| Serial Number | 78738725 |
| Word Mark | INTELLITESTER |
| Filing Date | Sunday, October 23, 2005 |
| Status | 602 - ABANDONED - FAILURE TO RESPOND OR LATE RESPONSE |
| Status Date | Tuesday, December 5, 2006 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 4000 - Illustration: Drawing with word(s) / letter(s) / number(s) in Block form |
| Published for Opposition Date | NOT AVAILABLE |
| Concurrent Use Statement | Thank you for your obviously thorough analysis, but several critical points were not made clear and which, when considered, will clearly support your approval. The conclusion that "both convey to consumers that the services provide some sort of test that measures intelligence" is materially inaccurate. Experior Corp's proprietary InteliTest Licensure Examination System is a human testing process, while our IntelliTester will be a software application used by software developers and quality assurance engineers to mechanically exercise their own applications under construction. These are two very different industries and as such have zero overlap and no chance for confusion. Secondarily, the stated purpose "Testing, analysis and evaluation of the goods and services of others for the purpose of certification" might sound very similar to Experior's services for "Exam development and administration services in the field of educational and professional licensure testing", but the IntelliTester software in no way evaluates human beings. Specifically, our customers use our software product to exercise their computer programs much like an old-fashioned "player piano" - appearing as a 'ghost in the machine'. Ours is a utility designed for internal use by Information Technology departments with primary market competition being: Mercury Interactive's QuickTest (www.tinyurl.com/24wkt) or IBM/Rational Robot products (www.tinyurl.com/4qgcq). Thank you! |
| Goods and Services | Testing, analysis and evaluation of the goods and services of others for the purpose of certification |
| Pseudo Mark | INTELLIGENT TESTER |
| International Class | 042 - Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, October 27, 2005 |
| Primary Code | 042 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | NOT AVAILABLE |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 01 - Individual |
| Address | Tumwater, WA 98512 |
| Event Date | Event Description |
| Tuesday, December 5, 2006 | ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND |
| Tuesday, December 5, 2006 | ABANDONMENT - FAILURE TO RESPOND OR LATE RESPONSE |
| Tuesday, May 9, 2006 | FINAL REFUSAL E-MAILED |
| Tuesday, May 9, 2006 | FINAL REFUSAL WRITTEN |
| Monday, May 1, 2006 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, April 26, 2006 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, April 26, 2006 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, April 26, 2006 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Wednesday, April 26, 2006 | NON-FINAL ACTION E-MAILED |
| Wednesday, April 26, 2006 | NON-FINAL ACTION WRITTEN |
| Wednesday, April 26, 2006 | ASSIGNED TO EXAMINER |
| Thursday, October 27, 2005 | NEW APPLICATION ENTERED IN TRAM |