| Goods and Services | TEAS Response to Office Action U.S. Trademark Application Serial No.: 99272429 Mark: MACRO PROCESS WHEEL Applicant: James Chilton Office Action Issue Date: November 26, 2025 Response Due: February 26, 2026 COVER STATEMENT Applicant appreciates the Examiner's review and submits this response to address the issues raised. The mark MACRO PROCESS WHEEL identifies a proprietary, patent-pending software and consulting platform-not a descriptive process or diagram. The mark is used in commerce to identify a specific SaaS product and accompanying services, and therefore functions as a valid source identifier for registration on the Principal Register (or, in the alternative, the Supplemental Register). RESPONSE TO REFUSALS I. Response to Section 2(e)(1) Refusal - "Merely Descriptive" Applicant respectfully disagrees with the Examining Attorney's conclusion that the applied-for mark MACRO PROCESS WHEEL is merely descriptive of the identified services. When considered as a whole and in the context of Applicant's offering, the mark functions as a distinctive and unitary source identifier rather than a generic description of a process. The Mark Represents a Unique, Proprietary Framework The term Macro Process Wheel(TM) identifies a patent-pending, integrated system combining SaaS software, consulting services, and a companion guidebook to deliver organizational transformation and AI implementation guidance. This combination distinguishes the mark from generic references to "macro process" or "process wheel." As shown in the attached specimen (Exhibit A), Macro Process Wheel(TM) is used to identify a proprietary software platform and methodology offered by Applicant-not a descriptive category of process tools. The product allows users to map and optimize their business functions, processes, and technology systems using a five-layer AI readiness model. The Combination Produces a Distinctive Commercial Impression While "macro process" and "wheel" may individually have descriptive meanings, the combination "Macro Process Wheel" is not a common phrase in the trade and conveys a unique commercial impression. In In re Colonial Stores, 394 F.2d 549 (C.C.P.A. 1968), the court recognized that a composite mark creating a new or incongruous meaning may be registrable even where its parts are descriptive. Here, the phrase Macro Process Wheel denotes a distinctive software-enabled ecosystem for transformation, not merely a descriptive process diagram. Applicant's Use Has Developed Source Recognition Applicant has used Macro Process Wheel(TM) consistently in commerce with the "(TM)" symbol to identify and distinguish its proprietary technology and advisory services. The mark has appeared in product materials, presentations, and consulting engagements, establishing recognition among business and technology executives as the name of a specific product and service source. Accordingly, Applicant respectfully requests withdrawal of the Section 2(e)(1) refusal and retention of the mark on the Principal Register. In the alternative, Applicant requests amendment to the Supplemental Register without prejudice to this argument. II. Response to Sections 1, 2, 3, and 45 Refusal - "Mark Identifies Process/System" Applicant further submits that Macro Process Wheel(TM) functions properly as a service mark identifying Applicant's business consulting and software services, and does not merely name a process or system. The Mark Identifies the Source of Integrated SaaS and Consulting Services The specimen and materials show that Macro Process Wheel(TM) is used prominently as the brand name of Applicant's proprietary platform combining: a SaaS tool for process mapping and AI-readiness analysis; a proven methodology and companion publication; and accompanying consulting and implementation services. The mark thus identifies the commercial source of these services rather than describing a process. Specimen Demonstrates Proper Service-Mark Use The attached website specimen (Exhibit A) displays the mark with clear calls to action such as "Get Started," "Schedule Advisory Services," and "Implementing the Macro Process Wheel in Your Organization." This satisfies 37 C.F.R. ยง 2.56(b)(2) by showing a direct association between the mark and the services offered. Verified Substitute Specimen Statement Applicant hereby verifies as follows: "The substitute specimen was in use in commerce at least as early as the filing date of the application and shows the mark in connection with the services identified in the application." Accordingly, Applicant respectfully requests withdrawal of this refusal. III. Supplemental Register (In the Alternative) If the Examining Attorney maintains the descriptiveness refusal, Applicant requests amendment of the application to the Supplemental Register to preserve filing priority while continuing to claim inherent distinctiveness. IV. CONCLUSION In view of the foregoing, Applicant respectfully requests that the Examining Attorney: Withdraw the Section 2(e)(1) and Section 45 refusals; and Approve the application for registration on the Principal Register-or, in the alternative, the Supplemental Register. Respectfully submitted, /s/ James Chilton James Chilton 6 Nelsons Way Hollis, NH 03049 Email: chilt169@mac.com |
