Providing online nondownloadable software for use in clinical trial protocol development in the nature of developing protocols for medical clinical trials and research. Class 42 is a service that allows software to be used for various purposeswith the software. Trademark class 9 is one of 45 classes used by the united states patent and trademark office uspto to classify products or services. All is good so far, until the applicants specimen is examined see above. To be acceptable for trademark registration purposes, a specimen must show the mark as used on or in connection with goods products sold in commerce. The first iteration, and still the most commonlyused, helps you identify. Providing temporary use of non downloadable computer software for retirement planning, in class 42. Jul 25, 2016 a specimen is supposed to show the trademark being used in conjunction with the goods or services listed in the trademark application i. A photocopy or other reproduction of a specimen of the mark as actually used on or in connection with the goods is acceptable. Well, class 42 is software thats essentially nondownloadable.
Continue reading posted in specimens, trademark portfolio management, trademark prosecution, uspto tagged specimens, trademark, trademark portfolio management, trademark prosecution, uspto tips and tricks. As part of its efforts to cut down on fraudulent trademark applications, the. Meeting the use in commerce requirement for a cloud. Meeting the use in commerce requirement for a cloudbased. Such a specimen is not acceptable for the socialnetworking services since it.
The board likened this case to online retailing cases in which a webpage specimen fails to provide a means for ordering the goods or services. How to register your software app name as a trademark nolo. Providing temporary use of online, nondownloadable software and applications for use as a. Mar 19, 2018 the uspto treats downloadable software as a class 9 good, and nondownloadable software as a class 42 service, even though the two versions of the software may be functionally identical. What is the difference between class 9 software and class 42. Valid specimens for cloud software commercial use for cloud software. This opinion is not a precedent of the ttab united states.
This sample proves that the company is using the claimed mark in connection and association with its company activities products or services. This trademark registration is intended to cover the categories of computer software application for access to audio, video, and multimedia content. The uspto treats downloadable software as a class 9 good, and nondownloadable software as a class 42 service, even though the two versions of the software may be functionally. While this may be a literal specimen of the sandwich, this is not the specimen the trademark office needs to register a trademark. A specimen is a means of providing proof of your goods or services to the uspto. Jan 14, 2011 to expand on my colleagues response, class 9 covers retail and downloadable software, class 42 covers computer services including temporary use of nondownloadable clientserver software, and class 38 covers a multipleuser access to a global computer network. Apr 29, 2014 class 9 is a software product that can be made and sold separately from other products or services. Thorcheck is a great, unique tool for comparative research. Data management services for use in debt collection, namely, electronic data collection and online claims management. Protocol kickstarter providing online nondownloadable software for use in managing data and information in the field of medical clinical trials and research. Class 9 is a software product that can be made and sold separately from other products or services. Application service provider, namely, managing applications, software, and websites of others in the fields of retirement planning and retirement benefits program management and administration.
For goods, a specimen shows your trademark as actually used in commerce with your existing goods in a way that directly associates the trademark with the goods. Trademark examining attorneys will be governed by the applicable statutes, the trademark rules of practice, decisions, and orders and notices issued by the under secretary of commerce for. Providing temporary use of online nondownloadable software for digitizing, enhancing, manipulating, editing, printing, storing, indexing and transmitting images, for ordering of photographic prints and. Covidmd is a trademark by fruit street health, public benefit corporation, the address on file for this trademark is 1402 marino way south, richmond, ca 94804. Apr 27, 2015 ic 042 providing temporary use of online nondownloadable cloud computing software for specify the function of the programs, e. For services, a specimen shows the trademark as actually used in commerce with your existing services in a way that directly associates the trademark with the services. If your application is a downloadable app as opposed to a nondownloadable. A specimen is an example of the trademark used in connection with the goods or. A specimen showing use of the trademark on a vehicle in which the goods are marketed to the relevant. If your application is a downloadable app as opposed to a nondownloadable service or platform, then you may need to file in a different class. Computer software for calculating the value of solar photovoltaic systems.
Downloadable software for calculating the value of solar photovoltaic systems. If your application is a downloadable app as opposed to a non. Classification and identification of goods and services. Oct 26, 2016 ic 042 providing temporary use of online nondownloadable cloud computing software for specify the function of the programs, e. Trademark class 9 classifies trademarks in nautical, scientific, surveying, cinematographic, photographic, measuring, signaling, and weighing devices. For example, a specimen could be an advertisement, brochure, website printout or other promotional material which shows your trademark used for the services, business signs. Continue reading posted in specimens, trademark portfolio management. This trademark was filed to uspto on saturday, march 21. Md is a trademark by fruit street health, public benefit corporation, the address on file for this trademark is 1402 marino way south, richmond, ca 94804. Ic 042 providing temporary use of online nondownloadable cloud computing software for specify the function of the programs, e. Since class 42 consists of scientific and technological services rather than goods, you need to submit proof of your. Specimens are not required with the initial filing of an intenttouse itu. Jun 29, 2016 all is good so far, until the applicants specimen is examined see above. Since class 42 consists of scientific and technological services rather than goods, you need to submit proof of your services on which the trademark is clearly visible.
