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Precedential No. 33: Opposer Proves Priority Based on Sale of Ventilators for Test Purposes

Opposer Automedx breathed more easily after the Board sustained its Section 2(d) opposition to registration of the mark SAVE for medical "ventilators," finding the mark likely to cause confusion with Opposer's mark SAVe for portable ventilators. The sole contested issue was priority of use, and the Board sided with Opposer Automedx based on its earlier sale of ventilators to the Air Force for purposes of testing and refinement. Automedx, Inc. v. Artivent Corporation, Opposition No. 91182429 (August 17, 2010) [precedential].Judge Bergsman laid out the facts and the issues in his usual well-organized fashion. This posting will attempt to hit the high points.Applicant was entitled to claim the filing date of its I-T-U application, October 10, 2006, as its date of first use...continue to full post

Full post as published by The TTABlog on August 26, 2010 (boomark / email).