r5 - 05 Apr 2007 - 12:23:29 - MimiYinYou are here: OSAF >  Projects Web  >  BrandingProject > TrademarkScope

Trademark - scope statement


Chandler™

Current status:

should have paperwork to sign and file next week -- PieterHartsook - 16 Mar 2007

*We have sorted through the issues regarding the descriptions and classes for registration and should have paperwork to sign and file next week for Chandler Desktop & Server (class 9), and Chandler Hub (class 42).
  • After the initial filing we need to select which non-US registrations we want and file for those within 3 months of the US filing.
  • After we choose a logo we need to do a trademark search on that to make sure it doesn't infringe and then do a subsequent filing for the logo.

Questions about the scope descriptions we will use for Trademark Registration:

  • We can make the descriptions broader to encompass the features of the goods and services. -
  • Is there a way that we can define broadly the list of things that Chandler can manage? -
  • Lawyer offers, If you provide me with suggestions, we can work with that to come up with the description.
  • What other types of things do you envision Chandler to be able to manage in addition to calendars, reservation of meeting rooms, contacts, notes, IM, dates, calendars, tasks, and messages?
  • With respect to the library catalog application, Flickr and Amazon, are those things that the other companies are doing to the software, or a feature of the software that you make available?
  • What would the architecture statement be?
-- PieterHartsook - 23 Feb 2007

Here is the reply:

  1. ) The USPTO does not accept "including, but not limited to" language.
  2. ) Class 38 is for telecommunications services. This would include providing the service of instant messaging, email and online chatting. This does not include the organization of IM's, email or online chats. See the attached link for the types of services that are included in Class038.

class 9

original suggestion from lawyer

  • Computer software for organizing, coordinating, and managing schedules, calendars, dates, tasks, messages, and emails for a single user or between multiple users. Class 009.

suggested revision

making statement more general, adding architecture description, and adding open source -- PieterHartsook - 02 Mar 2007
  1. Computer software using open source data repositories, user interface, and communications protocols for storing, retrieving, organizing, managing, and sharing various kinds of personal and group information for a single user or between multiple users, including but not limited to schedules, calendars, events, invitations, tasks, notes, emails. The software is designed to use plug-in software from others that will extend the kinds of information that can be accommodated including but not limited to multi-media files, bibliographic records, and shopping lists. Class 009. -- PieterHartsook - 02 Mar 2007 (can't use "including but not limited to" language)
  2. Computer software using open source data repositories, user interface, and communications protocols for storing, retrieving, organizing, managing, scheduling, and sharing schedules, calendars, events, invitations, tasks, notes, emails, addresses for a single user or between multiple users via a global computer network or a local area network. The software is designed to use plug-in software from others that will extend the kinds of information that can be accommodated. Class 009. -- PieterHartsook - 05 Mar 2007
  3. Computer software using open source data repositories, user interface, and communications protocols for storing, retrieving, organizing, managing, scheduling, and sharing personal and business information for a single user or between multiple users via a global computer network or a local area network. The software is designed to use plug-in software from others that extend the kinds of information that can be accommodated. Class 009. -- PieterHartsook - 05 Mar 2007
response back from lawyers concerned with the unusual descriptive language including open source...

I think we should try the following definitions. The USPTO may ask us to be more specific with respect to "personal and business information" but we can start broad and amend if necessary. Do we need to include "open source data repositories, user interface, and communications protocols" or does it limit our descriptions? Can you tell me a little about what this means? I have not seen "open source data repositories" in other USPTO identifications. We can include it in our applications, but the USPTO may ask for clarification because these are likely terms of art. Let me know your thoughts and we can move forward with these applications.

here is the final draft for class 009

  • Computer software for storing, retrieving, organizing, managing, scheduling, and sharing personal and business information for a single user or between multiple users. Class 009. -- PieterHartsook - 16 Mar 2007

class 42

original suggestion from lawyer

  • Providing on-line non-downloadable software for organizing, coordinating, and managing schedules, calendars, dates, tasks, messages, and emails for a single users or between multiple users. Class 42.

suggested revision

making statement more general, adding architecture description, and adding open source-- PieterHartsook - 02 Mar 2007
  1. Providing on-line non-downloadable software using open source data repositories, user interface, and communications protocols for storing, retrieving, organizing, managing, and sharing various kinds of personal and group information for a single user or between multiple users, including but not limited to schedules, calendars, events, invitations, tasks, notes, emails. Class 42. -- PieterHartsook - 02 Mar 2007 (can't use "including but not limited to" language)
  2. Providing on-line non-downloadable software using open source data repositories, user interface, and communications protocols for storing, retrieving, organizing, managing, and sharing various kinds of personal and group information for a single user or between multiple users. Class 42. -- PieterHartsook - 02 Mar 2007

response back from lawyers concerned with the unusual descriptive language including open source... (see above in class009 section for full text of lawyer's response)

here is the final draft for class 42

  • Providing on-line non-downloadable software for storing, retrieving, organizing, managing, and sharing personal and business information for a single user or between multiple users. Class 42 -- PieterHartsook - 16 Mar 2007


examples - other trademark descriptions:

Question:
  • What are some good examples of open source application and services trademarks?
    • TypePad?
    • WordPress?
  • Is class 42 right/only class for the hosted service?

