| Serial Number | 79371698 |
| Word Mark | SERVICEWARE PERFORMANCE |
| Filing Date | Tuesday, January 3, 2023 |
| Status | 645 - FINAL REFUSAL - MAILED |
| Status Date | Thursday, May 2, 2024 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | NOT AVAILABLE |
| Goods and Services | Training services, in particular conducting training courses for the in-house use of rationalisation solutions and program applications in the field of business information technology services; providing information in matters relating to training and further training, all in the field of business information technology services; publication of books, magazines, journals, periodicals, reports, handbooks, and texts other than advertising texts; multimedia publishing of musical sound recordings, sound, image and audio-visual recordings, multimedia recordings and electronic recordings, and multimedia publications; electronic publishing services, namely, publication of text and graphic works of others on CD, on DVD and online, featuring business information technology; organizing and arranging educational conferences, seminars and symposia in the field of business information technology services; staff training for business information technology services; organising exhibitions for cultural or educational purposes; rental of works of art |
| Description of Mark | The mark consists of the stylized wording "SERVICEWARE", with "SERVICE" in light blue (Pantone PMS 640) and "WARE" in dark blue (Pantone PMS 541), over the wording "Performance" in stylized dark blue (Pantone PMS 541) font. To the upper right of "SERVICEWARE" is an orange (Pantone PMS 151) circular design containing four shapes, each consisting of a rectangular line ending in a circle, which extend vertically from the bottom of the circle towards its center. The color white represents background, outlining, shading, and/or transparent areas and is not part of the mark. |
| Goods and Services | Downloadable computer software, namely, data processing programs in the field of business information technology services; machine readable data carriers, namely, blank magnetic disks and tapes and diskettes; computers in the nature of networked, electric communications terminals and connection apparatus in the nature of computer cables for use therewith; computer hardware, downloadable firmware and downloadable software, all for database management and connecting to Internet-enabled devices; computer programs, program systems, and program libraries, all recorded on data carriers for IT financial management (ITFM), cloud cost management, technology business management, corporate performance management, planning, budgeting, forecasting, business intelligence, analytics, project performance management, controlling, enterprise service management, IT service management (ITSM), human resources service management, field service management, customer service management, knowledge management, artificial intelligence, artificial intelligence chatbot, and/or database management, all in the field of business information technology services; recorded electronic data files and databases, namely in the field of business information technology services, for use with computer software |
| Description of the Colors Claimed | "SERVICE" in Light Blue (Pantone PMS 640); "WARE" in Dark Blue (Pantone PMS 541); circular area with four white/empty elements in Orange (Pantone PMS 151). |
| Goods and Services | Transmission of data from a knowledge and document management system via the Internet; provision of internet access services |
| Goods and Services | Paper and cardboard; software documentation of paper in the nature of printed reference guides and user manuals for software; data carrier packaging in the nature of cardboard cartons; printed matter, namely, paper signs, books, manuals, curricula, newsletters, informational cards and brochures in the field of business information technology services; printed books in the field of business information technology services; printed year books in the field of business information technology services; periodicals being printed magazines in the field of business information technology services; printed informational letters concerning business information technology services; printed newspapers; printed periodicals in the field of business information technology services; printed journals in the field of business information technology services; printed catalogues in the field of business information technology services; handbooks in the nature of printed manuals in the field of business information technology services; printed pamphlets in the field of business information technology services; printed leaflets about business information technology services; printed posters; stationery; paper tags; paper labels; drawing and painting materials, equipment and instruments, namely, easels and pencils for painting and drawing; writing instruments; printed instructional and teaching material not being apparatus in the field of business information technology services; book covers; bookmarkers; printed photographs; cartoon prints; pictures in the nature of printed photographs; printed calendars; ink pens; pencils; paper identification tags; blank notepads; rubber erasers; stationery in the nature of stickers; transfers in the nature of decalcomanias |
| Pseudo Mark | SERVICE WARE PERFORMANCE |
