ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1391664
`10/24/2024
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Petition for Cancellation
`
`Notice is hereby given that the following party has filed a petition to cancel the registration indicated below.
`
`Petitioner information
`
`Name
`
`Entity
`
`Address
`
`Correspondence
`information
`
`Common Core Kingdom, LLC
`
`Limited Liability Company
`
`615 OLD BLUFF DRIVE
`PONTE VEDRA, FL 32081
`UNITED STATES
`
`Incorporated or
`registered in
`
`Florida
`
`FERNANDO A. DUTRA
`WILSON DUTRA, PLLC
`7643 GATE PARKWAY, SUITE 10489
`JACKSONVILLE, FL 32256
`UNITED STATES
`Primary email: fdutra@wilsondutra.com
`Secondary email(s): trademarks@wilsondutra.com, cwilson@wilsondutra.com
`904-955-1977
`
`Registration subject to cancellation
`
`Registration no.
`
`7033597
`
`Registration date
`
`04/25/2023
`
`Register
`
`International re-
`gistration no.
`
`Registrant
`
`Principal
`
`NONE
`
`Convergate B.V.
`KRALINGSE PLASLAAN 99
`ROTTERDAM, 3061DG
`NETHERLANDS
`
`International re-
`gistration date
`
`NONE
`
`Goods/services subject to cancellation
`
`Class 009. First Use: None First Use In Commerce: None
`All goods and services in the class are subject to cancellation, namely: Computer search engine soft-
`ware, downloadable; downloadable computer software, namely, user-centric search engine software
`that enables the retrieval of information accessed via the browser; computer software, namely, down-
`loadable search engine software that enables performing of quick actions across multiple web ser-
`vices; computer software, namely, downloadable browser extension software that enables searching
`from anywhere in the browser; computer software, namely, downloadable computer search engine
`software to directly navigate to menu items on web services; computer software, namely, download-
`able computer software that blocks third-party trackers from tracking visitor search history; computer
`software, namely, downloadable computer software that enhances the privacy practices and general
`safety of websites; downloadable computer browser software, namely, software for browsing the
`global computer network and private networks and computer software for providing access to the in-
`ternet; downloadable computer software, namely, downloadable computer software and download-
`able mobile application software for knowledge management and organizing documents, data and in-
`formation, providing a platform for collaboration, sharing of information, and interactive discussions to
`
`

`

`other users, and uploading and transferring files
`
`Class 042. First Use: None First Use In Commerce: None
`All goods and services in the class are subject to cancellation, namely: Software as a service (SaaS)
`services featuring computer search engine software; software as a service (SaaS) services featuring
`computer search engine software that enables on-site and cross-site navigation; software as a ser-
`vice (SaaS) services featuring computer search engine software that enables cross-site information
`retrieval; providing temporary use of online non-downloadable software for knowledge management
`and organizing documents, data and information, providing a platform for collaboration, sharing of in-
`formation, and interactive discussions to other users, and uploading and transferring files; provision
`of search engines for the internet; providing temporary use of on-line non-downloadable software fea-
`turing online storage of documents and databases; providing temporary use of online non-
`downloadable software for optimizing website navigation; information technology (IT) consulting ser-
`vices
`
`Grounds for cancellation
`
`Priority and likelihood of confusion
`
`Trademark Act Sections 14(1) and 2(d)
`
`Abandonment
`
`Trademark Act Section 14(3)
`
`Mark cited by petitioner as basis for cancellation
`
`U.S. application
`no.
`
`98272916
`
`Application date
`
`11/16/2023
`
`Register
`
`Principal
`
`Registration date
`
`NONE
`
`Word mark
`
`Design mark
`
`WEBSCAPE
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: Jan 7, 2021 First Use In Commerce: Jan 7, 2021
`Downloadable children's educational software; Recorded children's educational
`software
`Class 041. First use: First Use: Jan 7, 2021 First Use In Commerce: Jan 7, 2021
`Educational services, namely, providing online courses of instruction at the
`primary (K-8) level and distribution of course material in connection therewith;
`Entertainment services, namely, providing online browser-based video games
`
`Attachments
`
`98272916#TMSN.png( bytes )
`MACE0001-WM_Cancellation_for_Filing.pdf(4591153 bytes )
`
`Signature
`
`/Fernando A. Dutra/
`
`Name
`
`Date
`
`Fernando A. Dutra
`
`10/24/2024
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In re Registration of Convergate B.V.
`Mark:
`WEBSCAPE
`
`Reg. No.:
`7,033,597
`
`– – – – – – – – – – – – – – – – – – – – – – – – – –
`
`Common Core Kingdom, LLC
`
`Petitioner,
`
`v.
`
`Convergate, B.V.
`
`:
`
`Respondent.
`– – – – – – – – – – – – – – – – – – – – – – – – – –
`
`
`
`X
`:
`
`:
`:
`:
`:
`:
`:
`:
`
`:
`:
`X
`
`:
`
`CANCELLATION NO. __________
`
`PETITION FOR CANCELLATION
`
`Common Core Kingdom, LLC (“Petitioner”), a limited liability company organized and
`
`existing under the laws of Florida with a principal place of business at 615 Old Bluff Drive, Ponte
`
`Vedra, Florida 32081, believes that it will be damaged by the continued registration of U.S.
`
`Trademark Registration No. 7,033,597 for the mark “WEBSCAPE” (“Registration”) and petitions
`
`for cancellation of same pursuant to Section 14 of the Lanham Trademark Act of 1946 (“Lanham
`
`Act”), 15 U.S.C. § 1064(3). The current owner of Registration is shown in the U.S. Patent and
`
`Trademark Office (“USPTO”) records as Convergate B.C., 1 Kralingse Plaslaan 99, Rotterdam,
`
`Netherlands 3061DG (“Respondent”).
`
`Page 1 of 90
`
`

