Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1198643
`03/24/2022
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`
`Opposer information
`
`Name
`
`Entity
`
`Address
`
`Attorney informa-
`tion
`
`NOVARAD CORPORATION
`
`Corporation
`
`Citizenship
`
`Utah
`
`3152 NORTH UNIVERSITY AVENUE
`SUITE 200
`PROVO, UT 84604
`UNITED STATES
`
`RACHEL JACQUES
`MASCHOFF BRENNAN
`1389 CENTER DRIVE
`SUITE 300
`PARK CITY, UT 84098
`UNITED STATES
`Primary email: rjacques@mabr.com
`Secondary email(s): docket@mabr.com
`435-252-1360
`
`Docket no.
`
`N3039.00054
`
`Applicant information
`
`Application no.
`
`90452579
`
`Opposition filing
`date
`
`Applicant
`
`03/24/2022
`
`NovaSignal Corp.
`SUITE 115
`2440 S. SEPULVEDA BLVD.
`LOS ANGELES, CA 90064
`UNITED STATES
`
`Goods/services affected by opposition
`
`Publication date
`
`03/08/2022
`
`Opposition period
`ends
`
`04/07/2022
`
`Class 009. First Use: Oct 2, 2020 First Use In Commerce: Oct 2, 2020
`All goods and services in the class are opposed, namely: Headsets for use with computers
`
`Class 010. First Use: Oct 2, 2020 First Use In Commerce: Oct 2, 2020
`All goods and services in the class are opposed, namely: Medical devices, namely, devices for meas-
`uring cerebral blood flow; medical apparatus and instruments for measuring cerebral blood flow to as-
`sess and enable treatment of diseases and disorders that can be monitored via blood flow in the
`brain; medical devices for assessment of neurological conditions; medical devices for enabling treat-
`ment of diseases and disorders that can be monitored via bloodflow in the brain; medical devices for
`ultrasonography; medical devices, namely, transcranial doppler ultrasound (TCD) devices; medical
`imaging devices for thebrain; medical devices for automated assessment of medical conditions; med-
`ical ultrasound apparatus; diagnostic headsets for medical use for assessing medical conditions, for
`assessing diseases and disorders that can be monitored via bloodflow in the brain, and for measuring
`cerebral blood flow; medical devices, namely, diagnostic headsets for assessing medical conditions,
`
`

`

`for assessing diseasesand disorders that can be monitored viablood flow in the brain, and for meas-
`uring cerebral blood flow
`
`Applicant information
`
`Application no.
`
`90452570
`
`Opposition filing
`date
`
`Applicant
`
`03/24/2022
`
`NovaSignal Corp.
`SUITE 115
`2440 S. SEPULVEDA BLVD.
`LOS ANGELES, CA 90064
`UNITED STATES
`
`Goods/services affected by opposition
`
`Publication date
`
`03/08/2022
`
`Opposition period
`ends
`
`04/07/2022
`
`Class 009. First Use: Dec 11, 2020 First Use In Commerce: Dec 11, 2020
`All goods and services in the class are opposed, namely: Downloadable software using artificial intel-
`ligence (AI) in healthcare/medical field to assess medical conditions; computer hardware and down-
`loadable software,for use with medical patient monitoringequipment, for receiving, processing, trans-
`mitting and displaying data; Downloadable computer software for providing anon-line database in the
`field of transaction processing to upload transactionaldata, provide statistical analysis, produce noti-
`fications and reports and integrate data from other software and medical devices; headsets for use
`with computers; downloadable application programminginterface (API) software used to assessdis-
`eases and disorders that can be monitored via blood flow in the brain, investigate efficacy of various
`drugs, and enable treatment of medical conditions.; Downloadable software and mobile application
`for viewing patient files and medical test results; downloadable software and mobile application for
`use with medical assessment equipment, namely, ultrasound and transcranial ultrasound systems;
`downloadable software and mobile application for editing and creating patient files, patient reports,
`medical test result reports; downloadable software and mobile application for monitoring, alerting,
`and assessing patient data, diagnosticsigns and vital signs in real time; downloadable software and
`mobile application for use with medical patient monitoring equipment, for receiving, processing, trans-
`mitting and displaying data for usein the assessment of diseases and disorders that can be monitored
`via blood flow in the brain
`
`Class 010. First Use: Dec 11, 2020 First Use In Commerce: Dec 11, 2020
`All goods and services in the class are opposed, namely: Medical devices, namely, devices for meas-
`uring cerebral blood flow; medical apparatus and instruments for measuring cerebral blood flow to as-
`sess and enable treatment of diseases and disorders that can be monitored via blood flow in the
`brain; medical devices for assessment of diseases and disorders that can be monitored via blood
`flow in the brain; medicaldevices for enabling treatment of diseases and disorders that can be mon-
`itored via blood flow in the brain; medical devices for ultrasonography; medical devices, namely, tran-
`scranial doppler ultrasound (TCD) devices; medical imaging devices for the brain; medical devices for
`automated assessment of medical conditions;medical ultrasound apparatus; diagnostic headsets for
`medical use for assessingmedical conditions, for assessing diseases and disorders that can be mon-
`itored via blood flow in the brain, and for measuring cerebral blood flow; medical devices, namely,
`diagnostic headsets for assessing medical conditions, for assessingdiseases and disorders that can
`be monitored via blood flow in the brain, and for measuring cerebral blood flow; medical robots with
`ultrasound apparatus for assessing diseases and disorders that canbe monitored via blood flow in the
`brain, and for measuring cerebral blood flow; Single use medical diagnostic kits foruse with a trans-
`cranial doppler ultrasound scan comprised of head cradle foam pad, head restraint foam pad, probe
`pod cover set, registration dots
`
`Class 042. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Providing online non-downloadable com-
`puter software for viewing patient files and medical test results; providing online non-downloadable
`computer software foruse with medical assessment equipment, namely, ultrasound and transcranial
`ultrasound systems; Providing online non-downloadable computer software for editing and creating
`patient files, patient reports, medical test result reports; Providing online non-downloadable computer
`software for monitoring, alerting, and assessing patient data, diagnostic signs andvital signs in real
`
`

