Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

NONFINAL OFFICE ACTION

 

The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned.  Respond using the Trademark Electronic Application System (TEAS).  A link to the appropriate TEAS response form appears at the end of this Office action. 

 

 

Issue date:  October 07, 2019

 

INTRODUCTION

 

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

·       REFUSAL – SECTION 2(d) – LIKELIHOOD OF CONFUSION

·       REQUIREMENT – IDENTIFICATION OF GOODS AND SERVICES

 

REFUSAL – SECTION 2(d) – LIKELIHOOD OF CONFUSION

THIS PARTIAL REFUSAL APPLIES TO THE SERVICES AND CLASSES SPECIFIED HEREIN

 

Registration of the applied-for mark is refused because of a likelihood of confusion with the following marks:

 

U.S. Reg. No. 5863055 (“BELLEWETHER” for “Business organization and management consulting” in International Class 35).

·       This refusal applies to applicant’s “Data analytics services; Data analytics services, namely, collecting, analyzing, and using data to target and measure advertising effectiveness; Collecting, analyzing, and using subscriber and user data to optimize advertising effectiveness … Social analytics services … Advertising and marketing consulting services; Consulting services in the fields of data analytics, advertising, marketing, and social analytics; Consulting services in the fields of data-driven advertising, tv advertising, cross-platform advertising, addressable advertising, linear advertising, data-driven marketing, digital advertising and marketing, advertising technology, and advertising campaign optimization; Analyzing, coordinating, managing, monitoring, planning, counseling, measuring, and reporting on advertising and marketing campaigns for others; Analyzing, coordinating, managing, monitoring, planning, counseling, measuring, and reporting on TV, multimedia, internet, digital, mobile, desktop, cross-and-multi platform, cross-and-multi device, cross-and-multi screen, out-of-home, digital out-of-home, social media, audio, connected tv, streaming, over-the-top TV, virtual, augmented reality, cable, banner, video, video on demand, and display advertising and marketing campaigns for others; Advertising and marketing research, analysis and reporting services; Research and consumer analytics services in the fields of advertising and marketing; Research and consumer analytics services driven by data collection and analysis for purposes of optimizing effectiveness and return on investment for cross-media TV and digital video advertising campaigns” in International Class 35 and “Analyzing, coordinating, managing, monitoring, planning, counseling, measuring, and reporting on advertising and marketing campaigns for others; Consulting services in the fields of data analytics, advertising, marketing, and social analytics; Consulting services in the fields of data-driven advertising, tv advertising, augmented reality advertising, cross-platform advertising, addressable advertising, linear advertising, data-driven marketing, digital advertising and marketing, advertising technology, and advertising campaign optimization; Analyzing, coordinating, managing, monitoring, planning, counseling, measuring, and reporting on advertising and marketing campaigns for others; Analyzing, coordinating, managing, monitoring, planning, counseling, measuring, and reporting on TV, multimedia, internet, digital, mobile, desktop, cross-and-multi platform, cross-and-multi device, cross-and-multi screen, out-of-home, digital out-of-home, social media, audio, connected tv, streaming, over-the-top TV, virtual, augmented reality, cable, banner, video, video on demand, and display advertising and marketing campaigns for others; Advertising and marketing research, analysis and reporting services; Research and consumer analytics services in the fields of advertising and marketing; Research and consumer analytics services driven by data collection and analysis for purposes of optimizing effectiveness and return on investment for cross-media TV and digital video advertising campaigns” in International Class 42.

 

U.S. Reg. No. 2926186 (“BELLWETHER INTERACTIVE” for “Market research, consulting and analytical services” in International Class 35).