`

`As grounds for the petition, Petitioner alleges the following:
`
`1.
`
`Petitioner is and currently has engaged in the marketing, promotion, distribution, and
`
`sale of a variety of downloadable children’s software and educational services bearing Petitioner’s
`
`recognized “WEBSCAPE” brand.
`
`2.
`
`Petitioner has filed a trademark application for the brand “WEBSCAPE” (“Petitioner’s
`
`Mark”). The Petitioner’s Mark is a pending application includes the word mark “WEBSCAPE”
`
`(Ser. No. 98272916). A true and correct screenshot as shown from the USPTO electronic database
`
`reflecting the pending Application is attached and provided in Exhibit A with additional details
`
`provided below.
`
`3. WEBSCAPE, U.S. Trademark Application No. 98272916 was filed on November 16,
`
`2023, for use in connection with “Downloadable children's educational software; Recorded
`
`children's educational software ” in International Class 009 and “Educational services, namely,
`
`providing online courses of instruction at the primary (K-8) level and distribution of course
`
`material in connection therewith; Entertainment services, namely, providing online browser-based
`
`video games” in International Class 41 with a first use in commerce date of January 7, 2021.
`
`4.
`
`On July 25, 2024, Petitioner was issued a Non-Final Office Action for a Section 2(d) –
`
`Likelihood of Confusional Refusal based on the Registration. This Non-Final Office Action is
`
`provided as Exhibit B.
`
`
`
`Respondent’s Procedural History
`
`5.
`
`On May 17, 2021, Respondent filed U.S. Trademark Application 90696521 with a
`
`Section 44(d) and Section 1(b) filing basis and was registered on April 25, 2023. The original
`
`
`Page 2 of 90
`
`

