NON-FINAL ACTION - MAILED
final action
on 13 Aug 2024
Last Applicant/ Owned by
141 W. Jackson Blvd., Suite 1375
Chicago
IL
60604
Serial Number
98447938 filed on 13th Mar 2024
Registration Number
N/A
Filing Basis
1. intent to use
2. intent to use current
Disclaimer
NO DATA
ADAPTIVE DATA FABRIC
Application service provider (ASP) featuring software that collects content from one set of business partners and automatically distributes the content to another set of business partners for use in advertising and marketing and provides temporary use of the distributed content to the receiving business partners for use in on-line marketing and marketing communications; software as a service (SAAS Read More
Classification Information
Class [044]
Medical, Beauty & Agricultural Services
Provision of nutritional information and lifestyle wellness information relating to pre-packaged consumer foods
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [042]
Computer & Software Services & Scientific Services
Application service provider (ASP) featuring software that collects content from one set of business partners and automatically distributes the content to another set of business partners for use in advertising and marketing and provides temporary use of the distributed content to the receiving business partners for use in on-line marketing and marketing communications; software as a service (SAAS) services featuring software for development, updating and maintenance of software and databases for use in management and synchronization of supply chain and ecommerce data such as logistics, integration, analytics, pricing, order tracking, invoicing, sales, and promotions; software as a service (SAAS) services featuring software for use in data management; software as a service (SAAS) services featuring software for data storage, repository, archival, retrieval, and sharing; providing temporary use of non-downloadable computer software for creating nutrition calculators for consumers to customize their meals and know the nutritional content for consumers; providing a web-based service featuring technology that enables users to store, transfer, and verify nutrition data; providing temporary use of a web-based software application that allows users to import data, formats the data, and automatically notifies users when their nutrition information needs updating; designing, developing and hosting websites for others in the nature of electronic catalogs for others' products on the internet; interior design services for retail stores; providing temporary use of on-line non-downloadable software for customizing pages in electronic catalogs; creating being designing and developing a database of digital images, attributes, data, video files, marketing copy, rich media and other information for products; hosting of digital content on the Internet in the nature of a database of digital images, attributes, data, video files, marketing copy, rich media and other information for products; software as a service (SAAS) services featuring software for helping brands monitor and optimize the product content on their own websites and on the websites of their retailers; design and development of computer programs and software for use in business operations and general office functions; computer software consultation; programming, design, development, implementation, installation, integration and updating of computer software for others; leasing and rental of computer software for managing and syndicating product content including attributes digital assets and viewing analytics; leasing of non-downloadable computer software and cloud based software for managing and syndicating product content including attributes digital assets and viewing analytics; hosting of computer software for others; technical support services, namely, troubleshooting of computer software problems; repair, leasing, updating and maintenance of computer programs and software for managing and syndicating product content including attributes digital assets and viewing analytics; providing information via the Internet in the field of the development, programming, repair, leasing, updating, and design of computer software; application service provider (ASP) involving hosting applications and software of others for the purpose of collecting, organizing, and delivering information relating to nutritional information and lifestyle wellness information relating to pre-packaged consumer foods; application service provider (ASP) featuring hosting computer software applications of others for the purpose of collecting, organizing, and delivering information relating to nutritional information and lifestyle wellness information relating to pre-packaged consumer foods; document, data, text, image, photography and graphic works retrieval and conversion from one form of media to another; graphic art design and illustration services for others; integration of computer systems and networks including database and directory integration; computer services for others, namely, designing, programming, creating, implementing, maintaining, and hosting network web pages, user interfaces and websites for others, hosting content management systems for others digital asset management services for others, namely, providing online non-downloadable software for capturing and housing digital assets; creating promotional kiosks, namely, custom design of kiosks for use at tradeshows; software as a service (SAAS) services featuring software for allowing product manufacturers to view their products inside their distributors' partners' point of sales system; software as a service (SAAS) services featuring software for allowing product manufacturers to exchange product information to retailers and sellers; software as a service (SAAS) services featuring software for web-based service that enables a supplier of products that are distributed by distributor to view data describing its products, product content in the same way the distributor displays the data to its customers and sales reps, also allows for the visualization of sales data; application service provider (ASP) featuring software for use in the fields of publishing, syndication, management, and monetization of content delivered via the Internet and other computer networks in text, audio, video, RSS