Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88206818 CANADY SMART OR STEALTH(Standard Characters, see http://uspto.report/TM/88206818/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The Examiner raises three issues in the Office Action: (1) likelihood of confusion based on the prior CANADY PLASMA mark; (2) likelihood of confusion based upon the CANADY ROBOTICS mark; and (3) deficient consent statement. With respect to the prior mark CANADY PLASMA, Applicant states that U.S. Medical Innovations, LLC is a wholly-owned subsidiary of U.S. Patent Innovations, LLC. With respect to the application for the mark CANADY ROBOTICS, Applicant states that Canady Robotics LLC also is a wholly-owned subsidiary of U.S. Patent Innovations, LLC. Applicant submits herewith a new correct consent statement that properly provide consent from Dr. Canady for U.S. Patent Innovations, LLC to use his name. Applicant believes that all of the Examiner?s points have been addressed and the application is in condition for allowance.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: U.S. Patent Innovations, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      6930 Carroll Ave., Ste. 1000
      Takoma Park, Maryland 20912
      United States

Proposed: U.S. Patent Innovations, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      6930 Carroll Ave., Ste. 1000
      Takoma Park, Maryland 20912
      United States
      Email Address: XXXX

ADDITIONAL STATEMENTS
Name(s), Portrait(s), Signature(s) of individual(s)
The name(s), portrait(s), and/or signature(s) shown in the mark identifies Jerome Canady, M.D., whose consent(s) to register is made of record.

Original PDF file:
consent-1736925560-162616 824_._9101-100CanadyConse ntToUseName2020-02-10.pdf
Converted PDF file(s) ( 1 page) Consent File1

The owner's/holder's current attorney information: Timothy R DeWitt. Timothy R DeWitt of 24IP Law Group USA, PLLC, is located at

      428 Fourth Street, Suite 3
      Annapolis, Maryland 21403
      United States
The docket/reference number is 9101.100.
      The phone number is 410-212-2539.
      The fax number is 4102955096.
      The email address is info@24ipusa.com

The owner's/holder's proposed attorney information: Timothy R DeWitt. Timothy R DeWitt of 24IP Law Group USA, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      428 Fourth Street, Suite 3
      Annapolis, Maryland 21403
      United States
The docket/reference number is 9101.100.
      The phone number is 410-212-2539.
      The fax number is 4102955096.
      The email address is info@24ipusa.com

Timothy R DeWitt submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      TIMOTHY R DEWITT
      PRIMARY EMAIL FOR CORRESPONDENCE: info@24ipusa.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 9101.100.
Correspondence Information (proposed):
      Timothy R DeWitt
      PRIMARY EMAIL FOR CORRESPONDENCE: info@24ipusa.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 9101.100.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /TimothyRDeWitt/      Date: 02/24/2020
Signatory's Name: Timothy R DeWitt
Signatory's Position: Attorney of record
Signatory's Phone Number: 4102122539


Response Signature
Signature: /TimothyRDeWitt/     Date: 02/24/2020
Signatory's Name: Timothy R DeWitt
Signatory's Position: Attorney of record

Signatory's Phone Number: 4102122539

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    TIMOTHY R DEWITT
   24IP Law Group USA, PLLC
   
   428 Fourth Street, Suite 3
   Annapolis, Maryland 21403
Mailing Address:    Timothy R DeWitt
   24IP Law Group USA, PLLC
   428 Fourth Street, Suite 3
   Annapolis, Maryland 21403
        
Serial Number: 88206818
Internet Transmission Date: Mon Feb 24 16:35:44 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2020022416354430
0439-88206818-710a3907c486ced8656ae5975e
2a6a4fab90b1dd252fb182facbca194e7d45-N/A
-N/A-20200224162616824455