`

`trademark application as shown from the online Trademark Status and Document Retrieval system
`
`(“TSDR”) from the USPTO is provided as Exhibit C.
`
`6.
`
`Respondent alleged in their U.S. Trademark Application 90696521 that they had
`
`priority based on prior filed foreign registration 18440522 with the European Union Trademark
`
`(EUTM) in International Class 009 for “Computer search engine software, downloadable;
`
`downloadable computer software, namely user-centric search engine software that enables the
`
`retrieval of information accessed via the browser; computer software, namely, downloadable
`
`search engine software that enables performing of quick actions across multiple web services;
`
`computer software, namely downloadable browser extension software that enables searching from
`
`anywhere in the browser; computer software, namely, downloadable computer search engine
`
`software to directly navigate to menu items on web services; computer software, namely,
`
`downloadable computer software that blocks third-party trackers from tracking visitor search
`
`history; computer software, namely downloadable computer software that enhances the privacy
`
`practices and general safety of websites; downloadable computer browser software, namely,
`
`software for browsing the global computer network and private networks and computer software
`
`for providing access to the internet; downloadable computer software, namely downloadable
`
`computer software and downloadable mobile application software for knowledge management and
`
`organizing documents, data and information, providing a platform for collaboration, sharing of
`
`information, and interactive discussions to other users, and uploading and transferring files” and
`
`in International Class 042 for “Software as a service (SaaS) services featuring computer search
`
`engine software; software as a service (SaaS) services featuring computer search engine software
`
`that enables on-site and cross-site navigation; software as a service (SaaS) services featuring
`
`computer search engine software that enables cross-site information retrieval; providing online
`
`
`Page 3 of 90
`
`

`

`non-downloadable software for knowledge management and organizing documents, data and
`
`information, providing a platform for collaboration, sharing of information, and interactive
`
`discussions to other users, and uploading and transferring files; provision of search engines for the
`
`internet; providing on-line non-downloadable software featuring online storage of documents and
`
`databases; providing online non-downloadable software for optimizing website navigation;
`
`information technology (IT) consulting services”. This is provided in Exhibit C.
`
`7.
`
`Respondent’s foreign registration (Registration No. 018440522) was filed on March
`
`26, 2021 and registered on July 21, 2021 in International Class 009 for “Software • plugin software
`
`• downloadable software • computer software platforms • downloadable software applications •
`
`mobile apps • cloud computing software • content access software • software for search engine
`
`optimisation • computer software for creating searchable databases of information and data •
`
`artificial intelligence software • machine learning” and in International Class 042 for “Software as
`
`a service [SaaS] • platform as a service [PaaS] • application service provider (ASP) • providing
`
`online, non-downloadable software • cloud computing • electronic data storage • data encryption
`
`services • electronic monitoring of personally identifying information to detect identity theft via
`
`the internet • data security services • research in the field of artificial intelligence”.
`
`8.
`
`On January 12, 2022, a Non-Final Office Action was issued to Respondent based on
`
`an Identification of Goods/Services Requirement and a Foreign Certificate Requirement. The
`
`Non-Final Office Action is provided in Exhibit D.
`
`9.
`
`On February 14, 2022, a Response to the January 12, 2022, Non-Final Office Action
`
`was submitted by the Respondent amending the Identification of Services and acknowledging their
`
`intent to perfect the section 44(d) basis. The response to the Non-Final Office Action is provided
`
`in Exhibit E.
`
`
`Page 4 of 90
`
`

`

`10.
`
`On May 17, 2022, a Notice of Allowance was mailed to Respondent. The Notice of
`
`Allowance is provided in Exhibit F. On June 17, 2022, the Respondent submitted a Request to
`
`Delete Section 1(b) Basis, Intent to Use to delete the Section 1(b) basis from the Respondent’s
`
`application. The Request to Delete Section 1(b) Basis, Intent to Use is provided in Exhibit G.
`
`11.
`
`On December 19, 2022, Respondent’s pending application was abandoned due to a
`
`failure to file a Statement of Use or Extension of Time to File a Statement of Use. The Notice of
`
`Abandonment is provided in Exhibit H. In response, on January 3, 2023, the Respondent submitted
`
`a Request for Reinstatement alleging that the abandonment was due to error as Respondent had
`
`obviated the necessity for a Notice of Allowance with the submission of the Request to Delete the
`
`Section 1(b) basis. This Request for Reinstatement is provided in Exhibit I.
`
`12.
`
`On February 3, 2023, Respondent’s application was reinstated. This Reinstatement is
`
`provided in Exhibit J.
`
`13.
`
`Respondent’s U.S. Trademark Application 90696521 became registered on the
`
`Principal Register (Reg. No. 7033597) on April 25, 2023. The registration certificate is provided
`
`as Exhibit K.
`
`14.
`
`Respondent, with an address of 1 Kralingse Plaslaan 99, Rotterdam, Netherlands
`
`3061DG, is the current listed owner of the Registration. A true and correct screenshot as shown
`
`from the USPTO electronic database reflecting the current listed owner in TSDR is provided as
`
`Exhibit L.
`
`Respondent’s Abandonment of Registration
`
`15.
`
`On information and belief, Respondent has never used Registration within the United
`
`States in commerce prior to or after the registration date.
`
`
`Page 5 of 90
`
`

