HelpDocs LTDDownload PDFTrademark Trial and Appeal BoardJun 2, 202079247852 (T.T.A.B. Jun. 2, 2020) Copy Citation This Opinion is Not a Precedent of the TTAB Mailed: June 2, 2020 UNITED STATES PATENT AND TRADEMARK OFFICE _____ Trademark Trial and Appeal Board _____ In re HelpDocs Ltd. _____ Serial No. 79247852 _____ Avraham S. Z. Cohn of Cohn Legal, PLLC, for HelpDocs Ltd. Christopher Hoffman, Trademark Examining Attorney, Law Office 128,1 Travis Wheatley, Managing Attorney, Law Office 128. _____ Before Cataldo, Wolfson and Hudis, Administrative Trademark Judges. Opinion by Hudis, Administrative Trademark Judge: HelpDocs Ltd. (“Applicant”) seeks registration on the Principal Register of the mark HELPDOCS (in standard characters) for, inter alia, computer hardware design and computer software programming and design services in International Class 42, and computer software licensing and the legal administration of software licenses in International Class 45.2 The services recited in the application are so extensive that, 1 Heather A. Sales was the Examining Attorney during the prosecution of the application. 2 Application Serial No. 79247852, filed as a Request for Extension of Protection of International Registration No. 1440144, pursuant to the Protocol Relating to the Madrid Serial No. 79247852 - 2 - for organizational efficiency, the full identification of services is provided in an Appendix at the end of this opinion. Before proceeding to the merits, we review the prosecution of this application for a better understanding of Applicant’s appeal and our decision. I. Prosecution of the Application In the first Office Action of January 2, 2019, the Trademark Examining Attorney refused registration of the proposed HELPDOCS mark under Trademark Act Section 2(d), 15 U.S.C. § 1052(d), on the ground that Applicant’s mark was likely to cause confusion, mistake, or deception with respect to the registered mark DOCHELP.3 The Examining Attorney also required a more definite recitation of services in the application. In its response of February 24, 2019, Applicant expressed disagreement with the likelihood of confusion refusal, stating: In regards to the DOCHELP trademark, I do not think consumers will become confused. The DOC and DOCS relate to different goods or services, and in my opinion, are very unlikely to be confused for one another. - In the HELPDOCS case, the DOCS relates to the word “documentation”. We chose this name because it is short for “help documentation”. - I believe the DOC in DOCHELP relates to the word “doctor” and it is about helping doctors. (Emphasis added). Applicant also sought to comply with the Examining Attorney’s request for a more definite recitation of services. Agreement Concerning the International Registration of Marks, implemented in the United States under Trademark Act Section 66(a), 15 U.S.C. § 1141f(a). The application has an effective filing date of August 9, 2018. 3 Registration No. 5309901, issued on October 17, 2017. Serial No. 79247852 - 3 - In the second Office Action of March 1, 2019, based on Applicant’s response, the Examining Attorney withdrew the refusal under Trademark Act Section 2(d), continued and maintained the requirement for an acceptable identification of services, and issued a new refusal to register the HELPDOCS mark as merely describing a feature/purpose/function of Applicant’s services in derogation of Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1). In its response of June 19, 2019, Applicant conveyed its disagreement with the merely descriptive refusal, stating: While I agree that Help Documentation is merely descriptive, I disagree that HelpDocs as a trademark is descriptive of Help Documentation. The supporting evidence submitted [by the Examining Attorney] from other companies mention[s] the terms “Knowledge Base”, “Help Documentation”, and “Help Authoring”, but none of them specifically mention “HelpDocs” as something they offer to customers. (Emphasis added). Applicant again sought to comply with the Examining Attorney’s request for a more definite recitation of services. Although determining that the requirement for a more definite identification of services had been satisfied, the Trademark Examining Attorney made the mere descriptiveness refusal final on June 21, 2019. Applicant then appealed to this Board. We affirm the refusal to register as to the services in Class 42. We reverse the refusal to register as to the services in Class 45. Serial No. 79247852 - 4 - II. Applicable Law In the absence of a showing of acquired distinctiveness,4 Trademark Act Section 2(e)(1) precludes registration of a mark on the Principal Register which, when used in connection with the