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 07/31/2017) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 86164581 |
LAW OFFICE ASSIGNED | LAW OFFICE 105 |
MARK SECTION | |
MARK | http://uspto.report/TM/86164581/mark.png |
LITERAL ELEMENT | ISO CLAIMSEARCH DNA |
STANDARD CHARACTERS | YES |
USPTO-GENERATED IMAGE | YES |
MARK STATEMENT | The mark consists of standard characters, without claim to any particular font style, size or color. |
ARGUMENT(S) | |
Applicant respectfully submits that the specimen it submitted for its services in Class 42, namely, “providing temporary use of web-based non-downloadable software over a global computer network for providing information about insurance data and assisting with analysis of insurance information and detection of insurance fraud,” relates to the provision of services through web-based software. Although the specimen does not use the term “software,” the specimen describes the services in a manner sufficient to determine that the services are provided using software. For example, the specimen states that ISO CLAIMSEARCH DNA applies “entity analytics, an innovative method to resolve and connect similar identity records to generate a single entity view.” Analytics conducted on a system or entity would typically be executed using software. Moreover, the functionality of the web-based software is discussed in the specimen, which states that ISO CLAIMSEARCH DNA “detects networks proactively by using advanced algorithms to uncover hidden relationships across large data sets” and that “using predictive models, the system scores your networks and provides you with only the most suspicious networks.” “Advanced algorithms” used to uncover relationships within data would typically be implemented through use of software by a computer; they would not be implemented manually by Applicant. The specimen also discusses the fact that Applicant’s services assist with fraud detection – the specimen notes that fraud networks target insurance companies and explains that Applicant’s services “detect[] complete and suspicious networks of individuals and businesses.” Accordingly, when the statements in Applicant’s specimen are viewed as a whole, they communicate to consumers that Applicant’s services are provided through web-based software and that consumers would use such software to assist with fraud detection and analyzing insurance information. In view of the foregoing, Applicant respectfully requests that the Trademark Office reconsider the refusal of Applicant’s specimen. |
|
SIGNATURE SECTION | |
RESPONSE SIGNATURE | /Michael Friscia/ |
SIGNATORY'S NAME | Michael R. Friscia |
SIGNATORY'S POSITION | Attorney of record, NJ bar member |
SIGNATORY'S PHONE NUMBER | 973-622-4444 |
DATE SIGNED | 07/18/2017 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Tue Jul 18 17:59:15 EDT 2017 |
TEAS STAMP | USPTO/ROA-XX.XX.XX.XX-201 70718175915587538-8616458 1-510ca50227bfe6620438974 dab2e5d19af7cf8cd2ac1e559 cff9db57aba74cefd-N/A-N/A -20170718174342524881 |
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 07/31/2017) |
Applicant respectfully submits that the specimen it submitted for its services in Class 42, namely, “providing temporary use of web-based non-downloadable software over a global computer network for providing information about insurance data and assisting with analysis of insurance information and detection of insurance fraud,” relates to the provision of services through web-based software. Although the specimen does not use the term “software,” the specimen describes the services in a manner sufficient to determine that the services are provided using software. For example, the specimen states that ISO CLAIMSEARCH DNA applies “entity analytics, an innovative method to resolve and connect similar identity records to generate a single entity view.” Analytics conducted on a system or entity would typically be executed using software. Moreover, the functionality of the web-based software is discussed in the specimen, which states that ISO CLAIMSEARCH DNA “detects networks proactively by using advanced algorithms to uncover hidden relationships across large data sets” and that “using predictive models, the system scores your networks and provides you with only the most suspicious networks.” “Advanced algorithms” used to uncover relationships within data would typically be implemented through use of software by a computer; they would not be implemented manually by Applicant. The specimen also discusses the fact that Applicant’s services assist with fraud detection – the specimen notes that fraud networks target insurance companies and explains that Applicant’s services “detect[] complete and suspicious networks of individuals and businesses.”
Accordingly, when the statements in Applicant’s specimen are viewed as a whole, they communicate to consumers that Applicant’s services are provided through web-based software and that consumers would use such software to assist with fraud detection and analyzing insurance information. In view of the foregoing, Applicant respectfully requests that the Trademark Office reconsider the refusal of Applicant’s specimen.