`

`16.
`
`On information and belief, as of October 22, 2024, Respondent has not engaged in
`
`sales, marketings, or advertising of Registration within the United States. In addition, Respondent
`
`does not appear to have any internet, online, or social media presence using “WEBSCAPE”.
`
`17.
`
`On information and belief, Respondent has abandoned use of the Registration within
`
`the United States in connection with all of the goods and services identified in the Registration.
`
`Accordingly, Respondent has abandoned their Registration and the Registration is subject to
`
`cancellation pursuant to 15 U.S.C. § 1064(3).
`
`
`
`The Respondent’s Registration Infringes on the Petitioner’s Trademark
`
`18.
`
`Petitioner maintains that they have continued to use the mark since the date of first use
`
`on both Petitioner’s Marks since January 7, 2021. With these facts, Petitioner claims priority in
`
`time of their Trademark use, the Respondent’s Registration infringing on Petitioner’s rights
`
`pursuant to the Lanham Act. Exhibit M.
`
`19.
`
`On information and belief, rights in Petitioner’s trademark precede the date of filing of
`
`the Respondent’s application and use of Respondent’s mark by Respondent. Petitioner’s use has
`
`been continuous and substantial. Id.
`
`20.
`
`Due to the similarity of services between Petitioner’s mark and Respondent’s Mark,
`
`Respondent’s Registration is likely to lead consumers to mistakenly believe that the services
`
`emanate from the same source.
`
`
`
`
`
`
`
`
`
`
`Page 6 of 90
`
`

`

`Conclusion
`
`Petitioner reserves the right to amend this Petition to allege other claims in the event
`
`discovery of other information indicates that an amendment of this Petition is appropriate.
`
`
`
`For at least the reasons listed above, Petitioner requests the Trademark Trial and Appeal
`
`Board grant this Petition for Cancellation and cancel Respondent’s Mark (Reg. No. 7033597).
`
`Dated: 10/24/2024
`
`
`
`
`
`
`
`
`
`
`
`
`
` /Fernando A. Dutra/
`
`Respectfully Submitted,
`
` Fernando A. Dutra
`
`Attorney for Petitioner
`Wilson Dutra, PLLC
`7643 Gate Parkway
`Suite 10489
`Jacksonville, FL 32256
`(904) 955-1977
`fdutra@wilsondutra.com
`
`
`Page 7 of 90
`
`

`

`EXHIBIT A 
`
`Screenshot of the Trademark Status & Document Retrieval (TSDR) for “WEBSCAPE” Ser. No.
`98272916
`
`
`
`
`
`
`Page 8 of 90
`
`

