throbber
Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1135666
`05/21/2021
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`
`Opposer Information
`
`Name
`
`Xactware Solutions, Inc.
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`05/23/2021
`
`545 WASHINGTON BOULEVARD
`JERSEY CITY, NJ 07310
`UNITED STATES
`
`JAMES W. DABNEY
`HUGHES HUBBARD & REED LLP
`ONE BATTERY PARK PLAZA
`HUGHES HUBBARD LLP
`NEW YORK,, NY 10004-1482
`UNITED STATES
`Primary Email: james.dabney@hugheshubbard.com
`Secondary Email(s): trademarks@hugheshubbard.com,
`patrice.jean@hugheshubbard.com, emma.baratta@hugheshubbard.com, jef-
`frey.bednar@hugheshubbard.com
`(212) 837-6000
`
`Docket Number
`
`033714-00001
`
`Applicant Information
`
`Application No.
`
`79284399
`
`Publication date
`
`11/24/2020
`
`Opposition Filing
`Date
`
`International Re-
`gistration No.
`
`Applicant
`
`05/21/2021
`
`1527859
`
`Buildxact Software Limited
`1/411 COLLINS STREET
`MELBOURNE VIC 3000
`AUSTRALIA
`
`Opposition Peri-
`od Ends
`
`International Re-
`gistration Date
`
`05/23/2021
`
`10/03/2019
`
`Goods/Services Affected by Opposition
`
`Class 009. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Downloadable Ccomputer software for con-
`struction management; downloadable computer software for lead generation and management, pro-
`posal and bid creation, project and pre-project management, customercommunications, financial
`management, accounting integration, warranty management; downloadable application software for
`construction management, lead generation and management, proposal and bid creation and man-
`agement, project and pre-project management, customer communications, financial management,
`accounting integration, warranty management; all of the foregoing in the field of construction
`
`

`

`Class 036. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Estimation of building project costs,
`namely, preparation of quotes for cost estimate and purchasing purposes
`
`Class 037. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Advisory services relating to building and
`construction services, namely, advisory services regarding building or constructing new buildings,
`renovating or maintaining existing buildings, and adding to or extending existing buildings; construc-
`tion project management in relation to building activities; provision of information, including by elec-
`tronic means and the Internet via computer, computer networks, telephone, the Internet, or electronic
`mail, about all the aforesaid services
`
`Class 042. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Providing temporary use of non-
`downloadable software for construction management; providing temporary use of non-downloadable
`software for lead generation and management, proposal and bid creation, project and pre-project
`management, customer communications, financial management, accounting integration, warranty
`management; computer support services, namely, programming of computer software for others,
`computer software installation and maintenance, and repair of software all of the foregoing in the field
`of construction; off-site building project management, namely, construction drafting, drafting of con-
`struction plans for buildings, construction design services
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`1816735
`
`Registration Date
`
`01/18/1994
`
`Application Date
`
`04/12/1993
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`XACTIMATE
`
`NONE
`
`Class 009. First use: First Use: 1986/02/15 First Use In Commerce: 1986/03/15
`computer programs for use in building construction cost estimating
`
`U.S. Registration
`No.
`
`2010018
`
`Registration Date
`
`10/22/1996
`
`Application Date
`
`10/11/1995
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`XACTNET
`
`NONE
`
`Class 009. First use: First Use: 1995/09/05 First Use In Commerce: 1995/09/05
`computer programs for use in building construction cost estimating and instruc-
`tional materials sold together as a unit
`
`U.S. Registration
`No.
`
`2463231
`
`Registration Date
`
`06/26/2001
`
`Word Mark
`
`XACTWARE.COM
`
`Application Date
`
`03/25/1999
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 042. First use: First Use: 1998/07/00 First Use In Commerce: 1998/07/00
`PROVIDING INFORMATION IN THE FIELD OF COMPUTER SOFTWARE VIA
`A GLOBAL COMPUTER NETWORK
`
`U.S. Registration
`No.
`
`2566435
`
`Registration Date
`
`05/07/2002
`
`Word Mark
`
`Design Mark
`
`XACTINFO.COM
`
`Application Date
`
`08/12/1999
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 1999/08/03 First Use In Commerce: 1999/08/03
`Providing referral services to homeowners for home improvement, home remod-
`eling, and home repair service providers
`Class 037. First use: First Use: 1999/08/03 First Use In Commerce: 1999/08/03
`Providing a web site on the Internet featuring information about home repairs
`and home maintenance, and providing e-mail reminders of events relevant to
`the maintenance of the home
`Class 039. First use: First Use: 1999/08/03 First Use In Commerce: 1999/08/03
`Electronic storage for others of data relating to home warranty information and-
`blueprints of homes
`
`U.S. Registration
`No.
`
`2481541
`
`Registration Date
`
`08/28/2001
`
`Word Mark
`
`Design Mark
`
`XACTANALYSIS
`
`Application Date
`
`10/18/1999
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 036. First use: First Use: 1999/09/10 First Use In Commerce: 1999/09/10
`Providing real-time claims management reports to insurance carriers and restor-
`
`