`

`time; Providing online non-downloadable computer software for use with medical patient monitoring
`equipment, for receiving, processing, transmitting and displaying data for use inthe assessment of
`diseases and disorders that can be monitored via blood flow in the brain
`
`Applicant information
`
`Application no.
`
`90452549
`
`Opposition filing
`date
`
`Applicant
`
`03/24/2022
`
`NovaSignal Corp.
`SUITE 115
`2440 S. SEPULVEDA BLVD.
`LOS ANGELES, CA 90064
`UNITED STATES
`
`Goods/services affected by opposition
`
`Publication date
`
`03/01/2022
`
`Opposition period
`ends
`
`03/31/2022
`
`Class 010. First Use: Aug 24, 2020 First Use In Commerce: Aug 24, 2020
`All goods and services in the class are opposed, namely: Single use medical kits for use with a trans-
`cranial doppler ultrasound scan comprised of head cradle foam pad, head restraint foam pad, probe
`pod cover set, registration dots
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Marks cited by opposer as basis for opposition
`
`U.S. registration
`no.
`
`3390640
`
`Register
`
`Principal
`
`Registration date
`
`03/04/2008
`
`Word mark
`
`Design mark
`
`NOVARAD
`
`Application date
`
`09/21/2006
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: Aug 31, 1998 First Use In Commerce: Aug 31,
`1998
`Computer programs, computer software and associated instruction manuals
`sold asa unit for entering, acquiring, capturing, scanning, retrieving, storing,
`archiving, filing, organizing, controlling, managing, accessing, searching, view-
`ing, analyzing, comparing, scrolling, zooming, enlarging, rotating, leveling, modi-
`fying, annotating tracking, securing, reporting, duplicating, printing, file sharing,
`transmitting and transferring radiological, digital and medical images and medic-
`al and patient data in the fields of medical imaging, radiological imaging, digital
`
`