and other formats; computer consultation services in the field of a global computer information network; computer software design for others and the updating of that software; computer consultation in the field of a global computer information network to include strategic planning, development, design and implementation for various media, multimedia and network applications; software as a service (SAAS) services, namely, hosting software for use by others for use in lead qualification processing; providing temporary use of on-line non-downloadable cloud computing software for creating and publishing brand content in the nature of product information, videos, images and other rich media content, to online retail websites; design services for others in the nature of designing digital product labels for consumer products; interior retail store design services; electronic imaging, scanning, and digitizing of artwork, images, text, photographs, illustrations and graphic designs; design services for others in the nature of design of digital product labels for consumer products; providing subscription-based temporary use of on-line non-downloadable software for managing, optimizing, and delivering product content for others; providing subscription-based temporary use of on-line non-downloadable software for digital product content management; providing subscription-based temporary use of on-line non-downloadable software for organization, distribution, and optimization of content across different recipient channels; providing subscription-based temporary use of on-line non-downloadable software for management of third-party product content; providing subscription-based temporary use of on-line non-downloadable software used for collecting, storing, organizing, maintaining, managing, and publishing data and information relating to products and services for suppliers, manufacturers, distributors and retailers; providing subscription-based temporary use of on-line non-downloadable software for content review, normalization, optimization, assembly, linking and publishing; providing subscription-based temporary use of on-line non-downloadable software for linking products, image ordering in accordance with recipient requirements, adding marketing data and/or attributes; providing on-line non-downloadable software for managing, optimizing, and delivering product content for others; providing on-line non-downloadable software for digital product content management; providing on-line non-downloadable software for organization, distribution, and optimization of content across different recipient channels; providing on-line non-downloadable software for management of third-party product content; providing on-line non-downloadable software used for collecting, storing, organizing, maintaining, managing, and publishing data and information relating to products and services for suppliers, manufacturers, distributors and retailers; providing on-line non-downloadable software for content review, normalization, optimization, assembly, linking and publishing; providing on-line non-downloadable software for linking products, image ordering in accordance with recipient requirements, adding marketing data and/or attributes; software services to generate descriptive content, including marketing copy, using generative AI; providing a website featuring temporary use of non-downloadable software using artificial intelligence for product configuration design and option selection for various types of products and for use by manufacturers, retailers and vendors; Providing a website featuring temporary use of non-downloadable software using artificial intelligence for product merchandising and store optimization services for others; Software as a service (SAAS) services featuring software using artificial intelligence for product configuration design and option selection for various types of products and for use by manufacturers, retailers and vendors; Software as a service (SAAS) services featuring software using artificial intelligence for product merchandising and store optimization services for others; Providing online non-downloadable real-time recommendation engine software based on artificial intelligence and algorithms for generating product configuration design and option selection for various types of products and for use by manufacturers, retailers and vendors; Providing online non-downloadable real-time recommendation engine software based on artificial intelligence and algorithms for generating product merchandising and store optimization services for others; Providing online non-downloadable software based on artificial intelligence and algorithms for generating and enriching product information; Providing online non-downloadable software based on artificial intelligence and algorithms for creating workflows and moderating data; Providing online non-downloadable software based on artificial intelligence and algorithms for merging entity records and defining data lineage; Providing online non-downloadable software based on artificial intelligence and algorithms for analyzing product data to identify opportunities and insights; Providing online non-downloadable software based on artificial intelligence and algorithms for evaluating readiness and optimization of data for distribution
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [041]
Education and Entertainment Services
Audio recording and videotape production services and production of print, photographic, audio, video, multimedia or electronic presentations for others; editing proof books and reference books to the order and specification of others; electronic publishing services, namely, publication of text and graphic works of others on computer disks; digital imaging and photography services; post-production services featuring non-linear editing, graphics production, film and videotape editing, film scanning, coloring and dubbing, multi-media composition of photo images and video material, graphic art work and animation to the order and specification of others
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [020]
Furniture Products
Plastic hang tags; plastic strips being plastic labels
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [016]
Paper Goods and Printed Material