`

`ation contractors via a secure on-line website
`
`U.S. Registration
`No.
`
`2589730
`
`Registration Date
`
`07/02/2002
`
`Word Mark
`
`Design Mark
`
`XACTSCOPE
`
`Application Date
`
`10/12/2000
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2001/03/01 First Use In Commerce: 2001/03/01
`software program for use with a handheld device for gathering data in order to
`produce a construction or insurance claim estimate
`
`U.S. Registration
`No.
`
`3022499
`
`Registration Date
`
`12/06/2005
`
`Application Date
`
`03/05/2004
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`XACTWARE'S ESERVICE CENTER
`
`NONE
`
`Class 042. First use: First Use: 2002/04/00 First Use In Commerce: 2002/04/00
`Providing technical support, namely troubleshooting computer software prob-
`lems via online self-help documents, live online chat, e-mail, telephone, and on-
`line tips of the week
`
`U.S. Registration
`No.
`
`3121549
`
`Registration Date
`
`07/25/2006
`
`Application Date
`
`02/25/2004
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`XACTANALYSIS ASSIGNMENT QUEUE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2006/01/26 First Use In Commerce: 2006/01/26
`[ Downloadable database assignment software to receive and track electronic
`insurance claims from others ]
`Class 042. First use: First Use: 2006/01/26 First Use In Commerce: 2006/01/26
`Providing temporary use of online non-downloadable database software to re-
`ceiveand track electronic insurance claims and related assignments from others
`
`U.S. Registration
`No.
`
`3176463
`
`Registration Date
`
`11/28/2006
`
`Word Mark
`
`Design Mark
`
`XACTCONTENTS
`
`Application Date
`
`08/17/2005
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 042. First use: First Use: 2003/08/01 First Use In Commerce: 2003/08/01
`Providing temporary use of online non-downloadable software for calculating
`thecosts of, tracking the progress and payments of, and reporting personal prop-
`erty claims
`
`U.S. Registration
`No.
`
`3266191
`
`Registration Date
`
`07/17/2007
`
`Word Mark
`
`XACTREMODEL
`
`Application Date
`
`09/09/2005
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2005/10/17 First Use In Commerce: 2005/10/17
`Computer software, namely, software foruse in building construction, restoration
`and remodel cost estimating
`
`U.S. Registration
`No.
`
`3348271
`
`Registration Date
`
`12/04/2007
`
`Word Mark
`
`Design Mark
`
`XACTNET
`
`Application Date
`
`01/30/2006
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 036. First use: First Use: 2002/05/24 First Use In Commerce: 2002/05/24
`Insurance appraisals and evaluations.
`Class 039. First use: First Use: 2002/05/24 First Use In Commerce: 2002/05/24
`Electronic storage services, namely storing data for others in the fields of resid-
`ential, commercial, industrial and agricultural real estate valuations, construc-
`tion, replacement and remodeling costs estimates
`Class 042. First use: First Use: 2002/05/24 First Use In Commerce: 2002/05/24
`Providing temporary use of non-downloadable computer software for tracking,
`documenting and reporting of insurance claims and valuations of real estate,
`buildings and personal property for estimatingthe costs of insurance, construc-
`tion, remodeling or replacement of residential,commercial, industrial and agricul-
`turalbuildings
`
`U.S. Registration
`No.
`
`3508681
`
`Registration Date
`
`09/30/2008
`
`Word Mark
`
`XACTWARE
`
`Application Date
`
`01/30/2006
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 1992/04/16 First Use In Commerce: 1992/04/16
`Computer software for estimating and valuing insuring, remodeling, replacement
`and construction costs and for managing the insured's home contents and in-
`structional materials sold as a unit
`Class 035. First use: First Use: 1992/04/16 First Use In Commerce: 1992/04/16
`Data compiling and analyzing in the field of insurance
`Class 036. First use: First Use: 1992/04/16 First Use In Commerce: 1992/04/16
`Providing a database for tracking, monitoring, and generating reports on inform-
`ation and statistics about the progress of insurance claims from the beginning of
`the claim until payment or settlement of the claim, including property valuations,
`remodeling costs and repair estimates
`Class 039. First use: First Use: 1992/04/16 First Use In Commerce: 1992/04/16
`Electronic storage services, namely, storing data on insurance claims that in-
`volve damages to real property, home warranties, valuations of real estate and
`buildings, and insurance policies covering real estate
`Class 042. First use: First Use: 1992/04/16 First Use In Commerce: 1992/04/16
`Providing temporary use of non-downloadable computer software for tracking
`and documenting insurance claims and valuations of real estate and building, for
`estimating the costs of insurance, construction, remodeling or replacement of
`residential, commercial, industrial and agricultural buildings, for calculating the
`costs of repairs, for monitoring of claims under home warranties and building in-
`surance policies
`
`U.S. Registration
`No.
`
`4354569
`
`Registration Date
`
`06/18/2013
`
`Word Mark
`
`Design Mark
`
`XACTPRM
`
`Application Date
`
`08/03/2011
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`NONE
`
`