`

`imaging, medical imaging systems,radiological imaging systems, digital imaging
`systems, picture archiving communication systems, nuclear medicine, magnetic
`resonance imaging, ultra sound, and computed radiology modalities
`Class 042. First use: First Use: Aug 31, 1998 First Use In Commerce: Aug 31,
`1998
`Computer programming services, computersoftware programming services,
`computersoftware installation services, technical support services, namely,
`troubleshooting of computer hardware and software problems, computer soft-
`ware maintenance services, and computer and computer software consulting
`services, all in the fields of medical imaging, radiological imaging, digital ima-
`ging, medical imaging systems, radiological imaging systems, digital imaging
`systems, picture archiving communication systems, computer systems,computer
`hardware, computer workstations, computer servers, medical imaging system
`hardware, radiological imaging system hardware, digital imaging system hard-
`ware, picture archived and communicationssystems, nuclear medicine, magnetic
`resonance imaging, ultra sound, computed radiology modalities, entering medic-
`al andpatient data, storing medical and patient data, archiving medical and pa-
`tient data, reporting and medical and patient data, transmitting medical and pa-
`tient data, and acquiring, capturing, retrieving, organizing, tracking, analyzing,
`viewing, enlarging, rotating, modifying, annotating, storing, securing, duplicating,
`printing and transmitting radiological images
`
`U.S. registration
`no.
`
`3390641
`
`Register
`
`Principal
`
`Registration date
`
`03/04/2008
`
`Word mark
`
`Design mark
`
`NOVAPACS
`
`Application date
`
`09/21/2006
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: Mar 31, 2002 First Use In Commerce: Mar 31,
`2002
`Computer programs, computer software and associated instruction manuals
`sold asa unit for entering, acquiring, capturing, scanning, retrieving, storing,
`archiving, filing, organizing, controlling, managing, accessing, searching, view-
`ing, analyzing, comparing, scrolling, zooming, enlarging, rotating, leveling, modi-
`fying, annotating tracking, securing, reporting, duplicating, printing, file sharing,
`transmitting and transferring radiological, digital and medical images and medic-
`al and patient data in the fields of medical imaging, radiological imaging, digital
`imaging, medical imaging systems,radiological imaging systems, digital imaging
`systems, picture archiving communication systems, nuclear medicine, magnetic
`resonance imaging, ultra sound, and computed radiology modalities
`
`U.S. registration
`no.
`
`5018166
`
`Application date
`
`03/22/2012
`
`

`

`Register
`
`Principal
`
`Registration date
`
`08/09/2016
`
`Word mark
`
`Design mark
`
`NOVASCAN
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: Dec 31, 2003 First Use In Commerce: Dec 31,
`2003
`Computer programs, computer software, and associated instruction manuals
`sold and distributed therewith as a unit, for scanning, entering, acquiring, receiv-
`ing, capturing, retrieving, converting, digitizing, controlling, managing, pro-
`cessing, storing, distributing, transmitting and transferring medical, radiological
`and digital images, films and videos and medical, radiological, digital and patient
`documents, data and information for use in the fields of medical imaging, radi-
`ological imaging, digital imaging, medical imaging systems, radiological imaging
`systems, digital imaging systems, picture archiving and communication sys-
`tems,patient information systems, digital communications, image management,
`data management, document management, information management, x-ray
`imaging, magnetic resonance imaging, ultra sound, computed radiology modalit-
`ies, and management and tracking of patient images, films, videos, documents
`and data
`
`U.S. registration
`no.
`
`5398865
`
`Register
`
`Principal
`
`Registration date
`
`02/13/2018
`
`Word mark
`
`Design mark
`
`NOVA RIS
`
`Application date
`
`02/28/2013
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of The word "Nova" inlower case with the "N" capitalized an-
`dthe word "RIS" in all capitals.
`
`Class 042. First use: First Use: Sep 8, 2003 First Use In Commerce: Sep 8,
`2003
`Providing online non-downloadable internet based software applications for
`scanning, capturing, registering, analyzing,financially analyzing, comparing,
`scrolling, enlarging, rotating, managing, tracking, modifying, annotating, deleting,
`reporting, storing, archiving and distributing medical, radiological and digitalim-
`ages, films and videos, for use in the fields of medical imaging, radiological ima-
`
`