Paper hang tags; paper strips in the nature of paper card stock for signage, labels, and tags; tags and strips being printed paper labels; tags and strips being printed paper labels featuring product pricing and product advertising information; tags and strips being printed paper labels for use at retail stores as a non-pressure sensitive tag; printed manuals and reference books featuring product images and logos and product data for use in advertising, promotions and merchandising
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [009]
Computer & Software Products & Electrical & Scientific Products
Complex inference engine based product configuration software for designing and selecting various types of products, recorded on various media and downloadable from a global computer network; complex product configuration software in the nature of computer-aided manufacturing (CAM) and enterprise resource planning (ERP) software for use by customers in design and option selection for various types of products and for use by manufacturers, retailers and vendors in filling customers' orders, recorded on various media and downloadable from a global computer network; computer software used for collecting, storing, organizing, maintaining, managing, and publishing data and information relating to products and services for suppliers, manufacturers, distributors and retailers, recorded on various media and downloadable from a global computer network; downloadable software for customizing pages in electronic catalogs; downloadable computer software for enterprise resource planning (ERP) for collecting, storing, managing and interpreting data from business activities; downloadable computer software for managing product and customer information; downloadable computer software for managing, controlling and reporting financial information; downloadable supplier relationship management (SRM) software for managing interactions with third party suppliers; downloadable computer software for managing catalog inventory, for managing spare parts inventory and for managing supplier contracts; downloadable project portfolio management (PPM) software for analyzing work projects, for projecting costs, and for billing; downloadable supply chain management (SCM) software for managing customer orders and inventory and fulfillment management; downloadable computer software for design and estimating of decks, fences, garages, patios, play sets, pole buildings, and other home improvement and construction projects; downloadable computer software providing plans, parts lists, and assembly instructions for backyard construction projects, including patios, decks, gazebos, storage sheds, freestanding garages, playhouses, doghouses, arbors, fences, sandboxes, and flower boxes; downloadable computer software to assist consumers in deck design and deck design projects; downloadable computer software to assist consumers in fence design and fence design projects; downloadable computer software to assist consumers in garage design and garage and shed design projects; downloadable computer software to assist consumers in design of playsets and playset design projects; downloadable computer software to assist consumers in patio design and patio design projects; downloadable computer software to assist consumers in coordination, design and construction of home improvements consisting of garages, fences, decks, and patios; co-op advertising and recovery system namely, downloadable computer software programs that provide text and graphics handling capabilities for layout of multi-page documents and display advertisements and prerecorded computer disks featuring product images and logos and product data sold together as a unit in the media industry; prerecorded computer disks featuring product images and logos and product data in the field of advertising, promotions and merchandising; downloadable electronic files in the nature of graphic works and text featuring product images and logos and product data in the field of advertising, promotions and merchandising; downloadable software for managing, optimizing, and delivering product content for others; downloadable software for digital product content management; downloadable software for organization, distribution, and optimization of content across different recipient channels; downloadable software for management of third-party product content; downloadable software used for collecting, storing, organizing, maintaining, managing, and publishing data and information relating to products and services for suppliers, manufacturers, distributors, and retailers; downloadable software for content review, normalization, optimization, assembly, linking and publishing; downloadable software for linking products, image ordering in accordance with recipient requirements, adding marketing data and/or attributes; Software and application to generate descriptive content, including marketing copy, using generative AI
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [040]
Treatment & Processing of Materials Services
Photographic reproduction of documents and images for others; pre-press services, namely, alteration and restoration of artwork, images, text, photographs, illustrations and graphic designs; photocomposition services for others; color separation services; preparing film and digital files, namely, manipulating, and reducing film and digital files for use in printing and multimedia production for others; laminating of product information labels or shelf strip sheets; printing services including color printing and large format printing
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [038]
Communications Services
Providing access to a database of digital images, attributes, data, video files, marketing copy, rich media and other information for consumer goods; providing access to a database of digital images, attributes, data, video files, marketing copy, rich media and other information for products; providing multiple-user access to a global computer information network for the transfer and dissemination of a wide range of information
First Use Date in General
N/A
First Use Date in Commerce
N/A
Class [035]
Advertising, Business & Retail Services
