UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/520886
APPLICANT: iCAD, inc.
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CORRESPONDENT ADDRESS: MORGAN LEWIS & BOCKIUS LLP ATTN.: TMSU 1111 PENNSYLVANIA AVENUE NW WASHINGTON, DC 20004
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom111@uspto.gov
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MARK: ICAD
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CORRESPONDENT’S REFERENCE/DOCKET NO: 046454-0000-
CORRESPONDENT EMAIL ADDRESS:
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Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 76/520886
The assigned examining attorney has reviewed the referenced application and determined the following.
In order to permit full consideration of all aspects of this application, the applicant must provide additional information regarding the significance of the acronym mark in the context of the identified goods. 37 C.F.R. §2.61(b).
A specimen showing use of the mark in commerce for the identified goods is required for an application based on use of the mark in commerce under Trademark Act Section 1(a), 15 U.S.C. §1051(a). While the applicant indicated in the application that one specimen was included with the application, it appears that no specimen was actually submitted. TMEP §904.
Accordingly, the applicant must submit a specimen showing the mark as it is used in commerce for the goods listed in the application. The applicant must also submit the statement that “the specimen was in use in commerce at least as early as the filing date of the application,” verified with a notarized affidavit or signed declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.59(a); TMEP §904.09.
Examples of acceptable specimens for goods are tags, labels, instruction manuals, containers, photographs that show the mark on the goods or packaging, or displays associated with the goods at their point of sale. TMEP §§904.04 et seq.
No Conflicting Marks Noted
The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d). TMEP section 1105.01.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Elizabeth A. Hughitt/
Examining Attorney
Law Office 111
(703) 308-9111 x 250
ecom111@uspto.gov
How to respond to this Office Action:
To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.
To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.
To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.