Compliance with Section 30(a) — Programs - Data Transmission Services

Publication Date: 1999-04-14

The goods "computer utility programs" are no longer considered sufficiently specific to meet the requirement of paragraph 30(a) of the Trade-marks Act; that an application for the registration of a trademark contain a statement in ordinary commercial terms of the specific goods or services in association with which the mark has been or is proposed to be used. As the Office has not been accepting "computer software" as being in compliance with paragraph 30(a) since September 1996 when the Examination Goods and Services Manual was revised, this notice simply serves as a reminder of that policy. The revised manual requires that "computer software" be specific as to the area of use and function of the software.

Therefore, effective immediately, the Trademarks Office will, for the purposes of paragraph 30(a), require the goods "computer utility programs" to be specified in greater detail. By way of example, the following would be considered acceptable: "computer utility programs" namely diagnostic utility program for providing details on devices installed in a computer system, batch job utility program for managing scheduling, queuing and execution of batch jobs, hard disk drive utility program for use in adding a hard disk drive or repartitioning a hard disk drive, disk management utility program for defragmenting files and optimizing disk performance, video utility program for testing and evaluating a computer monitor or video display for optimum image and picture quality. This requirement applies to applications presently pending as well as those filed in the future.

The services "data and voice telecommunications", "delivery of messages by electronic transmission", "electronic transmission of data and document via computer terminals", electronic transmission of message and data" and "electronic store-and-forward messaging" are no longer considered sufficiently specific to meet the requirement of paragraph 30(a) of the Trade-marks Act; that an application for the registration of a trademark contain a statement in ordinary commercial terms of the specific goods or services in association with which the mark has been or is proposed to be used.

Therefore, effective immediately, the Trademarks Office will, for the purposes of paragraph 30(a), require these services to be specified in greater detail. By way of example, the following would be considered acceptable: "data and voice telecommunications", "delivery of messages by electronic transmission", "electronic transmission of messages and data", "electronic store-and-forward messaging", namely facsimile transmission, cable television transmission, telegram transmission, electronic mail services, electronic voice message service, namely, the recordal, storage and subsequent delivery of voice messages by telephone; computer services, namely leasing access time to computer data bases in the field of mutual funds and "electronic transmission of data and documents via computer terminals" namely, electronic mail services. This requirement applied to applications presently pending as well as those filed in the future.

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