The activity performed must be qualitatively different from anything necessarily done in connection with the sale of the applicant’s goods or the performance of another service.
On his first request, Gambert defined his Goods and Services as:
“Search Engine Optimization, Hosting, Webdesign, Software, Hosting, Domain Name, Software Development, All Computer Related Development and Marketing plus what is listed; Computer Software, Computer Hardware, “SEO” Letters to be trademarked in “All” Computer related areas.”
He also argues that “SEO” is a “process not a service” and that his “SEO” is different from the generic acronym of search engine optimization.
After four attempts and much tweaking of his application, Jason Gambert received approval of his service mark on the condition of amending his Goods and Services again.
Gambert’s final Goods and Services read:
“Marketing services in the field of computers in the nature of providing marketing servcies for the benefit of others by compiling advertising campaigns, promotional services, and consulting for its customers.”
The reviewing attorney at the Trademark Office removed her objections and on January 17, 2008, permitted the application to continue to publication.
Once the special response to the online community on April 9th stating that he is “happy” about the success of the proceedings up to this point. He says he is “helping the search engine marketing community establish an approved SEO process…”
The publication process was scheduled to begin March 25, 2008. Once the publication process begins any opponents have up to 30 days to file a Notice of Opposition or ask for an extension in time. (For more information on how to start your filing process, click PageTraffic Blog
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