`

`ging, digital imaging, medical imaging systems, radiological imaging systems,
`medical image management, x-ray imaging, magnetic resonance imaging, and
`ultra sound
`
`U.S. registration
`no.
`
`5108676
`
`Register
`
`Principal
`
`Registration date
`
`12/27/2016
`
`Word mark
`
`Design mark
`
`NOVAORTHO
`
`Application date
`
`05/10/2016
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 042. First use: First Use: Mar 31, 2010 First Use In Commerce: Mar 31,
`2010
`Software as a service (SAAS) services, application service provider (ASP) ser-
`vices, cloudhosting provider services, software hosting services, and providing
`online internet based software applications, all featuring software for use in pic-
`ture-archiving and communication systemsand patient information systems, and
`for managing, controlling, acquiring, receiving, retrieving, accessing, viewing,
`reading, analyzing, comparing, tracking, organizing, searching, processing,
`modifying, securing, reporting, presenting, displaying, storing, archiving, distrib-
`uting and transferring medical, radiological and digital images, films and
`videos,and medical, radiological, digital and patient data, documents and inform-
`ation,all in the fields of medical imaging, radiological imaging, digital imaging,
`medical imaging systems, radiological imaging systems, digital imaging sys-
`tems, picture archiving and communication systems, patient information sys-
`tems, digital communications. image management, data management, docu-
`ment management, information management, x-ray imaging, magnetic reson-
`ance imaging, ultra sound, computedradiology modalities, efficiency manage-
`ment and tracking, workflow management and tracking, report management and
`tracking, and dictation and auto transcription; and providing consulting services
`andtechnical support services relating to the utilization of software in picture-
`archiving and communication systems and patient information systems, and in
`managing, controlling, acquiring, receiving, retrieving, accessing, viewing, read-
`ing,analyzing, comparing, tracking, organizing, searching, processing, modify-
`ing, securing, reporting, presenting, displaying, storing, archiving, distributing an-
`dtransferring medical, radiological and digital images, films and videos, and
`medical, radiological, digital and patientdata, documents and information, all
`inthe fields of medical imaging, radiological imaging, digital imaging, medical
`imaging systems, radiological imaging systems, digital imaging systems, picture
`archiving and communication systems, patient information systems, digital com-
`munications, image management, data management, document management,
`information management, x-ray imaging, magnetic resonance imaging, ultra
`sound, computed radiology modalities, efficiency management and tracking,
`workflow management and tracking, report management and tracking, and dic-
`
`

`

`tation and auto transcription
`
`U.S. registration
`no.
`
`4859955
`
`Register
`
`Principal
`
`Registration date
`
`11/24/2015
`
`Word mark
`
`Design mark
`
`NOVAMG
`
`Application date
`
`11/09/2011
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: Apr 19, 2010 First Use In Commerce: Apr 19,
`2010
`Computer programs, computer software, and associated instruction manuals
`sold and distributed therewith as a unit, for acquiring, receiving, retrieving, ac-
`cessing, viewing, reading, analyzing, comparing, scrolling, zooming, enlarging,
`rotating, controlling, managing, tracking, filing, organizing, searching, pro-
`cessing, modifying, converting, annotating, deleting, securing, reporting,
`presenting, displaying, storing, archiving, distributing, transmitting and transfer-
`ring medical, radiological and digital images, films and videos, and medical, radi-
`ological, digital, patient and department data,documents and information, for use
`in the fields of medical imaging, radiological imaging, digital imaging, medical
`imaging systems, radiological imaging systems, digital imaging systems, picture
`archiving and communication systems, radiology information systems, patient in-
`formation systems, digital communications, image management, data manage-
`ment, document management, information management, x-ray imaging, mag-
`netic resonance imaging,ultra sound computed radiology modalities, and report
`management and tracking
`
`U.S. registration
`no.
`
`4358705
`
`Register
`
`Principal
`
`Registration date
`
`06/25/2013
`
`Word mark
`
`NOVACARDIO
`
`Application date
`
`11/09/2011
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: Jun 5, 2011 First Use In Commerce: Jun 5, 2011
`computer programs, computer software, and associated instruction manuals
`sold and distributed therewith as a unit, for acquiring, receiving, retrieving, ac-
`cessing, viewing, reading, analyzing, comparing, scrolling, zooming, enlarging,
`rotating, controlling, managing, tracking, filing, organizing, searching, pro-
`cessing, modifying, converting, annotating, deleting, securing, reporting,
`presenting, displaying, storing, archiving, distributing, transmitting and transfer-
`ring medical, radiological and digital images, films and videos, and medical, radi-
`ological, digital, patient and department data,documents and information, for use
`in the fields of medical imaging, digital imaging, medical imaging systems, digital
`imaging systems, picture archiving and communication systems, patient inform-
`ation systems, digital communications, imagemanagement, data management,
`document management, information management, x-rayimaging, magnetic res-
`onance imaging, ultra sound, computed radiology modalities, and report man-
`agement and tracking
`
`U.S. registration
`no.
`
`4859956
`
`Register
`
`Principal
`
`Registration date
`
`11/24/2015
`
`Word mark
`
`Design mark
`
`NOVAPRO
`
`Application date
`
`11/09/2011
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: Apr 30, 2011 First Use In Commerce: Apr 30,
`2011
`Computer programs, computer software, and associated instruction manuals
`distributed therewith and sold as a unit, for scanning, entering, acquiring, receiv-
`ing, capturing, retrieving, accessing, registering, dictating, viewing, reading, ana-
`lyzing, financially analyzing, comparing, scrolling, zooming, enlarging, rotating,
`controlling, managing, tracking, filing, organizing, searching, processing, modify-
`
`

