ESTTA Tracking number: ESTTA1050048 04/20/2020
Transcript of ESTTA Tracking number: ESTTA1050048 04/20/2020
Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
ESTTA Tracking number: ESTTA1050048
Filing date: 04/20/2020
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
Proceeding 79243532
Applicant TRACOE medical GmbH
Applied for Mark TRACOE APEX
CorrespondenceAddress
LINDSAY M R JONESMERCHANT & GOULD PCP O BOX 2910MINNEAPOLIS, MN 55402-0910UNITED [email protected], [email protected], [email protected], [email protected],[email protected]
Submission Appeal Brief
Attachments 2020 04 20 Amended Appeal Brief TRACOE APEX.PDF(185151 bytes )Exhibit A.PDF(297090 bytes )Exhibit B.PDF(283952 bytes )Exhibit C.PDF(223590 bytes )Exhibit D.PDF(450485 bytes )
Filer's Name ANDREW S. EHARD
Filer's email [email protected], [email protected], [email protected], [email protected],[email protected]
Signature /Andrew S. Ehard/
Date 04/20/2020
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
APPLICATION SERIAL NO: 79/243,532 FILING DATE: AUGUST 28, 2018
APPLICANT: TRACOE MEDICAL GMBH EX. ATTORNEY: A. BIACHE
MARK: TRACOE APEX DOCKET NO: 16333.0020USIB
_______________________________________________________________________
CERTIFICATE UNDER 37 CFR 1.8: The undersigned hereby certifies that this correspondence is being
electronically filed with the Trademark Trial and Appeal Board via ESTTA, on April 20, 2020.
By: s/Lindsay M.R. Jones
Lindsay M.R. Jones
APPLICANT’S APPEAL BRIEF
Tracoe Medical GmbH ("Applicant") appeals the trademark examining attorney's
refusal to register the trademark TRACOE APEX on the ground that the mark so
resembles the mark APEX in U.S. Registration No. 1,922,866 as to be likely to cause
confusion, to cause mistake, or to deceive, under Section 2(d) of the Trademark Act.
I. FACTS
On August 28, 2018, Applicant filed a federal trademark application under the
provisions of Section 66(a) of the Trademark Act to use the mark TRACOE APEX in
connection with the following Class 10 goods:
“Medical apparatus and instruments; surgical apparatus and instruments for
medical use; cannulas; tracheal cannulas; tracheostomy cannulas; anesthesia
cannulas; speaking cannulas; tracheastomy tubes; tubes and attachments for use
with cannulas; stoma seals; medical aids for use in stoma care; straps for
cannulas; tweezers for medical use; accessories and attachments for medical-
technical instruments and apparatus, in particular for tracheostomy tubes; surgical
and wound treating equipment; medical instruments for dilation tracheometry;
pressure monitoring apparatus for medical purposes; medical instruments for
diagnostics, examinations and monitoring; medical clothing; shower protection
2
for medical purposes.”
Upon initial examination of the Application, the U.S. Patent and Trademark Office (the
“Trademark Office") refused registration of the proposed mark under §2(d) of the
Trademark Act as likely to cause confusion with the following registrations: U.S.
Registration Nos. 1,922,866 (APEX), 1,934,197 (APEX), 2,065,134 (APEX), 2,399,854
(APEX), 2,505,277 (APEX), 2,792,216 (APEX), 4,394,657 (APEX), and 4,523,338
(APEX). The Office also issued a requirement for an amendment of the identification of
goods.
On July 1, 2019, Applicant submitted an Amendment and Response to the Office
Action wherein arguments were presented against the finding of likelihood of confusion.
Specifically, Applicant argued that longstanding use of its house mark TRACOE in
association with tracheotomy devices and apparatus sufficiently delineates the applied-for
mark from the Cited Registrations. Additionally, Applicant noted the dilution and weak
nature of marks comprised of the term APEX in Class 10 and the discerning nature of the
customers that purchase Applicant’s goods. Applicant also amended the identification of
goods as follows:
“Medical apparatus and instruments for use in tracheotomies; surgical apparatus
and instruments for medical use; cannulas; tracheal cannulas; tracheostomy
cannulas; anesthesia cannulas; speaking cannulas; tracheostomy tubes; tubes and
attachments for use with cannulas; stoma seals for use with tracheostomy tubes;
medical aids for use in stoma care, namely, sensors for stoma bags and stoma
caps; straps for cannulas; accessories and attachments for medical-technical
instruments and apparatus, in particular for tracheotomy tubes; surgical and
wound treating equipment, namely, absorbent compresses and pads, elastic
positioning ribbons, distance holder clips, mucous collecting devices, cannula,
tracheostoma protective pads, suture materials, wound suction apparatus, wound
drainage apparatus, medical devices for closing wounds; medical instruments for
dilation tracheotomy; blood pressure monitoring apparatus for medical purposes;
medical instruments for diagnostics, examinations and monitoring, namely,
medical instruments for percutaneous tracheotomy.”
3
In response, however, the Trademark Office issued a final refusal of registration based on
likelihood of confusion with U.S. Registration No. 1,922,866 for the mark APEX and
recommended further amendment of the identification of goods.
On December 3, 2019, Applicant filed a Request for Reconsideration with the
Trademark Office, wherein Applicant presented additional arguments and evidence
against the finding of likelihood of confusion. In particular, Applicant presented
arguments that the applied-for mark is dissimilar in overall appearance, sound, meaning,
and commercial impression from the Cited Registration shown in U.S. Registration No.
1,922,866. Applicant also amended its identification of goods as follows:
“Medical apparatus and instruments for use in tracheotomies and not for
arthroscopic devices and parts and accessories therefor; surgical apparatus and
instruments for medical use; cannulas; tracheal cannulas; tracheostomy cannulas;
anesthesia cannulas; speaking cannulas; tracheostomy tubes; tubes and
attachments for use with cannulas; stoma seals for use with tracheostomy tubes;
medical aids for use in stoma care, namely, sensors for stoma bags and stoma
caps; straps for cannulas; accessories and attachments for medical-technical
instruments and apparatus, in particular for tracheotomy tubes; surgical and
wound treating equipment, namely, cannula, tracheostoma protective pads, suture
materials, wound suction apparatus, wound drainage apparatus, medical devices
for closing wounds; medical instruments for dilation tracheotomy; blood pressure
monitoring apparatus for medical purposes; medical instruments for diagnostics,
examinations and monitoring, namely, medical instruments for percutaneous
tracheotomy.”
On January 8, 2020, the Trademark Office denied Applicant’s Request for
Reconsideration based on the likelihood of confusion refusal. Shortly thereafter, the
Board issued a Notice indicating that Applicant’s Appeal Brief was due on March 27,
2020.
4
Applicant now appeals the final refusal of registration of its TRACOE APEX
mark, and asserts that its mark is not likely to cause confusion, to cause mistake, or to
deceive under Section 2(d) of the Trademark Act.
II. ISSUE
Whether the term TRACOE APEX is likely to cause confusion, to cause mistake,
or to deceive under Section 2(d) of the Trademark Act in view of U.S. Registration No.
1,922,866.
III. APPLICANT REQUESTS FURTHER REVISION OF ITS
IDENTIFICATION OF GOODS TO FURTHER OUTLINE THE
DIFFERENCES BETWEEN THE APPLIED-FOR MARK AND THE
MARK SHOWN IN U.S. REGISTRATION NO. 1,922,866.
Applicant requests amendment of the following Class 10 goods in U.S. Application Serial
No. 79/243,532 as follows:
“Medical apparatus and instruments for use in tracheotomies and not for
arthroscopic devices and parts and accessories therefor; surgical apparatus and
instruments for medical use but not for arthroscopic devices and parts and
accessories therefor; cannulas but not for arthroscopic devices and parts and
accessories therefor; tracheal cannulas; tracheostomy cannulas; anesthesia
cannulas but not for arthroscopic devices and parts and accessories therefor;
speaking cannulas; tracheostomy tubes; tubes and attachments for use with
cannulas but not for arthroscopic devices and parts and accessories therefor;
stoma seals for use with tracheostomy tubes; medical aids for use in stoma care,
namely, sensors for stoma bags and stoma caps; straps for cannulas but not for
arthroscopic devices and parts and accessories therefor; accessories and
attachments for medical-technical instruments and apparatus, in particular for
tracheotomy tubes; surgical and wound treating equipment but not for
arthroscopic devices and parts and accessories therefor, namely, cannula,
tracheostoma protective pads, suture materials, wound suction apparatus, wound
drainage apparatus, medical devices for closing wounds; medical instruments for
dilation tracheotomy; blood pressure monitoring apparatus for medical purposes;
medical instruments for diagnostics, examinations and monitoring, namely,
medical instruments for percutaneous tracheotomy.”
IV. APPLICANT’S MARK IS NOT LIKELY TO CAUSE CONFUSION WITH
THE CITED REGISTRIATON IN U.S. REGISTRATION NO. 1,922,866.
5
Applicant’s mark is entitled to registration because no likelihood of confusion
exists between the applied-for TRACOE APEX mark and U.S. Registration No.
1,922,866 for the mark APEX. See 15 U.S.C. §1052(d). The burden of proof as to
likelihood of confusion lies with the Trademark Office. In this case, the Trademark
Office has failed to meet its burden because the evidence of record establishes that no
confusion has occurred or is likely to occur between the applied-for mark and the mark
shown in U.S. Registration No. 1,922,866.
The Application here at issue should be allowed to register because the mark
TRACOE APEX is not similar to the mark APEX in U.S. Registration No. 1,922,866.
Upon first glance, it is readily apparent that the goods used in connection with
Applicant’s TRACOE APEX mark, as amended, are not similar to the goods used in
connection with U.S. Registration No. 1,922,866 and that the mark TRACOE APEX is
not similar to the mark APEX in sight, sound, meaning, or commercial impression.
Moreover, in view of relevant and competitive unchecked third party use, the TRACOE
APEX mark cannot be an indication of source that leads to confusion with APEX mark
shown in U.S. Registration No. 1,922,866. Further to this end, Applicant submits that its
customers, as well as the customers of the Cited Registrant are highly sophisticated
customers seeking medical equipment and supplies. Consequently, the discerning nature
of the relevant purchasing public only further delineates the likelihood of confusion
among the relevant parties. Lastly, Conmed Corporation, owner of the Cited Registration,
has agreed to provide its consent to allow Applicant to register the applied-for TRACOE
APEX mark, an agreement which will be produced in the coming days. In consideration
6
of all of the above, it would be a miscarriage of justice to deny registration of Applicant’s
TRACOE APEX mark in light of Registrant’s U.S. Registration No. 1,922,866.
Denying registration of Applicant’s mark is improper because consumers are not
likely to be confused that Applicant’s products originate from the Cited Registrant or
vice-versa. The Trademark Act precludes registration of a mark if the mark resembles
another registered or used mark such that use of the mark is likely “when used on or in
connection with the goods of the Registrant, to cause confusion, or to cause mistake, or to
deceive.” 15 U.S.C. § 1052(d). The Trademark Office determines the likelihood of
confusion on a case-by-case basis applying the factors set out in In re E.I. DuPont
DeNemours & Co., 476 F.2d 1357, 1361, 77 U.S.P.Q. (BNA) 563, 567 (C.C.P.A. 1973).
The relevant factors in this case include:
1. The relatedness of the goods used in connection with the marks here at issue;
2. The similarity or dissimilarity of the marks in their entireties as to appearance,
sound, connotation, and commercial impression;
3. The strength of the Cited Registration;
4. The number and nature of similar marks in use on similar goods; and
5. The sophistication of the relevant consuming public.
In re E.I. DuPont de Nemours & Co., 476 F.2d 1357, 177 USPQ 563 (CCPA 1973). Not
every DuPont factor must be considered. Han Beauty, Inc. v. Albert-Culver Co., 236 F.3d
1333, 1336, 57 U.S.P.Q.2d (BNA) 1577, 1559 (Fed. Cir. 2001) (“While it must consider
each factor for which it has evidence, the Board may focus its analysis on dispositive
factors, such as similarity of the marks and relatedness of goods.”). Yet, some factors
may be dispositive by themselves, such as the differences as between the marks and the
number and nature of similar marks in use on similar goods. As demonstrated below,
7
applying these factors to the facts at hand compels the conclusion that registration is
appropriate because no confusion is likely.
A. APPLICANT HAS AMENDED ITS IDENTIFICATION OF GOODS
SUCH THAT THERE IS NO OPPORTUNITY FOR CONFUSION AS
BETWEEN APPLICANT AND THE CITED REGISTRANT.
As noted in the first section of Applicant’s Appeal Brief, Applicant has amended
its identification of goods as to the goods included in Class 10. In particular, Applicant
has expressly limited its Class 10 goods to make clear that it neither offers nor sells
medical or surgical instruments, including, specifically, arthroscopic devices and parts
and accessories therefor in connection with its mark. The Cited Registrant’s Class 10
goods, which have been cited as against the Application, are solely comprised of
“medical and surgical instruments, namely, arthroscopic devices and parts and
accessories therefor.” Thus, in amending its identification of Class 10 goods to make
clear that Applicant in no way uses its mark in connection with the very goods used in
connection with Registrant’s mark, Applicant has dispelled any opportunity by which
consumers could mistake Applicant’s goods as emanating from the same source as the
goods sold by the Cited Registrant under its APEX mark shown in U.S. Registration No.