`

`Goods/Services
`
`Class 009. First use: First Use: 2011/04/25 First Use In Commerce: 2011/09/00
`Computer software, namely, cost estimation, project management and analytic
`reporting software that is used in the property repair and maintenance industry
`
`U.S. Registration
`No.
`
`4713199
`
`Registration Date
`
`03/31/2015
`
`Word Mark
`
`Design Mark
`
`XACTCREDENTIALS
`
`Application Date
`
`06/26/2013
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 2013/04/00 First Use In Commerce: 2014/07/01
`Providing an on-line database featuringcomparison information in the field of in-
`surance, namely, information concerning the qualifications, skills, geographical
`scope, job magnitude capabilities, availability and prior customer ratings ofinsur-
`ance industry service providers
`Class 036. First use: First Use: 2013/04/00 First Use In Commerce: 2014/07/01
`Providing an on-line database in the field of insurance claims processing, featur-
`ing information concerning progress and status of the services provided, and im-
`ages and documents concerning status ofthe services provided
`Class 042. First use: First Use: 2013/04/00 First Use In Commerce: 2014/07/01
`Providing on-line, non-downloadable software that enables customers to provide
`feedback concerning the relative merits of various insurance industry service
`providers; providing insurers with probabilistic modeling for resource planning;
`providing insurance industry service providers on-line, non-downloadable soft-
`wareto facilitate the management of job types and sizes in various geographical
`areas
`
`U.S. Registration
`No.
`
`4683469
`
`Registration Date
`
`02/10/2015
`
`Word Mark
`
`XACTIMATE
`
`Application Date
`
`07/03/2013
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2013/03/05 First Use In Commerce: 2013/03/05
`Downloadable electronic reports relating to insurance property claims and build-
`ing construction cost estimating
`Class 039. First use: First Use: 2013/03/05 First Use In Commerce: 2013/03/05
`Electronic storage of data for others relating to insurance property claims and-
`building construction cost estimating
`Class 041. First use: First Use: 2013/03/05 First Use In Commerce: 2013/03/05
`Providing on-line, non-downloadable electronic reports relating to insurance
`property claims and building construction cost estimating
`Class 042. First use: First Use: 2013/03/05 First Use In Commerce: 2013/03/05
`Providing temporary use of on-line non-downloadable software for use in con-
`nection with insurance property claims and building construction cost estimating
`
`U.S. Registration
`No.
`
`5218865
`
`Registration Date
`
`06/06/2017
`
`Word Mark
`
`Design Mark
`
`XACTANALYSIS
`
`Application Date
`
`08/12/2014
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 1995/12/19 First Use In Commerce: 1995/12/19
`Computer software for use in insurance claims management, valuations of real
`estate, buildings, fixtures, and personal property, building construction cost es-
`timating, and building construction; downloadable computer software for meas-
`uringbuilding structures and creating floor plans of buildings or structures; down-
`loadable computer software for taking and uploading photos; downloadable
`electronic reports relating to insurance propertyclaims, valuations of real estate,
`buildings, fixtures, and personal property, and building construction cost estimat-
`ing; computer software for accessing pricing information used in estimating and
`valuing the costs of construction, remodeling, repair or replacement of residen-
`
`