Product merchandising for others in the nature of design and maintenance of planograms for third party retailers, manufacturers, distributers and wholesalers; store optimization services being product merchandising for others in the nature of development of store and shelf layouts and shelf merchandising; retail store product merchandising services, namely, providing signs and tags for on shelf edge or off shelf displays to retailers and manufacturers for use in retail stores; analyzing and compiling business data in the field of consumer product information including product images, label information and details, product and product case measurements; business management services in the field of digital assets and product information; electronic catalog services featuring a wide variety of consumer goods of others; providing an online computer database featuring trade information in the field of consumer products and retail supermarket products; advertising and promotional services for others in the nature of creating digital images, mobile device-compatible images, rotatable images, and content for product advertisement purposes in e-commerce marketplaces, virtual stores, and marketing materials; providing an online computer database featuring data relating to consumers products including product images, label images, instructions, brand information, and contents; advertising and promotional services for others in the nature of disseminating product information to retailers; business services including operation of a business for others in the nature of operating and product management centers for creating digital records of consumer products; business services including operation of a business for others in the nature of operating digital content creation centers; advertising services in the field of publishing, syndication, management, and monetization of content delivered via the Internet and other computer networks in text, audio, video, RSS and other formats; providing advertising and marketing consulting, business development and business management services for others including product merchandising; advertising services, namely, cooperative advertising, creation and development of spec advertisements and ready-to-use advertisements for others; providing an online computer database featuring advertising content, namely, downloadable product images, logos and product data, and creative advertising content; advertising services including creating corporate and brand identity for others; preparing promotional plans and materials for others for use at trade shows; product merchandising services in the nature of plannogramming support for manufacturers and retailers including preparing product displays, inventory control, preparing promotional shelf dividers, and providing product merchandising strategies for the arrangement of retail products on retail shelves or displays in order to increase customer purchases; records management services including document indexing for others; dissemination of advertising content for others via the Internet; advertising consulting services; creating advertising material, namely, production of print, audio, video, and multimedia materials, presentations and programs for others to use to promote their products and services; creating advertising content, namely, electronic files featuring product images and logos and product data for use in promoting, advertising and merchandising products; advertising services including compiling, editing and servicing proof books to the order and specifications of others for advertising purposes; providing an online computer database featuring downloadable product images and logos and product data for use in promoting, advertising and merchandising products of others; compilation of advertisements for others in the nature of product images and logos and product data for use as web pages on the Internet; product merchandising services, namely, the creation, design and maintenance of planograms for third party retailers, manufacturers, distributers or wholesalers; store optimization services being retail merchandising services, namely, the development of store and shelf layouts and shelf merchandising services; shelf edge services being product merchandising services, namely, providing signs and tags to retailers or manufacturers for use in retail stores on shelf edge or off-shelf displays; product information services, namely, providing information regarding product images, label information, and details, product and product case measurements and data for use by third parties; product information management services for efficient and accurate transfer of information across the brand and retailer ecosystem; product merchandising for others in the nature of content design and maintenance of product information for third party retailers, manufacturers, distributers and wholesalers; store optimization services being product merchandising for others in the nature of development of content management, distribution, optimization, production and delivery; providing an online computer database featuring product content information in the field of consumer products and retail supermarket products; advertising and promotional services for others in the nature of creating production for product advertisement purposes in e-commerce marketplaces, virtual stores, and marketing materials; product information management services for efficient and accurate transfer of product content across the brand and retailer ecosystem; product content development for third parties in the nature of advertising and marketing content creation for sales conversion
First Use Date in General
N/A
First Use Date in Commerce
N/A
Mark Details
Serial Number
No 98447938
Mark Type
No Service Mark
Attorney Docket Number
No 079138-309US
44D Filed
No
44D Current
No
44E filed
No
44E Current
No
66A Filed
No
66A Current
No
Current Basis
No
No Basis
No
Legal History
| Status Date | Action Taken |
|---|---|
| 12th Nov 2024 | APPLICATION EXTENSION GRANTED/RECEIPT PROVIDED |
| 12th Nov 2024 | APPLICATION EXTENSION TO RESPONSE PERIOD - RECEIVED |
| 13th Aug 2024 | NON-FINAL ACTION E-MAILED |
| 13th Aug 2024 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| 13th Aug 2024 | NON-FINAL ACTION WRITTEN |
| 05th Aug 2024 | ASSIGNED TO EXAMINER |
| 13th Mar 2024 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| 13th Mar 2024 | NEW APPLICATION ENTERED |