·       This refusal applies to applicant’s “Data analytics services; Data analytics services, namely, collecting, analyzing, and using data to target and measure advertising effectiveness; Collecting, analyzing, and using subscriber and user data to optimize advertising effectiveness … Social analytics services … Advertising and marketing consulting services; Consulting services in the fields of data analytics, advertising, marketing, and social analytics; Consulting services in the fields of data-driven advertising, tv advertising, cross-platform advertising, addressable advertising, linear advertising, data-driven marketing, digital advertising and marketing, advertising technology, and advertising campaign optimization; Analyzing, coordinating, managing, monitoring, planning, counseling, measuring, and reporting on advertising and marketing campaigns for others; Analyzing, coordinating, managing, monitoring, planning, counseling, measuring, and reporting on TV, multimedia, internet, digital, mobile, desktop, cross-and-multi platform, cross-and-multi device, cross-and-multi screen, out-of-home, digital out-of-home, social media, audio, connected tv, streaming, over-the-top TV, virtual, augmented reality, cable, banner, video, video on demand, and display advertising and marketing campaigns for others; Advertising and marketing research, analysis and reporting services; Research and consumer analytics services in the fields of advertising and marketing; Research and consumer analytics services driven by data collection and analysis for purposes of optimizing effectiveness and return on investment for cross-media TV and digital video advertising campaigns” in International Class 35 and “Analyzing, coordinating, managing, monitoring, planning, counseling, measuring, and reporting on advertising and marketing campaigns for others; Consulting services in the fields of data analytics, advertising, marketing, and social analytics; Consulting services in the fields of data-driven advertising, tv advertising, augmented reality advertising, cross-platform advertising, addressable advertising, linear advertising, data-driven marketing, digital advertising and marketing, advertising technology, and advertising campaign optimization; Analyzing, coordinating, managing, monitoring, planning, counseling, measuring, and reporting on advertising and marketing campaigns for others; Analyzing, coordinating, managing, monitoring, planning, counseling, measuring, and reporting on TV, multimedia, internet, digital, mobile, desktop, cross-and-multi platform, cross-and-multi device, cross-and-multi screen, out-of-home, digital out-of-home, social media, audio, connected tv, streaming, over-the-top TV, virtual, augmented reality, cable, banner, video, video on demand, and display advertising and marketing campaigns for others; Advertising and marketing research, analysis and reporting services; Research and consumer analytics services in the fields of advertising and marketing; Research and consumer analytics services driven by data collection and analysis for purposes of optimizing effectiveness and return on investment for cross-media TV and digital video advertising campaigns” in International Class 42.

 

Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq. See the attached registration(s).

 

Trademark Act Section 2(d) bars registration of an applied-for mark that is so similar to a registered mark that it is likely consumers would be confused, mistaken, or deceived as to the commercial source of the goods and/or services of the parties.  See 15 U.S.C. §1052(d).  Likelihood of confusion is determined on a case-by-case basis by applying the factors set forth in In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973) (called the “du Pont factors”).  In re i.am.symbolic, llc, 866 F.3d 1315, 1322, 123 USPQ2d 1744, 1747 (Fed. Cir. 2017).  Only those factors that are “relevant and of record” need be considered.  M2 Software, Inc. v. M2 Commc’ns, Inc., 450 F.3d 1378, 1382, 78 USPQ2d 1944, 1947 (Fed. Cir. 2006) (citing Shen Mfg. Co. v. Ritz Hotel Ltd., 393 F.3d 1238, 1241, 73 USPQ2d 1350, 1353 (Fed. Cir. 2004)); see In re Inn at St. John’s, LLC, 126 USPQ2d 1742, 1744 (TTAB 2018). 

 

Although not all du Pont factors may be relevant, there are generally two key considerations in any likelihood of confusion analysis:  (1) the similarities between the compared marks and (2) the relatedness of the compared goods and/or services.  See In re i.am.symbolic, llc, 866 F.3d at 1322, 123 USPQ2d at 1747 (quoting Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1164-65, 64 USPQ2d 1375, 1380 (Fed. Cir. 2002)); Federated Foods, Inc. v. Fort Howard Paper Co., 544 F.2d 1098, 1103, 192 USPQ 24, 29 (C.C.P.A. 1976) (“The fundamental inquiry mandated by [Section] 2(d) goes to the cumulative effect of differences in the essential characteristics of the goods [or services] and differences in the marks.”); TMEP §1207.01.

 

Comparison of the Marks

 

Applicant’s applied-for mark is “BELLWETHER” in standard character form. The mark in U.S. Registration No. 5863055 is “BELLEWETHER” in standard character form. The mark in U.S. Registration No. 2926186 is “BELLWETHER INTERACTIVE” in typed drawing form.  

           

Marks are compared in their entireties for similarities in appearance, sound, connotation, and commercial impression.  Stone Lion Capital Partners, LP v. Lion Capital LLP, 746 F.3d 1317, 1321, 110 USPQ2d 1157, 1160 (Fed. Cir. 2014) (quoting Palm Bay Imps., Inc. v. Veuve Clicquot Ponsardin Maison Fondee En 1772, 396 F.3d 1369, 1371, 73 USPQ2d 1689, 1691 (Fed. Cir. 2005)); TMEP §1207.01(b)-(b)(v).  “Similarity in any one of these elements may be sufficient to find the marks confusingly similar.”  In re Inn at St. John’s, LLC, 126 USPQ2d 1742, 1746 (TTAB 2018) (citing In re Davia, 110 USPQ2d 1810, 1812 (TTAB 2014)); TMEP §1207.01(b).