`

`tial, commercial, industrial and agricultural structures and the fixtures and con-
`tents thereof
`Class 035. First use: First Use: 1995/12/19 First Use In Commerce: 1995/12/19
`Providing pricing information for use in estimating and valuing the costs of con-
`struction, remodeling, repair or replacement of residential, commercial, industrial
`and agricultural structures and thefixtures and contents thereof; compilation and
`analysis of data in the field ofinsurance; auditing of insurance claimsestimations
`Class 036. First use: First Use: 1995/12/19 First Use In Commerce: 1995/12/19
`Insurance appraisals and evaluations
`Class 038. First use: First Use: 1995/12/19 First Use In Commerce: 1995/12/19
`Electronic transmission of information on insurance claims, valuations of real es-
`tate, buildings, fixtures, and personal property, and building construction cost es-
`timating and valuation
`Class 041. First use: First Use: 2001/09/10 First Use In Commerce: 2001/09/10
`Non-downloadable electronic publications in the nature of reports relating to in-
`surance property claims, valuations of real estate, buildings and personal prop-
`erty, and building construction cost estimating; non-downloadable electronic
`publications in the nature of reports with information and analysis about weather
`and natural hazards at geographic locations
`Class 042. First use: First Use: 1995/12/19 First Use In Commerce: 1995/12/19
`Providing online non-downloadable software for tracking, documenting, monitor-
`ing, analyzing, managing, and reporting ofinsurance claims, reinspections, and
`valuations of real estate, buildings, fixtures, and personal property, for uploading
`photos, for communicating with insurance policyholders and insurance in-
`dustryprofessionals, and for providing and tracking customer surveys; providing
`online non-downloadable software for estimating the costs of insurance, con-
`struction,remodeling or replacement of residential, commercial, industrial and
`agricultural structures and the fixtures and contents thereof; providing online
`non-downloadable software for viewing and creatingreports on performance
`metrics of thirdparty insurance adjusters and contractors; providing a database
`with information and analysis about weather and naturalhazards at geographic
`locations; providing online non-downloadable software forcreating reports about
`weather and natural hazards at geographic locations; providing online non-
`downloadable software for creating maps; providing online non-downloadable
`software for accessing pricing information used in estimating and valuing the
`costs of construction, remodeling, repair or replacement of residential, commer-
`cial, industrial and agricultural structures and the fixtures and contents thereof;
`providing information on weather and natural hazards to assist in insurance
`claims management and analysis; electronic storage services, namely, storing
`data for others relating to insurance claims, valuations of real estate, buildings,
`fixtures, and personal property, and construction, replacement and remodeling
`costs estimates
`
`U.S. Registration
`No.
`
`4847240
`
`Registration Date
`
`11/03/2015
`
`Word Mark
`
`XACTWARE
`
`Application Date
`
`08/12/2014
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 1986/10/13 First Use In Commerce: 1986/10/13
`Computer software for accessing pricinginformation used in estimating and valu-
`ing the costs of construction, remodeling, repair or replacement of residen-
`tial,commercial, industrial and agriculturalstructures and the fixtures and con-
`tents thereof
`Class 035. First use: First Use: 2013/02/12 First Use In Commerce: 2013/02/12
`Providing pricing information for use in estimating and valuing the costs of con-
`struction, remodeling, repair or replacement of residential, commercial, industrial
`and agricultural structures and thefixtures and contents thereof
`Class 042. First use: First Use: 2013/02/12 First Use In Commerce: 2013/02/12
`Providing online non-downloadable software for accessing pricing information
`used in estimating and valuing the costs of construction, remodeling, repair or
`replacement of residential, commercial, industrial and agricultural structures an-
`dthe fixtures and contents thereof
`
`U.S. Registration
`No.
`
`5612220
`
`Registration Date
`
`11/20/2018
`
`Word Mark
`
`Design Mark
`
`XACTWARE
`
`Application Date
`
`09/16/2015
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 1986/10/13 First Use In Commerce: 1986/10/13
`project management software for use in the building construction, repair, restor-
`ation, and remodeling industries; software for use in building construction, re-
`pair, restoration and remodel cost estimating; software for measuring building
`structures, roofs, other features of building structures, property, and terrain, us-
`ing aerial, terrestrial, and satelliteimagery and other remote sensing technolo-
`gies, photographic data, and geospatial data, and for creating drawings, floor-
`plans, and schematics of building structures, roofs, other features of building
`
`

