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Live/Pending
NON-FINAL ACTION - MAILED

final action

on 12 Dec 2023

Last Applicant/ Owned by

110 Lake Avenue South, Suite 35

Nesconset

NY

11767

Serial Number

97843908 filed on 17th Mar 2023

Registration Number

N/A

Correspondent Address

Francesca M. Witzburg

ESCA LEGAL LLC

1177 6th Avenue, 5th FLR

New York,NY 10036

Filing Basis

1. filed as use application

2. use application currently

Disclaimer

NO DATA

Logo Mark Trademark Information

Medical apparatus for removing throat and airway obstructions, namely, respiratory aspirators and airway clearance devices The color(s) Yellow is/are claimed as a feature of the mark. The mark consists of the three-dimensional trade dress of a yellow base disc of an airway clearance device and respiratory aspirator. The yellow disc is the base part of the airway clearance device and respiratory Read More

Classification Information


Class [010]
Medical Instrument Products


Medical apparatus for removing throat and airway obstructions, namely, respiratory aspirators and airway clearance devices


First Use Date in General

13th Aug 2014

First Use Date in Commerce

13th Aug 2014

Mark Details


Serial Number

No 97843908

Mark Type

No Service/Collective Mark

Attorney Docket Number

No LIFEVAC-TM19

44D Filed

No

44D Current

No

44E filed

No

44E Current

No

66A Filed

No

66A Current

No

Current Basis

No

No Basis

No

Design Code(s)

10.07.25 -

Other medical or surgical apparatus, instruments, attire, or utensils, including medical inhalers and eyepatches

11.09.25 -

Other household utensils, including drain plungers and washboards

14.03.02 -

Nails, screws, nuts, bolts, washers, eyelets, rivets, dowel pins, thumb tacks, railroad spikes

26.01.18 -

Three or more concentric circles

26.01.21 -

Circles that are totally or partially shaded

29.03.08 -

Yellow or gold

Description of Design Search

The mark consists of the three-dimensional trade dress of a yellow base disc of an airway clearance device and respiratory aspirator. The yellow disc is the base part of the airway clearance device and respiratory aspirator that contains cut outs in the base arranged in a concentric circular pattern which has been screwed in at four points to the main airway clearance device and respiratory aspirator. The top part of the base is attached to a transparent tube having seven concentric ring like structures which ends with a short handle. The rings decrease in size as they move away from the base towards the handle.

Legal History


Show more

Status DateAction Taken
11th Mar 2024APPLICATION EXTENSION TO RESPONSE PERIOD - RECEIVED
11th Mar 2024APPLICATION EXTENSION GRANTED/RECEIPT PROVIDED
29th Feb 2024TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
29th Feb 2024ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
29th Feb 2024TEAS CHANGE OF CORRESPONDENCE RECEIVED
03rd Jan 2024TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
03rd Jan 2024ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
03rd Jan 2024TEAS CHANGE OF CORRESPONDENCE RECEIVED
12th Dec 2023LETTER OF PROTEST EVIDENCE REVIEWED - ACTION TAKEN
12th Dec 2023NON-FINAL ACTION WRITTEN