LiveSide - News blog : brand

Sifting through Trademark applications: Kumo, or Sift, or who knows what?

Kip Kniskern — Tue, 21 Apr 2009 20:39:00 GMT

All this business about what the new name for Live Search might be has a lot of blog writers and journalists turning over all kinds of rocks, including lots of fun with TESS, the US Patent and Trademark Office’s online trademark search feature. We’ve posted before on our diggings through TESS regarding Kumo, and indeed there’s been some slight movement in that department: the USPTO has sent a letter to Microsoft (on April 16), asking for a narrower definition of what Kumo would be used for, and noting that Microsoft might need to cough up some more cash:

The wording in the identification of services needs clarification because it is too broad and could include services classified in other international classes.

…

Therefore, applicant must either (1) restrict the application to the number of classes covered by the fee(s) already paid, or (2) submit the fees for the additional class(es).

The filing fee for adding classes to an application is as follows:

$325 per class, when the fees are submitted with a response filed online via the Trademark Electronic Application System (TEAS) …or

$375 per class, when the fees are submitted with a paper response.

Yikes, in this tough economy, will Microsoft be able to afford another $325?

Then in an article posted today, our friend Joe Tartakoff of PaidContent.orgspotted the names Sift and Swivel. We’re not sure about Swivel (an application for “operating system software for mobile phones”) but from our eager perusal of the Sift application, it appears to our non-lawyer trained eyes that the application was rejected, although not finally. In a document from the USPTO sent March 30, 2009:

Registration is refused because the applied-for mark merely describes the function of applicant’s goods and/or services. Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq.

A mark is merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose or use of the specified goods and/or services.

Applicant is applying for the mark “SIFT” for “computer programs for searching email, text messages, address and contact information,” in relevant part. The definition of “sift” is “to go through especially to sort out what is useful or valuable <sifted the evidence> —often used with through<sift through a pile of old letters>.” The attached excerpts from the Lexis/Nexis® database evidence that software may feature a sifting function. The applicant’s software is for sifting through email, text messages, and contact information. Thus, “SIFT” is descriptive of applicant’s goods in accordance with Section 2(e)(1) of the Act.

Although the examining attorney has refused registration, the applicant may respond to the refusal to register by submitting evidence and arguments in support of registration.

This is fun stuff, wheee!

None of these actions are final, and none of them tell us a dang thing, truthfully, as to what Microsoft’s intentions really are. We have a feeling that a Yahoo Search deal may have something to do with naming and branding, and who knows, we may see “Yahoo Search by Microsoft” as a new brand when it is all said and done, but for now, we’ll keep digging just like everyone else.

LiveSide Jobs board: PMX team looking for a Director of Brand Marketing

Kip Kniskern — Tue, 17 Feb 2009 03:30:36 GMT

(all emphasis mine)

Just came across this job posting on HireDiversity.com for a Director of Brand Marketing for the Premium Mobile Experiences team (and no, we’re not looking for work – looking to avoid it, more like). This “rare and extraordinary opportunity…to help us build the next billion dollar consumer business for Microsoft” just posted today, so act now, and say Hi to Roz Ho for us!

Some fun little tidbits in the posting, we’ll call some of them out here:

If you have strong experience in consumer brand marketing, a passion for mobile devices, software, and services, and want to help challenge conventional thinking and take the mobile industry in a new direction then PMX is the place for you. PMX is a highly entrepreneurial team that is leading innovation in consumer mobile experiences including community, communication, and connected entertainment. PMX includes the Danger business which currently powers the T-Mobile Sidekick.

…

Responsibilities of the Director of Brand Marketing will include: Lead the brand marketing team composed of all brand and marketing communications functions including Brand Creative, Advertising, Packaging, PR, Events, Lifestyle, Online/Digital, and Social/Community/CRM marketing efforts

…

Direct brand communication including ensuring the creation and execution of world class packaging and global advertising across all mediums

…

Support other teams including channel, retail, product management, business development, and partnerships to ensure they have the support they need to deliver a strong, powerful, and consistent brand message

…

The ability to create and manage a substantial budget and resources

The ability to think differently, challenge conventional wisdom, and drive new best practices

…

An affinity for mobile consumer products and digital entertainment is mandatory

And yes we’re aware that “packaging” can mean a lot of things, especially in marketing-speak, but still, whatever this is, it’s something big and bold and pink, and we can’t wait for this new hire to get to work!