`

`structures, property, and terrain; software for integrating electronic data withreal
`world environments for the purposeof generating digital representations of build-
`ing structures, roofs, other features of building structures, property, and terrain;
`software for capturing, gathering, and accessing aerial, terrestrial, and satellite
`imagery, photographic data, and geospatial data; software for photogrammetric
`analysis; software for capturing, gathering and accessing aerial, terrestrial, and
`satellite imagery, photographic data, and geospatial data, and for data manage-
`ment and analysis, for use in the fields of building inspections,risk assessment,
`hazard assessment, reconstruction assessment, and to assist ininsurance
`claims management and analysis; software for taking and uploading photos and
`uploading videos; software used for storing and accessing images and geo-
`graphic and locational data regarding the stored and accessed images; software
`for use in analysis, predictive modeling,and creating reports, relating to property
`damages, catastrophic loss information, weather events and catastrophes; soft-
`ware for measuring interior spaces and creating drawings, floorplans, designs,
`and schematics of interior spaces; software in the nature of a mobile application
`for measuring interior spaces and creating drawings, floorplans, designs, and
`schematics of interior spaces; software for controlling imaging apparatus,
`namely, cameras and other remote sensing technologies; software for accessing
`pricinginformation used in estimating and valuing the costs of construction, re-
`modeling, repair or replacement of residential,commercial, industrial and agricul-
`turalstructures and the fixtures and contents thereof; downloadable electronic re-
`ports relating to insurance property claims, valuations of real estate, buildings,
`fixtures, and personal property, and building construction cost estimating; soft-
`ware for use in valuations of real estate, buildings, fixtures, and personal prop-
`erty; software for documenting, inventorying, and monitoring the damage to and
`operating status, condition and locationof personal, commercial, and industrial-
`property; software, namely, graphic based construction estimation software,
`which estimates the cost of building or repairing structures for use by the con-
`struction and insurance industries; software, namely, cost estimation, project
`management and analytic reporting software that is used in the property repair
`and maintenance industry; software for estimating and valuing insuring, remod-
`eling, replacement and construction costs and formanaging the insured's home
`contents and instructional materials sold as a unit; downloadable reports and
`data files featuring information and analytics regarding weather and natural haz-
`ards that have occurred at geographic locations; downloadable electronic maps
`featuring information and analytics regarding weather and natural hazards;
`downloadable software for creating and viewing reports and maps about weath-
`er and natural hazards that have occurred at geographic locations; three dimen-
`sional imagery and computermodeling software relating to measurements and
`images of building structures, roofs, other features of building structures, prop-
`erty, and terrain
`Class 035. First use: First Use: 1986/10/13 First Use In Commerce: 1986/10/13
`providing pricing information for use in estimating and valuing the costs of con-
`struction, remodeling, repair or replacement of residential, commercial, industrial
`and agricultural structures and thefixtures and contents thereof compilation and
`analysis of data in the field of insurance; auditing of insurance claims estima-
`tions; providing in-person business and commercial forums in the fields oftech-
`nology, use of imagery, geospatial intelligence and analysis, manned and un-
`manned aerial vehicles and related technology, insurance, real estate, building
`and construction, catastrophes, weather events and issues, and products, con-
`sulting and services related thereto
`Class 036. First use: First Use: 2011/02/18 First Use In Commerce: 2011/02/18
`providing photographic data, geospatialdata, and other information about build-
`ing structures, roofs, other features ofbuilding structures, property, and terrain,
`and providing aerial, terrestrial and satellite imagery, for use in the insurance,
`financial and real estate fields, namely, providing information and imagery on
`property damage, and on risk associated with and damaged caused by weather
`events and catastrophes, to assist in insurance claims management and analys-
`
`