applicant’s services, is merely descriptive of them. A mark is “merely descriptive” within the meaning of Section 2(e)(1) “if it immediately conveys information concerning a feature, quality, or characteristic of the goods or services for which registration is sought.” In re N.C. Lottery, 866 F.3d 1363, 123 USPQ2d 1707, 1709 (Fed. Cir. 2017) (citing In re Bayer AG, 488 F.3d 960, 82 USPQ2d 1828, 1831 (Fed. Cir. 2007)). The underlying concern is whether businesses and competitors will have the freedom to use descriptive language when merely describing their own goods or services to the public in advertising and marketing materials. In re Abcor Dev. Corp., 588 F.2d 811, 200 USPQ 215, 217 (CCPA 1978); In re Styleclick.com Inc., 58 USPQ2d 1523, 1527 (TTAB 2001). “A word, term, or letters that are a recognized abbreviation for the goods or services in the application also is merely descriptive.” In re BetaBatt, Inc., 89 USPQ2d 1152, 1155 (TTAB 2008). However, not all abbreviations are necessarily merely descriptive. While each case must be decided on the basis of the particular facts involved, … as a general rule, initials cannot be considered descriptive unless they have become so generally understood as representing descriptive words as to be accepted as substantially synonymous therewith. 4 In the Office Action of March 1, 2019, the Examining Attorney invited Applicant to submit evidence that the proposed HELPDOCS mark had acquired distinctiveness. Applicant did not take up the Examining Attorney’s invitation to amend the application to seek registration under Trademark Act Section 2(f), 15 U.S.C. § 2(f), and no evidence of acquired distinctiveness was submitted. Serial No. 79247852 - 5 - Modern Optics, Inc. v. Univis Lens Co., 234 F.2d 504, 110 USPQ 293, 295 (CCPA 1956). Accordingly, for an abbreviation to be merely descriptive of an applicant’s goods or services, the Board has to find the following: 1. The abbreviation is generally understood to be a shortened form for certain words in the relevant field; 2. The words represented by the abbreviation are merely descriptive of the goods or services listed in the application; and 3. A relevant consumer viewing the abbreviation in connection with the applicant’s goods or services would recognize it as such. BetaBatt, Inc., 89 USPQ2d at 1154 (citing In re Harco Corp., 220 USPQ 1075, 1076 (TTAB 1984)). “A mark need not recite each feature of the relevant goods or services in detail to be descriptive, it need only describe a single feature or attribute.” In re Chamber of Commerce of the U.S., 675 F.3d 1297, 102 USPQ2d 1217, 1219 (Fed. Cir. 2012) (citation and internal quotation omitted); see also In re Oppedahl & Larson LLP, 373 F.3d 1171, 71 USPQ2d 1370, 1371 (Fed. Cir. 2004) (“A mark may be merely descriptive even if it does not describe the ‘full scope and extent’ of the applicant’s goods or services.” (citing In re Dial-A-Mattress Operating Corp., 240 F.3d 1341, 57 USPQ2d 1807, 1812 (Fed. Cir. 2001)). Conversely, a mark is suggestive if it “requires imagination, thought, and perception to arrive at the qualities or characteristics of the goods or services.” In re Franklin Cty. Historical Soc’y, 104 USPQ2d 1085, 1087 (TTAB 2012). Serial No. 79247852 - 6 - Whether a mark is merely descriptive is evaluated “in relation to the particular [services] … for which registration is sought, the context in which it is being used, and the possible significance that the term would have to the average purchaser of the [services] … because of the manner of its use or intended use.” In re Chamber of Commerce, 102 USPQ2d at 1219 (quoting In re Bayer, 82 USPQ2d at 1831) and “not in the abstract or on the basis of guesswork.” In re Fat Boys Water Sports LLC, 118 USPQ2d 1511, 1513 (TTAB 2016) (citing In re Abcor, 200 USPQ at 218). We ask “not whether someone presented with only the mark could guess what the goods or services are. Rather, the question is ‘whether someone who knows what the goods or services are will understand the mark to convey information about them.” DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 103 USPQ2d 1753, 1757 (Fed. Cir. 2012) (citation and internal quotation omitted). That a term has different meanings in different contexts is not controlling. In re Bright-Crest Ltd., 204 USPQ 591, 593 (TTAB 1979). “When two or more merely descriptive terms are combined, the determination of whether the composite also has a merely descriptive significance turns on the question of whether the combination of terms evokes a new and unique commercial impression.” In re Phoseon Tech., Inc., 103 USPQ2d 1822, 1823 (TTAB 2012). A mark comprising a combination of merely descriptive components is