 

The applied-for mark is “BELLWETHER”. The mark in U.S. Registration No.  2926186 is “BELLWETHER INTERACTIVE”. The wording “INTERACTIVE” has been disclaimed for descriptiveness. Although marks are compared in their entireties, one feature of a mark may be more significant or dominant in creating a commercial impression.  See In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012); In re Nat’l Data Corp., 753 F.2d 1056, 1058, 224 USPQ 749, 751 (Fed. Cir. 1985); TMEP §1207.01(b)(viii), (c)(ii). Matter that is descriptive of or generic for a party’s goods and/or services is typically less significant or less dominant when comparing marks.  See In re Dixie Rests., Inc., 105 F.3d 1405, 1407, 41 USPQ2d 1531, 1533-34 (Fed. Cir. 1997); In re Nat’l Data Corp., 753 F.2d at 1060, 224 USPQ at 752; TMEP §1207.01(b)(viii), (c)(ii). Therefore, the wording “INTERACTIVE” is less significant in terms of affecting the mark’s overall commercial impression and renders the wording “BELLWETHER” the more dominant element of the mark.

 

The dominant wording “BELLWETHER” in U.S. Registration No.  2926186 and the entirety of the applied-for mark creates a similar overall commercial impression. Marks may be confusingly similar in appearance where similar terms or phrases or similar parts of terms or phrases appear in the compared marks and create a similar overall commercial impression.  See Crocker Nat’l Bank v. Canadian Imperial Bank of Commerce, 228 USPQ 689, 690-91 (TTAB 1986), aff’d sub nom. Canadian Imperial Bank of Commerce v. Wells Fargo Bank, Nat’l Ass’n, 811 F.2d 1490, 1495, 1 USPQ2d 1813, 1817 (Fed. Cir. 1987) (finding COMMCASH and COMMUNICASH confusingly similar); In re Corning Glass Works, 229 USPQ 65, 66 (TTAB 1985) (finding CONFIRM and CONFIRMCELLS confusingly similar); In re Pellerin Milnor Corp., 221 USPQ 558, 560 (TTAB 1983) (finding MILTRON and MILLTRONICS confusingly similar); TMEP §1207.01(b)(ii)-(iii). Therefore, viewed as a whole, applicant’s mark is substantially similar in sound, appearance, connotation, and commercial impression to the registrant’s mark.

 

Further, the identical wording “BELLWETHER” appears as the entirety of the applied-for mark as well as the first word in U.S. Registration No(s) 2926186. Consumers are generally more inclined to focus on the first word(s) in any trademark or service mark. See Palm Bay Imps., Inc. v. Veuve Clicquot Ponsardin Maison Fondee En 1772, 396 F.3d 1369, 1372, 73 USPQ2d 1689, 1692 (Fed. Cir. 2005) (finding similarity between VEUVE ROYALE and two VEUVE CLICQUOT marks in part because “VEUVE . . . remains a ‘prominent feature’ as the first word in the mark and the first word to appear on the label”); Century 21 Real Estate Corp. v. Century Life of Am., 970 F.2d 874, 876, 23 USPQ2d 1698, 1700 (Fed Cir. 1992) (finding similarity between CENTURY 21 and CENTURY LIFE OF AMERICA in part because “consumers must first notice th[e] identical lead word”); see also In re Detroit Athletic Co., 903 F.3d 1297, 1303, 128 USPQ2d 1047, 1049 (Fed. Cir. 2018) (finding “the identity of the marks’ two initial words is particularly significant because consumers typically notice those words first”). Thus, the registrant’s mark is likely to engender the same connotation and overall commercial impression when considered in connection with applicant’s and registrant’s respective goods and/or services. Id.

 

The applied-for mark is “BELLWETHER”. The mark in U.S. Registration No. 5863055 is “BELLEWETHER” in standard character form. The two marks are essentially phonetic equivalents and thus sound similar. Similarity in sound alone may be sufficient to support a finding that the marks are confusingly similar.  In re White Swan Ltd., 8 USPQ2d 1534, 1535 (TTAB 1988); see In re 1st USA Realty Prof’ls, Inc., 84 USPQ2d 1581, 1586 (TTAB 2007); TMEP §1207.01(b)(iv). There is no correct pronunciation of a mark because it is impossible to predict how the public will pronounce a particular mark.  See Embarcadero Techs., Inc. v. RStudio, Inc., 105 USPQ2d 1825, 1835 (TTAB 2013) (quoting In re Viterra Inc., 671 F.3d 1358, 1367, 101 USPQ2d 1905, 1912 (Fed. Cir. 2012); In re The Belgrade Shoe Co., 411 F.2d 1352, 1353, 162 USPQ 227, 227 (C.C.P.A. 1969)); TMEP §1207.01(b)(iv). The marks in question could clearly be pronounced the same; such similarity in sound alone may be sufficient to support a finding that the marks are confusingly similar.  In re White Swan Ltd., 8 USPQ2d 1534, 1535 (TTAB 1988); see In re 1st USA Realty Prof’ls, Inc., 84 USPQ2d 1581, 1586 (TTAB 2007); TMEP §1207.01(b)(iv). Even slight differences in the sound of similar marks will not avoid a likelihood of confusion.  In re Energy Telecomm. & Elec. Ass’n, 222 USPQ 350, 351 (TTAB 1983); see In re Viterra Inc., 671 F.3d 1358, 1367, 101 USPQ2d 1905, 1912 (Fed. Cir. 2012).