`

`ing, converting, annotating, deleting, securing, reporting, duplicating, printing,
`presenting, displaying, storing, archiving, distributing, transmitting and transfer-
`ring medical, radiological and digital images, films and videos, andmedical, radi-
`ological, digital, patientand department data, documents and information, for use
`in the fields of medical imaging, radiological imaging, digitalimaging, medical
`imaging systems, radiological imaging systems, digital imagingsystems, picture
`archiving and communication systems, radiology information systems, patient in-
`formation systems, digital communications, image management, data manage-
`ment, document management, information management, x-ray imaging, mag-
`netic resonance imaging, ultra sound, computed radiology modalities, personnel
`management and tracking, quality and efficiency management and tracking,
`profitability management and tracking, and report management and tracking
`
`U.S. registration
`no.
`
`4330572
`
`Register
`
`Principal
`
`Registration date
`
`05/07/2013
`
`Word mark
`
`Design mark
`
`NOVADASH
`
`Application date
`
`03/22/2012
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: Feb 28, 2011 First Use In Commerce: Feb 28,
`2011
`Computer programs, computer software, and associated instruction manuals
`sold and distributed as a unit, for providing radiology information systems and
`radiology management systems, and for managing, collecting data and informa-
`tion, viewing data and information, analyzing, reviewing, monitoring, tracking,
`comparing, measuring performance, identifying trends, confirming compliance,
`improving, assessing financial performance, assessing profitability, increasing
`profitability,assessing quality and efficiency, making projections, making correc-
`tions, storing data, reporting results, charting, preparing charts and graphs,
`providing dashboard reports, communicating data and information, distributing
`data and information, summarizing performance, providing updates, and provid-
`ing real time information and data, with respect to radiology businesses, radi-
`ology departments, radiology services, radiology work product, medical imaging,
`radiological imaging,digital imaging, radiology activities, radiology operations, ra-
`diology financials, radiology staff, radiologists, physicians, radiology facilities, ra-
`diology rooms, radiology room utilization, radiology modalities, peer review, re-
`ferring physicians, referrals, patients, patient scheduling, patient cancellations,
`patient admissions, patient volume, patient status, and patient data and informa-
`tion
`
`U.S. registration
`no.
`
`5480745
`
`Register
`
`Principal
`
`Application date
`
`10/25/2017
`
`