`

`is, risk management and analysis, financial risk assessment, financial and in-
`vestment analysis, real estate valuation, andreal estate risk management and
`analysis; Insurance appraisals and evaluations of real and personal property;
`providingan online searchable database for use in tracking, monitoring, and gen-
`erating reports on information and statistics about the progress of insurance
`claims fromthe beginning of the claim until payment or settlement of the claim,
`including property valuations, remodeling costs and repair estimates; providing
`information in the field of insurance claims management and analysis, namely,
`information on weather and natural hazards; providing information and analysis
`using aerial,terrestrial, and satellite imagery and other remote sensing technolo-
`gies relating to landscapes and the environment, and changes and risks associ-
`ated therewith, in the field of insurance; insurance and financial risk assessment
`services providing through the use of aerial, terrestrial and satellite imagery, re-
`lating to building structures, roofs, other features of building structures, property,
`and terrain, and to risk associated with and damage caused by weather, natural
`hazards, and natural disasters; providing an interactive website featuring aeri-
`al,terrestrial and satellite imagery, photographic data. and geospatial data, relat-
`ing to building structures, roofs, other features of building structures, property,
`and terrain, and risk associated with and damage cause by weather and natural
`disasters all for use in the insurance financial and real estate fields
`Class 037. First use: First Use: 2011/02/18 First Use In Commerce: 2011/02/18
`building inspection services provided through the use of aerial, terrestrial and
`satellite imagery, relating to building structures, roofs, other features of building
`structures, property, and terrain
`Class 038. First use: First Use: 2013/05/07 First Use In Commerce: 2013/05/07
`electronic transmission of information on insurance claims, valuations of real es-
`tate, buildings, fixtures, and personal property, and building construction cost es-
`timating and valuation; providing on-line forums in the fields of technology, use
`of imagery, geospatial intelligence and analysis, manned and unmanned aerial
`vehicles and related technology, insurance, real estate, building and construc-
`tion, catastrophes, weather events andissues, and products, consulting and ser-
`vices related thereto; providing on-line forums which allow users to exchange in-
`formation and research, provide and receive feedback, and engage in peer re-
`view, regarding research in the fields of technology, use of imagery, geospatial
`intelligence and analysis, manned and unmanned aerial vehicles and related
`technology, insurance, real estate, building andconstruction, catastrophes,
`weather events and issues, and products, consultingand services related thereto
`Class 039. First use: First Use: 2016/05/17 First Use In Commerce: 2016/05/17
`providing online information, namely, geographic information, and map images,
`through the collection, manipulation, processing, and/or formatting of images an-
`dgeographic measurements of geographic locations
`Class 041. First use: First Use: 1993/00/00 First Use In Commerce: 1993/00/00
`educational services, namely, providingclasses, seminars, conferences, work-
`shops, and on-line courses of instruction in the fields of computer programming,
`computer software development, computer software development in the field of
`mobile applications and interfaces, computer system design, computer science,
`computer software application development, web development, and web design;
`educationalservices, namely, conducting distance learning instruction at the sec-
`ondary, college and graduate levels; educational services, namely, providing
`courses of instruction over the Internet in the fields of computer programming,
`computer software development, computer software development in the field of
`mobile applications and interfaces, computer system design, computer science,
`computer software application development, web development, and web design;
`educational services, namely, providing internships, externships, and appren-
`ticeships in the fields ofcomputer programming, computer softwaredevelopment,
`computer software development in the field of mobile applications and inter-
`faces, computer system design, computer science, computer software applica-
`
`