1,922,866. As such, Applicant has ensured that consumers will not believe that the
arthroscopic devices and parts and accessories therefor deriving from Registrant are
related to the Class 10 goods sold by Applicant.
B. APPLICANT’S TRACOE APEX MARK IS NOT SIMILAR IN SIGHT,
SOUND, MEANING, OR COMMECIAL IMPRESSION TO
REGISTRANT’S APEX MARK.
Similarity of marks is determined by comparing the marks in sight, sound,
meaning, and commercial impression. Specialty Brands, Inc. v. Coffee Bean Distribs.,
8
Inc., 223 U.S.P.Q. 1281, 1283 (Fed. Cir. 1984). The Board has on several occasions
found the dissimilarity of two marks to be a single dispositive DuPont factor in
evaluating a likelihood of confusion. See Shen Mfg. Co., Inc. v. The Ritz Hotel Ltd., 393
F.3d 1238, 1242, 73 U.S.P.Q.2d (BNA) 1350, 1353 (Fed. Cir. 2004) (the dissimilarity of
the marks RITZ for bathroom towels and PUTTING ON THE RITZ for shower curtains
required that the opposition proceedings be dismissed); Champagne Louis Roederer v.
Delicato Vineyards, 148 F.3d 1373, 1375, 47 U.S.P.Q.2d (BNA) 1459, 1460 (Fed. Cir.
1998) (affirming Board’s sole reliance on the dissimilarity of CRISTAL and CRYSTAL
CREEK to hold that no likelihood of confusion existed). Considering Applicant’s
deployment of the house mark TRACOE in connection with its TRACOE APEX mark,
and in examining the differences between the mark TRACEO APEX and TRACOE, the
Trademark Office should similarly conclude that Applicant’s TRACOE APEX mark is
unlikely to cause confusion with Registrant’s APEX mark.
1. USE OF THE HOUSE MARK TRACOE DEMONSTRATES A
MARKED DIFFERECE BETWEEN APPLICANT’S TRACOE
APEX MARK AND REGISTRANT’S TRACOE MARK.
Applicant’s TRACOE APEX mark most obviously differs from the Cited
Registration in its deployment of the wording TRACOE. Use of the term TRACOE is not
only the first term in Applicant’s TRACOE APEX mark, but it is the dominant element.
Since at least as early as 1987, Applicant has used its TRACOE house mark in
connection with the sale and manufacture of tracheotomy devices and apparatus. In
conjunction with this longstanding use, Applicant has registered a family of TRACOE
and TRACOE variant marks, denoting its ownership of the brand TRACOE and all brand
9
extensions incorporating the term TRACOE. For example, Applicant owns the following
U.S. registrations and published marks containing the term TRACOE:
Mark/Name/AN
/RN
Status/Status
Date
Full Goods/Services Owner Information
TRACOE
RN: 2117376
SN: 75072311
Renewed
December 2,
2017
(Int'l Class: 10)
medical equipment for
diagnostic and
therapeutic purposes,
namely, tracheostomy
tubes, and accessories
therefor, namely, elastic
positioning ribbons,
distance holder clips,
mucous collecting
devices, cannula,
absorbent compresses
and pads, and
tracheostoma protective
pads
Tracoe Medical GmbH
(Germany Limited
Liability Company)
Reichelsheimer Str. 1/3
Nieder-Olm 55268
Germany
TRACOE H2O
CUFF (Stylized)
SN: 87493412
Allowed - Intent
to Use
Statement of
Use - Non-Final
Refusal Mailed
April 17, 2019
(Int'l Class: 10)
Medical apparatus and
instruments, namely,
cannulas in combination
with tracheotomy tubes
for tracheotomy and
medical equipment for
diagnostic or
therapeutic purposes
which allow setting and
control of pressure;
surgical apparatus and
instruments for medical
use; cannulas;
endotracheal tubes;
tracheotomy tubes;
tubing and attachments
for use with cannulas;
stoma seals; medical
aids for use in stoma
care, namely, sensors
for stoma bags, stoma
Tracoe Medical GmbH
(Germany Gesellschaft
Mit Beschränkter
Haftung (Gmbh))
Reichelsheimer Str. 1/3
55268 Nieder-Olm
Germany
10
Mark/Name/AN
/RN
Status/Status
Date
Full Goods/Services Owner Information
caps; medical
instruments for
percutaneous
tracheostomy; pressure
monitors for medical
use; medical
instruments for
diagnostics,
examinations and
monitoring, namely,
medical diagnostic
instruments for the
analysis of body fluids,
medical instruments for
cardiovascular
diagnostics
TRACOE
HUMIDASSIST
RN: 2905441
SN: 76179730
Renewed
November 30,
2014
(Int'l Class: 05)
Cancelled - Sec. 8
[substances for the
disinfection and
sterilization of medical-
technical devices]
(Int'l Class: 10)
medical-technical
devices, namely, heat
and moisture
exchangers for
tracheotomy; canules,
tubes and adhesive
carriers; tracheal
canules; canules for
anesthetics with
receptacles; tracheal
prostheses; [surgical
instruments used for
tracheotomies, namely,
for emergency
tracheotomies; medical
life-saving devices,
namely, scalpels and
dilators in combination
with tracheotomy tubes
Tracoe Medical GmbH
(Germany Limited
Liability Company)
Reichelsheimer Str. 1/3
Nieder-Olm 55268
Germany
11
Mark/Name/AN
/RN
Status/Status
Date
Full Goods/Services Owner Information
for tracheotomy;
devices, namely,
sterilization and
disinfection units for the
chemical disinfection
and sterilization of
medical-technical
devices;] speaking
canules [; stomabuttons]
TRACOE
PHONASSIST
RN: 2863972
SN: 76179729
Renewed July
20, 2014
(Int'l Class: 05)
Cancelled - Sec. 8
[substances for the
disinfection and
sterilization of medical-
technical devices]
(Int'l Class: 10)
medical-technical
devices, namely, voice
valves; tracheal canules;
canules for anesthetics
with receptacles;
tracheal prostheses;
[surgical instruments
used for tracheotomies,
namely, for emergency
tracheotomies; medical
life-saving devices,
namely, scalpels and
dilators in combination
with tracheotomy tubes
for tracheotomy;
devices, namely,
sterilization and
disinfection units for the
chemical disinfection
and sterilization of
medical-technical
devices; ]speaking
canules[ ; stomabuttons]
Tracoe Medical GmbH
(Germany Limited
Liability Company)
Reichsforstrasse 32
Frankfort Am Main
Germany
TRACOE Registered (Int'l Class: 10) Tracoe Medical GmbH
12
Mark/Name/AN
/RN
Status/Status
Date
Full Goods/Services Owner Information
SILCOSOFT
RN: 5337590
SN: 79200939
November 21,
2017
medical apparatus and
instruments, namely,
dialators in combination
with tracheotomy tubes
for tracheotomy and
medical equipment for
diagnostic or
therapeutic purposes
which allow setting and
control of pressure;
surgical apparatus and
instruments for medical
use; cannulas;
endotracheal tubes;
tracheotomy tubes;
tubing and attachments
for use with cannulas;
stoma seals; medical
aids for use in stoma
care, namely, sensors
for stoma bags, stoma
caps; surgical and
wound treating
equipment, namely,
suture materials, wound
suction apparatus,
wound drainage
apparatus, medical
devices for closing
wounds; medical
instruments for
percutaneous
tracheostomy; pressure
monitors for medical
use; medical
instruments for
diagnostics,
examinations and
monitoring, namely,
medical diagnostic
instruments for the
analysis of body fluids,
medical instruments for
(Germany Limited
Liability Company)
Reichelsheimer Str. 1
Nieder-Olm 55268
Germany
13
Mark/Name/AN
/RN
Status/Status
Date
Full Goods/Services Owner Information
cardiovascular
diagnostics
TRACOE
SMART
RN: 4911702
SN: 85571556
Registered
March 8, 2016
(Int'l Class: 10)
technical medical
equipment for
diagnostic or
therapeutic purposes,
namely, tracheostomy
tubes and endotracheal
tubes with high
precision and medical
devices, which allow
setting and control of
pressure in low pressure
cuffs of tracheostomy;
cannulae, in particular
tracheotomy tubes,
cannulae for anesthetics
and collection cups;
speech cannulae
Tracoe Medical GmbH
(Germany Corp.)
Reichelsheimer Str. 1/3
Nieder-Olm 55268
Germany
See Exhibit A, TESS printouts.
Customers of Applicant are familiar with Applicant and its goods, and they
recognize the house mark TRACOE as that of Applicant. Indeed, upon seeing the mark
TRACOE APEX, customers and potential customers are most likely to associate the
mark with Applicant, Tracoe Medical GmbH, as opposed to the Cited Registrant, who is
an unrelated third party using the dissimilar mark APEX.
2. THE TRADEMARK OFFICE HAS IMPROPERLY COMPARED
APPLICANT’S TRACOE APEX MARK AND REGISTRANT’S
TRACOE MARK ONLY AS TO THE TERM TRACOE.
The Trademark Office concludes that Applicant’s mark, TRACOE APEX, and
Registrant’s APEX mark are similar in overall appearance, sound, and meaning because
the marks contain alike terms – APEX. Applicant, however, disagrees with this
14
conclusion, as Applicant’s mark and Registrant’s mark differ in appearance, sound, and
meaning. The mark TRACOE APEX creates a distinct commercial impression from
Registrant’s mark, and therefore, does not result in the marks being confusingly similar.
The applied-for mark’s inclusion of the term TRACOE in the mark TRACOE
APEX creates a significantly different impression than the term APEX alone. Marks must
be considered in their entireties when determining whether there is a likelihood of
confusion. Estate of P.D. Beckwith, Inc., v. Commissioner of Patents, 252 U.S. 538, 545-46,
40 S. Ct. 414, 64 L. Ed. 705 (1920) (“The commercial impression of a trade-mark is derived
from it as a whole, not from its elements separated and considered in detail. For this reason
it should be considered in its entirety ….”). A mark should not be dissected or split up into
its component parts and each part then compared with corresponding parts of the conflicting
mark to determine the likelihood of confusion. McCarthy on Trademarks and Unfair
Competition § 23:41 (4th ed.). It is the impression that the mark as a whole creates on the
average reasonably prudent buyer and not the parts thereof, that is important. Id. As the
Supreme Court observed: “The commercial impression of a trademark is derived from it as a
whole, not from its elements separated and considered in detail. For this reason it should be
considered in its entirety.” Estate of P. D. Beckwith, Inc., 252 U.S. at 545–46. Thus, as
Judge Newman has observed: “It is incorrect to compare marks by eliminating portions
thereof and then simply comparing the residue.” China Healthways Institute, Inc. v. Wang,
491 F.3d 1337, 83 U.S.P.Q.2d 1123 (Fed. Cir. 2007), cert. denied, 128 S. Ct. 661 (2007)
(reversing the Board's finding of no likely confusion between CHI and design and CHI
PLUS for competing electric massagers because the Board downplayed the importance of
the Chinese word “chi”). The applied-for mark’s inclusion of the term TRACOE in the mark
15
TRACOE APEX creates a significantly different impression than the term APEX alone. In
comparing the marks only as to the terms APEX, the Trademark Office has drawn improper
conclusions regarding the likelihood of confusion as between them.
The Trademark Office has also overlooked the fact that the employment of the term
TRACOE in Applicant’s TRACOE APEX mark suggests something completely different to
consumers than that suggested by the Registrant’s APEX-only mark. If two conflicting
marks each have an aura of suggestion, but each suggests something different to the buyer,
this tends to indicate a lack of a likelihood of confusion. McCarthy on Trademarks and
Unfair Competition § 23:28 (4th ed.). Applicant’s inclusion of the phrase TRACOE conveys
the impression of something entirely separable from Registrant’s mark. Namely, use of the
term TRACOE indicates that the associated goods in Class 10 involve goods that relate to
the “trachea organ, colloquially called the windpipe.” This cartilaginous tube “connects the
pharynx and larynx to the lungs, and allows the passage of air in almost all breathing
animals with lungs.” See Exhibit B. This makes sense, as Applicant’s goods include various
medical products that may be used in applications where tracheal structures have been
damaged or in connection with individuals who are being treated for breathing illness. Use
of the term TRACOE is therefore suggestive of the trachea organ and underscores the
unique applications for which Applicant’s goods may be use and thereby acts as a primary
way in which consumers can separate Applicant’s mark from Registrant’s mark. Upon
establishing this fact, then, it should be foreseeable that the term TRACOE is a key feature
of Applicant’s mark and will have a lasting impression on the minds of consumers looking
to purchase Applicant’s goods. Nowhere in Registrant’s mark is this term present, rather, the
mark uses only the term APEX, which alone has no clear meaning but may be used in
16
reference to a number of things ranging from “a narrowed or pointed end” to a “sharp
curvature in a path.” See Exhibit C. In any case, the mark TRACOE APEX is significantly
different in appearance, sound, meaning, and commercial impression than the term APEX
alone. Given this fact, and the fact that Applicant’s mark and Registrant’s mark are further
separated given the divergent goods in which their marks are used in connection with, it is
clear that a likelihood of confusion between the marks is unlikely.
