| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 07/31/2017) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 86178951 |
| LAW OFFICE ASSIGNED | LAW OFFICE 108 |
| MARK SECTION | |
| MARK | http://uspto.report/TM/86178951/mark.png |
| LITERAL ELEMENT | MAP |
| 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) | |
|
We are pleased that no conflicting marks were found that would bar registration for the mark MAP in International Class 9.
The mark is an acronym for Manager Access Point, not Managed Access Point.
Applicant requests reconsideration of the Section 2(e)(1) Refusal to register on the basis that the mark MAP is merely descriptive. The refusal was apparently based on the mistaken position that the mark is an acronym for Managed Access Point.
Please see the attachment hereto under Tab A which specifies that MAP is a WEB program that - provides extensive user management capabilities to allow and track access to individual benefit information on a role defined basis.
In other words, the program is for human resource (HR) professionals engaged in benefit services, such as healthcare benefits, retirement benefits, etc. See the wording of the Attached Tab A,
“FLEX THE BRAIN. Our Manager Access Point is a web application that allows human resource managers, brokers and exchange providers to directly enroll clients and manage ongoing administration. This plan administrator’s tool features standard and ad hoc reporting, event and election inquiry, life-event processing, much more.” So clearly, applicant’s MAP mark is for software that is not an acronym for managed access point. Here are answers to the examiner’s questions: a. Applicant’s MAP software does not feature managed access points. b. Applicant’s MAP software does not feature technology that works with “managed access points.” c. Applicant’s software does not involve connecting to a wireless network. Applicant’s software involves connection to a World Wide Web (www) website, but not to a wireless network. Please use the following wording for the Identification of Goods: Software, namely a computer program that allows clients to access benefits enrollment services via the World Wide Web network. Please review the application by reference to the information and amendment to the identification of goods and pass it to publication. |
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME(S) | |
| ORIGINAL PDF FILE | evi_198207244102-20141106164535045343_._EMP003_Tab_A.pdf |
| CONVERTED PDF FILE(S) (2 pages) |
\\TICRS\EXPORT16\IMAGEOUT16\861\789\86178951\xml6\ROA0002.JPG |
| \\TICRS\EXPORT16\IMAGEOUT16\861\789\86178951\xml6\ROA0003.JPG | |
| DESCRIPTION OF EVIDENCE FILE | a download of the page from the company website that refers to the MAP application. |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Gary L. Bush/ |
| SIGNATORY'S NAME | Gary L. Bush |
| SIGNATORY'S POSITION | Attorney of Record/Texas Bar Member |
| SIGNATORY'S PHONE NUMBER | 713-220-4726 |
| DATE SIGNED | 11/06/2014 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Thu Nov 06 17:19:15 EST 2014 |
| TEAS STAMP | USPTO/ROA-XXX.XXX.XXX.XXX -20141106171915840456-861 78951-50038f010c5f9578577 b9326a7d898747cf6337917fb 625e07612379d629d91c29-N/ A-N/A-2014110616453504534 3 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 07/31/2017) |
We are pleased that no conflicting marks were found that would bar registration for the mark MAP in International Class 9.
The mark is an acronym for Manager Access Point, not Managed Access Point.
Applicant requests reconsideration of the Section 2(e)(1) Refusal to register on the basis that the mark MAP is merely descriptive. The refusal was apparently based on the mistaken position that the mark is an acronym for Managed Access Point.
Please see the attachment hereto under Tab A which specifies that MAP is a WEB program that -
provides extensive user management capabilities to allow and track access to individual benefit information on a role defined basis.
In other words, the program is for human resource (HR) professionals engaged in benefit services, such as healthcare benefits, retirement benefits, etc. See the wording of the Attached Tab A,
“FLEX THE BRAIN.
Our Manager Access Point is a web application that allows human resource managers, brokers and exchange providers to directly enroll clients and manage ongoing administration. This plan administrator’s tool features standard and ad hoc reporting, event and election inquiry, life-event processing, much more.”
So clearly, applicant’s MAP mark is for software that is not an acronym for managed access point.
Here are answers to the examiner’s questions:
a. Applicant’s MAP software does not feature managed access points.
b. Applicant’s MAP software does not feature technology that works with “managed access points.”
c. Applicant’s software does not involve connecting to a wireless network. Applicant’s software involves connection to a World Wide Web (www) website, but not to a wireless network.
Please use the following wording for the Identification of Goods:
Software, namely a computer program that allows clients to access benefits enrollment services via the World Wide Web network.
Please review the application by reference to the information and amendment to the identification of goods and pass it to publication.