 

As such, viewed as a whole, applicant’s mark is substantially similar in sound, connotation and commercial impression to the registered marks.

 

Comparison of the Goods and/or Services

 

The applicant’s and registrants’ goods and/or services relevant to the refusal are listed above.

 

Determining likelihood of confusion is based on the description of the goods and/or services stated in the application and registration at issue, not on extrinsic evidence of actual use.  See In re Detroit Athletic Co., 903 F.3d 1297, 1307, 128 USPQ2d 1047, 1052 (Fed. Cir. 2018) (citing In re i.am.symbolic, llc, 866 F.3d 1315, 1325, 123 USPQ2d 1744, 1749 (Fed. Cir. 2017)).  

 

The compared goods and/or services need not be identical or even competitive to find a likelihood of confusion.  See On-line Careline Inc. v. Am. Online Inc., 229 F.3d 1080, 1086, 56 USPQ2d 1471, 1475 (Fed. Cir. 2000); Recot, Inc. v. Becton, 214 F.3d 1322, 1329, 54 USPQ2d 1894, 1898 (Fed. Cir. 2000); TMEP §1207.01(a)(i).  They need only be “related in some manner and/or if the circumstances surrounding their marketing are such that they could give rise to the mistaken belief that [the goods and/or services] emanate from the same source.”  Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369, 101 USPQ2d 1713, 1722 (Fed. Cir. 2012) (quoting 7-Eleven Inc. v. Wechsler, 83 USPQ2d 1715, 1724 (TTAB 2007)); TMEP §1207.01(a)(i).

 

In this case, U.S. Reg. No. 2926186 (“BELLWETHER INTERACTIVE”) uses broad wording to describe “Market research, consulting and analytical services” which presumably encompasses all services of the type described, including applicant’s more narrow “Data analytics services; Data analytics services, namely, collecting, analyzing, and using data to target and measure advertising effectiveness … Social analytics services … Advertising and marketing consulting services; Consulting services in the fields of data analytics, advertising, marketing, and social analytics; Consulting services in the fields of data-driven advertising, tv advertising, cross-platform advertising, addressable advertising, linear advertising, data-driven marketing, digital advertising and marketing, advertising technology, and advertising campaign optimization… Research and consumer analytics services in the fields of advertising and marketing; Research and consumer analytics services driven by data collection and analysis for purposes of optimizing effectiveness and return on investment for cross-media TV and digital video advertising campaigns” in International Class 35 and “Consulting services in the fields of data analytics, advertising, marketing, and social analytics; Consulting services in the fields of data-driven advertising, tv advertising, augmented reality advertising, cross-platform advertising, addressable advertising, linear advertising, data-driven marketing, digital advertising and marketing, advertising technology, and advertising campaign optimization… Research and consumer analytics services in the fields of advertising and marketing; Research and consumer analytics services driven by data collection and analysis for purposes of optimizing effectiveness and return on investment for cross-media TV and digital video advertising campaigns” in International Class 42. See, e.g., In re Solid State Design Inc., 125 USPQ2d 1409, 1412-15 (TTAB 2018); Sw. Mgmt., Inc. v. Ocinomled, Ltd., 115 USPQ2d 1007, 1025 (TTAB 2015).  Thus, applicant’s and registrant’s services are legally identical.  See, e.g., In re i.am.symbolic, llc, 127 USPQ2d 1627, 1629 (TTAB 2018) (citing Tuxedo Monopoly, Inc. v.Gen. Mills Fun Grp., Inc., 648 F.2d 1335, 1336, 209 USPQ 986, 988 (C.C.P.A. 1981); Inter IKEA Sys. B.V. v. Akea, LLC, 110 USPQ2d 1734, 1745 (TTAB 2014); Baseball Am. Inc. v. Powerplay Sports Ltd., 71 USPQ2d 1844, 1847 n.9 (TTAB 2004)).

 

The attached Internet evidence from “Deloitte”, “Boston Consulting Group”, “McKinsey”, and “Bain” shows the same entity provides consulting services in the field of advertising, marketing, data analytics, and social analytics; management consulting services; data analytics services; social analytics services; and, research, analysis, and reporting services. Consequentially, this evidence shows that the relevant goods and/or services are sold or provided through the same trade channels and used by the same classes of consumers in the same fields of use. Moreover, this evidence establishes that the same entity commonly provides the relevant services and markets the services under the same mark. Therefore, applicant’s and registrant(s)’ goods and/or services are considered related for likelihood of confusion purposes. See, e.g., In re Davey Prods. Pty Ltd., 92 USPQ2d 1198, 1202-04 (TTAB 2009); In re Toshiba Med. Sys. Corp., 91 USPQ2d 1266, 1268-69, 1271-72 (TTAB 2009).

 

Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration. If applicant responds to the refusal(s), applicant must also respond to the requirement(s) set forth below.