`

`Trademark Status & Document Retrieval
`
`https://tsdr.uspto.gov/#caseNumber=98272916&caseSearchType=US...
`
`For assistance with TSDR, email teas@uspto.gov and include your serial number, the document you are looking for, and a screenshot of any error
`messages you have received.
`
`STATUS
`
`DOCUMENTS
`
`Back to Search
`
`Print
`
`Generated on: This page was generated by TSDR on 2024-10-17 16:10:48 EDT
`
`Mark: WEBSCAPE
`
`US Serial Number: 98272916
`
`Application Filing Date: Nov. 16, 2023
`
`Filed as TEAS Plus: Yes
`
`Currently TEAS Plus: Yes
`
`Register: Principal
`
`Mark Type: Trademark, Service Mark
`
`TM5 Common Status
`
`Descriptor:
`
`LIVE/APPLICATION/Under Examination
`
`The trademark application has been accepted by the Office (has met the minimum
`
`filing requirements) and that this application has been assigned to an examiner.
`
`Status: A non-final Office action has been sent (issued) to the applicant. This is a letter from the examining attorney requiring additional
`
`information and/or making an initial refusal. The applicant must respond to this Office action. To view all documents in this file, click on
`
`the Trademark Document Retrieval link at the top of this page.
`
`Status Date: Jul. 25, 2024
`
`Mark Information
`
`Mark Literal Elements: WEBSCAPE
`
`Standard Character Claim: Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`
`Mark Drawing Type: 4 - STANDARD CHARACTER MARK
`
`Goods and Services
`
`Note:
`
`The following symbols indicate that the registrant/owner has amended the goods/services:
`
`• Brackets [..] indicate deleted goods/services;
`
`• Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`
`• Asterisks *..* identify additional (new) wording in the goods/services.
`
`For: Downloadable children's educational software; Recorded children's educational software
`
`International Class(es): 009 - Primary Class
`
`U.S Class(es): 021, 023, 026, 036, 038
`
`Class Status: ACTIVE
`
`First Use: Jan. 07, 2021
`
`Use in Commerce: Jan. 07, 2021
`
`For: Educational services, namely, providing online courses of instruction at the primary (K-8) level and distribution of course material in
`
`connection therewith; Entertainment services, namely, providing online browser-based video games
`
`International Class(es): 041 - Primary Class
`
`U.S Class(es): 100, 101, 107
`
`Class Status: ACTIVE
`
`First Use: Jan. 07, 2021
`
`Basis Information (Case Level)
`
`Filed Use: Yes
`
`Filed ITU: No
`
`Filed 44D: No
`
`Filed 44E: No
`
`Use in Commerce: Jan. 07, 2021
`
`Currently Use: Yes
`
`Currently ITU: No
`
`Currently 44D: No
`
`Currently 44E: No
`
`Page 9 of 90
`
`1 of 2
`
`10/17/2024, 4:23 PM
`
`

`

`Trademark Status & Document Retrieval
`
`https://tsdr.uspto.gov/#caseNumber=98272916&caseSearchType=US...
`
`Filed 66A: No
`
`Filed No Basis: No
`
`Current Owner(s) Information
`
`Currently 66A: No
`
`Currently No Basis: No
`
`Owner Name: Common Core Kingdom LLC
`
`DBA, AKA, Formerly: DBA MagiCore
`
`Owner Address: 615 Old Bluff Drive
`
`615 Old Bluff Drive
`
`Ponte Vedra, FLORIDA UNITED STATES 32081
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`State or Country Where
`
`FLORIDA
`
`Organized:
`
`Attorney/Correspondence Information
`
`Attorney of Record
`
`Attorney Name: Fernando A. Dutra
`
`Docket Number: MACE0001-WM
`
`Attorney Primary Email
`
`fdutra@wilsondutra.com
`
`Attorney Email Authorized: Yes
`
`Address:
`
`Correspondent
`
`Correspondent Name/
`
`Fernando A. Dutra
`
`Address:
`
`Wilson Dutra, PLLC
`
`7643 Gate Pkwy, Suite 10489
`
`Jacksonville, FLORIDA United States 32256
`
`Phone: 904-955-1977
`
`Correspondent e-mail: fdutra@wilsondutra.com
`
`trademarks@wilsondutra.com
`
`cwilson@wilsondutra.com
`
`Domestic Representative - Not Found
`
`Prosecution History
`
`TM Staff and Location Information
`
`Assignment Abstract Of Title Information - Click to Load
`
`Proceedings - Click to Load
`
`Correspondent e-mail
`
`Yes
`
`Authorized:
`
`2 of 2
`
`10/17/2024, 4:23 PM
`
`Page 10 of 90
`
`

`

`EXHIBIT B 
`
`Screenshot of the Non-Final Office Action Received for “WEBSCAPE” Ser. No. 98272916
`
`
`
`
`
`
`
`Page 11 of 90
`
`