Class 42 is a service that allows software to be used for various purposeswith the software tied into the service provider such as a website. Uspto posts service marks specimens examination guide. This trademark was filed to uspto on saturday, march 21, 2020. Ttab reverses rejection of downloadable software specimen. Providing temporary use of online, nondownloadable. Specimen is described as web printout and appears to show the mark used in. This trademark registration is intended to cover the categories of.
For cloudbased software or saas, specimens must show the uspto that the. Acceptable trademark specimens griggs bergen llp, trademark. To be acceptable for trademark registration purposes, a specimen must show the mark as used on or in connection with goods products sold in commerce that is regulated by congress, namely interstate, territorial, and commerce between the united states and a foreign country. The mark consists of a black square with rounded edges with a blue, purple, and pink stylized musical note in the center. Uspto tsdr case viewer united states patent and trademark. Providing temporary use of nondownloadable computer software for personalized, interactive television tv programming and for use in generating, displaying and manipulating visual media, graphic. If your program is a software as a service, a webapp, or otherwise has no. Trademark examining attorneys will be governed by the applicable statutes, the trademark rules of practice, decisions, and orders and notices issued by the under secretary of commerce for intellectual property and director of the united states patent and trademark office, commissioners, or deputy commissioners. How to meet the commercial use requirement for an app. Md trademark of fruit street health, public benefit.
Cloudlab cloud application testing services delivers ondemand scalable. Computer software providing social media tools through which users. Dec 17, 2012 the board likened this case to online retailing cases in which a webpage specimen fails to provide a means for ordering the goods or services. The specimen must show the mark as used on or in connection with the goods in commerce. To expand on my colleagues response, class 9 covers retail and downloadable software, class 42 covers computer services including temporary use of nondownloadable clientserver software, and class 38 covers a multipleuser access to a global computer network. Providing temporary use of nondownloadable computer software for retirement planning, in class 42. Cloudbased software and software as a service or saas, while sometimes thought of as software, is actually in a different class than a downloadable app or traditional software programs. A trademark specimen should be a label, tag, or container for the goods, or a display associated with the goods. Trademark search for an app or name of a software program. The manner of trademark use on a specimen must be such that potential customers would. Apple files trademark for revised itunes logo patently apple. Providing temporary use of nondownloadable computer software for personalized, interactive television tv programming and for use in generating, displaying and manipulating visual media, graphic images, photographs, illustrations, digital animation, video clips, film footage and audio data, and for social networking. Feb 28, 2019 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. Providing temporary use of nondownloadable computer software for.
The website should also have a clear download button or link to a online. In the case of trademark search for any type of software be it an app or saas, you should search in both classes. Specifically, the specimen shows a screenshot of a cell phone, indicating this is downloaded software in class 9 rather than website featuring nondownloadable software. If it is not readily apparent that the specimen meets the criteria for an. Trademarkservice mark application, principal register. For example, a specimen could be a label or tag attached to your goods that shows your trademark, a product container or packaging showing your trademark on the packaging, or a website. Annual report on global specimen solutionss revenue, growth.
For instance, an applicant may mistakenly file an application for online. Below are some tips for decoding three common specimen rejections issued by the uspto and finding a suitable example of use. Providing temporary use of online nondownloadable software and applications for specify the function of the programs, e. Trademark portfolio management archives tcam today. One trademarks covers connectivity and devices while the other. A specimen is supposed to show the trademark being used in conjunction with the goods or services listed in the trademark application i. Providing temporary use of online nondownloadable software for digitizing, enhancing, manipulating, editing, printing, storing, indexing and transmitting images, for ordering of photographic prints and albums over global computer networks, and for ordering and central storage of online photograph albums. If the website simply advertises the software without providing a way to download it, the specimen is unacceptable. This attachment is usually required for a section 1a usebased trademark application. Because software providers have adopted the practice of applying trademarks that are visible only when the software programs are displayed on a screen, see tmep 904. Md is a trademark and brand of fruit street health, public benefit corporation, 1402 marino way south, richmond, ca. For specimens showing use of the mark in rendering the services, an explicit, textual. Specimen is described as web printout and appears to show the mark used in rendering the services.
For downloadable software, copies of the instruction manual and screen printouts from 1 web pages showing the mark in connection with ordering or purchasing information or information sufficient to download the software, 2 the actual program that shows the mark in the title bar, or 3 launch screens that show the mark in an introductory. The specimen should show the trademark as it is claimed and used in the trademark application. Mark is shown in large font at the top of the webpage and in the middle of the webpage. In the past few years, many trademark practitioners have noticed an increase in the number of rejections for trademark specimens the documents that. Covidmd trademark fruit street health, public benefit. Such a specimen is acceptable only if it provides sufficient information to enable the user to download the software from the website. Two recent trademark decisions provide ammunition for. Patent and trademark office uspto, which is the federal agency that oversees the registration of federal trademarks, divides marks into 45 different classes of products or services the purpose. Section 1051a, the applicant is the owner of the trademark service mark sought to be registered. Apple files for apple watch studio trademark while being.
Response to trademark office action city of heroes. There are other things that it has, software consultancy, but this is nondownloadable, and class nine is downloadable. Patent and trademark office posted its final version of examination guide 314 on the topic of service mark specimens. A specimen, for trademark office purposes, shows the manner in which a mark is seen by the public.
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