registrable if the combination creates an incongruous expression having the characteristics of a coined or fanciful mark, see In re Colonial Stores Inc., 394 F.2d 549, 157 USPQ 382, 384 (CCPA 1968) (citing Blisscraft of Hollywood v. United Plastics Co., 294 F.2d 694, 131 Serial No. 79247852 - 7 - U.S.P.Q. 55, 59-60 (2d Cir. 1961)), or “whose import would not be grasped without some measure of imagination and ‘mental pause.’” In re Shutts, 217 USPQ 363, 364- 65 (TTAB 1983). However, if each component retains its merely descriptive significance in relation to the goods or services, the combination results in a composite that is itself merely descriptive. See, e.g., In re Oppedahl & Larson, 71 USPQ2d at 1374 (PATENTS.COM merely descriptive of computer software for managing a database of records that could include patents and for tracking the status of the records by means of the Internet); see also In re Phoseon Tech., 103 USPQ2d at 1823 (“When two or more merely descriptive terms are combined, ... [i]f each component retains its merely descriptive significance in relation to the goods or services, the combination results in a composite that is itself merely descriptive.”). Where the combination of the descriptive words creates no incongruity, no imagination is required to understand the nature of the goods or services, and the mark remains merely descriptive. In re Copytele Inc., 31 USPQ2d 1540, 1542 (TTAB 1994). We may consider the significance of each element separately in the course of evaluating the mark as a whole. See DuoProSS Meditech, 103 USPQ2d at 1757 (noting that “[t]he Board to be sure, can ascertain the meaning and weight of each of the components that makes up the mark.”). Evidence that a term is merely descriptive to the relevant purchasing public may be obtained from any competent source, In re Nett Designs Inc., 236 F.3d 1339, 57 USPQ2d 1564, 1566 (Fed. Cir. 2001), such as dictionaries, newspapers, or surveys. In Serial No. 79247852 - 8 - re Bayer, 82 USPQ2d at 1831. It also may be obtained from websites and publications. In re N.C. Lottery, 123 USPQ2d at 1710. In short, “the [US]PTO has satisfied its evidentiary burden if … it produces evidence including dictionary definitions that the separate words joined to form a compound have a meaning identical to the meaning common usage would ascribe to those words as a compound.” In re Gould Paper Corp., 834 F.2d 1017, 1018, 5 USPQ2d 1110, 1111-12 (Fed. Cir. 1987). Once the Examining Attorney establishes a prima facie case of mere descriptiveness, the burden of rebuttal shifts to Applicant. In re Gyulay, 820 F.2d 1216, 3 USPQ2d 1009, 1010 (Fed. Cir. 1987). The Board resolves doubts as to the mere descriptiveness of a proposed mark in favor of the applicant. In re Fat Boys, 118 USPQ2d at 1513. III. Evidence Provided by the Examining Attorney We here discuss only the evidence provided by the Examining Attorney, because Applicant did not submit any evidence during the prosecution of the HELPDOCS application. However, the Examining Attorney made of record the following dictionary and other reference materials:5 • Definitions of HELP from THE AMERICAN HERITAGE DICTIONARY OF THE ENGLISH LANGUAGE – To give assistance to (someone); make it easier for 5 The definitions of HELP and DOCUMENT, and the abbreviation of DOCS, were submitted with the Office Action of March 1, 2019 at TSDR 7-9. The further abbreviations of DOC and DOCS were submitted with the Office Action of June 21, 2019 at TSDR 4-5. Page references herein to the application record refer to the online database of the USPTO’s Trademark Status & Document Retrieval (“TSDR”) system. All citations to documents contained in the TSDR database are to the downloadable .pdf versions of the documents in the USPTO TSDR Case Viewer. References to the briefs on appeal refer to the Board’s TTABVUE docket system. Coming before the designation TTABVUE is the docket entry number; and coming after this designation are the page references, if applicable. Serial No. 79247852 - 9 - (someone) to do something; To contribute to the effectiveness or improvement of (something); improve or advance: To be of service; give assistance. • Definitions of DOCUMENT from THE AMERICAN HERITAGE DICTIONARY OF THE ENGLISH LANGUAGE – A writing that contains information; Computers: A piece of work created with an application, as with a word processor; Computers: A computer file that is not an executable file and contains data for use by applications; To methodically record the details of. • Definition of DOC from the MERRIAM-WEBSTER Dictionary – Abbreviation [for] document. • Abbreviation of DOCS from ACRONYM FINDER – “DOCS” stands for “Documents”; “this definition appears