`

`To:
`
`Subject:
`
`Sent:
`
`Jonathan Bochese(jonathan@bocheselaw.com)
`
`U.S. Trademark Application Serial No. 98272916 - WEBSCAPE
`
`July 25, 2024 07:06:21 AM EDT
`
`Sent As:
`
`tmng.notices@uspto.gov
`
`Attachments
`
`7033597
`HookedonPhonics.jpg
`KhanAcademy.jpg
`screencapture-play-google-com-store-apps-details-17212325013441
`Chromesearch.jpg
`Chromegame.jpg
`Edgesearch.jpg
`Edgegame.jpg
`MozillaFirefox1.jpg
`Firefoxsearch.jpg
`
`United States Patent and Trademark Office (USPTO)
`Office Action (Official Letter) About Applicant’s Trademark Application
`
`U.S. Application Serial No. 98272916
`
`Mark:  WEBSCAPE
`
`Correspondence Address:  
`Jonathan Bochese
`Bochese Law
`101 Marketside Ave. Ste 404-355
`Ponte Vedra FL 32081
`United States
`
`Applicant:  Common Core Kingdom LLC
`
`Reference/Docket No. N/A
`
`Correspondence Email Address:  jonathan@bocheselaw.com
`
`
`
`
`
`
`NONFINAL OFFICE ACTION
`
`Response deadline.  File a response to this nonfinal Office action within three months of the “Issue
`date” below to avoid abandonment of the application. Review the Office action and respond using one
`of the links to the appropriate electronic forms in the “How to respond” section below.
`
`Request an extension.  For a fee, applicant may request one three-month extension of the response
`
`Page 12 of 90
`
`