Further to all of the above, it should also be noted that Applicant’s mark is displayed
in a unique manner, and therefore, likely to be processed with greater care by the relevant
consuming public, as it is presented in a far more fanciful way than if otherwise presented
with no such detailing. Conversely, the mark APEX in U.S. Registration No. 1,922,866 is
presented with no such variation. Registrant and Applicant’s respective marks are
presented to consumers as follows:
APPLICANT’S MARK REGISTRANT’S
MARK
APPEARANCE
TRACOE apex APEX
SOUND
Tray-co-ayy-pex Ayy-pex
MEANING/COMMERCIAL
IMPRESSION
Goods emanating from
Tracoe Medica GmbH; goods
related to the tracheal organ
No clear meaning;
narrow or pointed end;
sharp curvature in a
path; one of a sea of
APEX and APEX
variant marks
As is clear, Applicant’s mark is distinguishable based on its large capital lettering used for
the term TRACOE, with spacing between, and then immediate placement of the term APEX
in all lowercase lettering – e.g., “TRACOE apex.” Consumers of Applicant’s medical
17
equipment and associated goods are sophisticated consumers seeking specialized medical
products, and therefore, are likely to notice these far from subtle differences in the
presentation of the marks here at issue. This is only further buttressed by the fact that the
marks are not identical and that the emphasis on Applicant’s mark is clearly on the larger,
more noticeable term TRACOE. As such, the presentation of Applicant’s mark should be
granted credence as a demarcation between the applied-for mark and the mark shown in
U.S. Registration No. 1,922,866.
The Trademark Office’s attempt to conclude the marks at issue are similar
because the marks use the same term - APEX - fails to demonstrate a likelihood of
confusion. Because the marks are distinct and easily distinguishable, no likelihood of
confusion should be found. Not only does the Trademark Office rely on a single word in
Applicant’s mark, it compares dissimilar wording sequences, ignores that Applicant’s
house mark – TRACOE – is both the first and dominant element of Applicant’s mark,
and overlooks the visual and typographical differences between the marks at issue. Such
dissection and wishful comparison is not consistent with how consumers perceive marks
and is not persuasive. Indisputably, the mark “TRACOE apex” is visually and audibly
distinct from the mark TRACOE. No amount of alleged similarity of underlying goods
can erase the lack of visual and audible similarity between these marks.
C. SIGNIFICANT THIRD PARTY USE OF TRADEMARKS INCLUDING
THE TERM APEX FOR USE IN CONNECTION WITH MEDICAL
INSTRUMENTS AND DEVICES EXEMPLIFIES A CROWDED
MARKET.
The medical instrument and device industry is extremely crowded with a myriad
of trademarks incorporating the term APEX. This demonstrates that medical and device
industry brands commonly coexist with very similar names, and consumers are
18
conditioned to distinguish between them even when minor differences differentiate each
brand. Here, the regular coexistence of marks with identical components for these goods
underscores the differences in the commercial impressions conveyed by each mark.
Third-party registrations may be relevant to show the sense in which a mark is
used in ordinary parlance; that is, an element common to both parties' marks may have a
normally understood and well-recognized descriptive or suggestive meaning, leading to
the conclusion that that segment is inherently relatively weak. Jack Wolfskin Ausrustung
Fur Draussen GmbH & Co. KGAA v. New Millennium Sports, S.L.U., 797 F.3d 1363,
116 USPQ2d 1129, 1136 (Fed. Cir. 2015); see also In re Morinaga Nyugyo Kabushiki
Kaisha, 120 USPQ2d 1738, 1745 (TTAB 2016) ("[T]hird party registrations are relevant
evidence of the inherent or conceptual strength of a mark or term because they are
probative of how terms are used in connection with the goods or services identified in the
registrations."). In addition, evidence of third-party use of similar marks on similar goods
can show that customers have been educated to distinguish between different marks on
the basis of minute distinctions. Jack Wolfskin, 116 USPQ2d at 1136 (quoting Juice
Generation, Inc. v. GS Enters. LLC, 794 F.3d 1334, 115 USPQ2d 1671, 1674 (Fed. Cir.
2015)).
There are numerous precedents in which the Board and the courts have found
confusion to be unlikely where the only element in common was one single term –
whether a descriptive or suggestive word. See, for example, Keebler Co. v. Murray
Bakery Prods., Inc., 866 F.2d 1386, 9 U.S.P.Q.2d (BNA) 1736 (Fed. Cir. 1989) (PECAN
SHORTEES vs. PECAN SANDIES); Kellogg Co. v. Pack 'Em Enterprises, Inc., 951
F.2d 330, 21 U.S.P.Q.2d (BNA) 1142 (Fed. Cir. 1991) (FROOTEE ICE vs. FROOT
19
LOOPS); General Mills, Inc. v. Health Valley Foods, 24 U.S.P.Q.2d (BNA) 1270 (TTAB
1992) (FIBER ONE vs. FIBER 7 FLAKES; Nutri/Sys., Inc. v. Con-Stan Indus., Inc., 809
F.2d 601, 1 U.S.P.Q.2d (BNA) 1809 (9th Cir. 1987) (NUTRI/SYSTEM vs. NUTRI-
TRIM); Sears Mortgage Corp. v. Northeast Savings F.A., 24 U.S.P.Q.2d (BNA) 1227
(TTAB 1992) (APPROVAL PLUS vs. APPROVAL FIRST); Burns Philp Food, Inc. v.
Modern Prods., Inc., 24 U.S.P.Q.2d (BNA) 1157 (TTAB 1992) (SPICE ISLAND vs.
SPICE GARDEN and design); and Stouffer Corp. v. Health Valley Natural Foods Inc., 1
U.S.P.Q.2d (BNA) 1900 (TTAB 1986) (LEAN CUISINE vs. LEAN LIVING).
Moreover, use by numerous third parties in a market reduces the individual
distinctiveness of similar marks and makes confusion unlikely. See General Mills, Inc.,
24 U.S.P.Q.2d at 1277 (the field of “FIBER” composite marks for foods is crowded, such
that there is no likely confusion between FIBER ONE and FIBER 7 FLAKES for both
breakfast cereals high in fiber). Third party use in commerce conditions consumers to
expect different sources for different goods or services under a commonly used mark.
Nat’l Cable Television Ass’n v. Am. Cinema Editors, Inc., 937 F.2d 1572, 1579, 19
U.S.P.Q.2d (BNA) 1424, 1430 (Fed. Cir. 1991) (noting that terms such as PREMIUM,
SUN, BLUE RIBBON, NATIONAL, GIANT, or AMERICAN are commonly used on
numerous types of related goods and services, and are thus “weak” terms.) Consumers
will distinguish between the weak marks on similar goods “on the basis of minute
distinctions.” Standard Brands, Inc. v. RJR Foods, Inc., 192 U.S.P.Q. (BNA) 383, 385-
386 (TTAB 1976). However, actual use by third parties must be shown. Palm Bay
20
Imports, Inc. v. Veuve Clicquot Ponsardin Maison Fondee En 1772, 396 F.3d 1369,
1373, 73 U.S.P.Q.2d (BNA) 1689, 1693 (Fed. Cir. 2005) (“The probative value of third-
party trademarks depends entirely upon their usage.”).
In this case, initially, the Trademark Office cited to a total of seven (7)
registrations for the mark APEX used in connection with medical instruments and
devices, namely, U.S. Registration Nos. 1,922,866, 1,934,197, 2,065,134, 2,399,854,
2,505,277, 2,792,216, 4,394,657, and 4,523,338. Applicant has further identified the
existence of countless other registrations comprised of the term APEX, in whole or in
part, likewise for use in connection with medical instruments and devices. See Exhibit D.
Consequently, it appears to be the position of the USPTO to allow such medical
instrument and device related marks using the term APEX to peacefully coexist in the
marketplace and on the Federal Register with only slight differences in the marks or the
associated goods. Therefore, each mark is entitled to a relatively narrow scope of
protection, and that small differences between the marks, the goods, or the channels of
trade through which they travel are sufficient to avoid creating a likelihood of confusion.
Obviously, if the Trademark Office allows the peaceful coexistence of these marks, logic
must dictate that Applicant’s TRACOE APEX mark can likewise coexist without
confusion with U.S. Registration No. 1,922,866, based on the differences between the
marks and the goods offered in connection therewith.
D. APPLICANT AND REGISTRANT’S CUSTOMERS ARE HIGHLY
SOPHISTICATED AND UNLIKELY TO CONFUSE APPLICANT AND
REGISTRANT OR THE GOODS OF THE RESPECTIVE PARTIES.
Applicant’s mark is associated with apparatus and devices used during
tracheotomy procedures. Applicant’s customers are surgeons and medical purchasing
21
groups. These customers are very sophisticated, very discerning, and are aware of
differences between medical devices used for different specific procedures. Purchases of
medical devices and apparatus are typically made for a specific product used for a
specific purpose. It is highly unlikely, for example, that a surgeon or medical purchasing
group would confuse the mark APEX as associated with arthroscopic medical
instruments and devices with the mark TRACOE APEX, as used in association with
tracheotomy instruments and devices. A physician looking to purchase medical devices
for arthroscopic medical goods would be doing so under vastly different conditions than a
physician looking to purchase tracheotomy goods. Furthermore, the discerning nature of
the medical community is highlighted by the ability of all of the third party APEX marks
to co-exist with one another, given minimal differences between the respective goods. As
noted above, not one of the third party APEX registrations is associated with tracheotomy
goods or apparatus. In view of the sophisticated nature of the consumers, Applicant
respectfully submits that its TRACOE APEX mark is simply not likely to cause
confusion with the Cited Registration.
E. REGISTRANT HAS AGREED TO PROVIDE ITS CONSENT TO
APPLICANT TO REGISTER THE APPLIED-FOR TRACOE APEX
MARK.
As of today’s date, March 27, 2020, Conmed Corporation, owner of U.S.
Registration No. 1,922,866, has agreed to consent to Applicant’s registration of the
applied-for TRACOE APEX mark. In the coming days, Applicant will produce an
agreement memorializing the terms of said consent in support Applicant’s Appeal Brief.
22
IV. CONCLUSION
Rejection of the application is inappropriate where confusion is unlikely. In this
case, confusion between Applicant’s TRACOE APEX mark and Registrant’s APEX
mark is unlikely. The marks are not similar. Registrant does not have rights in the term
APEX that are significant enough to preclude Applicant from using it in its TRACOE
APEX mark. The parties’ marks are too dissimilar from each other in appearance, sound,
meaning, and commercial impression to create a likelihood of confusion, the goods used
in connection with the marks are not similar, and third party use has diluted what the
Trademark Office contends is the distinctive portion of Registrant’s mark. Further to this
end, and in support of registration of the Application, the Cited Registrant has agreed to
consent to registration of the Application. Therefore, under the Du Pont analysis,
confusion is clearly unlikely, and Application should be allowed to register.
By this Appeal Brief, Applicant has addressed the outstanding refusal raised by
the Office. Applicant respectfully requests that the Trademark Office accept an
agreement setting forth the Cited Registrant’s agreement to permit registration of the
Application in the coming days and that the Examining Attorney’s refusal be reversed
and the Application be approved for publication at an early date.
Respectfully Submitted,
TRACOE MEDICAL GMBH
By its Attorneys,
Date: April 20, 2020 s/Lindsay M.R. Jones
Andrew S. Ehard
Lindsay M.R. Jones
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4809:wl8pyj.2.1 1/2
United States Patent and Trademark Office
Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
Trademarks > Trademark Electronic Search System (TESS)
TESS was last updated on Wed Jun 26 05:22:28 EDT 2019
Logout Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
( Use the "Back" button of the Internet Browser to return toTESS)
Word Mark TRACOEGoods andServices
IC 010. US 026 039 044. G & S: medical equipment for diagnostic and therapeutic purposes, namely, tracheostomytubes, and accessories therefor, namely, elastic positioning ribbons, distance holder clips, mucous collectingdevices, cannula, absorbent compresses and pads, and tracheostoma protective pads. FIRST USE: 19870000.FIRST USE IN COMMERCE: 19870000
MarkDrawingCode
(1) TYPED DRAWING
SerialNumber 75072311
Filing Date March 12, 1996CurrentBasis 1A
OriginalFiling Basis 1A
PublishedforOpposition
September 9, 1997
RegistrationNumber 2117376
RegistrationDate December 2, 1997
Owner (REGISTRANT) TRACOE Gesellschaft fur medizinische Bedarfsgegenstande mbH LIMITED LIABILITY COMPANYGERMAN DEM REP Reichsforstsrasse 32 60528 Frankfurt am Main GERMAN DEM REP
(LAST LISTED OWNER) TRACOE MEDICAL GMBH LIMITED LIABILITY COMPANY BY CHANGE OF NAME FEDREP GERMANY Reichelsheimer Str. 1/3 Nieder-Olm FED REP GERMANY 55268
AssignmentRecorded ASSIGNMENT RECORDED
Attorney ofRecord Andrew S. Ehard
Type ofMark TRADEMARK
Register PRINCIPALAffidavitText SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20171222.