very frequently and is found in the following Acronym Finder categories: … Information technology (IT) and computers.” • Abbreviation of DOCS from ACRONYMS & ABBREVIATIONS – Term: DOCS; Definition: Documents. The Examining Attorney also appended the following American English definition of DOCUMENTATION from COLLINS DICTIONARY to the Examiner’s Brief: “the supplying of documents or supporting references; use of documentary evidence.”6 To buttress the argument that consumers use the terminology “help documentation” and “HELP DOCS” synonymously, and understand them to refer specifically to documents or supporting references that make it easier for someone to do something, the Examining Attorney made of record the following additional references (emphasis added throughout): • PROPROFS KNOWLEDGE BASE software is a one-stop solution for businesses looking to reduce customer tickets and manage company knowledge. In providing such service, ProProfs provides “Help Documentation” solutions wherein users may “[c]reate professional-looking help documents in minutes 6 We grant the Examining Attorney’s request that we take judicial notice of this dictionary definition. The Board may take judicial notice of dictionary definitions, including online dictionaries, definitions in technical dictionaries and translation dictionaries that exist in printed format, and we elect to do so here. See In re White Jasmine LLC, 106 USPQ2d 1385, 1392 n.23 (TTAB 2013). Serial No. 79247852 - 10 - [and e]mbed images, infographics & videos to let . . . customers understand content in a better way.” • The article titled “What is a Help Authoring Tool” from the STEPSHOT website notes “[w]riting help documentation is hard work. The documentation needs to be written for a wide range of product users [and] . . . [it needs to be formatted] so that it is accessible and easy to read in a variety of formats”. The article continues by noting that “[a] Help Authoring Tool or HAT is a software program used by technical writers to create online help systems.” • The article titled “Best Help Authoring Tool (HAT) Software” from G2 CROWD GRID website notes “[h]elp authoring tools are programs designed to assist technical writers in designing, publishing, and maintaining software help documentation. The resulting text is used in explanation guides, manuals, and help files.” • The “online help documentation software” provided by ZENDESK indicates that “[r]educ[ing] the manual effort required to get help and create great customer service [is] an integral part of the product”. • The “Online / Web help documentation” provided on the WHATFIX website is among the “technical writing tools for documenting information,” including a User’s Guide for information on using the company’s wiki software. • The “end-user help documentation” on the DEVEXPRESS website provides assistance to consumers to better understand the provisions of the company’s end-user license agreement.7 • KUMU, a company in the data mapping field, provides “HELP DOCS” for persons “looking to learn how to use Kumu.” • SHOWIT, a website design company, provides “HELP DOCS” whereby users are encouraged to “[v]isit our library of HELP DOCS to quickly find the help you need to build your site.” • TEAMWORK DESK provides a Knowledge Base on its website that includes an article for “Creating Private HELP DOCS”, which allow users to keep the “HELP DOC articles [they] created to remain as an internal source of information.” • TIMELY, a company providing appointment booking software, provides “HELP DOCS on using SMS messages in the iOS app”.8 7 The website materials from PROPROFS KNOWLEDGE BASE, STEPSHOT, G2 CROWD GRID, ZENDESK, WHATFIX and DEVEXPRESS were provided with the Office Action of March 1, 2019 at TSDR 10-22. 8 The website materials from KUMU, SHOWIT, TEAMWORK DESK and TIMELY were provided with the Office Action of June 21, 2019 at TSDR 6-9. Serial No. 79247852 - 11 - IV. Discussion Before arguing the merits of the appeal, Applicant first lodges a complaint that the Examining Attorney, in the first Office Action, did not issue a mere descriptiveness refusal. Applicant contends that, by not raising the mere descriptiveness refusal until the second Office Action, this was somehow an improper examination of the Application.9 We disagree. As noted in the TRADEMARK MANUAL OF EXAMINING PROCEDURE (TMEP) § 706 (October 2018), “[s]ometimes, the examining attorney must issue a new refusal or requirement because the applicant submits information that raises a new issue.” That is precisely what happened here. As shown in the Appendix below, in complying with the Examining Attorney’s request for a more definite recitation of services within