`

`deadline prior to filing a response. The request must be filed within three months of the “Issue date”
`below. If the extension request is granted, the USPTO must receive applicant’s response to this letter
`within six months of the “Issue date” to avoid abandonment of the application.
`
`Issue date:  July 25, 2024
`
`Introduction
`
`The referenced application has been reviewed by the assigned trademark examining attorney. Applicant
`must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a),
`2.65(a); TMEP §§711, 718.03.
`
`Summary of Issues
`
`
`•
`•
`
`Section 2(d) - Likelihood of Confusion Refusal
`Specimen Does Not Show Use in Class 009 - Specimen Refusal
`
`
`Section 2(d) - Likelihood of Confusion Refusal
`
`Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in
`U.S. Registration No. 7033597. Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP
`§§1207.01 et seq. See the attached registration.
`
`Trademark Act Section 2(d) bars registration of an applied-for mark that is so similar to a registered
`mark that it is likely consumers would be confused, mistaken, or deceived as to the commercial source
`of the goods and/or services of the parties. See 15 U.S.C. §1052(d). Likelihood of confusion is
`determined on a case-by-case basis by applying the factors set forth in In re E. I. du Pont de Nemours
`& Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973) (called the “du Pont factors”). In re
`i.am.symbolic, llc, 866 F.3d 1315, 1322, 123 USPQ2d 1744, 1747 (Fed. Cir. 2017). Any evidence of
`record related to those factors need be considered; however, “not all of the DuPont factors are relevant
`or of similar weight in every case.” In re Guild Mortg. Co., 912 F.3d 1376, 1379, 129 USPQ2d 1160,
`1162 (Fed. Cir. 2019) (quoting In re Dixie Rests., Inc., 105 F.3d 1405, 1406, 41 USPQ2d 1531, 1533
`(Fed. Cir. 1997)).
`
`Although not all du Pont factors may be relevant, there are generally two key considerations in any
`likelihood of confusion analysis: (1) the similarities between the compared marks and (2) the
`relatedness of the compared goods and/or services. See In re i.am.symbolic, llc, 866 F.3d at 1322, 123
`USPQ2d at 1747 (quoting Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1164-65, 64
`USPQ2d 1375, 1380 (Fed. Cir. 2002)); Federated Foods, Inc. v. Fort Howard Paper Co., 544 F.2d
`1098, 1103, 192 USPQ 24, 29 (C.C.P.A. 1976) (“The fundamental inquiry mandated by [Section] 2(d)
`goes to the cumulative effect of differences in the essential characteristics of the goods [or services] and
`differences in the marks.”); TMEP §1207.01.
`
`Applicant has applied to register the mark WEBSCAPE in standard characters for the following goods
`and services:
`
`
`Class 009: Downloadable children's educational software; Recorded children's educational
`software
`
`
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`Class 041: Educational services, namely, providing online courses of instruction at the primary
`(K-8) level and distribution of course material in connection therewith; Entertainment services,
`namely, providing online browser-based video games
`
`
`Registrant’s mark is WEBSCAPE in standard characters for the following goods and services:
`
`
`Class 009: Computer search engine software, downloadable; downloadable computer software,
`namely, user-centric search engine software that enables the retrieval of information accessed via
`the browser; computer software, namely, downloadable search engine software that enables
`performing of quick actions across multiple web services; computer software, namely,
`downloadable browser extension software that enables searching from anywhere in the browser;
`computer software, namely, downloadable computer search engine software to directly navigate
`to menu items on web services; computer software, namely, downloadable computer software
`that blocks third-party trackers from tracking visitor search history; computer software, namely,
`downloadable computer software that enhances the privacy practices and general safety of
`websites; downloadable computer browser software, namely, software for browsing the global
`computer network and private networks and computer software for providing access to the
`internet; downloadable computer software, namely, downloadable computer software and
`downloadable mobile application software for knowledge management and organizing
`documents, data and information, providing a platform for collaboration, sharing of information,
`and interactive discussions to other users, and uploading and transferring files
`
`
`
`Class 042: Software as a service (SaaS) services featuring computer search engine software;
`software as a service (SaaS) services featuring computer search engine software that enables on-
`site and cross-site navigation; software as a service (SaaS) services featuring computer search
`engine software that enables cross-site information retrieval; providing temporary use of online
`nondownloadable software for knowledge management and organizing documents, data and
`information, providing a platform for collaboration, sharing of information, and interactive
`discussions to other users, and uploading and transferring files; provision of search engines for
`the internet; providing temporary use of on-line non-downloadable software featuring online
`storage of documents and databases; providing temporary use of online nondownloadable
`software for optimizing website navigation; information technology (IT) consulting services
`
`
`Similarity of the Marks
`
`In a likelihood of confusion determination, the marks in their entireties are compared for similarities in
`appearance, sound, connotation, and commercial impression. In re i.am.symbolic, llc, 866 F.3d 1315,