Renewal 2ND RENEWAL 20171222
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4809:wl8pyj.2.1 2/2
Live/DeadIndicator
LIVE
|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4809:wl8pyj.3.1 1/2
United States Patent and Trademark Office
Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
Trademarks > Trademark Electronic Search System (TESS)
TESS was last updated on Wed Jun 26 05:22:28 EDT 2019
Logout Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
( Use the "Back" button of the Internet Browser to return toTESS)
Word Mark TRACOE H2O CUFFGoods andServices
IC 010. US 026 039 044. G & S: Medical apparatus and instruments, namely, cannulas in combination withtracheotomy tubes for tracheotomy and medical equipment for diagnostic or therapeutic purposes which allowsetting and control of pressure; surgical apparatus and instruments for medical use; cannulas; endotracheal tubes;tracheotomy tubes; tubing and attachments for use with cannulas; stoma seals; medical aids for use in stoma care,namely, sensors for stoma bags, stoma caps; medical instruments for percutaneous tracheostomy; pressuremonitors for medical use; medical instruments for diagnostics, examinations and monitoring, namely, medicaldiagnostic instruments for the analysis of body fluids, medical instruments for cardiovascular diagnostics. FIRSTUSE: 20180100. FIRST USE IN COMMERCE: 20180100
MarkDrawingCode
(5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM
SerialNumber 87493412
Filing Date June 16, 2017CurrentBasis 1B
OriginalFilingBasis
1B
PublishedforOpposition
December 19, 2017
Owner (APPLICANT) TRACOE medical GmbH gesellschaft mit beschränkter haftung (gmbh) FED REP GERMANYReichelsheimer Str. 1/3 55268 Nieder-Olm FED REP GERMANY
Attorney ofRecord Andrew S. Ehard
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "H20 CUFF" APART FROM THE MARK AS SHOWNDescriptionof Mark
Color is not claimed as a feature of the mark. The mark consists of "TRACOE H2O Cuff" -- the "2" is slightly belowthe rest of the text.
Type ofMark TRADEMARK
Register PRINCIPALLive/DeadIndicator LIVE
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4809:wl8pyj.3.1 2/2
|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4809:wl8pyj.4.1 1/2
United States Patent and Trademark Office
Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
Trademarks > Trademark Electronic Search System (TESS)
TESS was last updated on Wed Jun 26 05:22:28 EDT 2019
Logout Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
( Use the "Back" button of the Internet Browser to return toTESS)
Word Mark TRACOE HUMIDASSISTGoods andServices
(CANCELLED) IC 005. US 006 018 044 046 051 052. G & S: [Substances for the disinfection and sterilization ofmedical-technical devices]
IC 010. US 026 039 044. G & S: Medical-technical devices, namely, heat and moisture exchangers fortracheotomy; canules, tubes and adhesive carriers; tracheal canules; canules for anesthetics with receptacles;tracheal prostheses; [surgical instruments used for tracheotomies, namely, for emergency tracheotomies; medicallife-saving devices, namely, scalpels and dilators in combination with tracheotomy tubes for tracheotomy; devices,namely, sterilization and disinfection units for the chemical disinfection and sterilization of medical-technicaldevices;] speaking canules [; stomabuttons]
MarkDrawingCode
(1) TYPED DRAWING
SerialNumber 76179730
Filing Date December 12, 2000CurrentBasis 44E
OriginalFiling Basis 1B;44D
Published forOpposition September 7, 2004
Change InRegistration CHANGE IN REGISTRATION HAS OCCURRED
RegistrationNumber 2905441
RegistrationDate November 30, 2004
Owner (REGISTRANT) TRACOE MEDICAL GMBH LIMITED LIABILITY COMPANY FED REP GERMANYReichelsheimer Str. 1/3 Nieder-Olm FED REP GERMANY 55268
AssignmentRecorded ASSIGNMENT RECORDED
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4809:wl8pyj.4.1 2/2
Attorney ofRecord Andrew S. Ehard
Priority Date August 15, 2000PriorRegistrations 2117376
Type of Mark TRADEMARKRegister PRINCIPALAffidavit Text SECT 15. PARTIAL SECT 8 (6-YR). SECTION 8(10-YR) 20140610.Renewal 1ST RENEWAL 20140610Live/DeadIndicator LIVE
|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4809:wl8pyj.5.1 1/2
United States Patent and Trademark Office
Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
Trademarks > Trademark Electronic Search System (TESS)
TESS was last updated on Wed Jun 26 05:22:28 EDT 2019
Logout Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
( Use the "Back" button of the Internet Browser to return toTESS)
Word Mark TRACOE PHONASSISTGoods andServices
(CANCELLED) IC 005. US 006 018 044 046 051 052. G & S: [SUBSTANCES FOR THE DISINFECTION ANDSTERILIZATION OF MEDICAL-TECHNICAL DEVICES]
IC 010. US 026 039 044. G & S: Medical-technical devices, namely, voice valves; tracheal canules; canules foranesthetics with receptacles; tracheal prostheses; [surgical instruments used for tracheotomies, namely, foremergency tracheotomies; medical life-saving devices, namely, scalpels and dilators in combination withtracheotomy tubes for tracheotomy; devices, namely, sterilization and disinfection units for the chemicaldisinfection and sterilization of medical-technical devices; ]speaking canules[ ; stomabuttons]
MarkDrawingCode
(1) TYPED DRAWING
SerialNumber 76179729
Filing Date December 12, 2000CurrentBasis 44E
OriginalFiling Basis 1B;44D
Published forOpposition April 27, 2004
Change InRegistration CHANGE IN REGISTRATION HAS OCCURRED
RegistrationNumber 2863972
RegistrationDate July 20, 2004
Owner (REGISTRANT) TRACOE MEDICAL GMBH LIMITED LIABILITY COMPANY FED REP GERMANYReichelsheimer Str. 1/3 Nieder-Olm FED REP GERMANY 55268
AssignmentRecorded ASSIGNMENT RECORDED
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4809:wl8pyj.5.1 2/2
Attorney ofRecord
Andrew S. Ehard
Priority Date August 15, 2000PriorRegistrations 2117376
Type of Mark TRADEMARKRegister PRINCIPALAffidavit Text SECT 15. PARTIAL SECT 8 (6-YR). SECTION 8(10-YR) 20140610.Renewal 1ST RENEWAL 20140610Live/DeadIndicator LIVE
|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4809:wl8pyj.6.1 1/2
United States Patent and Trademark Office
Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
Trademarks > Trademark Electronic Search System (TESS)
TESS was last updated on Wed Jun 26 05:22:28 EDT 2019
Logout Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
( Use the "Back" button of the Internet Browser to return toTESS)
Word Mark TRACOE SILCOSOFTGoods andServices
IC 010. US 026 039 044. G & S: Medical apparatus and instruments, namely, dialators in combination withtracheotomy tubes for tracheotomy and medical equipment for diagnostic or therapeutic purposes which allow settingand control of pressure; surgical apparatus and instruments for medical use; cannulas; endotracheal tubes;tracheotomy tubes; tubing and attachments for use with cannulas; stoma seals; medical aids for use in stoma care,namely, sensors for stoma bags, stoma caps; surgical and wound treating equipment, namely, suture materials,wound suction apparatus, wound drainage apparatus, medical devices for closing wounds; medical instruments forpercutaneous tracheostomy; pressure monitors for medical use; medical instruments for diagnostics, examinationsand monitoring, namely, medical diagnostic instruments for the analysis of body fluids, medical instruments forcardiovascular diagnostics
StandardCharactersClaimedMarkDrawingCode
(4) STANDARD CHARACTER MARK
SerialNumber 79200939
Filing Date November 15, 2016CurrentBasis 66A
OriginalFiling Basis 66A
PublishedforOpposition
September 5, 2017
RegistrationNumber 5337590
InternationalRegistrationNumber
1329668
RegistrationDate November 21, 2017
Owner (REGISTRANT) TRACOE medical GmbH LIMITED LIABILITY COMPANY FED REP GERMANY Reichelsheimer Str.
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4809:wl8pyj.6.1 2/2
1 Nieder-Olm FED REP GERMANY 55268Attorney ofRecord Andrew S. Ehard
Priority Date May 20, 2016Type ofMark TRADEMARK
Register PRINCIPALLive/DeadIndicator LIVE
|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4809:wl8pyj.7.1 1/2
United States Patent and Trademark Office
Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
Trademarks > Trademark Electronic Search System (TESS)
TESS was last updated on Wed Jun 26 05:22:28 EDT 2019
Logout Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
( Use the "Back" button of the Internet Browser to return toTESS)
Word Mark TRACOE SMARTGoods andServices
IC 010. US 026 039 044. G & S: Technical medical equipment for diagnostic or therapeutic purposes, namely,tracheostomy tubes and endotracheal tubes with high precision and medical devices, which allow setting andcontrol of pressure in low pressure cuffs of tracheostomy; Cannulae, in particular tracheotomy tubes, cannulae foranesthetics and collection cups; Speech cannulae
StandardCharactersClaimedMarkDrawingCode
(4) STANDARD CHARACTER MARK
SerialNumber 85571556
Filing Date March 16, 2012CurrentBasis 44E
OriginalFiling Basis 1B;44D
Published forOpposition December 11, 2012
RegistrationNumber 4911702
RegistrationDate March 8, 2016
Owner (REGISTRANT) TRACOE medical GmbH CORPORATION FED REP GERMANY Reichelsheimer Str. 1/3 Nieder-Olm FED REP GERMANY 55268
Attorney ofRecord Andrew S. Ehard
Priority Date March 16, 2012PriorRegistrations 2117376;2863972;2905441
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4809:wl8pyj.7.1 2/2
Type of Mark TRADEMARKRegister PRINCIPALLive/DeadIndicator LIVE
|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
Trachea - Wikipedia
https://en.wikipedia.org/wiki/Trachea[11/22/2019 11:37:18 AM]
Trachea
Trachea
Conducting passages.
Details
Pronunciation /trəˈkiːə, ˈtreɪkɪə/[1]
Artery tracheal branches of inferior
thyroid artery
Vein brachiocephalic vein , azygos vein
accessory hemiazygos vein
Identifiers
Latin Trachea
MeSH D014132
TA A06.3.01.001
FMA 7394
Anatomical terminology
[edit on Wikidata]
From Wikipedia, the free encyclopedia
For the genus of moth, see Trachea (moth). For the cup-shaped Byzantine coins, see
Trachy (currency).
The trachea, colloquially called the windpipe, is a
cartilaginous tube that connects the pharynx and
larynx to the lungs, allowing the passage of air,
and so is present in almost all air-breathing
animals with lungs. The trachea extends from the
larynx and branches into the two primary bronchi.
At the top of the trachea the cricoid cartilage
attaches it to the larynx. This is the only complete
tracheal ring, the others being incomplete rings of
reinforcing cartilage. The trachealis muscle joins
the ends of the rings and these are joined
vertically by bands of fibrous connective tissue –
the annular ligaments of trachea. The epiglottis
closes the opening to the larynx during
swallowing.
The trachea develops in the second month of
development. It is lined with an epithelium that has
goblet cells which produce protective mucins (see
Respiratory epithelium). An inflammatory
condition, also involving the larynx and bronchi,
called croup can result in a barking cough. A
tracheotomy is often performed for ventilation in
surgical operations where needed. Intubation is
also carried out for the same reason by the
inserting of a tube into the trachea. From 2008,
operations have experimentally transplanted a
windpipe grown by stem cells, and synthetic
windpipes; however, a successful method for this
method of transplant does not currently exist and
development of such a method remains
theoretically daunting.[2][3]
The word "trachea" is used to define a very different organ in invertebrates than in vertebrates.
Insects have an open respiratory system made up of spiracles, tracheae, and tracheoles to
Article Talk Read Edit View history
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
In other projects
Wikimedia Commons
Print/export
Create a book
Download as PDF
Printable version
Languages
Deutsch
Español
Français
한국어
Italiano
РусскийTagalog
Not logged in Talk Contributions Create account Log in
Search Wikipedia Go
Trachea - Wikipedia
https://en.wikipedia.org/wiki/Trachea[11/22/2019 11:37:18 AM]
transport metabolic gases to and from tissues.
