Illume Advising LLC

Trademark Trial and Appeal Board

Sep 4, 2020

87944827 (T.T.A.B. Sep. 4, 2020)

This Opinion is not a
Precedent of the TTAB

Mailed: September 4, 2020

UNITED STATES PATENT AND TRADEMARK OFFICE
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Trademark Trial and Appeal Board
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In re Illume Advising LLC
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Serial No. 87944827
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Stephen C. Werner Jr. of Murphy Desmond SC,
for Illume Advising LLC.
Michelle Ribaudo, Trademark Examining Attorney, Law Office 126,
Andrew Lawrence, Managing Attorney.
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Before Zervas, Heasley and Dunn,
Administrative Trademark Judges.

Opinion by Zervas, Administrative Trademark Judge:
Illume Advising LLC (“Applicant”) seeks registration on the Principal Register of
the mark ILLUME, in standard characters, for services in International Class 35
identified as:
Business Consulting services for the energy industry, namely,
evaluability consulting, strategic business consulting, behavior change
consulting, participant observation, predictive analysis, micro-
targeting, social and data research, customer research, secondary
research, survey research, market assessment, qualitative research,
statistical modeling, field trials for business purposes, experimental
design for business purposes, meter and billing impact analysis,
embedded evaluation, efforts evaluation, process evaluation, data
Serial No. 87944827
- 2 -
analysis, customer segmentation, customer journey mapping, program
and portfolio planning, cost-effectiveness analysis, regulatory support
and testimony.1
The Trademark Examining Attorney refused registration of Applicant’s mark
under Section 2(d) of the Trademark Act, 15 U.S.C. § 1052(d), on the ground that
Applicant’s mark is likely to cause confusion with the previously registered mark
ILLUME, also in standard character form, for services in International Class 35
identified as:
Providing an on-line computer database in the field of marketing for
creating market segments, reports and statistical analysis based on a
business intelligence interface designed for managing customer
registration, contact and behavioral activity.2
The cited registration was cancelled on August 21, 2020 for failure to file a
declaration of use. Section 8 of the Trademark Act, 15 U.S.C. § 1058.
Decision: The refusal to register Applicant’s mark is reversed as moot in view of
the fact that the cited registration has been cancelled.

1 Application Serial No. 87944827, filed on June 1, 2018 pursuant to Section 1(a) of the
Trademark Act, 15 U.S.C. § 1051(a), claiming first use and first use in commerce on
September 3, 2013.
2 Registration No. 4467652, issued January 14, 2014.