 

REQUIREMENT – IDENTIFICATION OF GOODS AND SERVICES

 

Applicant must clarify some of the wording in the identification of goods and/or services because it is indefinite.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear the exact nature of the goods and/or services.

 

Applicant is advised to delete or modify the duplicate entry in the identification of goods and/or services in International Class 9 for “Downloadable mobile and desktop computer software for use in connection with, and for providing, augmented reality advertising products and services.”  See generally TMEP §§1402.01, 1402.01(a).  If applicant does not respond to this issue, be advised that the USPTO will remove duplicate entries from the identification prior to registration.

 

If modifying one of the duplicate entries, applicant may amend it to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Also, generally, any deleted goods and/or services may not later be reinserted.  TMEP §1402.07(e).

Some of the services appear to be misclassified in International Class 42: “Analyzing, coordinating, managing, monitoring, planning, counseling, measuring, and reporting on advertising and marketing campaigns for others”; “Analyzing, coordinating, managing, monitoring, planning, counseling, measuring, and reporting on advertising and marketing campaigns for others; Analyzing, coordinating, managing, monitoring, planning, counseling, measuring, and reporting on TV, multimedia, internet, digital, mobile, desktop, cross-and-multi platform, cross-and-multi device, cross-and-multi screen, out-of-home, digital out-of-home, social media, audio, connected tv, streaming, over-the-top TV, virtual, augmented reality, cable, banner, video, video on demand, and display advertising and marketing campaigns for others”. The suggested amendment below deletes the wording in International Class 42.

 

Consulting services are classified according to the subject matter of the consulting service; for example, “business management consultancy” is classified in International Class 35 and “computer technology consultancy” is classified in International Class 42.  TMEP §1402.11(e). Therefore, the following services appear to be misclassified in International Class 42: “Consulting services in the fields of data analytics, advertising, marketing, and social analytics; Consulting services in the fields of data-driven advertising, tv advertising, augmented reality advertising, cross-platform advertising, addressable advertising, linear advertising, data-driven marketing, digital advertising and marketing, advertising technology, and advertising campaign optimization”. The suggested amendment below deletes the wording in International Class 42.

 

Applicant should note that any wording in bold, in italics, underlined and/or in ALL CAPS below offers guidance and/or shows the changes being proposed for the identification of goods and/or services.  If there is wording in the applicant’s version of the identification of goods and/or services which should be removed, it will be shown with a line through it such as this: strikethrough.  When making its amendments, applicant should enter them in standard font, not in bold, in italics, underlined or in ALL CAPS.

 

Applicant may substitute the following wording, if accurate: 

 

Class 9: Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, advertising and marketing products and services; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, advertising technology products and services; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, advertising and marketing sales products and services; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, TV advertising and marketing sales products and services; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, augmented reality advertising and marketing sales products and services; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, data-driven advertising and marketing products and services for use by others to appear in professionally produced TV programming; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, data-driven advertising and marketing products and services for use by others to appear in professionally produced augmented reality programming; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, digital, internet, and multimedia advertising sales; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, data-driven advertising technology products and services; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, data-driven TV advertising products and services; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, data-driven augmented reality advertising products and services; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, data-driven advertising products and services; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, data-driven marketing products and services; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, data analytics products and services; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, data analytics services, namely, collecting, analyzing, and using data to target and measure advertising effectiveness; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, the ability to collect, analyze, and use subscriber and user data to optimize advertising effectiveness; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, online advertising products and services; Downloadable mobile and desktop computer software for use in___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, augmented reality advertising products and services; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, online advertising products and services, namely, digital ad buying; Downloadable mobile and desktop computer software for use in __ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, online