1402.11(a)(ix) Database Services
Prior to January 1, 2002, the service of providing an online database via the Internet was classified in Class 42 if the database included a wide variety of subject matter. However, effective January 1, 2002, the subject matter or content of the online database now governs the classification of the services. Applicants must now separate the subject matter or content of the databases into their appropriate individual international classes. Acceptable identifications include:
- “Providing an online electronic database on the Internet in the field of business evaluations of automobile companies, in Class 35.”
- “Providing an online electronic database on the Internet in the field of banking, in Class 36.”
- “Providing an online electronic database on the Internet in the field of computer programming, in Class 42.”
- “Providing an online electronic database on the Internet in the field of cosmetology, in Class 44.”
In determining whether the specimens support “database provision services,” look for the following clues:
- See if the specimens use words like “to access our database,” “our database includes…,” etc.
- Confirm that the information provided online is capable of being searched, sorted, re-arranged, and indexed like a traditional database.
- If the specimens consist of merely a series of web pages, this is NOT a database. A more appropriate identification would be “providing a website on the Internet featuring information in the fields of ________, in Class ___ (class dependent on the content).”
Other common database services include the following:
- “Database development services, in Class 42.”
- “Computerized database management services, in Class 35.”
See TMEP §1402.11(b) regarding information services.