`

`tion development, web development, and web design; providing in-person and
`on-line training courses, seminars and workshops in the fields of insurance
`claimsmanagement, valuations of real estate, buildings, fixtures, and personal
`property, building construction cost estimating, and building construction, and
`software and technology relating thereto; non-downloadable electronic publica-
`tions in the nature of reports relating to insurance property claims, valuations of
`real estate, buildings and personal property,and building construction cost estim-
`ating; non-downloadable electronic publications in the nature of reports with in-
`formation and analysis about weather and natural hazards at geographic loca-
`tions; education services, namely, multi-media training services offered to others
`in the field of insurance cost valuation and residential; construction and remodel-
`ing; educational services, namely, providing round table and panel discussions
`in the fields of technology, use of imagery,geospatial intelligence and analysis,
`manned and unmanned aerial vehicles and related technology, insurance, real
`estate, building and construction, catastrophes, weather events and issues, and
`products, consulting and services related thereto
`Class 042. First use: First Use: 2011/02/18 First Use In Commerce: 2011/02/18
`remote measuring and electronic imagingof features of building structures, roofs,
`other features of building structures, property, and terrain, using aerial, terrestri-
`al, and satellite imagery and computer software; analyzing the structural proper-
`ties of building structures androofs using aerial, terrestrial, and satellite imagery,
`other sensing technologies, and computer software; providing online non-
`downloadable software for computer representations of geographic locations
`created from aerial, terrestrial andsatellite imagery and other remote sensing
`technologies; computer modeling services, namely, providing three dimensional
`imagery and computer modeling relatingto measurements and images of build-
`ing structures, roofs, other features of building structures, property, and ter-
`rain;remote measuring services for building structures, roofs, other features of
`building structures, and surrounding property, using aerial, terrestrial and satel-
`lite imagery, other remote sensing technologies, and computer software;
`providingonline nondownloadable project management software for use in the
`building construction, repair, restoration, and remodeling industries; providing
`online nondownloadable software for use in building construction, repair, restor-
`ation and remodel cost estimating; providing online nondownloadable software
`for measuring building structures, roofs, other features of building structures,
`property, and terrain, using aerial, terrestrial, and satellite imagery and other re-
`mote sensing technologies, photographic data, and geographic information, and
`for creatingdrawings, floorplans, and schematics ofbuilding structures, roofs,
`other features of building structures, and surrounding property; providing online
`nondownloadable software for integrating electronic data with real world environ-
`ments forthe purpose of generating digital representations of building structures,
`roofs, other features of building structures,property, and terrain; providing onlin-
`enondownloadable software for use in providing aerial, terrestrial, and satellite
`imagery, photographic data, and geospatial data; providing onlin

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