Contents [hide]
1 Structure
1.1 Position
1.2 Development
1.3 Microanatomy
2 Clinical significance
2.1 Inflammation
2.2 Intubation
2.3 Congenital disorders
2.4 Other
3 Other animals
3.1 Vertebrates
3.2 Invertebrates
4 Bioengineering and prosthesis
5 Additional images
6 References
7 External links
Structure [edit]
An adult's trachea has an inner diameter of about
1.5 to 2 centimetres (0.59 to 0.79 in) and a length of
about 10 to 11 centimetres (3.9 to 4.3 in); wider in
males than females.[4] It begins at the bottom of the
larynx, and ends at the carina, the point where the
trachea branches into left and right main
bronchi.[4]The trachea is surrounded by 16-20 rings
of hyaline cartilage; these 'rings' are incomplete and
C-shaped.[4]
Position [edit]
It begins at the bottom of the larynx, and ends at the
carina, the point where the trachea branches into left
and right main bronchi.[4] The trachea begins level
with the sixth cervical vertebra (C6) and the carina is found at the level of the sixth thoracic
vertebra (T6),[4]opposite the sternal angle and can be positioned up to two vertebrae lower or
higher, depending on breathing.
The trachea passes by many structures of the neck and thorax along its course. In front of the
upper trachea lies connective tissue and skin.[4]Several other structures pass or sit over it; the
jugular arch, which joins the two anterior jugular veins, sits in front of the upper part of the
trachea. The sternohyoid and sternothyroid muscles stretch along its length, and the thyroid
gland sits below this; with the isthmus of the gland overlying the second to fourth rings, with the
lobes of the thyroid stretching to the level of the fifth or sixth cartilage.[4]The vessels of the
Edit links
Tiếng Việt
中文
79 more79 more
Trachea - Wikipedia
https://en.wikipedia.org/wiki/Trachea[11/22/2019 11:37:18 AM]
thyroid sit adjacent to the thyroid isthmus on the tracheal; the superior thyroid arteries join just
above it, and the inferior thyroid veins below it.[4]In front of the lower trachea lies the manubrium
of the sternum, the remnants of the thymus in adults; to the front left the large blood vessels the
aortic arch and its branches the left common carotid artery and the brachiocephalic trunk; and
the left brachiocephalic vein. The deep cardiac plexus and lymph nodes are also positioned in
front of the lower trachea.[4]
Behind the trachea, along its length, sits the oesophagus, followed by connective tissue and the
vertebral column.[4]To its sides run the carotid arteries and inferior thyroid arteries; and to its
sides on its back surface run the recurrent laryngeal nerves in the upper trachea, and the vagus
nerves in the lower trachea.[4]
The trachealis muscle connects the ends of the incomplete rings and contracts during coughing,
reducing the size of the lumen of the trachea to increase the rate of air flow.[5] The esophagus
lies posteriorly to the trachea, adjoining along the tracheoesophageal stripe. Circular horizontal
bands of fibrous tissue called the annular ligaments of trachea join the tracheal rings together.
The cartilaginous rings are incomplete to allow the trachea to collapse slightly so that food can
pass down the esophagus. A flap-like epiglottis closes the opening to the larynx during
swallowing to prevent swallowed matter from entering the trachea.
The sternohyoid and
sternothyroid muscles lie
on top of the upper part
of the trachea
The thyroid gland also
lies on top of the trachea,
and lies below the cricoid
cartilage. The isthmus of
the thyroid, which
connects both wings, lies
directly in front, whereas
the wings lie on the front
and stretch to the side.
Development [edit]
In the fourth week of development of the human embryo as the respiratory bud grows, the
trachea separates from the foregut through the formation of tracheoesophageal ridges which
fuse to form the tracheoesophageal septum and this separates the future trachea from the
oesophagus and divides the foregut tube into the laryngotracheal tube.[6] By the start of the fifth
week, the left and right main bronchi have begin to form, initially as buds at the terminal end of
the treachea.[6]
The trachea is no more than 4mm diameter during the first year of life, expanding to its adult
Trachea - Wikipedia
https://en.wikipedia.org/wiki/Trachea[11/22/2019 11:37:18 AM]
diameter by late childhood. The trachea is of more variable length and site in relation to its
surrounding structures in children.[7]
Microanatomy [edit]
The trachea is lined with a layer of pseudostratified ciliated columnar epithelium. The epithelium
contains goblet cells, which are glandular, modified simple columnar epithelial cells that produce
mucins, the main component of mucus. Mucus helps to moisten and protect the airways.[8]
Mucus lines the ciliated cells of the trachea to trap inhaled foreign particles that the cilia then
waft upward toward the larynx and then the pharynx where it can be either swallowed into the
stomach or expelled as phlegm. This self-clearing mechanism is termed mucociliary
clearance.[9]
The trachea is surrounded by 16-20 rings of hyaline cartilage; these 'rings' are incomplete and
C-shaped.[4]Two or more of the cartilages often unite, partially or completely, and they are
sometimes bifurcated at their extremities. The rings are generally highly elastic but they may
calcify with age.
Cross-section
Cross-section of the
trachea, with
pseudostratified ciliated
columnar epithelium and
goblet cells labelled
Magnified cross-section
of the cartilage of the
trachea.
Clinical significance [edit]
Inflammation [edit]
Inflammation of the trachea is known as tracheitis. When the trachea is inflamed as well as the
larynx and bronchi, this is known as croup, which often causes a distinct, barking cough.
Intubation [edit]
Main articles: Tracheal intubation and Airway management
Tracheal intubation refers to the insertion of a catheter down the trachea. This procedure is
commonly performed during surgery, in order to ensure a person receives enough oxygen when
sedated. The catheter is connected to a machine that monitors the airflow, oxygenation and
several other metrics. This is often one of the responsibilities of an anesthetist during surgery.
The epiglottic vallecula is an important anatomical landmark for carrying out this procedure.
In an emergency, or when tracheal intubation is deemed impossible, a tracheotomy is often
Trachea - Wikipedia
https://en.wikipedia.org/wiki/Trachea[11/22/2019 11:37:18 AM]
Tracheal diverticulum as seen on
axial CT imaging
performed to insert a tube for ventilation, usually when needed for particular types of surgery to
be carried out so that the airway can be kept open. The provision of the opening via a
tracheotomy is called a tracheostomy.[10] Another less invasive method is used when a
procedure can be carried out more quickly, or in an emergency situation, and this is a
cricothyrotomy.
Congenital disorders [edit]
Tracheal agenesis[11] is a rare birth defect in which the
trachea fails to develop. The defect is usually fatal
though sometimes surgical intervention has been
successful.
A tracheoesophageal fistula is a congenital defect in
which the trachea and esophagus are abnormally
connected (a fistula). This is because of abnormalities
in the separation between the trachea and oesophagus
during development.[12] This occurs in approximately 1
in 3000 births, and the most common abnormalities is a
separation of the upper and lower ends of the oesophagus, with the upper end finishing in a
closed pouch.[12] Other abnormalities may associated with this, including cardiac abnormalities,
or VACTERL syndrome.[12] Such fistulas may be detected before a baby is born because of
excess amniotic fluid; after birth, they are often associated with pneumonitis and pneumonia
because of aspiration of food contents.[12]
Sometimes as an anatomical variation one or more of the tracheal rings are completely formed.
These O rings are smaller than the normal C-shaped rings and can cause narrowing of the
trachea, resulting in breathing difficulties. An operation called a slide tracheoplasty can open up
the rings and rejoin them as wider rings, shortening the length of the trachea.[13] Slide
tracheoplasty is said to be the best option in treating tracheal stenosis.[14]
Mounier-Kuhn syndrome is a very rare congenital disorder of an abnormally enlarged trachea.
Other [edit]
A tracheo-oesophageal puncture is a surgically created hole between the trachea and the
esophagus in a person who has had a total laryngectomy, (removal of larynx). The purpose
of the puncture is to restore a person's ability to speak after the vocal cords have been
removed.
Tracheomalacia (weakening of the tracheal cartilage)
Tracheal collapse (in dogs)
Tracheobronchial injury (perforation of the trachea or bronchi)
A chondrolaryngoplasty commonly called a tracheal shave is the shaving of the cricoid
cartilage in order to reduce it to lessen the prominence of the Adam's apple. It is often
carried out in transgender surgery.
Other animals [edit]
Trachea - Wikipedia
https://en.wikipedia.org/wiki/Trachea[11/22/2019 11:37:18 AM]
Tracheal system of dissected cockroach.
The largest tracheae run across the width of
the body of the cockroach and are
horizontal in this image. Scale bar, 2 mm.
The tracheal system branches into
progressively smaller tubes, here
supplying the crop of the cockroach.
Scale bar, 2 mm.
Allowing for variations in the length of the neck, the trachea in other mammals is, in general,
similar to that in humans. Generally, it is also similar to the reptilian trachea.[15]
Vertebrates [edit]
In birds, the trachea runs from the pharynx to the syrinx, from which the primary bronchi
diverge. Swans have an unusually elongated trachea, part of which is coiled beneath the
sternum; this may act as a resonator to amplify sound. In some birds, the tracheal rings are
complete, and may even be ossified.[15]
In amphibians, the trachea is normally extremely short, and leads directly into the lungs, without
clear primary bronchi. A longer trachea is, however, found in some long-necked salamanders,
and in caecilians. While there are irregular cartilagenous nodules on the amphibian trachea,
these do not form the rings found in amniotes.[15]
The only vertebrates to have lungs, but no trachea, are the lungfish and the Polypterus, in which
the lungs arise directly from the pharynx.[15]
Invertebrates [edit]
The word
"trachea" is
used to
define a
very
different
organ in
invertebrates than in vertebrates. Insects have an
open respiratory system made up of spiracles, tracheae, and tracheoles to transport metabolic
gases to and from tissues.[16] The distribution of spiracles can vary greatly among the many
orders of insects, but in general each segment of the body can have only one pair of spiracles,
each of which connects to an atrium and has a relatively large tracheal tube behind it. The
tracheae are invaginations of the cuticular exoskeleton that branch (anastomose) throughout the
body with diameters from only a few micrometres up to 0.8 mm. Diffusion of oxygen and carbon
dioxide takes place across the walls of the smallest tubes, called tracheoles, which penetrate
tissues and even indent individual cells.[17] Gas may be conducted through the respiratory
system by means of active ventilation or passive diffusion. Unlike vertebrates, insects do not
generally carry oxygen in their haemolymph.[18] This is one of the factors that may limit their
size.
A tracheal tube may contain ridge-like circumferential rings of taenidia in various geometries
such as loops or helices. Taenidia provide strength and flexibility to the trachea. In the head,
Trachea - Wikipedia
https://en.wikipedia.org/wiki/Trachea[11/22/2019 11:37:18 AM]
thorax, or abdomen, tracheae may also be connected to air sacs. Many insects, such as
grasshoppers and bees, which actively pump the air sacs in their abdomen, are able to control
the flow of air through their body. In some aquatic insects, the tracheae exchange gas through
the body wall directly, in the form of a gill, or function essentially as normal, via a plastron. Note
that despite being internal, the tracheae of arthropods are lined with cuticular tissue and are
shed during moulting (ecdysis).[17]
Bioengineering and prosthesis [edit]
In 2008, a Colombian woman, Claudia Castillo (30), received a trachea transplant using her own
stem cells.[19]
Between 2011 and 2014 Paolo Macchiarini of the Karolinska University Hospital performed
eight operations in which he generated an artificial trachea from a person's stem cells; four of
them at Karolinska, three in Russia, and one in Illinois.[2] In January 2016 the Swedish television
station Sveriges Television broadcast a three part documentary about Macchiarini that
suggested that Macchiarini did not obtain informed consent from these people, six of whom
died.[2] Macchiraini had been a "media darling" and had been seen as a pioneer in the field.[2] In
February 2016 Karolinska announced it would not renew his contract when it expired in
November 2016 and that it would open an investigation of Macchiarini's work and
publications.[2]
Several bioengineering approaches have been tested to repair and replace the trachea,
indicating extraordinary difficulties in a successful graft due. A 2016 article cited the tremendous
difficulties of tracheal revascularization as a major challenge to any form of tracheal
replacement. The study also notes that on top of the revascularization issue, there is no
evidence that using bone-marrow stem-cells on a de-cellularized native trachea or synthetic
scaffold will induce airway tissue regeneration, and such a method remains hypothetical.[3]
Additional images [edit]
Trachea.
The tracheobronchial
lymph glands.
Coronal section of larynx
and upper part of
trachea.
References [edit]
1. ^ "Trachea | Definition of Trachea by Lexico" . Lexico Dictionaries | English. Retrieved
27 October 2019.
a b c d e
Trachea - Wikipedia
https://en.wikipedia.org/wiki/Trachea[11/22/2019 11:37:18 AM]
2. ^ "Karolinska Institute has 'lost confidence' in Paolo Macchiarini, says it won't renew his
contract" . KI. 4 February 2016. Retrieved 7 February 2016.
3. ^ a b Delaere, P; Van Raemdonck, D (March 2016). "Tracheal replacement" . Journal of
Thoracic Disease. 8 (Suppl 2): S186–96. doi:10.3978/j.issn.2072-1439.2016.01.85 .
PMC 4775267 . PMID 26981270 .
4. ^ a b c d e f g h i j k l Standring, Susan, ed. (2016). "Trachea and bronchi". Gray's anatomy : the
anatomical basis of clinical practice (41st ed.). Philadelphia. pp. 965–969.
ISBN 9780702052309. OCLC 920806541 .
5. ^ Ross, Michael. Histology a text and atlas (5th ed.). Wojciech Pawlina. p. 617.
