TMEP 1402.11(a)(xi): Electronic Storage, Hosting of Data, and Cloud Computing

This is the October 2015 Edition of the TMEP

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1402.11(a)(xi)    Electronic Storage, Hosting of Data, and Cloud Computing

Electronic storage of data for others is considered a computer technology service as it requires the provision of technological means to conduct the activity and is classified in Class 42 as of the 10th edition, 2014 version of the Nice Classification system. Hosting of computer websites and other data, including software as a service, is also a computer technology service when conducted for third parties. The storage or hosting of one’s own data is not considered a service within the meaning of the Trademark Act. Some acceptable identifications are:

  • “Electronic data storage, in Class 42.”
  • “Electronic storage of documents and archived e-mails, in Class 42.”
  • “Hosting of digital content on the Internet, in Class 42.”
  • “Website hosting services, in Class 42.”

Cloud computing comprises a variety of Class 42 activities that must be further specified for purposes of examination on the basis of likelihood of confusion under §2(d), 15 U.S.C. §1052(d). Some acceptable identifications are:

  • “Computer services, namely cloud hosting provider services, in Class 42.”
  • “Providing virtual computer systems and virtual computer environments through cloud computing, in Class 42.”
  • “Cloud computing featuring software for use {specify function and, if content- or field-specific, the field of use}, in Class 42.”