Computer software

MS Outlook

IC 009. US 021 023 026 036 038. G & S: computer programs for providing enhanced electronic mail and scheduling capabilities, for use by individual computer users, namely, computer programs for managing, viewing, and editing files, documents, electronic mail messages and private network and global computer network communications; computer programs for meeting and event scheduling, managing group calendars, task delegation and reporting, recording notes, transferring data to and from data bases and to and from computer programs and computer files; address book programs, telephone dialing programs, programs for correcting typographical and capitalization errors, programs for tallying voting responses; and instruction manuals therefor sold as a unit.

MICROSOFT POCKET OUTLOOK

(CANCELLED) IC 009. US 021 023 026 036 038. G & S: computer programs, namely, desktop information manager programs providing electronic mail, personal calendar, group scheduling, personal information management, task management, browsing and sharing of documents; computer programs for managing, viewing, and editing files, documents, electronic mail messages and private network and global computer network communications; computer programs for meeting and event scheduling, managing group calendars, task delegation and reporting, recording notes, transferring data to and from databases and to and from computer programs, and computer files; address book programs, telephone dialing programs, programs for correcting typographical and capitalization errors, programs for tallying voting responses.

APPLE .Mac

IC 009. US 021 023 026 036 038. G & S: Computer software for synchronization of data between computers, handheld electronic devices, and online accounts; computer game software; computer desktop utility software; computer screen saver software; software for detecting, eradicating and preventing computer viruses; software for computer system backup, data storage, and file management; software for downloading, storing, sharing, enhancing, distributing, editing, manipulating and printing of images and storage and management of image data files; software for access to and management of electronic personal calendars

APPLE iCal

IC 009. US 021 023 026 036 038. G & S: computer software for management of personal and business information for individuals and groups; computer software for data synchronization, electronic mail, data sharing, contact information management, task list management, automated reminders, and scheduling; computer software for facilitating publication of information to a website.

IC 041. US 100 101 107. G & S: PROVISION OF COMPUTER DATABASES, NAMELY, ONLINE ELECTRONIC SCHEDULES OF SPORTING, EDUCATIONAL, AND ENTERTAINMENT EVENTS, AND ACCESS THERETO.

APPLE WEBOBJECTS

IC 009. US 021 023 026 036 038. G & S: computer programs for information and data exchange on computer networks.

ZIMBRA ZIMBRA

IC 009. US 021 023 026 036 038. G & S: enterprise communications software and groupware for individuals, work teams, and administrators comprising utility, operating systems and applications software for use in e-mail and instant message processing, forwarding and archiving, calendaring, telephone dialing, voice mail retrieval, fax retrieval, and mobile telephone and remote online access; and utility, operating systems and applications software for use in web collaboration, desktop sharing, online document authoring and sharing

Yahoo! Inc. Flickr

IC 009. US 021 023 026 036 038. G & S: Computer software for use in database management; computer software for uploading, manipulating, and enhancing digital content, documents, photographs, images, video, and audio; computer software for linking metadata tags with photographic and other media files to enable search engine retrieval and database software collections of files and their on-line sharing, and for linking metadata tags with web pages visited, to create links which users can maintain for themselves and share with on-line groups and website tagging

MAILWASHER

IC 009. US 021 023 026 036 038. G & S: Downloadable computer software for the writing, sending, storage, processing, and management of email and other forms of communications; downloadable computer software for the writing, sending, storage, processing, and management of files, documents and images; downloadable computer software for the identification, prevention of and protection against unsolicited email and other intentional misuse and unauthorized penetration of computers, computer systems and computer networks; downloadable computer software for the surveillance of computers, computer systems and computer networks; downloadable computer software for the identification and removal of computer viruses; downloadable computer software for the provision of information relating to the aforesaid.