6. ^ a b Langman's Embryology 2019, pp. 223-9.
7. ^ Gray's Anatomy 2016, pp. 965-9.
8. ^ Mescher AL, "Chapter 17. The Respiratory System" (Chapter). Mescher AL: Junqueira's Basic
Histology: Text & Atlas, 12e: "Archived copy" . Archived from the original on 3 June 2013.
Retrieved 24 February 2015..
9. ^ Antunes, MB; Cohen, NA (February 2007). "Mucociliary clearance—a critical upper airway
host defense mechanism and methods of assessment". Current Opinion in Allergy and Clinical
Immunology. 7 (1): 5–10. doi:10.1097/aci.0b013e3280114eef . PMID 17218804 .
10. ^ Molnar, Heather. "Types of Tracheostomy Tubes" .
11. ^ Chiu, T.; Cuevas, D.; Cuevas, L.; Monteiro, C. (1990). "Tracheal agenesis". Southern Medical
Journal. 83 (8): 925–930. doi:10.1097/00007611-199008000-00018 . PMID 2200137 .
12. ^ a b c d Langman's Embryology 2019, pp. 224.
13. ^ "Slide tracheoplasty" . Retrieved 2 October 2015.
14. ^ Xue, B; Liang, B; Wang, S; Zhu, L; Lu, Z; Xu, Z (January 2015). "One-stage surgical correction
of congenital tracheal stenosis complicated with congenital heart disease in infants and young
children". Journal of Cardiac Surgery. 30 (1): 97–103. doi:10.1111/jocs.12418 .
PMID 25109422 .
15. ^ a b c d Romer, Alfred Sherwood; Parsons, Thomas S. (1977). The Vertebrate Body.
Philadelphia, PA: Holt-Saunders International. pp. 336–337. ISBN 978-0-03-910284-5.
16. ^ Wasserthal, Lutz T. (1998). Chapter 25: The Open Hemolymph System of Holometabola and
Its Relation to the Tracheal Space. In "Microscopic Anatomy of Invertebrates". Wiley-Liss, Inc.
ISBN 0-471-15955-7.
17. ^ a b Triplehorn, Charles (2005). Borror and DeLong's introduction to the study of insects.
Johnson, Norman F., Borror, Donald J. (7th ed.). Belmont, CA: Thompson Brooks/Cole. pp. 28–
29. ISBN 978-0030968358. OCLC 55793895 .
18. ^ Westneat, Mark W.; Betz, Oliver; Blob, Richard W.; Fezzaa, Kamel; Cooper, James W.; Lee,
Wah-Keat (January 2003). "Tracheal Respiration in Insects Visualized with Synchrotron X-ray
Imaging". Science. 299 (5606): 558–560. doi:10.1126/science.1078008 . PMID 12543973 .
19. ^ "The top health stories of 2008 - CNN.com" . CNN. 26 December 2008. Retrieved 27 May
2010.
Books
Britton, the editors Nicki R. Colledge, Brian R. Walker, Stuart H. Ralston; illustrated by
Robert (2010). Davidson's principles and practice of medicine (21st ed.). Edinburgh:
Churchill Livingstone/Elsevier. ISBN 978-0-7020-3085-7.
Sadley, TW (2019). Langman's medical embryology (14th ed.). Philadelphia: Wolters
Kluwer. ISBN 9781496383907.
Trachea - Wikipedia
https://en.wikipedia.org/wiki/Trachea[11/22/2019 11:37:18 AM]
Privacy policy About Wikipedia Disclaimers Contact Wikipedia Developers Statistics Cookie statement
Mobile view
This page was last edited on 9 November 2019, at 23:58 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms may apply. By using this site,
you agree to the Terms of Use and Privacy Policy. Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc.,
a non-profit organization.
[show]V · T · E
[show]V · T · E
External links [edit]
Human systems and organs
Anatomy of the lower respiratory tract
Authority control GND: 4134946-5 · NDL: 00565765 · TA98: A06.3.01.001
Categories: Arthropod anatomy Invertebrate respiratory system Trachea
Human head and neck Thorax (human anatomy) Respiratory system
Apex | Definition of Apex by Merriam-Webster
https://www.merriam-webster.com/dictionary/apex[11/22/2019 11:38:01 AM]
Synonyms & Antonyms
Choose the Right Synonym
apex noun
\ ˈā-ˌpeks \
plural apexes or apices \ ˈā- pə- ˌsēz , ˈa- \
Definition of apex
: the uppermost point : VERTEX
// the apex of a mountain
: the narrowed or pointed end : TIP
// the apex of the tongue
1 a
b
: the highest or culminating point
// the apex of his career
2
: the point of sharpest curvature in a path (such as that followed by a turning
vehicle)
// a driver hitting the apex as he races around a corner
// At the apex of the turn his rear wheels apparently came unstuck from the oil-
drenched groove.
— Robert F. Jones
3
SINCE 1828
Apex | Definition of Apex by Merriam-Webster
https://www.merriam-webster.com/dictionary/apex[11/22/2019 11:38:01 AM]
Did You Know?
More Example Sentences
Learn More about apex
Keep scrolling for more
Synonyms & Antonyms for apex
Synonyms
acme, apogee, capstone, climax, crescendo, crest, crown, culmination, head, height,
high noon, high-water mark, meridian, ne plus ultra, noon, noontime, peak, pinnacle,
sum, summit, tip-top, top, zenith
Antonyms
bottom, nadir, rock bottom
Visit the Thesaurus for More
Choose the Right Synonym for apex
SUMMIT, PEAK, PINNACLE, CLIMAX, APEX, ACME, CULMINATION mean the
highest point attained or attainable. SUMMIT implies the topmost level attainable. // at
the summit of the Victorian social scene // PEAK suggests the highest among other
high points. // an artist working at the peak of her powers // PINNACLE suggests a
dizzying and often insecure height. // the pinnacle of worldly success // CLIMAX
implies the highest point in an ascending series. // the war was the climax to a series
of hostile actions // APEX implies the point where all ascending lines converge. // the
apex of Dutch culture // ACME implies a level of quality representing the perfection of
a thing. // a statue that was once deemed the acme of beauty // CULMINATION
suggests the outcome of a growth or development representing an attained objective.
// the culmination of years of effort //
Apex | Definition of Apex by Merriam-Webster
https://www.merriam-webster.com/dictionary/apex[11/22/2019 11:38:01 AM]
Did You Know?
Apex entered English from Latin, where it originally meant "a small rod at the top of a
flamen's cap." What's a flamen's cap? Flamens were priests who devoted themselves
to serving just one of the many ancient Roman gods (for instance, just Jupiter or
Mars). Those priests wore distinctive conical caps that English speakers dubbed
"flamen's caps." Sixteenth- and seventeenth-century dramatist Ben Jonson was one of
the few English writers known to have used "apex" in its flamen's-cap sense: "Upon
his head a hat of delicate wool, whose top ended in a cone, and was thence called
apex."
Examples of apex in a Sentence
// she reached the apex of fame, only to find it wasn't what she expected
// the apex of the spear
Recent Examples on the Web
// And then, pow pow, Biles is in the air, a möbius loop of motion 10 feet off the ground
at the apex, more than a second in the air, twisting around her head-to-toe axis three
times and flipping over her side-to-side axis twice before, bang!
— Adam Rogers, WIRED, "The Biomechanical Perfection of Simone Biles in Flight," 13 Aug.
2019
// Hong Kong’s nine-week-long protest movement reached a new apex today, as the
city came to a near standstill, with protesters paralyzing public transportation on top of
a general strike.
— Isabella Steger, Quartz, "1,000 canisters of tear gas and 160 rubber bullets: Hong Kong’s
summer of dissent, by the numbers," 5 Aug. 2019
These example sentences are selected automatically from various online news sources to reflect current usage of the
word 'apex.' Views expressed in the examples do not represent the opinion of Merriam-Webster or its editors. Send us
feedback.
See More
First Known Use of apex
Apex | Definition of Apex by Merriam-Webster
https://www.merriam-webster.com/dictionary/apex[11/22/2019 11:38:01 AM]
1590, in the meaning defined at sense 1a
History and Etymology for apex
Latin
Keep scrolling for more
Learn More about apex
Share apex Time Traveler for apex
The first known use of apex was in
1590
See more words from the same year
Listen to Our Podcast about apex
apex
00:00 / 02:10
Theme music by Joshua Stamper ©2006 New Jerusalem Music/ASCAP
SUBSCRIBE DOWNLOAD
Apex | Definition of Apex by Merriam-Webster
https://www.merriam-webster.com/dictionary/apex[11/22/2019 11:38:01 AM]
Keep scrolling for more
More Definitions for apex
Get Word of the Day delivered to your inbox!
Sign
Up
Dictionary Entries near apex
apetalous
à petits fers
à peu près
apex
apex beat
apexed
apex predator
See More Nearby Entries
Statistics for apex
Last Updated
27 Oct 2019
Look-up Popularity
Top 10% of words
Ci
“Ap
Dic
htt
we
22
S
Sign Up
Apex | Definition of Apex by Merriam-Webster
https://www.merriam-webster.com/dictionary/apex[11/22/2019 11:38:01 AM]
See the full definition for apex in the English Language Learners Dictionary
apex noun
English Language Learners Definition of apex: the top or highest point of something
apex noun
\ ˈā-ˌpeks \
plural apexes or apices \ ˈā- pə- ˌsēz \
Kids Definition of apex
: the highest point : PEAK
// “She's on top of the roof, walking with a foot either side of the apex …”
— Brian Jacques, Redwall
1
: the most successful time
// He was at the apex of his career.
2
apex noun
\ ˈā-ˌpeks \
plural apexes or apices \ ˈā- pə- ˌsēz \
Medical Definition of apex
: a narrowed or pointed end of an anatomical structure: as
: the narrow somewhat conical upper part of a lung extending into the roota
Apex | Definition of Apex by Merriam-Webster
https://www.merriam-webster.com/dictionary/apex[11/22/2019 11:38:01 AM]
Love words? Need even more definitions?
Subscribe to America's largest dictionary and get thousands more definitions and advanced
search—ad free!
Keep scrolling for more
More from Merriam-Webster on apex
Thesaurus: All synonyms and antonyms for apex
Rhyming Dictionary: Words that rhyme with apex
Spanish Central: Translation of apex
Nglish: Translation of apex for Spanish Speakers
Britannica English: Translation of apex for Arabic Speakers
Comments on apex
What made you want to look up apex? Please tell us where you read or heard it
(including the quote, if possible).
: the lower pointed end of the heart situated in humans opposite the space
between the cartilages of the fifth and sixth ribs on the left side
: the extremity of the root of a tooth
b
c
Show Comments
Apex | Definition of Apex by Merriam-Webster
https://www.merriam-webster.com/dictionary/apex[11/22/2019 11:38:01 AM]
Words from the week of 11/22/2019
When there's 'positively' none of
something
M E R R I A M - W E B S T E R U N A B R I D G E D
W O R D S A T P L A Y
The Good, The Bad, & The
Semantically Imprecise - 11/22/19
Is 'Positively' Positively Legal?
Apex | Definition of Apex by Merriam-Webster
https://www.merriam-webster.com/dictionary/apex[11/22/2019 11:38:01 AM]
Two spellings, an ocean apart
Find out where we waver.
How to remember which is which
The True Story of 'Realize' and
'Realise'
Out to Sea with 'Wave' and
'Waive'
A S K T H E E D I T O R S
Is It 'Hanger' or 'Hangar'?
Apex | Definition of Apex by Merriam-Webster
https://www.merriam-webster.com/dictionary/apex[11/22/2019 11:38:01 AM]
Is there one standard way?
How to use a word that (literally)
drives some people nuts.
How Do You Pronounce
'Groceries'?
Literally
Is Singular 'They' a Better
Choice?
Apex | Definition of Apex by Merriam-Webster
https://www.merriam-webster.com/dictionary/apex[11/22/2019 11:38:01 AM]
The awkward case of 'his or her'
Test your knowledge of food and
food words.
Match the pasta with its meaning in
Italian.
W O R D G A M E S
Name that Food Quiz
Pass the Little Ribbons: A Pasta
Word Quiz
TAKE THE QUIZ
TAKE THE QUIZ
Apex | Definition of Apex by Merriam-Webster
https://www.merriam-webster.com/dictionary/apex[11/22/2019 11:38:01 AM]
Can you spell these 10 commonly
misspelled words?
Listen to the words and spell through
all three levels.
Learn a new word every day.
Delivered to your inbox!
