Inveni, LLC

Trademark Trial and Appeal Board

Jul 24, 2012

No. 85131427 (T.T.A.B. Jul. 24, 2012)

Mailed:
July 24, 2012
Bucher

UNITED STATES PATENT AND TRADEMARK OFFICE
________

Trademark Trial and Appeal Board
________

In re Inveni, LLC
________

Serial No. 85131427
_______

Eric D. Paulsrud of Leonard Street and Deinard for Inveni,
LLC.

Ellen J.G. Perkins, Trademark Examining Attorney, Law Office
110 (Chris A.F. Pedersen, Managing Attorney).
_______

Before Bucher, Cataldo and Ritchie, Administrative Trademark
Judges.
Opinion by Bucher, Administrative Trademark Judge:
Inveni, LLC seeks registration on the Principal
Register of the mark INVENI (in standard character format)
for identified goods (e.g., computer software in
International Class 9) and recited services (e.g.,
entertainment and educational services in International
Class 41). The Trademark Examining Attorney refused
registration on the basis of applicant’s failure to provide
THIS OPINION IS NOT A
PRECEDENT OF THE TTAB
Serial No. 85131427
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a sufficiently definite recitation of services pursuant to
37 C.F.R. § 2.32(a)(6).1
After the Trademark Examining Attorney made the refusal
final, applicant appealed to this Board. We reverse the
refusal to register.
The Trademark Examining Attorney is requiring a more
definite statement of the services, alleging that “the
wording at issue consists of language that makes
classification ambiguous.” We disagree.
After several attempts to satisfy the requirements of
the Trademark Examining Attorney, applicant’s appeal
involves the following proposed language of two of three
subsets of its International Class 41 services:
Entertainment and educational services, namely,
providing a mobile wireless service that
aggregates and displays various requests, reviews,
recommendations, rankings, ratings, trackings,
votes, and information relating to movies,
television programming and other entertainment
media in the nature of music, video games and
books and provides recommendations to users based
on information provided by the user related to
the user's preferences and tastes; and
Entertainment and educational services, namely,
providing through the television a service that
aggregates and displays various requests,
reviews, recommendations, rankings, ratings,
trackings, votes, and information relating to
movies, television programming and other
entertainment media in the nature of music, video

1 Application Serial No. 85131427 was filed on September 16,
2010, based upon applicant’s allegation of a bona fide intention
to use the mark in commerce. The goods identified in
International Class 9 are not subject to the instant appeal.
Serial No. 85131427
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games and books and provides recommendations to
users based on information provided by the user
related to the user's preferences and tastes.

The Trademark Examining Attorney has approved the
following parallel construction of the third subset of
applicant’s recited services in International Class 41:
Entertainment and educational services, namely,
providing a website that aggregates and
displays various requests, reviews,
recommendations, rankings, ratings, trackings,
votes, and information relating to movies,
television programming and other entertainment
media in the nature of music, video games and
books and provides recommendations to users based
on information provided by the user related to
the user's preferences and tastes.

In essence, applicant recites a service wherein it
proposes to aggregate reviews of movies, television shows,
and other entertainment media. This is properly an
educational and entertainment service in International Class
41, and applicant has set out three parallel constructions
separating out the media channels through which this content
is provided: a website, through mobile wireless services,
and via television.
We find that the two recitations challenged above
could not be read to include services such as transmission
services, video on demand, or an ongoing television
program. Clearly, applicant is not proposing in isolation
the phrases “ … providing a mobile wireless service … ”
or “ … providing through the television a service … ” We
Serial No. 85131427
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find no ambiguity in the core of applicant’s proposed
services as recited: aggregating reviews of movies, TV
shows and other entertainment media. Accordingly, this
combined class application will proceed to publication
with the applicant’s proposed International Class 41
language of its Request for Reconsideration of October 14,
2011.
Decision: The refusal to register is hereby reversed.