Services

APPLE .Mac

IC 039. US 100 105. G & S: Electronic storage of data, images, documents, software and technical information; storage of electronic media, including images, text, audio, and video data; business information storage and retrieval

IC 038. US 100 101 104. G & S: Electronic transmission of data, images, audio, video and documents, including text, cards, letters, messages, mail, animations, and electronic mail, over global communications networks; electronic mail services; facsimile transmission; communication services enabling computer users to exchange messages and files over the Internet

APPLE iCAL

IC 039. US 100 105. G & S: ELECTRONIC STORAGE AND RETRIEVAL OF DATA, NAMELY, ELECTRONIC STORAGE AND RETRIEVAL OF ELECTRONIC CALENDAR FILES.

(ABANDONED) IC 038. US 100 101 104. G & S: communications between computers, including handheld and mobile devices; electronic transmission of documents, data, and files; providing access to on-line information and data for individuals and groups.

Yahoo! Inc. Flickr

C 039. US 100 105. G & S: Electronic storage of media objects and other digital content including text, documents, photographs, images, video, and audio

Google PICASA

note "ALL VIA A GLOBAL COMPUTER NETWORK." phrase which was added from a previous registration filing IC 040. US 100 103 106. G & S: Photographic and image processing services, namely, a website enabling printing photographic and digital images from photographic negatives and uploaded DIGITAL images to imprintable surfaces; electronic image scanning, alteration and retouching of photographic images; photo enlarging, photo REprinting, photographic film developing; and modifying the size and color of photographic images, ALL VIA A GLOBAL COMPUTER NETWORK.

MAILWASHER

IC 038. US 100 101 104. G & S: Electronic mail services; e-mail filtering services provided for others to filter unsolicited e-mails, and consultation related thereto. FIRST USE: 20010815. FIRST USE IN COMMERCE: 20010818

SCO Group OPENSERVER

IC 009. US 021 023 026 036 038. G & S: Computer software, namely, operating system software; server operating system software; computer programs for system administration; computer programs for network administration; utilities; word processing programs;software for managing personal contact information; calendaring programs; terminal emulation programs; programs for downloading and playing audio and video; browser programs; programs for use in transmitting data between computers and other electronic devices;software used to provide software maintenance and updates; computer software for use in software development; computer programs for functioning as a compiler, translator and debugger for use with computer languages; computer programs for accessing networks; transaction processing software; graphical use interface software; computer graphics software; and data management software.

Six Apart Ltd, TYPEPAD

IC 042. US 100 101. G & S: APPLICATION SERVICE PROVIDER FEATURING SOFTWARE FOR USE IN WEB BASED PUBLISHING.

W WORDPRESS

IC 009. US 021 023 026 036 038. G & S: Downloadable software program for use in design and managing content on a website. FIRST USE: 20030328. FIRST USE IN COMMERCE: 20030328

IC 042. US 100 101. G & S: Software solutions, namely providing use of on-line non-downloadable software for use in enabling internet publishing. FIRST USE: 20030328.

XYTHOS

IC 009. US 021 023 026 036 038. G & S: computer software for the management, storage, sharing, transmission, replication, securing, and duplication of data; instructional manuals supplied as a unit therewith. FIRST USE: 19990700. FIRST USE IN COMMERCE: 20000110

IC 039. US 100 105. G & S: electronic storage of digital information; electronic storage of data. FIRST USE: 19990700. FIRST USE IN COMMERCE: 20000110

IC 042. US 100 101. G & S: software services, namely software development, and software maintenance; technical support services, namely, troubleshooting of computer software problems and customization of computer software; consulting services in the field of design, selection, implementation, integration, and use of computer software systems for others; computer consultation; computer software consultation; technical consultation in the field of data management, storage, sharing, transmission, replication, caching, securing, and duplication; hosting of digital content and/or computer software applications on a global computer network or a local area network; hosting online file and data archives and web sites for others on a computer server for a global computer network or a local area network; provision of information relating to the enabling of others to store, manage, transmit, replicate, share, duplicate, secure, and cache data; provision of web sites for the electronic storage, transmission, replication, sharing, duplication, securing, and caching, of data.

PAGE-ZONE.COM WEB HOSTING

IC 042. US 100 101. G & S: Computer service, namely, acting as an application service provider in the field of knowledge management to host computer application software for creating searchable databases of information and data; Computer services, namely, creating and maintaining web sites for others; Computer services, namely, designing and implementing network web pages for others; Computer services, namely, managing web sites for others; Creating or maintaining web sites for others; Design, creation, hosting and maintenance of internet sites for third parties; Design, creation, hosting, maintenance of websites for others; Displaying the web sites and images of others on a computer server; Hosting of digital content on the Internet; Hosting the web sites of others on a computer server for a global computer network; Providing customized on-line web pages featuring user-defined information, which includes search engines and on-line web links to other web sites.
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