advertising services, namely, coordinating digital and TV advertising; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, social analytics products and services; Downloadable mobile and desktop computer software for use ___ {indicate purpose of software, e.g., database management, electronic storage of data} in in connection with, and for providing, advertising optimization products and services; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, TV advertising products and services; Downloadable mobile and desktop computer software for use in connection with, and for providing, augmented reality advertising products and services; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, TV advertising optimization products and services; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, addressable advertising products and services; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, addressable, linear, and video on demand TV advertising products and services; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, cross-platform advertising products and services; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, digital advertising and marketing products and services; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, digital advertising and technology products and services; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, TV, multimedia, internet, digital, mobile, desktop, cross-and-multi platform, cross-and-multi device, cross-and-multi screen, out-of-home, digital out-of-home, social media, audio, connected tv, streaming, over-the-top TV, virtual, augmented reality, cable, banner, video, video on demand, and display advertising and marketing products and services; Downloadable mobile and desktop computer software for use in___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, data-driven TV, multimedia, internet, digital, mobile, desktop, cross-platform, cross-device, out-of-home, digital out-of-home, social media, audio, connected tv, streaming, over-the-top TV, virtual, augmented reality, cable, banner, video, video on demand, and display advertising and marketing products and services; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, programmatic advertising products and services; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, programmatic ad buying products and services; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, programmatic TV advertising products and services; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, programmatic augmented reality advertising products and services; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, programmatic online advertising products and services; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, programmatic advertising products and services, namely, real-time bidding; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, data-driven programmatic TV products and services; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, advertising and marketing products and services, namely, providing audience insights to others; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, political advertising and marketing products and services; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, advertising and marketing consulting services; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, consulting services in the fields of data analytics, advertising, marketing, and social analytics; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, consulting services in the fields of data-driven advertising, tv advertising, augmented reality advertising, cross-platform advertising, addressable advertising, linear advertising, data-driven marketing, digital advertising and marketing, advertising technology, and advertising campaign optimization; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, analysis, coordination, management, monitoring, planning, counseling, measuring, and reporting on advertising and marketing campaigns for others; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, advertising and marketing research, analysis and reporting; Downloadable mobile and desktop computer software for use in ____ {indicate purpose of software, e.g., database management, electronic storage of data} inconnection with, and for providing, research and consumer analytics products and services in the fields of advertising and marketing; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, analysis, coordination, management, monitoring, planning, counseling, measuring, and reporting on TV, multimedia, internet, digital, mobile, desktop, cross-and-multi platform, cross-and-multi device, cross-and-multi screen, out-of-home, digital out-of-home, social media, audio, connected tv, streaming, over-the-top TV, virtual, augmented reality, cable, banner, video, video on demand, and display advertising and marketing campaigns for others; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, research and consumer analytics products and services driven by data collection and analysis for purposes of optimizing effectiveness and return on investment for cross-media TV and digital video advertising campaigns; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, advertising and marketing products and services, namely, data-driven consumer and viewer targeting; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, digital ad buying products and services; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, digital ad buying products and services, namely, the coordination and management of ad buys; Downloadable mobile and desktop computer software for use in ___ {indicate purpose of software, e.g., database management, electronic storage of data} in connection with, and for providing, brand marketing products and services