the February 24, 2019 Office Action Response, Applicant nine times inserted the term “help documentation” in the Class 42 identification of services. As Applicant then said in this same Response, “[i]n the HELPDOCS case, the [term] DOCS relates to the word ‘documentation’. We chose this name because it is short for ‘help documentation’.” We therefore find it entirely appropriate that, in the second Office Action of March 1, 2019, based on Applicant’s response, the Examining Attorney issued a new refusal to register the HELPDOCS mark as being merely descriptive under Trademark Act Section 2(e)(1). Applicant next argues that: Applicant’s mark is HELPDOCS. The goods/services provided for in the Application … can be summed up as the Design and Development of 9 Applicant’s Brief, 4 TTABVUE 8-9. Serial No. 79247852 - 12 - Computer Software and Software Services. While it is true that the computer software described in the Application can, but will not necessarily, be used by consumers to develop help documentation and templates for their own respective businesses, Applicant’s goods are decidedly much different than merely “Help Documentation” …. [The Examining Attorney, with all due respect, mistakenly and … fundamentally, has mischaracterized the nature of Applicant’s goods/services to reduce only to “Help Documentation”. (emphasis original).10 For a number of reasons, we find this argument without merit. To begin, the Examining Attorney did not “mischaracterize[] the nature of Applicant’s goods/services to reduce only to ‘Help Documentation’” as Applicant contends. Rather, we find the Examining Attorney, referring to the amended identification of services in Class 42 (see Appendix below), appropriately characterized them as follows: [A]pplicant’s identification of services, as amended, explicitly indicates a significant purpose, feature and use of the services rendered. Specifically, applicant’s services comprise a variety of software and software related services “in the field of help documentation”, “for the purpose of creating online help documentation”, and “for the use of creating help documentation”. … A significant purpose, feature and use of the specified services are therefore explicitly defined as being for the creation of online “help documentation”.11 Moreover, Applicant fails to recognize that “A mark need not recite each feature of the relevant goods or services in detail to be descriptive, it need only describe a single feature or attribute,” In re Chamber of Commerce, 102 USPQ2d at 1219, which Applicant concedes the mark does as to the Class 42 services. In other words, “[a] mark may be merely descriptive even if it does not describe the ‘full scope and extent’ 10 Applicant’s Brief, 4 TTABVUE 8-9. 11 Examiner’s Brief, 6 TTABVUE 5; Office Action Response of February 24, 2019 at TSDR 1-6. Serial No. 79247852 - 13 - of the applicant’s goods or services,” In re Oppedahl & Larson, 71 USPQ2d at 1371. Here, the Examining Attorney made of record a plethora of evidence demonstrating that HELPDOCS is merely descriptive of the services (as amended) recited in International Class 42. To support the mere descriptiveness refusal, the Examining Attorney provided: (i) dictionary definitions of HELP, DOCUMENT and DOCUMENTATION, (ii) reference materials showing that DOC is the generally understood shortened form of DOCUMENT, and (iii) another reference showing that DOCS is the generally understood shortened form of DOCUMENTS. The Examining Attorney did not stop there, but also made of record captures of numerous company websites within the computer software industry (as illustrated above). These websites demonstrate that, in this context, “HELP DOCUMENTATION” and “HELP DOCS” refer to a knowledge base, online system, user guide, manual, help file, library or information source provided to assist software developers and users in navigating the functionality of their software products.12 Such uses of HELPDOCS are precisely those contemplated by Applicant’s recitation of services in Class 42, for example: providing temporary use of non-downloadable business software for the use of creating help documentation… providing temporary use of non-downloadable software applications accessible via a web site for creating help documentation … providing temporary use of on-line non-downloadable computer software for creating help documentation … providing temporary use of online non-downloadable software for creating help documentation … 12 As noted above, in its Office Action Response of June 19, 2019 at TSDR 1, Applicant conceded that “Help Documentation is merely descriptive” of Applicant’s services. Serial No. 79247852 - 14 - providing temporary use