`

`Registration date
`
`05/29/2018
`
`Word mark
`
`Design mark
`
`NOVADOSE
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: Oct 10, 2011 First Use In Commerce: Oct 10,
`2011
`Radiation dose monitoring software; radiation dose monitoring software for cre-
`ating a patient radiation dose profile; radiation dose monitoring software for col-
`lecting, evaluating, managing and reporting information regarding patient radi-
`ation dose levels; radiation dose monitoring software for identifying devices an-
`dexamination procedures that exceed patient radiation dose specifications
`
`U.S. registration
`no.
`
`5508571
`
`Register
`
`Principal
`
`Registration date
`
`07/03/2018
`
`Word mark
`
`Design mark
`
`NOVA3D+
`
`Application date
`
`12/11/2017
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: Dec 31, 2012 First Use In Commerce: Dec 31,
`2012
`Software for 3D image processing, viewing and analysis
`
`U.S. registration
`no.
`
`4795893
`
`Register
`
`Principal
`
`Registration date
`
`08/18/2015
`
`Word mark
`
`NOVARAD MOBILERAD
`
`Application date
`
`10/24/2013
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: Aug 8, 2012 First Use In Commerce: Aug 8,
`2015
`Computer software [ and hardware systems, ], namely, [ computer programs, ]
`computer software, associated instruction manuals sold as a unit, [ computers,
`computer display screens, medical image viewers, radiological image viewers,
`digitalimage viewers, film image viewers, video image viewers, report image
`viewers, information viewers, and viewer components and accessories, ] used
`by radiologists, physicians and medical personnel, with all of the foregoing used
`for the purpose of accessing, viewing, displaying, analyzing, comparing,
`scrolling, enlarging, reducing, measuring, sorting and securing medical, radiolo-
`gical and digital images, films, videos, image reports and information in the med-
`ical and radiological fields
`
`Related proceed-
`ings
`
`The parties are involved in Opposition Nos. 91270131 (parent case) and
`91272029 both of which are suspended in view of federal litigation between the
`parties pending in the U.S. District Court, Central District of California, Case No.
`2:22-cv- 01077, filed on February 16, 2022 and which involves identical trade-
`marks as involved in this proceeding.
`
`Attachments
`
`77004155#TMSN.png( bytes )
`77004504#TMSN.png( bytes )
`85577450#TMSN.png( bytes )
`85863458#TMSN.png( bytes )
`87031050#TMSN.png( bytes )
`85468159#TMSN.png( bytes )
`85468246#TMSN.png( bytes )
`85468432#TMSN.png( bytes )
`85577378#TMSN.png( bytes )
`87659554#TMSN.png( bytes )
`87715682#TMSN.png( bytes )
`86100254#TMSN.png( bytes )
`N3039.00054 Notice of Opposition Against Novabot NovaGuide NovaKit.pd
`f(903340 bytes )
`
`Signature
`
`/Rachel Jacques/
`
`Name
`
`Date
`
`Rachel Jacques
`
`03/24/2022
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`Application Serial No. 90/452,579
`Mark: NOVABOT
`Filing Date: January 7, 2021
`Publication Date: March 8, 2022
`Classes: 9, 10
`
`Application Serial No. 90/452,570
`Mark: NOVAGUIDE
`Filing Date: January 7, 2021
`Publication Date: March 8, 2022
`Classes: 9, 10, 42
`
`Application Serial No. 90/452,549
`Mark: NOVAKIT
`Filing Date: January 7, 2021
`Publication Date: March 1, 2022
`Classes: 10
`
`
`
`NOVARAD CORPORATION,
`
`
`
`
`
`
`
`
`Opposer,
`
`
`Opposition No.: ________________
`
`
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`vs.
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`NOVASIGNAL CORP.,
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` Applicant.
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`NOTICE OF OPPOSITION
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`Opposer Novarad Corporation (“Novarad”), a Corporation of Utah, having an address of
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`3152 North University Avenue, Suite 200, Provo, Utah 84604, believes that it is or will be
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`damaged by the registration of Application Serial Nos:. 90/452,579 for the mark NOVABOT,
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`90/452,570 for the mark NOVAGUIDE and 90/452,549 for the mark NOVAKIT, as owned by
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`1
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`

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`NovaSignal Corp., a Corporation of Delaware, having an address of 2440 S. Sepulveda Blvd.,
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`Suite 115, Los Angeles, California 90064 (“Applicant”), and hereby opposes the same.
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`As grounds for relief, Novarad alleges as follows:
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`I.
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`BACKGROUND FACTS
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`1.
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`Novarad provides software solutions and various software related services for the
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`medical and healthcare sectors.
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`2.
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`Since at least as early as 1998, Novarad has provided its goods and services under
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`the NOVARAD trademark throughout the United States thereby establishing substantial
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`common law rights.
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`3.
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`The NOVARAD trademark is further registered with the United States Patent and
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`Trademark Office as Reg. No. 3,390,640 since March 4, 2008 in Classes 9 for “Computer
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`programs, computer software and associated instruction manuals sold as a unit for entering,
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`acquiring, capturing, scanning, retrieving, storing, archiving, filing, organizing, controlling,
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`managing, accessing, searching, viewing, analyzing, comparing, scrolling, zooming, enlarging,
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`rotating, leveling, modifying, annotating tracking, securing, reporting, duplicating, printing, file
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`sharing, transmitting and transferring radiological, digital and medical images and medical and
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`patient data in the fields of medical imaging, radiological imaging, digital imaging, medical
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`imaging systems, radiological imaging systems, digital imaging systems, picture archiving
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`communication systems, nuclear medicine, magnetic resonance imaging, ultra sound, and
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`computed radiology modalities” and in Class 42 for “Computer programming services, computer
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`software programming services, computer software installation services, technical support
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`services, namely, troubleshooting of computer hardware and software problems, computer
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`software maintenance services, and computer and computer software consulting services, all in
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`2
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`