`1323, 123 USPQ2d 1744, 1748 (Fed. Cir. 2017); Stone Lion Capital Partners, LP v. Lion Capital LLP,
`746 F.3d 1317, 1321, 110 USPQ2d 1157, 1160 (Fed. Cir. 2014) (quoting Palm Bay Imps., Inc. v. Veuve
`Clicquot Ponsardin Maison Fondee En 1772, 396 F.3d 1369, 1371, 73 USPQ2d 1689, 1691 (Fed. Cir.
`2005)); In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A.
`1973); TMEP §1207.01(b)-(b)(v).
`
`In the present case, applicant's mark is WEBSCAPE and registrant’s mark is WEBSCAPE. These
`marks are identical in appearance, sound, and meaning, “and have the potential to be used . . . in
`exactly the same manner.” In re i.am.symbolic, llc, 116 USPQ2d 1406, 1411 (TTAB 2015), aff’d, 866
`F.3d 1315, 123 USPQ2d 1744 (Fed. Cir. 2017). Additionally, because they are identical, these marks
`are likely to engender the same connotation and overall commercial impression when considered in
`connection with applicant's and registrant's respective goods and/or services. Id.
`
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`
`Therefore, the marks are confusingly similar.
`
`Relatedness of the Goods and Services
`
`Generally, the greater the degree of similarity between the applied-for mark and the registered mark,
`the lesser the degree of similarity between the goods and services of the parties is required to support a
`finding of likelihood of confusion.  Made in Nature, LLC v. Pharmavite LLC, 2022 USPQ2d 557, at
`*44 (TTAB 2022) (quoting L’Oreal S.A. v. Marcon, 102 USPQ2d 1434, 1440 (TTAB 2012)); In re
`C.H. Hanson Co., 116 USPQ2d 1351, 1353 (TTAB 2015) (citing In re Opus One Inc., 60 USPQ2d
`1812, 1815 (TTAB 2001)); In re House Beer, LLC, 114 USPQ2d 1073, 1077 (TTAB 2015); TMEP
`§1207.01(a). 
`
`The goods and services are compared to determine whether they are similar, commercially related, or
`travel in the same trade channels. See Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356,
`1369-71, 101 USPQ2d 1713, 1722-23 (Fed. Cir. 2012); Herbko Int’l, Inc. v. Kappa Books, Inc., 308
`F.3d 1156, 1165, 64 USPQ2d 1375, 1381 (Fed. Cir. 2002); TMEP §§1207.01, 1207.01(a)(vi).
`
`The compared goods and services need not be identical or even competitive to find a likelihood of
`confusion.  See On-line Careline Inc. v. Am. Online Inc., 229 F.3d 1080, 1086, 56 USPQ2d 1471, 1475
`(Fed. Cir. 2000); Recot, Inc. v. Becton, 214 F.3d 1322, 1329, 54 USPQ2d 1894, 1898 (Fed. Cir. 2000);
`TMEP §1207.01(a)(i).  They need only be “related in some manner and/or if the circumstances
`surrounding their marketing are such that they could give rise to the mistaken belief that [the goods
`and/or services] emanate from the same source.”  Coach Servs., Inc. v. Triumph Learning LLC, 668
`F.3d 1356, 1369, 101 USPQ2d 1713, 1722 (Fed. Cir. 2012) (quoting 7-Eleven Inc. v. Wechsler, 83
`USPQ2d 1715, 1724 (TTAB 2007)); TMEP §1207.01(a)(i); see Made in Nature, LLC v. Pharmavite
`LLC, 2022 USPQ2d 557, at *44 (TTAB 2022) (quoting In re Jump Designs LLC, 80 USPQ2d 1370,
`1374 (TTAB 2006)).
`
`The attached Internet evidence, consisting of webpages featuring software for knowledge management,
`children educational software, computer search engine software, and online browser-based video games
`from Hooked on Phonics, Khan Academy, Epic, Chrome, Edge, and Firefox establishes that the same
`entity commonly manufactures, produces, or provides the relevant goods and services and markets the
`goods and services under the same mark.  Thus, applicant’s and registrant’s goods and services are
`considered related for likelihood of confusion purposes.  See, e.g., In re Davey Prods. Pty Ltd., 92
`USPQ2d 1198, 1202-04 (TTAB 2009); In re Toshiba Med. Sys. Corp., 91 USPQ2d 1266, 1268-69,
`1271-72 (TTAB 2009).
`
`Accordingly, the goods and services are considered related for purposes of the likelihood of confusion
`analysis.
`
`Conclusion
`
`Because the marks are identical and the goods and services are related, there is a likelihood of
`confusion as to the source of applicant’s goods and services, and registration is refused pursuant to
`Section 2(d) of the Trademark Act.
`
`Applicant should note the following additional ground for refusal.
`
`
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`Specimen Does Not Show Use in Class 009 - Specimen Refusal
`
`Registration is refused because the specimen does not show the applied-for mark as actually used in
`commerce in connection with any of the goods and/or services specified in International Class(es) 009. 
`Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); In re
`Keep A Breast Found., 123 USPQ2d 1869, 1876-79 (TTAB 2017); TMEP §§904, 904.07(a),
`1301.04(d), (g)(i).  An application based on Trademark Act Section 1(a) must include a specimen
`showing the applied-for mark as actually used in commerce for each international class of goods and/or
`services identified in the application or amendment to allege use.  15 U.S.C. §1051(a)(1); 37 C.F.R.
`§§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a); see In re Gulf Coast Nutritionals, Inc., 106
`USPQ2d 1243, 1247 (TTAB 2013). 
` 
`Specifically, applicant provides a screenshot of a website featuring the wordings "Format includes:
`PDF, Google Apps" and "58 Pages", which suggests a downloadable software exists, but it is not the
`one featured on the products page. Therefore, registration is refused.  
` 
`Examples of specimens.  Specimens for goods include a photograph of (1) the actual goods bearing
`the mark; (2) an actual container, packaging, tag or label for the goods bearing the mark; or (3) a point-
`of-sale display showing the mark directly associated with the goods.  See 37 C.F.R. §2.56(b)(1), (c);
`TMEP §904.03(a)-(m).  A webpage specimen submitted as a display associated with the goods must
`show the mark in ass