Spell It
Bee Cubed
TAKE THE QUIZ
PLAY THE GAME
O T H E R M E R R I A M - W E B S T E R D I C T I O N A R I E S
SPANISH CENTRAL
LEARNER'S ESL DICTIONARY
WORDCENTRAL FOR KIDS
VISUAL DICTIONARY
SUBSCRIBEYour email address
Apex | Definition of Apex by Merriam-Webster
https://www.merriam-webster.com/dictionary/apex[11/22/2019 11:38:01 AM]
F O L L O W U S
Browse the Dictionary: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z 0-9
Home Help Apps About Us Shop Advertising Info Dictionary API Contact Us Join MWU Video
Word of the Year Law Dictionary Medical Dictionary Privacy Policy Terms of Use
Browse the Thesaurus Browse the Medical Dictionary Browse the Legal Dictionary
Browse the Spanish-English Dictionary
© 2019 Merriam-Webster, Incorporated
SCRABBLE WORD FINDER
MERRIAM-WEBSTER'S UNABRIDGED DICTIONARY
BRITANNICA ENGLISH - ARABIC TRANSLATION
NGLISH - SPANISH-ENGLISH TRANSLATION
®
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:nwtng1.2.1 1/2
United States Patent and Trademark Office
Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
Trademarks > Trademark Electronic Search System (TESS)
TESS was last updated on Wed Jun 26 05:22:28 EDT 2019
Logout Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
( Use the "Back" button of the Internet Browser to return toTESS)
Word Mark APEXGoods andServices
IC 010. US 026 039 044. G & S: Hearing aids. FIRST USE: 20161222. FIRST USE IN COMMERCE: 20161222
IC 035. US 100 101 102. G & S: Retail store services featuring hearing aids, hearing aid batteries, and relatedhearing aid accessories. FIRST USE: 20161222. FIRST USE IN COMMERCE: 20161222
IC 044. US 100 101. G & S: Medical services, namely, providing audiometric hearing tests and evaluations.FIRST USE: 20161222. FIRST USE IN COMMERCE: 20161222
Mark DrawingCode (5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM
SerialNumber 87213403
Filing Date October 24, 2016Current Basis 1AOriginalFiling Basis 1B
Published forOpposition April 4, 2017
RegistrationNumber 5342314
RegistrationDate November 21, 2017
Owner (REGISTRANT) Apex Hearing Services LLC LIMITED LIABILITY COMPANY OHIO 13475 Strathmore DriveValley View OHIO 44125
Attorney ofRecord Howard G. Shimola
Descriptionof Mark
Color is not claimed as a feature of the mark. The mark consists of the word "APEX" in block capital letters runtogether.
Type of Mark TRADEMARK. SERVICE MARKRegister PRINCIPALLive/Dead LIVE
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:nwtng1.2.1 2/2
Indicator
|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:nwtng1.3.1 1/2
United States Patent and Trademark Office
Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
Trademarks > Trademark Electronic Search System (TESS)
TESS was last updated on Wed Jun 26 05:22:28 EDT 2019
Logout Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
( Use the "Back" button of the Internet Browser to return toTESS)
Word Mark APEXGoods andServices
IC 010. US 044. G & S: foot bandages, orthopedic shoes and sandals, arch supports, heel supports, tongue pads,foot cushions. FIRST USE: 19460000. FIRST USE IN COMMERCE: 19460000
IC 017. US 001. G & S: rubber and crepe rubber in sheet form for soling and resoling shoes and sandals andphenolic foam materials in sheet form for use in the manufacture of both footwear and corrective articles and heatformable sheet cork material for making arch supports. FIRST USE: 19460000. FIRST USE IN COMMERCE:19460000
IC 025. US 039. G & S: insoles for shoes. FIRST USE: 19460000. FIRST USE IN COMMERCE: 19460000MarkDrawingCode
(1) TYPED DRAWING
SerialNumber 74120957
Filing Date December 6, 1990CurrentBasis 1A
OriginalFiling Basis 1B
Published forOpposition October 1, 1991
RegistrationNumber 1669288
RegistrationDate December 24, 1991
Owner (REGISTRANT) APEX FOOT HEALTH INDUSTRIES CORPORATION NEW JERSEY 414 ALFRED AVETEANECK NEW JERSEY 07666
(LAST LISTED OWNER) APEX FOOT HEALTH INDUSTRIES, LLC LIMITED LIABILITY COMPANY DELAWARE2905 VETERANS MEMORIAL HIGHWAY RONKONKOMA NEW YORK 11779
AssignmentRecorded ASSIGNMENT RECORDED
Attorney ofRecord Laura Goldbard George
PriorRegistrations 1449481
Type of Mark TRADEMARK
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:nwtng1.3.1 2/2
Register PRINCIPALAffidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20111220.Renewal 2ND RENEWAL 20111220Live/DeadIndicator LIVE
|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:nwtng1.4.1 1/2
United States Patent and Trademark Office
Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
Trademarks > Trademark Electronic Search System (TESS)
TESS was last updated on Wed Jun 26 05:22:28 EDT 2019
Logout Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
( Use the "Back" button of the Internet Browser to return toTESS)
Word Mark APEXGoods andServices
IC 010. US 026 039 044. G & S: medication spoons, medicine droppers, pill splitters and pill pulverizers for use inadministering medication. FIRST USE: 19950300. FIRST USE IN COMMERCE: 19950300
IC 020. US 002 013 022 025 032 050. G & S: plastic pill boxes. FIRST USE: 19950300. FIRST USE INCOMMERCE: 19950300
Mark DrawingCode (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
DesignSearch Code
05.09.05 - Apples26.17.10 - Lines, zig-zag; Zig-zag line(s)
SerialNumber 75261423
Filing Date March 21, 1997Current Basis 1AOriginalFiling Basis 1A
Published forOpposition December 23, 1997
RegistrationNumber 2144591
RegistrationDate March 17, 1998
Owner (REGISTRANT) Apex Medical Corporation CORPORATION SOUTH DAKOTA 800 South Van Eps Avenue SiouxFalls SOUTH DAKOTA 57101
(LAST LISTED OWNER) COMPASS HEALTH BRANDS CORP. CORPORATION DELAWARE 6753 ENGLEROAD MIDDLEBURG HEIGHTS OHIO 44130
AssignmentRecorded ASSIGNMENT RECORDED
Attorney ofRecord Lorri W Cooper
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:nwtng1.4.1 2/2
Type of Mark TRADEMARKRegister PRINCIPALAffidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20180331.Renewal 2ND RENEWAL 20180331Live/DeadIndicator LIVE
|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:nwtng1.5.1 1/2
United States Patent and Trademark Office
Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
Trademarks > Trademark Electronic Search System (TESS)
TESS was last updated on Wed Jun 26 05:22:28 EDT 2019
Logout Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
( Use the "Back" button of the Internet Browser to return toTESS)
Word Mark APEX BIOTECHNOLOGY CORPGoods andServices
IC 005. US 006 018 044 046 051 052. G & S: Reagent strips for medical diagnostic use; glucose control solution formedical diagnostic use; uric acid control solution for medical diagnostic use. FIRST USE: 19990813. FIRST USE INCOMMERCE: 20000600
IC 010. US 026 039 044. G & S: blood uric acid monitoring apparatus for medical diagnostic use; blood glucosemonitoring apparatus for medical diagnostic use; puncturers for medical use, lancets. FIRST USE: 19990813.FIRST USE IN COMMERCE: 20000600
MarkDrawingCode
(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
DesignSearchCode
26.01.26 - Coils; Spirals; Swirls
SerialNumber 76157260
Filing Date November 1, 2000CurrentBasis 1A
OriginalFiling Basis 1A
PublishedforOpposition
March 11, 2003
RegistrationNumber 2720410
RegistrationDate June 3, 2003
Owner (REGISTRANT) Apex Biotechnology Corp. CORPORATION TAIWAN 2F No. 1, Innovation Road II Science-BasedIndustrial Park Hsinchu TAIWAN
Attorney ofRecord Janet F. Satterthwaite
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:nwtng1.5.1 2/2
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "BIOTECHNOLOGY CORP" APART FROM THEMARK AS SHOWN
Descriptionof Mark The mark is not lined for color. The stippling in the mark is a feature of the mark and does not indicate color.
Type ofMark TRADEMARK
Register PRINCIPALAffidavitText SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20130430.
Renewal 1ST RENEWAL 20130430Live/DeadIndicator LIVE
|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:nwtng1.6.1 1/1
United States Patent and Trademark Office
Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
Trademarks > Trademark Electronic Search System (TESS)
TESS was last updated on Wed Jun 26 05:22:28 EDT 2019
Logout Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
( Use the "Back" button of the Internet Browser to return toTESS)
Word Mark APEX DENTAL SENSORSGoods and Services IC 010. US 026 039 044. G & S: Digital sensor used for taking digital dental radiographs. FIRST USE:
20150401. FIRST USE IN COMMERCE: 20150401StandardCharacters ClaimedMark Drawing Code (4) STANDARD CHARACTER MARKSerial Number 86413934Filing Date October 3, 2014Current Basis 1AOriginal Filing Basis 1BPublished forOpposition June 9, 2015
RegistrationNumber 4984112
Registration Date June 21, 2016Owner (REGISTRANT) Masterlink, LLC LIMITED LIABILITY COMPANY ARIZONA Suite 103-501 24654 N. Lake
Pleasant Pkwy Peoria ARIZONA 85383Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "DENTAL SENSORS" APART FROM THE
MARK AS SHOWNType of Mark TRADEMARKRegister PRINCIPALLive/Dead Indicator LIVE
|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:nwtng1.7.1 1/2
United States Patent and Trademark Office
Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
Trademarks > Trademark Electronic Search System (TESS)
TESS was last updated on Wed Jun 26 05:22:28 EDT 2019
Logout Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
( Use the "Back" button of the Internet Browser to return toTESS)
Word Mark APEX IP FUSION DEVICEGoods andServices
IC 010. US 026 039 044. G & S: Medical devices, namely, intramedullary fusion devices for fusion of theinterphalangeal joints of the hand. FIRST USE: 20130701. FIRST USE IN COMMERCE: 20130701
StandardCharactersClaimedMark DrawingCode (4) STANDARD CHARACTER MARK
Serial Number 85922856Filing Date May 3, 2013Current Basis 1AOriginal FilingBasis 1B
Published forOpposition May 20, 2014
RegistrationNumber 4660373
RegistrationDate December 23, 2014
Owner (REGISTRANT) Extremity Medical LLC LIMITED LIABILITY COMPANY NEW JERSEY 300 Interpace ParkwayParsippany NEW JERSEY 07054
Attorney ofRecord Michael J. Zinna
PriorRegistrations 3652074;3684368;4057095;AND OTHERS
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "IP FUSION DEVICE" APART FROM THE MARKAS SHOWN
Type of Mark TRADEMARKRegister PRINCIPALLive/Dead LIVE
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:nwtng1.7.1 2/2
Indicator
|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:nwtng1.8.1 1/2
United States Patent and Trademark Office
Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
Trademarks > Trademark Electronic Search System (TESS)
TESS was last updated on Wed Jun 26 05:22:28 EDT 2019
Logout Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
( Use the "Back" button of the Internet Browser to return toTESS)
Word Mark APEX IP FUSION DEVICEGoods andServices
IC 010. US 026 039 044. G & S: Medical devices, namely, intramedullary fusion devices for fusion of theinterphalangeal joints of the hand. FIRST USE: 20130701. FIRST USE IN COMMERCE: 20130701
MarkDrawingCode
(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
DesignSearch Code
02.01.33 - Grotesque men formed by letters, numbers, punctuation or geometric shapes; Stick figures04.07.03 - Geometric figures or combinations of geometric figures representing a person; Geometric figuresrepresenting a person; Geometric shapes forming a person; Person formed by geometric shapes26.01.06 - Circles, semi; Semi-circles26.01.21 - Circles that are totally or partially shaded.26.17.09 - Bands, curved; Bars, curved; Curved line(s), band(s) or bar(s); Lines, curved27.03.01 - Geometric figures forming letters, numerals or punctuation
SerialNumber 85922839
Filing Date May 3, 2013CurrentBasis 1A
OriginalFiling Basis 1B
Published forOpposition May 20, 2014
RegistrationNumber 4660372
RegistrationDate December 23, 2014
Owner (REGISTRANT) Extremity Medical LLC LIMITED LIABILITY COMPANY NEW JERSEY 300 Interpace ParkwayParsippany NEW JERSEY 07054
Attorney ofRecord Michael J. Zinna
Prior 3652074;3684368;4057095;AND OTHERS
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:nwtng1.8.1 2/2
RegistrationsDisclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "IP FUSION DEVICE" APART FROM THE MARK AS
SHOWNDescriptionof Mark
Color is not claimed as a feature of the mark. The mark consists of "APEX" where the "X" is represented as astylized person with a semi-circle above the stylized person and the words "IP FUSION DEVICE" underneath.
