UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88230124
MARK: POST CLICK OPTIMIZATION
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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: Instapage, 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. A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
ISSUE/MAILING DATE: 4/23/2019
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.
SEARCH OF OFFICE’S DATABASE OF MARKS
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 - MERELY DESCRIPTIVE
In addition to being merely descriptive, the applied-for mark appears to be generic in connection with the identified goods and, therefore, incapable of functioning as a source-identifier for applicant’s goods. In re Gould Paper Corp., 834 F.2d 1017, 5 USPQ2d 1110 (Fed. Cir. 1987); In re Empire Tech. Dev. LLC, 123 USPQ2d 1544 (TTAB 2017); see TMEP §§1209.01(c) et seq., 1209.02(a). Moreover, in addition to being merely descriptive, the applied-for mark appears to be generic in connection with the identified services and, therefore, incapable of functioning as a source-identifier for applicant’s services. In re The Am. Acad. of Facial Plastic & Reconstructive Surgery, 64 USPQ2d 1748 (TTAB 2002); In re A La Vieille Russie, Inc., 60 USPQ2d 1895 (TTAB 2001); see TMEP §§1209.01(c) et seq., 1209.02(a). Under these circumstances, neither an amendment to proceed under Trademark Act Section 2(f) nor an amendment to the Supplemental Register can be recommended. See TMEP §1209.01(c).
“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).
Only where the combination of descriptive terms creates a unitary mark with a unique, incongruous, or otherwise nondescriptive meaning in relation to the goods and/or services is the combined mark registrable. See In re Colonial Stores, Inc., 394 F.2d 549, 551, 157 USPQ 382, 384 (C.C.P.A. 1968); In re Positec Grp. Ltd., 108 USPQ2d 1161, 1162-63 (TTAB 2013).
In this case, both the individual components and the composite result are descriptive of applicant’s goods and/or services and do not create a unique, incongruous, or nondescriptive meaning in relation to the goods and/or services. Specifically, the applicant has applied to register the standard character mark POST CLICK OPTIMIZATION for the following goods and services:
Class 9: Computer software, namely, software for use in the field of advertising and marketing, digital advertising and marketing, and for providing demand creation and lead generation; software for use by advertising personnel and agencies to design, deploy, test, and personalize online advertising and marketing materials; software for use by advertising personnel and agencies to design, deploy, test, and personalize website landing pages; software for use in creating personalized web page content and helping increase advertising conversions
Class 35: Advertising and marketing; business marketing consulting services; digital advertising services; marketing services; providing demand creation and lead generation activities and services; business marketing services; advertising services, namely, creating personalized web page content for others; advertising services, namely, providing consultation and advice to others in order to increase advertising conversions
Attached are the following relevant definitions of the individual terms in the mark:
POST: After
CLICK: An act of selecting an option on an electronic interface by pressing a button or touching a screen.
OPTIMIZATION: an act, process, or methodology of making something (such as a design, system, or decision) as fully perfect, functional, or effective as possible
Also attached are a variety of Internet excerpts showing that the wording “POST CLICK OPTIMIZATION” and “POST-CLICK OPTIMIZATION” is a widely used term of are used in the field of advertising and marketing. IN particular, please note the following relevant excerpts:
“What is Post-Click Optimization?
In the simplest of terms, post-click optimization is everything that happens after the ad click and before the conversion.”
[Excerpt from http://www.martechadvisor.com/articles/ads/postclick-optimization-a-practical-and-actionable-way-to-increase-advertising-roi/]
“What is post-click optimization?
Post-click optimization refers to the process of ensuring that your post-click marketing components (dedicated landing page) have the same message as your pre-click components (the ad). To optimize the post-click experience every ad should be connected to a personalized, relevant, dedicated landing page.”
[Excerpt from http://blog.perfectaudience.com/2018/03/06/5-examples-of-ads-and-landing-pages-that-have-perfected-post-click-optimization/ ]
“What is post-click optimization?
Post-click optimization is the series of steps you take from when a prospect clicks your ad until they convert to customers. This includes landing page optimization and building a high-converting sales funnel.”
[Excerpt from
“OnDemand Webcast:
What is Post-Click Optimization & Why is it Critical for Marketers?”
[Excerpt from http://webcasts.business2community.com/events/what-is-post-click-optimization ]
“What is Post Click Optimization
All activities taking place between the ad click and the actual conversion falls in the category of Post click optimization. It ensures that consumer follows the path of least resistance where they want to watch, listen, and shop—making the customer journey truly personal. The starting point of this process is an optimized landing page and ends with a personalized thank you page and an email.”
[Excerpt from http://blog.replug.io/post-click-optimization-for-better-conversion-rate/ ]
“Post Click Optimization – Interview with Lance Loveday, Closed Loop Marketing
Organizations who harness the power of post-click optimization can achieve a significant increase of conversions, resulting in a huge competitive advantage. In this five minute interview with Lance Loveday, CEO of Closed Loop Marketing, Lance shares his perspective on Post Click Optimization and how:
* Getting granular after web visitors land on your site by utilizing usability and persuasion marketing techniques and best practices can increase conversion rates as high of 30-50%
* Can provide you with a strong competitive edge
* Jobs in the Web profession with emphasis on Search are in high demand”
[Excerpt from http://webprofessionals.org/post-click-optimization-interview-with-lance-loveday-closed-loop-marketing/ ]
“DMG Launches Traffiliate for Mobile with Enhanced Targeting and Post Click Optimization”
[Excerpt from http://www.mmaglobal.com/news/dmg-launches-traffiliate-mobile-enhanced-targeting-and-post-click-optimization ]
The mark immediately describes and names the characteristics and features of the goods and services, namely, it refers to goods and services that pertain to the post click optimization in the field of marketing and advertising, i.e., the making of the series of steps to customer conversion after an ad click as functional and effective as possible.
Accordingly, the mark is refused registration on the Principal Register under Section 2(e)(1) of Trademark Act.
Although the examining attorney has refused registration, the applicant may respond to the refusal to register by submitting evidence and arguments in support of registration.
To expedite prosecution of the application, applicant is encouraged to file its response to this Office action online via the Trademark Electronic Application System (TEAS), which is available at http://www.gov.uspto.report/trademarks/teas/index.jsp. If applicant has technical questions about the TEAS response to Office action form, applicant can review the electronic filing tips available online at http://www.gov.uspto.report/trademarks/teas/e_filing_tips.jsp and e-mail technical questions to TEAS@uspto.gov.
/John M. C. Kelly/
Trademark Examining Attorney
Law Office 119
571-272-9412
john.kelly@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.