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`the fields of medical imaging, radiological imaging, digital imaging, medical imaging systems,
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`radiological imaging systems, digital imaging systems, picture archiving communication
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`systems, computer systems, computer hardware, computer workstations, computer servers,
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`medical imaging system hardware, radiological imaging system hardware, digital imaging
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`system hardware, picture archived and communications systems, nuclear medicine, magnetic
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`resonance imaging, ultra sound, computed radiology modalities, entering medical and patient
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`data, storing medical and patient data, archiving medical and patient data, reporting and medical
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`and patient data, transmitting medical and patient data, and acquiring, capturing, retrieving,
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`organizing, tracking, analyzing, viewing, enlarging, rotating, modifying, annotating, storing,
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`securing, duplicating, printing and transmitting radiological images.” Reg. No. 3,390,640 is
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`valid and Novarad’s rights to the NOVARAD trademark have become incontestable. A current
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`status copy of Reg. No. 3,390,640 is attached hereto and pleaded into the record.
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`4.
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`Novarad also owns the following registered trademarks, including all common
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`law rights, that are used to market and sell its goods and services and current status copies of all
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`the following registered trademarks are attached hereto and pleaded into the record:
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`Trademark
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`NOVAPACS
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`Reg. No.
`and
`Registration
`Date
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`3,390,641
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`March 4,
`2008
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`Goods/Services
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`Class 9: Computer programs, computer software and
`associated instruction manuals sold as a unit for entering,
`acquiring, capturing, scanning, retrieving, storing,
`archiving, filing, organizing, controlling, managing,
`accessing, searching, viewing, analyzing, comparing,
`scrolling, zooming, enlarging, rotating, leveling,
`modifying, annotating tracking, securing, reporting,
`duplicating, printing, file sharing, transmitting and
`transferring radiological, digital and medical images and
`medical and patient data in the fields of medical imaging,
`radiological imaging, digital imaging, medical imaging
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`
`
`3
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`

`

`NOVASCAN
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`5,018,166
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`August 9,
`2016
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`NOVA RIS
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`5,398,865
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`February 13,
`2018
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`NOVAORTHO
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`5,108,676
`
`December
`27, 2016
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`systems, radiological imaging systems, digital imaging
`systems, picture archiving communication systems, nuclear
`medicine, magnetic resonance imaging, ultra sound, and
`computed radiology modalities
`Class 9: Computer programs, computer software, and
`associated instruction manuals sold and distributed
`therewith as a unit, for scanning, entering, acquiring,
`receiving, capturing, retrieving, converting, digitizing,
`controlling, managing, processing, storing, distributing,
`transmitting and transferring medical, radiological and
`digital images, films and videos and medical, radiological,
`digital and patient documents, data and information for use
`in the fields of medical imaging, radiological imaging,
`digital imaging, medical imaging systems, radiological
`imaging systems, digital imaging systems, picture
`archiving and communication systems, patient information
`systems, digital communications, image management, data
`management, document management, information
`management, x-ray imaging, magnetic resonance imaging,
`ultra sound, computed radiology modalities, and
`management and tracking of patient images, films, videos,
`documents and data
`Class 42: Providing online non-downloadable internet
`based software applications for scanning, capturing,
`registering, analyzing, financially analyzing, comparing,
`scrolling, enlarging, rotating, managing, tracking,
`modifying, annotating, deleting, reporting, storing,
`archiving and distributing medical, radiological and digital
`images, films and videos, for use in the fields of medical
`imaging, radiological imaging, digital imaging, medical
`imaging systems, radiological imaging systems, medical
`image management, x-ray imaging, magnetic resonance
`imaging, and ultra sound
`Class 42: Software as a service (SAAS) services,
`application service provider (ASP) services, cloudhosting
`provider services, software hosting services, and providing
`online internet based software applications, all featuring
`software for use in picture-archiving and communication
`systems and patient information systems, and for
`managing, controlling, acquiring, receiving, retrieving,
`accessing, viewing, reading, analyzing, comparing,
`tracking, organizing, searching, processing, modifying,
`securing, reporting, presenting, displayi