of web-based software application for creating help documentation … Thus, the record demonstrates that HELPDOCS “immediately conveys information concerning a feature, quality, or characteristic of the [Class 42] services for which registration is sought.” In re N.C. Lottery, 123 USPQ2d at 1709. As described in Applicant’s recitation of Class 42 services, HELP retains its ordinary, dictionary meaning and connotation, that is, “to give assistance to (someone); make it easier for (someone) to do something.” As intended for use by Applicant, DOCS is a recognized abbreviation for a significant portion of the Class 42 services in the application (providing documents or documentation). Modern Optics, 110 USPQ at 295; In re BetaBatt, 89 USPQ2d at 1155; see also In re Polo Int’l Inc., 51 USPQ2d 1061, 1062-63 (TTAB 1999) (finding DOC in DOC-CONTROL would refer to the “documents” managed by applicant’s software rather than the term “doctor” shown in a dictionary definition). When the common term HELP and the recognized abbreviation DOCS are combined in Applicant’s proposed mark, they do not “create[] an incongruous expression having the characteristics of a coined or fanciful mark”, In re Colonial Stores, 157 USPQ at 384, or an expression “whose import would not be grasped without some measure of imagination and ‘mental pause.’” In re Shutts, 217 USPQ at 364-65. Rather, each component of HELPDOCS retains its merely descriptive significance in relation to Applicant’s Class 42 services, such that the combination results in a composite that is itself merely descriptive. See In re Oppedahl & Larson, Serial No. 79247852 - 15 - 71 USPQ2d at 1374. Thus, we find that Applicant’s proposed mark HELPDOCS is merely descriptive of Applicant’s Class 42 services. Applicant makes a very brief, unsupported argument that “‘HELPDOCS’, is simply, far too ambiguous and open-ended to reasonably claim that it ‘immediately conveys knowledge’ of the goods/services provided by Applicant … [and that] a sufficient amount of thought and imagination is required to understand the nature of Applicant’s goods and therefore the mark should be viewed as suggestive and registrable on the principle register.”13 No evidence was cited for either proposition. See In re Simulations Publ’ns, Inc., 521 F.2d 797, 187 USPQ 147, 148 (CCPA 1975) (“Statements in a brief cannot take the place of evidence.”); Galen Med. Assocs., Inc. v. United States, 369 F.3d 1324, 1339 (Fed. Cir. 2004) (“Statements of counsel ... are not evidence.”). Moreover, Applicant’s arguments also are contrary to the considerable weight of the evidence of the mere descriptiveness of the proposed HELPDOCS mark in connection with the Class 42 services. On the other hand, however, the Examining Attorney made no effort, either during prosecution or on appeal, to provide evidence or argument supporting the refusal to register HELPDOCS as being merely descriptive of Applicant’s Class 45 services (as amended): “computer software licensing; granting of software licenses, namely, legal administration of software licenses; licensing of computer software.” Because the Examining Attorney did not establish a prima facie case of mere descriptiveness, In re Gyulay, 3 USPQ2d at 1010, and we resolve doubts as to the 13 Applicant’s Brief, 4 TTABVUE 10-11. Serial No. 79247852 - 16 - mere descriptiveness of a proposed mark in favor of the applicant, In re Fat Boys, 118 USPQ2d at 1513, the refusal to register Applicant’s proposed HELPDOCS mark for the services in Class 45 must be reversed. Decision We affirm the refusal to register Applicant’s proposed mark HELPDOCS as to the services in Class 42. We reverse the refusal to register HELPDOCS as to the services in Class 45. Applicant’s mark will proceed to publication for potential opposition as to the services in Class 45 only. Serial No. 79247852 - 17 - Appendix Application Serial No. 79247852 Recitation of Services Services in International Class 42: Computer hardware and software design; computer programming and software design; design of computer software; updating of computer software; computer software design; computer software design and development; computer software design and updating; computer software development; computer software installation; computer software installation and maintenance; computer software integration to multiple systems and networks; computer software maintenance; computer software rental computer software research; computer software technical support services, namely, troubleshooting of computer software problems; configuration of computers software, namely, computer programmings services for others in the field of software configuration management; creating, maintaining, and