| 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 09/20/2020) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 88040432 |
| LAW OFFICE ASSIGNED | LAW OFFICE 120 |
| MARK SECTION | |
| MARK | http://uspto.report/TM/88040432/mark.png |
| LITERAL ELEMENT | UGENIUS |
| 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 hereby responds to the Examiner’s Action dated November 5, 2018.
“Computer communications software to allow a remote teller interacting with a customer via video stream to access customer's bank account information and transact bank business, computer e-commerce software to allow users to perform electronic business transactions via a global computer network, computer software and programs for recording and processing financial transactions using an ITM (Interactive Teller Machine).”
Applicant has amended the identification to include the meaning of the acronym “ITM”.
Registration is refused under Trademark Act Section 2(d), 15 USC 1052(d). The Examiner has cited prior U.S. Registration Nos. 4,202,878 (FINANCEGENIUS), 4,692,776 (GENIUS), and 4,692,780 (GENIUS stylized).
With respect to Registration No. 4,202,878, an online search revealed a bankruptcy proceeding involving FinanceGenius, Inc., and the sale of its assets to IntelliEngines, Inc. Registration 4,202,878 has recently been cancelled on April 5, 2019. Therefore, the registration is no longer valid or applicable.
Regardless, confusion would be unlikely. A mobile app for applying for loans is different than Applicant’s remote teller software. As sophisticated purchasers, banking institutions interested in providing a mobile app to their customers to help them apply for loans would be able to easily distinguish Applicant’s remote teller software. Moreover, banking institutions would be able to easily distinguish NCR, a global technology leader in the banking industry, and its products.
With respect to Registration Nos. 4,692,776 and 4,692,780, an online search revealed that Total System Services, Inc., (TSYS) acquired Cayan, LLC. It appears that the term “Genius” is currently being applied by TSYS to payment terminals in merchant checkout locations. http://www.tsys.com/solutions/products-services/merchant/genius/. Since Applicant’s remote teller software is not sold to merchants for use in their checkout lanes, Applicant respectfully submits that there can be no confusion.
Applicant hereby requests withdrawal of the 2(d) refusal, and reconsideration and approval for registration of the subject application. |
|
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Paul W. Martin/ |
| SIGNATORY'S NAME | Paul W. Martin |
| SIGNATORY'S POSITION | Senior IP Attorney |
| SIGNATORY'S PHONE NUMBER | 678-808-5231 |
| DATE SIGNED | 05/02/2019 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Thu May 02 10:51:13 EDT 2019 |
| TEAS STAMP | USPTO/ROA-XXX.XXX.XXX.XX- 20190502105113126546-8804 0432-620fb35e72ce755edad4 fcf9de5a5853750265bc4bdef d8fef29aede5db665ca646-N/ A-N/A-2019050210400272257 5 |
| 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 09/20/2020) |
Applicant hereby responds to the Examiner’s Action dated November 5, 2018.
“Computer communications software to allow a remote teller interacting with a customer via video stream to access customer's bank account information and transact bank business, computer e-commerce software to allow users to perform electronic business transactions via a global computer network, computer software and programs for recording and processing financial transactions using an ITM (Interactive Teller Machine).”
Applicant has amended the identification to include the meaning of the acronym “ITM”.
Registration is refused under Trademark Act Section 2(d), 15 USC 1052(d). The Examiner has cited prior U.S. Registration Nos. 4,202,878 (FINANCEGENIUS), 4,692,776 (GENIUS), and 4,692,780 (GENIUS stylized).
With respect to Registration No. 4,202,878, an online search revealed a bankruptcy proceeding involving FinanceGenius, Inc., and the sale of its assets to IntelliEngines, Inc. Registration 4,202,878 has recently been cancelled on April 5, 2019. Therefore, the registration is no longer valid or applicable.
Regardless, confusion would be unlikely. A mobile app for applying for loans is different than Applicant’s remote teller software. As sophisticated purchasers, banking institutions interested in providing a mobile app to their customers to help them apply for loans would be able to easily distinguish Applicant’s remote teller software. Moreover, banking institutions would be able to easily distinguish NCR, a global technology leader in the banking industry, and its products.
With respect to Registration Nos. 4,692,776 and 4,692,780, an online search revealed that Total System Services, Inc., (TSYS) acquired Cayan, LLC. It appears that the term “Genius” is currently being applied by TSYS to payment terminals in merchant checkout locations. http://www.tsys.com/solutions/products-services/merchant/genius/. Since Applicant’s remote teller software is not sold to merchants for use in their checkout lanes, Applicant respectfully submits that there can be no confusion.
Applicant hereby requests withdrawal of the 2(d) refusal, and reconsideration and approval for registration of the subject application.