 

Class 35: Advertising and marketing services, namely, ___ {indicate particular services, e.g., online advertising and marketing services in the field of television broadcasting, online advertising and marketing services in the field of advertising}; Advertising, advertising technology and marketing services, namely, using algorithms and artificial intelligence to provide advertising, advertising technology, and marketing services to others in the nature of placing advertisements on websites for others using specialized computer software with algorithms and artificial intelligence; Advertising technology services, namely, placing advertisements on websites for others using specialized computer software; Advertising and marketing sales services, namely, providing informational web pages designed to generate marketing sales traffic via hyperlinks to other web sites; TV advertising and marketing sales services, namely, marketing sales promotion involving TV advertising for others; Data-driven advertising and marketing services for use by others to appear in professionally produced TV programming; Digital, internet, and multimedia advertising sales, namely, ___ {indicate particular services, e.g., promoting properties for sale by owner via the Internet}; Data-driven advertising technology services, namely, ___ {indicate particular services, e.g., marketing the goods and services of others by means of data-driven push notification technology}; Data-driven TV advertising services; Data-driven advertising services; Data-driven marketing services; Data-driven augmented reality advertising services; Data analytics services, namely, ___ {indicate particular services, e.g., business data analysis, business data analysis services in the field of advertising}; Data analytics services, namely, collecting, analyzing, and using data to target and measure advertising effectiveness being providing ___ {indicate particular services, e.g., business data analysis, analysis of market research data} to target and measure advertising effectiveness; Collecting, analyzing, and using subscriber and user data to optimize advertising effectiveness, namely, ____ {indicate particular services, e.g., collection and analysis of quality metric subscriber and user data for advertising professionals to optimize advertising effectiveness for business purposes, analysis of subscriber and user business data to optimize advertising effectiveness}; Augmented reality advertising services; Online advertising services; Online advertising services, namely, digital ad buying being a type of online advertising service performed for others; Online advertising services, namely, coordinating digital and TV advertising campaigns using proprietary technology platform being a type of online advertising service performed for others; Social analytics services, namely, ___ {indicate particular services, e.g., social advertising analysis, analysis of social advertising response}; Advertising optimization services, namely, ___ {indicate particular services, e.g., search engine optimization for advertising sales promotion}; TV advertising services; TV advertising optimization services, namely, ___ {indicate particular services, e.g., optimization of traffic of web site featuring TV advertising}; Augmented reality advertising optimization services, namely, ___ {indicate particular services, e.g., optimization of traffic of web site featuring augmented reality advertising}; Addressable advertising services; Addressable, linear and video on demand TV advertising services; Cross-platform advertising services; Digital advertising and marketing services; Digital advertising technology services, namely, placing digital advertisements on websites for others using specialized computer software; Augmented reality advertising technology services, namely, placing augmented reality advertisements on websites for others using specialized computer software; TV, multimedia, internet, digital, mobile, desktop, cross-and-multi platform, cross-and-multi device, cross-and-multi screen, out-of-home, digital out-of-home, social media, audio, connected tv, streaming, over-the-top TV, virtual, augmented reality, cable, banner, video, video on demand, and display advertising and marketing services; Data-driven TV, multimedia, internet, digital, mobile, desktop, cross-platform, cross-device, out-of-home, digital out-of-home, social media, audio, connected tv, streaming, over-the-top TV, virtual, augmented reality, cable, banner, video, video on demand, and display advertising and marketing services; Programmatic advertising services; Programmatic ad buying services being a type of programmatic advertising service performed for others; Programmatic TV advertising services; Programmatic online advertising services; Programmatic augmented reality advertising services; Programmatic advertising services, namely, real-time bidding being a type of programmatic advertising service performed for others; Data-driven programmatic TV advertising services; Advertising and marketing services, namely, providing audience insights to others by development of marketing strategies, concepts, and tactics being audience development, brand awareness, online community building and digital word of mouth communication; Political advertising and marketing services; Advertising and marketing consulting services, namely, ___ {indicate particular services, e.g., business consulting in the field of advertising and marketing}; ___ {indicate type of consulting, e.g., business, technical} Consulting services in the fields of data analytics, advertising, marketing, and social analytics; ___ {indicate type of consulting, e.g., business, technical} Consulting services in the fields of data-driven advertising, tv advertising, cross-platform advertising, addressable advertising, linear advertising, data-driven marketing, digital advertising and marketing, advertising technology, and advertising campaign optimization; Analyzing, coordinating, managing, monitoring, planning, counseling, measuring, and reporting on advertising and marketing campaigns for others, namely, ___ {indicate particular services, e.g., developing advertising campaigns for others geared toward environmental issues}; Analyzing, coordinating, managing, monitoring, planning, counseling, measuring, and reporting on TV, multimedia, internet, digital, mobile, desktop, cross-and-multi platform, cross-and-multi device, cross-and-multi screen, out-of-home, digital out-of-home, social media, audio, connected tv, streaming, over-the-top TV, virtual, augmented reality, cable, banner, video, video on demand, and display advertising and marketing campaigns for others, namely, ___ {indicate particular services, e.g., developing TV, multimedia, internet, digital, mobile, desktop, cross-and-multi platform, cross-and-multi device, cross-and-multi screen, out-of-home, digital out-of-home, social media, audio, connected tv, streaming, over-the-top TV, virtual, augmented reality, cable, banner, video, video on demand, and display advertising campaigns for others geared toward environmental issues}; Advertising and marketing research,; advertising and marketing analysis; andadvertising and marketing reporting services­­­ for business purposes; Research and consumer analytics services in the fields of advertising and marketing, namely, ___ {indicate particular services, e.g., analyzing and compiling business data for market research on consumers in the field of advertising and marketing, market research and business analyses on consumers in the field of advertising and marketing}; Research and consumer analytics services driven by data collection and analysis for purposes of optimizing effectiveness and return on investment for cross-media TV and digital video advertising campaigns, namely, ___ {indicate particular services, e.g., analyzing and compiling business data for market research on consumers driven by data collection and analysis for purposes of optimizing effectiveness and return on investment for cross-media TV and digital video advertising campaigns, market research and business analyses on consumers driven by data collection and analysis for purposes of optimizing effectiveness and return on investment for cross-media TV and digital video advertising campaigns}; Advertising and marketing services, namely, data-driven consumer and viewer targeting being a type of advertising and marketing service performed for others; Digital ad buying services being a type of digital advertising service performed for others; Augmented reality ad buying services being a type of augmented reality advertising service performed for others; Digital ad buying services, namely, coordinating and managing ad buys being a type of digital advertising service performed for others; Brand marketing services

 