modernizing computer software; creating, maintaining, and updating computer software; creation and maintenance of computer software for blog; creation, maintenance and adaptation in the nature of design of software; custom design of computers software packages; customized design of computers software; design and development of computers software; design and development of computers software architecture; design and development of computers software for evaluation and calculation of data; design and development of computers software for reading, transmitting, and organising data; design and development of data processing software; design and development of data retrieval software; design and development of operating software for accessing and using a cloud computer network; design and development of operating software for cloud computer networks; design and development of operating software for computer networks and servers; design and development of operating system software; design and development of software for database management; design and development of software for importing and managing data; design and development of software for instant messaging; design and development of software for website development; design and development of software in the field of mobile applications; design and development of word processing software; design and writing of computer software; design of computer database software; design of computer machine and computer software for commercial analysis and reporting; design of computer software; design of operating system software; design of software; design of software for embedded devices; design of software for multimedia data storing and recalling; design of word processing software; design, development and implementation of software; design, development and programming of computer software; design, drawing in the nature of the designing and commissioned writing of computer software; design, maintenance and updating of computer software; design, maintenance, development and updating of computer software; design, maintenance, rental and updating of computer software; design, updating and maintenance of computer software; developing and updating computer software; developing computer software; development and maintenance of computer software; development and testing of computer software; development of applications software for delivery of multimedia content; development of computer software; development of computer software application solutions, namely, Serial No. 79247852 - 18 - development of computer software applications; development of operating system software; development of computer software; development of software for communication systems; development of software for compression and decompression of multimedia contents; development of software for data and multimedia content conversion from and to different protocols; development of software for multimedia data storing and recalling; development of software solutions for internet providers and internet users for the purpose of creating online help documentation; development of word processing software; diagnosis of faults in computer software in the nature of troubleshooting of computer software programs; Application service provider, namely, hosting software of others in the field of help documentation and software as a service (SAAS) services featuring software for the use of creating help documentation and rental of computer software; installation and maintenance services for software; installation of computer software; installation of software; installation, maintenance and repair of computer software; installation, maintenance and updating of computer software; installation, maintenance and updating of database software; installation, maintenance, repair and servicing in the nature maintenance of computer software; installation, maintenance, updating and upgrading of computer software; installation, repair and maintenance of computer software; installation, setting up and maintenance of computer software; installation, updating and maintenance of computer software; maintenance and repair of software; maintenance and updating of computer software; maintenance and upgrading of computer software; maintenance of and updating of computer software; maintenance of computer software; maintenance of data processing software; maintenance of software; maintenance of software used in the field of e-commerce; programming of computer game software; programming of computer software for electronic language translation dictionaries and databases; programming of computer software for evaluation and calculation of data; programming