Kumo gets a trademark

Kip Kniskern — Mon, 15 Dec 2008 04:18:38 GMT

A few weeks ago we spotted the domain name registration for Kumo, a possible new name for Live Search. Now Joseph Tartakoff at the Seattle PI has noticed that Microsoft has trademarked the Kumo name:

Word Mark
KUMO

Goods and Services
IC 009. US 021 023 026 036 038. G & S: computer software and hardware; including computer search engine software and downloadable software

IC 035. US 100 101 102. G & S: advertising services including dissemination of advertising for others via the Internet, business services including providing links to the websites of others, providing consumer and product information

IC 038. US 100 101 104. G & S: telecommunication services, including receipt and delivery of information, messages, documents, images and other data by electronic transmission

IC 041. US 100 101 107. G & S: education; providing of training; entertainment, including entertainment services via Internet search engines

IC 042. US 100 101. G & S: design and development of computer hardware and software; computer services including search engine services and the providing of downloadable and non-downloadable software

Filing Date
December 4, 2008

Owner
(APPLICANT) Microsoft Corporation CORPORATION WASHINGTON One Microsoft Way Redmond WASHINGTON 980526399

Mary Jo Foley first uncovered the Kumo name last summer, one of what she reported was a number of new branding names for Live Search services. Now it’s looking more and more like Kumo is emerging the winner. Even if Microsoft were to make some kind of a search deal with Yahoo!, without acquiring the whole company it wouldn’t be able to use the Yahoo! name, so moving ahead with a rebrand, possibly timed to coincide with a marketing push for Windows 7 and Windows Live later this year, might well be in the works.

Of course we’re a long way off from declaring a name change from Live Search to Kumo, but this has to be more than just a coincidence.

Messenger email: more hints at a Windows Live Search rebrand (UPDATED)

Kip Kniskern — Mon, 10 Nov 2008 03:24:20 GMT

3 weeks ago we wrote about some interesting tidbits that seemed to hint at a new name for Live Search: Windows Live Search. While the sources appeared to be legitimate, we stopped short of proclaiming a name change, and we’re not ready to call it a done deal even yet. However have come across some more fuel to add to the fire, thanks to tipster Andyman, who forwarded us an email from “communications_msn_cs_enuk *at* microsoft *dot* msn *dot* com” (loving those tips, keep em coming!). In a marketing email touting the new Hotmail and the Messenger beta among other things, the new-name-that-has-yet-to-be-named popped up again:

Since the email, which by all appearances, links, etc., seems legitimate (anyone else in the UK get this?), and since the material is topical and new, referencing the new Hotmail and the Messenger beta, it’s doubtful that this is just old material resurfacing, or a hoax. It’s much more likely that either a new name change is coming, or that Microsoft’s marketing is as confused as the rest of us about the revolving door naming policies surrounding Windows Live.

For what it’s worth, we’re all for a return to the Windows Live Search name. Even though internally Live Search remains separate from Windows Live (and we’re hearing that there are no immediate plans to change that), consolidating the brand externally just seems like the right thing to do. We expect a big marketing push for Windows 7 and Windows Live leading up to next year’s back to school and holiday shopping season, and Live Search is sorely in need of all the marketing help it can get.

UPDATE: Just received an email from a Microsoft spokesperson from the UK, who says the email is in error, and there are no current plans to change the name. Here’s the statement:

There are no current plans to change the Live Search Brand to Windows Live Search. The inclusion of Windows Live Search in a recent Microsoft communication was an error and will be corrected in an upcoming newsletter to the same distribution list. We apologise for any confusion this may have caused.

We’ll leave it at that for now, and leave you to decide what to make of it all.