Class 42: Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in advertising and marketing services; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in advertising technology services; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in advertising and marketing sales services; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in TV advertising and marketing sales services; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in data-driven advertising and marketing services for use by others to appear in professionally produced TV programming; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in digital, internet, and multimedia advertising sales; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in data-driven advertising technology services; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in data-driven TV advertising services; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in data-driven advertising services; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in data-driven marketing services; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in data analytics services; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in data analytics services, namely, collecting, analyzing, and using data to target and measure advertising effectiveness; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in collecting, analyzing, and using subscriber and user data to optimize advertising effectiveness; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in online advertising services; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in online advertising services, namely, digital ad buying; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in online advertising services, namely, coordinating digital and TV advertising campaigns; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in social analytics services; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in advertising optimization services; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in TV advertising services; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in augmented reality advertising services; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data}  for use in TV advertising optimization services; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in augmented reality advertising optimization services; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in addressable advertising services; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in addressable, linear and video on demand TV advertising services; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in cross-platform advertising services; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in digital advertising and marketing services; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in digital advertising technology services; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in TV, multimedia, internet, digital, mobile, desktop, cross-and-multi platform, cross-and-multi device, cross-and-multi screen, out-of-home, digital out-of-home, social media, audio, connected tv, streaming, over-the-top TV, virtual, augmented reality, cable, banner, video, video on demand, and display advertising and marketing services; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in  data-driven TV, multimedia, internet, digital, mobile, desktop, cross-platform, cross-device, out-of-home, digital out-of-home, social media, audio, connected tv, streaming, over-the-top TV, virtual, augmented reality, cable, banner, video, video on demand, and display advertising and marketing services; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in programmatic advertising services; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in programmatic ad buying services; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in programmatic TV advertising services; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in programmatic augmented reality advertising services; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in programmatic online advertising services; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in programmatic advertising services, namely, real-time bidding services; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in data-driven programmatic TV services; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in advertising and marketing services, namely, providing audience insights to others; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in political advertising and marketing services; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in advertising and marketing consulting services; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in consulting services in the fields of data analytics, advertising, marketing, and social analytics; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in consulting services in the fields of data-driven advertising, tv advertising, augmented reality advertising, cross-platform advertising, addressable advertising, linear advertising, data-driven marketing, digital advertising and marketing, advertising technology, and advertising campaign optimization; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in analyzing, coordinating, managing, monitoring, planning, counseling, measuring, and reporting on advertising and marketing campaigns for others; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in analyzing, coordinating, managing, monitoring, planning, counseling, measuring, and reporting on TV, multimedia, internet, digital, mobile, desktop, cross-and-multi platform, cross-and-multi device, cross-and-multi screen, out-of-home, digital out-of-home, social media, audio, connected tv, streaming, over-the-top TV, virtual, augmented reality, cable, banner, video, video on demand, and display advertising and marketing campaigns for others; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in advertising and marketing research, analysis and reporting services; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in research and consumer analytics services in the fields of advertising and marketing; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in research and consumer analytics services driven by data collection and analysis for purposes of optimizing effectiveness and return on investment for cross-media TV and digital video advertising campaigns; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in advertising and marketing services, namely, data-driven consumer and viewer targeting; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in digital ad buying services; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in augmented reality ad buying services; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in digital ad buying services, namely, coordinating and managing ad buys; Providing online, non-downloadable, Internet-based and cloud-based software and technology platform in the form of software-as-service (SAAS) application for use in ___ {indicate purpose, e.g., database management, electronic storage of data} for use in brand marketing services; Analyzing, coordinating, managing, monitoring, planning, counseling, measuring, and reporting on advertising and marketing campaigns for others; Consulting services in the fields of data analytics, advertising, marketing, and social analytics; Consulting services in the fields of data-driven advertising, tv advertising, augmented reality advertising, cross-platform advertising, addressable advertising, linear advertising, data-driven marketing, digital advertising and marketing, advertising technology, and advertising campaign optimization; Analyzing, coordinating, managing, monitoring, planning, counseling, measuring, and reporting on advertising and marketing campaigns for others; Analyzing, coordinating, managing, monitoring, planning, counseling, measuring, and reporting on TV, multimedia, internet, digital, mobile, desktop, cross-and-multi platform, cross-and-multi device, cross-and-multi screen, out-of-home, digital out-of-home, social media, audio, connected tv, streaming, over-the-top TV, virtual, augmented reality, cable, banner, video, video on demand, and display advertising and marketing campaigns for others; Advertising and marketing research, analysis and reporting services; Research and consumer analytics services in the fields of advertising and marketing; Research and consumer analytics services driven by data collection and analysis for purposes of optimizing effectiveness and return on investment for cross-media TV and digital video advertising campaigns; Advertising and marketing services, namely, data-driven consumer and viewer targeting; Digital ad buying services; Digital ad buying services, namely, coordinating and managing ad buys; Brand marketing services

 

See TMEP §§1402.01, 1402.03.

 

An applicant may only amend an identification to clarify or limit the goods and/or services, but not to add to or broaden the scope of the goods and/or services.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07. Generally, any deleted goods and/or services may not later be reinserted.  See TMEP §1402.07(e).

 

For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual.  See TMEP §1402.04.

 

CONCLUSION

 

If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney.  All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.  Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights.  See TMEP §§705.02, 709.06.

 

How to respond.  Click to file a response to this nonfinal Office action  

 

 

/Xu, Elaine/

Trademark Examining Attorney

Law Office 128

(571) 270-5297

elaine.xu@uspto.gov

 

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on October 07, 2019 for

U.S. Trademark Application Serial No. 88496863

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

 

/Xu, Elaine/

Trademark Examining Attorney

Law Office 128

(571) 270-5297

elaine.xu@uspto.gov

 

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from October 07, 2019, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond.

 

 

 

GENERAL GUIDANCE

·       Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·       Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·       Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”