of computer software for reading, transmitting and organising data; programming of educational software; programming of software for internet platform; programming of software for internet portals, chatrooms, chat lines and internet forum; programming of software for database management; programming of software for e-commerce platform; programming of software for importing and managing data; programming of software for information platform on the internet; programming of software for website development; providing information about the design and development of computer hardware and software; providing information about the design and development of computer software; providing information about the design and development of computer software, systems and computer networks; providing information in the field of computer software design; providing information in the field of computer software development; providing information, advice and consultancy services in the field of computer software; providing online non- downloadable computer software for use in communication; providing online nondownloadable computer software for word processing; providing technical advice in the nature of technical consulting in the field of computer hardware and software; providing temporary use of non-downloadable business software for the use of Serial No. 79247852 - 19 - creating help documentation; providing temporary use of non-downloadable computer software for use in the creation and publication of on-line journals and blogs; providing temporary use of non-downloadable software applications accessible via a web site for creating help documentation; providing temporary use of non- downloadable software for analyzing financial data and generating reports; providing temporary use of non-downloadable software to enable content providers to track multimedia content; providing temporary use of non-downloadable software to enable sharing of multimedia content and comments among users; providing temporary use of online non-downloadable operating software for accessing and using a cloud computing network; providing temporary use of on-line non-downloadable computer software for creating help documentation; providing temporary use of on-line non- downloadable software for importing and managing data; providing temporary use of on-line non-downloadable software for the management of data; providing temporary use of on-line non-downloadable software for the management of information; providing temporary use of on-line non-downloadable software for the transmission of data; providing temporary use of on-line non-downloadable software for the transmission of information; providing temporary use of on-line, non-downloadable software for use in publishing and printing; providing temporary use of online non- downloadable software for creating help documentation; providing temporary use of online non-downloadable software for word processing; providing temporary use of online, non-downloadable computer software for language translation; providing temporary use of web-based software application for creating help documentation; rental and maintenance of computer software; rental of application software; rental of computer database software; rental of computer hardware and computer software; rental of computer hardware and software; rental of computer software; rental of computer software and programs; rental of computers and computer software; rental of computers and software; rental of database management software; rental of operating software for accessing and using a cloud computing network; rental of software; rental of software for computers; rental of software for data processing; rental of software for importing and managing data; renting computer software; maintenance, updating and repair of software; repair of computer software; research and development of computer software; research in the field of computer programs and software; research relating to the development of computer programs and software; research relating to the development of computer software; research, development, design and upgrading of computer software; smartphone software design; software as a service (SAAS) services featuring software for creating help documentation; computer software authoring; software creation, namely, computer software design; software design and development. Services in International Class 45: Computer software licensing; granting of software licenses, namely, legal administration of software licenses; licensing of computer software. The term help documentation is highlighted in bold for the convenience of the reader. Copy with citationCopy as parenthetical citation