Type of Mark TRADEMARKRegister PRINCIPALLive/DeadIndicator LIVE
|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:nwtng1.9.1 1/1
United States Patent and Trademark Office
Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
Trademarks > Trademark Electronic Search System (TESS)
TESS was last updated on Wed Jun 26 05:22:28 EDT 2019
Logout Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
( Use the "Back" button of the Internet Browser to return toTESS)
Word Mark APEX MASSAGE CHAIRSGoods andServices
IC 010. US 026 039 044. G & S: Massage chairs; handheld massaging apparatus for personal use. FIRSTUSE: 20170101. FIRST USE IN COMMERCE: 20170101
StandardCharactersClaimedMark DrawingCode (4) STANDARD CHARACTER MARK
Serial Number 88229857Filing Date December 14, 2018Current Basis 1AOriginal FilingBasis 1A
Published forOpposition June 4, 2019
Owner (APPLICANT) TITAN CHAIR LLC LIMITED LIABILITY COMPANY TEXAS 1428 Van winkle Dr CarrolltonTEXAS 75007
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "MASSAGE CHAIRS" APART FROM THEMARK AS SHOWN
Type of Mark TRADEMARKRegister PRINCIPALLive/DeadIndicator LIVE
|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:nwtng1.10.1 1/2
United States Patent and Trademark Office
Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
Trademarks > Trademark Electronic Search System (TESS)
TESS was last updated on Wed Jun 26 05:22:28 EDT 2019
Logout Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
( Use the "Back" button of the Internet Browser to return toTESS)
Word Mark APEXBIOGoods andServices
IC 005. US 006 018 044 046 051 052. G & S: reagent strips for medical diagnostic use; glucose control solutionfor medical diagnostic use; uric acid control solution for medical diagnostic use; hemoglobin testing agents formedical diagnostic use; cholesterol testing agents for medical diagnostic use; lactic acid testing agents for medicaldiagnostic use. FIRST USE: 20030821. FIRST USE IN COMMERCE: 20040910
IC 010. US 026 039 044. G & S: testing and analytical apparatus for medical diagnostic use; blood uric monitoringapparatus for medical diagnostic use; blood glucose monitoring apparatus for medical use; lancets; hemoglobintesting apparatus for medical diagnostic use; cholesterol testing apparatus for medical diagnostic use; lactic acidtesting apparatus for medical diagnostic use. FIRST USE: 20030821. FIRST USE IN COMMERCE: 20040910
MarkDrawingCode
(5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM
SerialNumber 86102910
Filing Date October 28, 2013CurrentBasis 1A
OriginalFiling Basis 1A
Published forOpposition April 15, 2014
RegistrationNumber 4559434
RegistrationDate July 1, 2014
Owner (REGISTRANT) APEX BIOTECHNOLOGY CORPORATION CORPORATION TAIWAN No. 7 Li-Hsin Rd. V,Hsinchu Science Park Hsinchu City TAIWAN
Attorney ofRecord Carlynn Davis
PriorRegistrations 2720410
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:nwtng1.10.1 2/2
Descriptionof Mark Color is not claimed as a feature of the mark. The mark consists of the word "APEXBIO" in stylized bold font.
Type of Mark TRADEMARKRegister PRINCIPALLive/DeadIndicator LIVE
|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:nwtng1.11.1 1/2
United States Patent and Trademark Office
Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
Trademarks > Trademark Electronic Search System (TESS)
TESS was last updated on Wed Jun 26 05:22:28 EDT 2019
Logout Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
( Use the "Back" button of the Internet Browser to return toTESS)
Word Mark APEXCAREGoods andServices
IC 010. US 026 039 044. G & S: Operating tables; Beds, specially made for medical purposes; Invalids' hoists; Bedcushions for medical purposes; Bed pans; Crutches; Sphygmomanometers; Stethoscopes; Wheeled stretchers;Massage apparatus; Commode chairs for medical purposes; Medical examination tables; Stand for infusionapparatus. FIRST USE: 20110110. FIRST USE IN COMMERCE: 20110110
MarkDrawingCode
(5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM
SerialNumber 85302162
Filing Date April 22, 2011CurrentBasis 1A
OriginalFiling Basis 1A
PublishedforOpposition
January 24, 2012
RegistrationNumber 4173874
RegistrationDate July 17, 2012
Owner (REGISTRANT) APEX HEALTH CARE MFG. INC. CORPORATION TAIWAN 1-1, Hu Wei Liao Jhen Bei Village,Min Syong Township Chia Yi County TAIWAN
Attorney ofRecord John Alumit
Descriptionof Mark
Color is not claimed as a feature of the mark. The mark consists of the word "Apexcare" with the letters ''A'' and ''x''in a stylized font.
Type ofMark TRADEMARK
Register PRINCIPAL
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:nwtng1.11.1 2/2
AffidavitText
SECT 8 (6-YR).
Live/DeadIndicator LIVE
|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:nwtng1.12.1 1/2
United States Patent and Trademark Office
Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
Trademarks > Trademark Electronic Search System (TESS)
TESS was last updated on Wed Jun 26 05:22:28 EDT 2019
Logout Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
( Use the "Back" button of the Internet Browser to return toTESS)
Word Mark APEXLIFTGoods andServices
IC 010. US 026 039 044. G & S: INVALID HOISTS *AND* INVALID LIFTS [ AND INVALID WALKERS ]. FIRSTUSE: 20011225. FIRST USE IN COMMERCE: 20011225
(CANCELLED) IC 011. US 013 021 023 031 034. G & S: [ BIDETS; TOILETS AND PORTABLE TOILETS ].FIRST USE: 20011225. FIRST USE IN COMMERCE: 20011225
Mark DrawingCode (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Design SearchCode
02.01.33 - Grotesque men formed by letters, numbers, punctuation or geometric shapes; Stick figures14.03.25 - Brackets, fixture; Hooks, Utility (hardware); Magnets; Nozzles, hose21.03.07 - Barbell sets; Dumbbells; Exercise bicycles; Exercise machines; Exercise weights; Handgrips,exercise; Rowing machines; Weight lifting machines; Weights, exercise26.01.05 - Circles made of broken or dotted lines
Serial Number 76440071Filing Date August 12, 2002Current Basis 1AOriginal FilingBasis 1A
Published forOpposition February 4, 2003
Change InRegistration CHANGE IN REGISTRATION HAS OCCURRED
RegistrationNumber 2711317
RegistrationDate April 29, 2003
Owner (REGISTRANT) DYNAMIC HEALTHTECH INC. CORPORATION TAIWAN 1F, No. 6, Pao Kao Rd. Hsin TienCity, Taipei TAIWAN 231
(LAST LISTED OWNER) JAEGER INDUSTRIAL CO. LTD. CORPORATION TAIWAN NO. 6, PAO KAO RD.HSIN TIEN CITY, TAIPEI TAIWAN 23144
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:nwtng1.12.1 2/2
AssignmentRecorded
ASSIGNMENT RECORDED
Attorney ofRecord Alan D. Kamrath
Type of Mark TRADEMARKRegister PRINCIPALAffidavit Text PARTIAL SECT 8 (6-YR). SECTION 8(10-YR) 20130624.Renewal 1ST RENEWAL 20130624Live/DeadIndicator LIVE
|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:nwtng1.13.1 1/1
United States Patent and Trademark Office
Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
Trademarks > Trademark Electronic Search System (TESS)
TESS was last updated on Wed Jun 26 05:22:28 EDT 2019
Logout Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
( Use the "Back" button of the Internet Browser to return toTESS)
Word Mark APEXMVGoods andServices
IC 010. US 026 039 044. G & S: Medical devices for the treatment of incontinence, namely, electrotherapyand biofeedback devices for strengthening pelvic floor muscles
StandardCharactersClaimedMark DrawingCode (4) STANDARD CHARACTER MARK
Serial Number 87952994Filing Date June 7, 2018Current Basis 1BOriginal FilingBasis 1B
Published forOpposition November 6, 2018
Owner (APPLICANT) InControl Medical, LLC LIMITED LIABILITY COMPANY WISCONSIN Suite 250 3225Gateway Road Brookfield WISCONSIN 53045
Attorney ofRecord Richard J. McKenna
PriorRegistrations 4523338
Type of Mark TRADEMARKRegister PRINCIPALLive/DeadIndicator LIVE
|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:nwtng1.14.1 1/1
United States Patent and Trademark Office
Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
Trademarks > Trademark Electronic Search System (TESS)
TESS was last updated on Wed Jun 26 05:22:28 EDT 2019
Logout Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
( Use the "Back" button of the Internet Browser to return toTESS)
Word Mark REVOLUTION APEXGoods and Services IC 010. US 026 039 044. G & S: medical equipment, namely, computed tomography (CT) apparatusStandard CharactersClaimedMark Drawing Code (4) STANDARD CHARACTER MARKSerial Number 87586210Filing Date August 28, 2017Current Basis 1BOriginal Filing Basis 1BPublished for Opposition December 5, 2017Owner (APPLICANT) General Electric Company CORPORATION NEW YORK 1 River Road Schenectady
NEW YORK 12345Attorney of Record Catherine MennengaType of Mark TRADEMARKRegister PRINCIPALLive/Dead Indicator LIVE
|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:nwtng1.15.1 1/2
United States Patent and Trademark Office
Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
Trademarks > Trademark Electronic Search System (TESS)
TESS was last updated on Wed Jun 26 05:22:28 EDT 2019
Logout Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
( Use the "Back" button of the Internet Browser to return toTESS)
Word Mark SPINECRAFT APEX SPINE SYSTEMGoods and Services IC 010. US 026 039 044. G & S: Surgical and medical apparatus and instruments for use in spinal surgery.
FIRST USE: 20050805. FIRST USE IN COMMERCE: 20060413Standard CharactersClaimedMark Drawing Code (4) STANDARD CHARACTER MARKSerial Number 86353680Filing Date July 31, 2014Current Basis 1AOriginal Filing Basis 1APublished forOpposition June 30, 2015
Registration Number 4811166InternationalRegistration Number 1254118
Registration Date September 15, 2015Owner (REGISTRANT) SpineCraft, LLC LIMITED LIABILITY COMPANY DELAWARE 777 Oakmont Lane, Suite
200 Westmont ILLINOIS 60559Attorney of Record Alan W. CannonPrior Registrations 4442648;4571074Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "SPINE SYSTEM" APART FROM THE MARK
AS SHOWNType of Mark TRADEMARKRegister PRINCIPALLive/Dead Indicator LIVE
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:nwtng1.15.1 2/2
|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:nwtng1.16.1 1/2
United States Patent and Trademark Office
Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
Trademarks > Trademark Electronic Search System (TESS)
TESS was last updated on Wed Jun 26 05:22:28 EDT 2019
Logout Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
( Use the "Back" button of the Internet Browser to return toTESS)
Word Mark XCELL PRP BY APEX BIOLOGIXGoods andServices
IC 010. US 026 039 044. G & S: Blood containers for medical purposes; Blood component separation apparatus formedical purposes; Blood drawing apparatus; Blood filters; Blood testing apparatus, namely, blood collecting tubes;Blood tubing sets for medical purposes; Medical gloves; Medical syringes; Sterile sheets, surgical; Apparatus fortaking blood; Apparatus for the regeneration of stem cells for medical purposes; Blood collection kit comprised ofblood collection bag, holder for medical sample tubes and vials, and medical sample tubes and vials; Filters forblood and blood components for medical purposes; Medical specimen collection devices in the nature of tubes forthe collection of blood. FIRST USE: 20180201. FIRST USE IN COMMERCE: 20180201
MarkDrawingCode
(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
DesignSearchCode
26.17.12 - Angles (geometric) ; Chevrons27.03.01 - Geometric figures forming letters, numerals or punctuation
SerialNumber 87590312
Filing Date August 30, 2017CurrentBasis 1A
OriginalFiling Basis 1B
PublishedforOpposition
February 6, 2018
RegistrationNumber 5623696
RegistrationDate December 4, 2018
Owner (REGISTRANT) APEX Biologix LIMITED LIABILITY COMPANY UTAH 5650 S. Green St. Murray UTAH 84123Attorney ofRecord Christopher Droubay
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:nwtng1.16.1 2/2
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "PRP" APART FROM THE MARK AS SHOWNDescriptionof Mark
Color is not claimed as a feature of the mark. The mark consists of two shapes overlapping each other creating theletter "X". The shape to the right overlaps the shape to the left. The left shape has a gradient from dark at thebottom to lighter at the top. The letters "C", "E", "L", and "L", appear right after the "X" shape. There is then astandard space after the "L" which then continue with the letters "P", "R", "P". All letters are capitalized and thewording "BY APEX BIOLOGIX" is underneath.
Type ofMark TRADEMARK
Register PRINCIPALLive/DeadIndicator LIVE
|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
6/26/2019 Trademark Electronic Search System (TESS)
tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:nwtng1.17.1 1/1
United States Patent and Trademark Office
Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
Trademarks > Trademark Electronic Search System (TESS)
TESS was last updated on Wed Jun 26 05:22:28 EDT 2019
Logout Please logout when you are done to release system resources allocated for you.
Record 1 out of 1
( Use the "Back" button of the Internet Browser to return toTESS)
Word Mark YELLOFINS APEXGoods and Services IC 010. US 026 039 044. G & S: Surgical table accessories, namely, stirrupsStandard CharactersClaimedMark Drawing Code (4) STANDARD CHARACTER MARKSerial Number 88218071Filing Date December 5, 2018Current Basis 1BOriginal Filing Basis 1BPublished forOpposition April 23, 2019
Owner (APPLICANT) Allen Medical Systems, Inc. CORPORATION INDIANA 700 State Road 46 EastBatesville INDIANA 47006
Attorney of Record Clay A. TillackPrior Registrations 2480855;2506398Type of Mark TRADEMARKRegister PRINCIPALLive/Dead Indicator LIVE
|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY