coatings are desirable to prevent blood clotting or for delivery of drugs to a specific site.
a coil member coaxially mounted about the guide member and dimensioned to longitudinally extend to at least partially encompass and engage with each of the first and second core elements.
2. The guidewire according to claim 1 wherein the first material of the first core element comprises a nickel-cobalt-chromium alloy.
3. The guidewire according to claim 1 wherein the first material of the first core element comprises stainless steel.
4. The guidewire according to claim 2 wherein the second material of the second core element comprises an alloy including nickel and titanium.
5. The guidewire according to claim 1 wherein the first core element is bonded to the second core element through a welding process, the welding process devoid of any filler material.
6. The guidewire according to claim 1 wherein the coil member includes a first coil segment and a second coil segment forward of the first coil segment.
7. The guidewire according to claim 6 wherein the first coil segment comprises a first coil material and the second coil segment comprises a second coil material different from the first coil material.
8. The guidewire according to claim 6 wherein the first coil segment has a first torsional strength and the second coil segment has a second torsional strength greater than the first torsional strength.
9. The guidewire according to claim 1 wherein the leading end segment includes at least two tapered segments obliquely arranged with respect to the longitudinal axis.
a second generally annular segment extending from the second tapered segment and coterminous therewith.
11. The guidewire according to claim 10 wherein the first core element is connected to the second core element within the second generally annular segment.
12. The guidewire according to claim 10 wherein the first core element is connected to the second core element within a third generally annular segment that extends from a third tapered segment, the third tapered segment extending from the second generally annular segment.
13. The guidewire according to claim 10 wherein the remote segment defines one of a polygonal or annular cross-section.
14. The guidewire according to claim 10 wherein the remote segment is heat set into a predetermined configuration.
15. The guidewire according to claim 14 wherein the predetermined configuration is generally arcuate.
16. The guidewire according to claim 1 including a sleeve mounted over at least a major portion of the leading end segment.
17. The guidewire according to claim 16 wherein the sleeve comprises polyurethane and tungsten material.
18. The guidewire according to claim 16 wherein the sleeve defines an arcuate distal tip.
19. The guidewire according to claim 1 wherein the first and second core elements do not overlap in an axial direction, the axial direction extending parallel to along a longitudinal axis of the elongate guide member.
20. The guidewire according to claim 1 wherein a portion of the second material of the second core element axially adjacent to the first material of the first core element is directly bonded to the first material of the first core element.
Decision of Second Final Rejection, and English Translation thereof, from counterpart Korean Patent Application No. 10-2013-0021901, dated Feb. 26, 2016, 5 pp.
European Search Report dated Jul. 30, 2013 from counterpart European Application No. 13156588.9 (13 pgs.).
Examiner's Report from Counterpart Canadian Patent Application No. 2,806,985, dated Apr. 29, 2014, 3 pp.
Examiner's Report from counterpart Canadian Patent Application No. 2806985, dated Jan. 20, 2015, 4 pp.
First Office Action, and translation thereof, from counterpart Chinese Patent Application No. 201310165105.8, dated Jul. 7, 2014, 18 pp.
Notice of Final Rejection, and translation thereof, from counterpart Japanese Patent Application No. 2013-037291, dated Jul. 24, 2014, 7 pp.
Notice of Final Rejection, and translation thereof, from counterpart Korean Application No. 10-2013-0021901, dated Apr. 24, 2015, 7 pp.
Notice of Last Preliminary Rejection, and translation thereof, from counterpart Korean Application No. 10-2013-21901, dated Aug. 25, 2015, 9 pp.
Notice of Preliminary Rejection, and translation thereof, from counterpart Korean Application No. 10-2013-0021901, dated Jun. 18, 2014, 11 pp.
Notice of Reasons for Rejection, and translation thereof, from counterpart Japanese Application No. 2013-37291, dated Oct. 19, 2015, 7 pp.
Notification of Reexamination, and translation thereof, from counterpart Chinese Application No. 201310165105.8 dated May 5, 2017, 13 pp.
Notification of the Second Office Action, and translation thereof, from counterpart Chinese Patent Application No. 201310165105.8, dated Mar. 30, 2015, 19 pp.
Office Action of the Substantive Examination, and translation thereof, from counterpart Russian Patent Application No. 2013108351/14(012390) dated Jul. 20, 2014, 9 pp.
Rejection Decision, and translation thereof, from counterpart Chinese Application No. 201310165105.8, dated Aug. 12, 2015, 14 pp.
The Notification of Reexamination, and translation thereof, from counterpart Chinese Application No. 201310165105.8, dated Sep. 20, 2016, 19 pp.

matches:
Application No. 10
Application No. 13156588
Application No. 2
Application No. 2806985
Application No. 201310165105
Application No. 2013
Application No. 10
Application No. 10
Application No. 10
Application No. 2013
Application No. 201310165105
Application No. 201310165105
Application No. 2013108351
Application No. 201310165105
Application No. 201310165105