Application

PTO- 1478

Approved for use through 10/31/2024. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1478

Approved for use through 10/31/2024. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

Serial Number: 97654623

Filing Date: 10/31/2022

To the Commissioner for Trademarks:

MARK: INDEPENDENT COMMUNITY BANKERS OF AMERICA (Standard Characters, see mark)
The literal element of the mark consists of INDEPENDENT COMMUNITY BANKERS OF AMERICA. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Independent Community Bankers of America, a corporation of Minnesota, having an address of
      1615 L Street NW, Suite 900
      Washington, District of Columbia 20036-5623
      United States
      XXXX

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

International Class 009:  Downloadable electronic publications in the nature of brochures, newsletters, advertising pamphlets and booklets, marketing brochures, blank business forms, sample informational brochures, and informational packets comprising sets of informational letters and brochures in the field of banking and finance and the management and marketing of banks; electronic publications, namely, books, magazines, newsletters, manuals, and guideline books in the field of banking and finance and the management and marketing of banks recorded on computer media.

In International Class 009, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 03/31/2000, and first used in commerce at least as early as 03/31/2000, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Screenshot of Applicant's website showing an electronic publication and download now button..
Specimen File1
Webpage URL: http://www.icba.org/all-products/product-details/industrial-loan-companies-closing-the-loophole-to-avert-consumer-and-systemic-harm
Webpage Date of Access: 10/28/2022

International Class 016:  Newsletters, a series of written articles, magazines and printed informational brochures and leaflets, all in the field of banking and finance and the management and marketing of banks; printed publications, namely, books, magazines, newsletters, manuals, and guidelines in the field of banking and finance and the management and marketing of banks.

In International Class 016, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 03/31/2000, and first used in commerce at least as early as 03/31/2000, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Screenshot showing order form and price for the monthly printed publication of the Independent Community Bankers of America..
Specimen File1
Webpage URL: http://www.icba.org/newsroom/publications
Webpage Date of Access: 10/28/2022

International Class 035:  Trade association services, namely, promoting the interests of community bankers; public advocacy to promote awareness of the importance and benefits of community banks and banking services; market analysis; business marketing consulting services; business management consultation in the field of bank management; Market analysis; business marketing consulting services; providing an online computer web site that provides commercial financial transaction data, account management, financial reporting, accounting features, and related reference information; and consultation in the area of assisting member banks in bank management.

In International Class 035, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 03/31/2000, and first used in commerce at least as early as 03/31/2000, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Screenshot showing the applied-for mark used in connection with association services..
Specimen File1
Webpage URL: http://www.icba.org/advocacy
Webpage Date of Access: 10/28/2022

International Class 041:  Educational services, namely, conducting in-person seminars and workshops and online webinars and courses in the fields of state and federal regulatory compliance requirements for financial institutions and community banks, information technology for community banks, loan reviews, current issues facing community banks, cash flow analysis, emerging legal issues that affect community banks, community bank marketing, community bank mergers and acquisitions, financial statement analysis, fraud issues facing community banks, information systems auditing, vendor management, audits of community banks, security officer training, commercial credit analysis, consumer lending for community banks, personal and career development for community bank professionals, and risk management and governance for community banks; on-line journals, namely, blogs featuring news and information in the field of banking and finance and the management and marketing of banks; conducting annual conferences for members in the areas of banking and financial services.

In International Class 041, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 03/31/2000, and first used in commerce at least as early as 03/31/2000, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Screenshot showing the applied-for mark advertising an in-person seminar..
Specimen File1
Webpage URL: http://www.icba.org/events/calendar-of-events/events-calendar-details-page/2022/11/07/community-banker-university-calendar/bsa-aml-institute
Webpage Date of Access: 10/28/2022


SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


The owner's/holder's proposed attorney information: John C. McElwaine. Other appointed attorneys are Mark C. Dukes, Craig N. Killen, Charles G. Zug, Lloyd G. Farr, Christopher D. Casavale, Robert H. McWilliams, Jr., Susan S. Jackson, Lauren Conners. John C. McElwaine of Nelson Mullins Riley & Scarborough LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      301 South College Street, 23rd Floor IP
      Charlotte, North Carolina 28202
      United States
      ipdocket@nelsonmullins.com
The docket/reference number is 031730/09067.
John C. McElwaine 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.

The applicant's current Correspondence Information:

John C. McElwaine

PRIMARY EMAIL FOR CORRESPONDENCE: ipdocket@nelsonmullins.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): john.mcelwaine@nelsonmullins.com Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $1400 has been submitted with the application, representing payment for 4 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service 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 on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application and was used on or in connection with the goods/services in the application as of the application filing date; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; 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 on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, 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 of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	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 all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Rob Birgfeld/   Date: 10/30/2022
Signatory's Name: Rob Birgfeld
Signatory's Position: Executive Vice President, Chief Marketing Officer
Signatory's Phone Number: Not Provided
Signature method: Sent to third party for signature
Payment Sale Number: 97654623
Payment Accounting Date: 10/31/2022

Serial Number: 97654623
Internet Transmission Date: Mon Oct 31 08:41:27 ET 2022
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20221031084129383
558-97654623-820aa7d9c8b3056b43e9f3b5a51
5a218568ef5dc904199a14d57b496ef8b1ee2dc-
DA-41272618-20221028172013857242