Offc Action Outgoing

ICAD

iCAD, inc.

Offc Action Outgoing

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

 

    SERIAL NO: 76/520886

 

    APPLICANT:                          iCAD, inc.

 

 

        

 

    CORRESPONDENT ADDRESS:

    MORGAN LEWIS & BOCKIUS LLP

    ATTN.: TMSU

    1111 PENNSYLVANIA AVENUE NW

    WASHINGTON, DC 20004

   

RETURN ADDRESS: 

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

ecom111@uspto.gov

 

 

 

    MARK:          ICAD

 

 

 

    CORRESPONDENT’S REFERENCE/DOCKET NO:   046454-0000-

 

    CORRESPONDENT EMAIL ADDRESS: 

 

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.

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/520886

 

The assigned examining attorney has reviewed the referenced application and determined the following.

 

Meaning Inquiry

 

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).

 

Specimen Required for Use-Based Application

 

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/

 

/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.

 

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

 


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