To: | JDA Software Group, Inc. (trademarks@ipla.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 86451349 - INTELLIGENT FULFILLMENT - N/A |
Sent: | 12/22/2014 5:25:21 PM |
Sent As: | ECOM109@USPTO.GOV |
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UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 86451349
MARK: INTELLIGENT FULFILLMENT
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: JDA Software Group, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.
ISSUE/MAILING DATE: 12/22/2014
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
Summary of Issues:
Search Results
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
Section 2(e)(1) Refusal – Mark is Merely Descriptive
In this case, the applicant seeks registration of INTELLIGENT FULFILLMENT for the following goods and services: “Computer software for managing supply and demand chains in the retail, grocery, wholesale distribution, and manufacturing industries; Computer software for managing and planning operations, resource allocation, inventory, customers, customer service, customer orders, purchase orders, transfer orders, pricing and revenue; Computer software used for managing production, scheduling, and transportation and shipping logistics; Computer software used for managing, mining, analyzing and reporting business data, verifying prices, ordering inventory, and operating retail stores and warehouses; Computer software used for workforce management and time and attendance tracking; Application service provider, namely, hosting, managing, developing, and maintaining applications and software for managing supply and demand chains in the retail, grocery, wholesale distribution, and manufacturing industries; Application service provider, namely, hosting, managing, developing, and maintaining applications and software for managing and planning operations, resource allocation, inventory, customers, customer service, customer orders, purchase orders, transfer orders, pricing and revenue; Application service provider, namely, hosting, managing, developing, and maintaining applications and software for managing production, scheduling, and transportation and shipping logistics; Application service provider, namely, hosting, managing, developing, and maintaining applications and software for managing, mining, analyzing and reporting business data, verifying prices, ordering inventory, and operating retail stores and warehouses; Application service provider, namely, hosting, managing, developing, and maintaining applications and software used for workforce management and time and attendance tracking.”
“Whether consumers could guess what the product [or service] is from consideration of the mark alone is not the test.” In re Am. Greetings Corp., 226 USPQ 365, 366 (TTAB 1985).
The applicant’s described goods and services relate to order fulfillment software and ASP services. In that context, the notion of INTELLIGENT FULFILLMENT would be immediately recognized among prospective customers as descriptive of such goods and services.
INTELLIGENT refers to something that is “guided or controlled by a computer; especially : using a built-in microprocessor for automatic operation, for processing of data, or for achieving greater versatility.” http://www.merriam-webster.com/dictionary/intelligent.
FULFILLMENT is “the act or process of delivering a product (as a publication) to a customer.” http://www.merriam-webster.com/dictionary/fulfillment.
As the attached third party website excerpts demonstrate, the relevant sector is familiar with software-based order fulfillment and would connect the applied-for mark to the listed services.
In sum, the mark merely describes the goods/services and registration must be refused on that basis.
Trademark Examining Attorney
Law Office 109
Telephone: 571.272.9287
Email: heather.thompson1@uspto.gov
TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.