| Indication of Colors claimed | The color(s) light blue (Pantone PMS 640), dark blue (Pantone PMS 541), and orange (Pantone PMS 151) is/are claimed as a feature of the mark. |
| Goods and Services | Activities of a full-service advertising agency, namely, advertising and arranging of advertising, in particular development of advertising concepts; corporate identity consultancy, business consultancy and advisory services; providing advertising information relating to business by means of advertising of business seminars and conferences for others; business management, including organisation consultancy; professional business consultancy for information technology and other computer-related technology businesses; organisation of exhibitions for commercial or advertising purposes; matching companies with professionals in the field of art, namely, commissioning of works of art by artists, graphic artists, and graphic designers |
| NOT AVAILABLE | PERFORMANCE |
| Goods and Services | Advisory services relating to industrial engineering, interior design consultancy, and interior decorating, namely, development of concepts for the design and decorating of company premises with works of art at; graphic design; graphic design of company signs and design services related to transformation of existing company signs for others; technological consultancy relating to data processing systems; development, creating, further development and maintenance in the nature of improving and updating of computer software programs; providing a website featuring technology that allows users to license the computer software programs of others for a fee; technical consultancy related to the design and development of communications technology; preparation of technical engineering reports featuring technical operating, maintenance and training instructions for others; Internet services, namely, maintaining of an information management software system via the Internet; technological consultancy for business relating to software and hardware application; technological consultancy, in particular relating to software and hardware application, for business management assistance; providing temporary use of online non-downloadable computer software programs on the Internet for use in IT financial management (ITFM), cloud cost management, technology business management, corporate performance management, planning, budgeting, forecasting, business intelligence, analytics, project performance management, controlling, enterprise service management, IT service management (ITSM), human resources service management, field service management, customer service management, knowledge management, artificial intelligence, artificial intelligence chatbot, and/or database management, all in the field of business information technology services |
| International Class | 038 - Services allowing people to communicate with another by a sensory means. |
| US Class Codes | 100, 101, 104 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, June 12, 2023 |
| Primary Code | 038 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 009 - Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus. |
| US Class Codes | 021, 023, 026, 036, 038 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, June 12, 2023 |
| Primary Code | 009 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 016 - Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks. |
| US Class Codes | 002, 005, 022, 023, 029, 037, 038, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, June 12, 2023 |
| Primary Code | 016 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, June 12, 2023 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 041 - Education; providing of training; entertainment; sporting and cultural activities. |
| US Class Codes | 100, 101, 107 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, June 12, 2023 |
| Primary Code | 041 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | Monday, June 12, 2023 |
| Primary Code | 042 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Serviceware SE |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 94 - NOT AVAILABLE |
| Address | DE |
| Event Date | Event Description |
| Thursday, June 8, 2023 | SN ASSIGNED FOR SECT 66A APPL FROM IB |
| Monday, June 12, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, June 16, 2023 | APPLICATION FILING RECEIPT MAILED |
| Wednesday, September 27, 2023 | ASSIGNED TO EXAMINER |
| Thursday, September 28, 2023 | NON-FINAL ACTION WRITTEN |
| Friday, September 29, 2023 | NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW |
| Monday, October 16, 2023 | NON-FINAL ACTION MAILED - REFUSAL SENT TO IB |
| Monday, October 16, 2023 | REFUSAL PROCESSED BY MPU |
| Tuesday, November 7, 2023 | REFUSAL PROCESSED BY IB |
| Friday, April 12, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, April 12, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, April 12, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, May 2, 2024 | FINAL REFUSAL E-MAILED |
| Thursday, May 2, 2024 | FINAL REFUSAL WRITTEN |
| Thursday, May 2, 2024 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Wednesday, October 23, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, October 23, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, October 23, 2024 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Wednesday, November 6, 2024 | NOTIFICATION OF POSSIBLE OPPOSITION CREATED, TO BE SENT TO IB |
| Wednesday, November 6, 2024 | NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB |