98216978•Narender Reddy
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This Opinion is Not a Precedent of the TTAB Mailed: July 17, 2026 UNITED STATES PATENT AND TRADEMARK OFFICE _____ Trademark Trial and Appeal Board _____ In re Narender Reddy _____ Serial No. 98216978 _____ Narender Reddy, pro se. Caitlan Watts-Fitzgerald, Trademark Examining Attorney, Law Office 111, Chris Doninger, Managing Attorney. _____ Before Wellington, Larkin, and Lavache, Administrative Trademark Judges. Opinion by Larkin, Administrative Trademark Judge: Narender Reddy (“Applicant”), appearing pro se, seeks registration on the Principal Register of the proposed standard-character mark ECOMPUBILL.COM for services originally identified as “billing” and later amended to “Medical practices revenue cycle management and billing; Filing electronic claims and processing electronic reimbursements from insurance companies; Preparing and submitting
Serial No. 98216978 - 2 - electronically secure financial reports and status of patient accounts receivables” in International Class 35.1 The Trademark Examining Attorney has refused registration of Applicant’s proposed mark on three grounds: (1) under Sections 1, 2, and 45 of the Trademark Act, 15 U.S.C. §§ 1051, 1052, and 1127, on the ground that Applicant’s proposed mark fails to function as a mark; (2) under Sections 1 and 45 of the Trademark Act, on the ground that Applicant’s specimens fail to show use of the proposed mark in commerce in connection with the identified services; and (3) under Trademark Rule 2.71(a), 37 C.F.R. § 2.71(a), on the ground that Applicant’s amendment of his identification of services exceeds the scope of his original identification. Applicant appealed when the Examining Attorney made the refusals final. Applicant and the Examining Attorney have filed briefs.2 We affirm the three refusals to register. 1 Application Serial No. 98216978 was filed on October 10, 2023 under Section 1(a) of the Trademark Act, 15 U.S.C. § 1051(a), based on Applicant’s claim of first use of the proposed mark and first use of the proposed mark in commerce at least as early as January 20, 1980. As noted, Applicant originally sought to register his proposed mark for services identified as “billing,” and the amended identification of services set forth above is the subject of one of the refusals to register at issue in this appeal. 2 Citations in this opinion to the briefs and other materials in the case docket refer to TTABVUE, the Board’s online docketing system. The number preceding TTABVUE corresponds to the docket entry number, and any numbers following TTABVUE refer to the page(s) of the docket entry where the cited materials appear. Applicant’s operative appeal brief appears at 10 TTABVUE and the Examining Attorney’s brief appears at 18 TTABVUE. Applicant filed a document on April 10, 2026 purporting to be a reply brief, 19 TTABVUE, but it is nothing more than another version of Applicant’s appeal brief, as it is dated October 3, 2025 and does not address any arguments in the Examining Attorney’s brief. We note that Applicant’s appeal brief contains several references to patent law (and one to copyright law), including Applicant’s characterization of himself as “the sole named inventor,” 10 TTABVUE 2, his reference to “Related Appeals and Interferences” and his appeal of “a non-final rejection of then-pending claims as allegedly unpatentable under
Serial No. 98216978 - 3 - I. Prosecution and Procedural History, and Record on Appeal3 We briefly summarize below the prosecution history of the application and the procedural history of the appeal because they provide useful background to our disposition of the appeal. As noted above, Applicant initially applied to register his proposed mark for services described as “billing” based on the specimen of use shown below: 4 A few days after filing the application, Applicant filed a Request to Make Special requesting the USPTO to examine his application out of order due to the cancellation of Registration No. 2741343, which Applicant had claimed in his application. Sections 1, 2, 3, and 45, 15 U.S.C. §§1051-1053,” id., his statement that “[t]his brief is being filed, as instructed by one of the paralegal attorney [sic] to prevent the abandonment of my claim,” id. at 5, and his inclusion of a “Claims Appendix” that recites what appear to be patent claims. Id. at 6-9. These references are repeated in his “reply” brief. 19 TTABVUE 2, 6, 7-10. 3 Citations in this opinion to the application record are to pages in the downloadable .pdf version of the Trademark Status & Document Retrieval (“TSDR”) database of the United States Patent and Trademark Office (“USPTO”). 4 October 10, 2023 Application at 2, 7 (emphasis in original).
Serial No. 98216978 - 4 - Applicant argued that Registration No. 2741343 involved the same mark and the same services as his new application.5 The USPTO denied his request on the ground that “[a]lthough the marks in the prior registration and the present application are the same, the goods and/or services in the new application are beyond the scope of the goods and/or services listed in the cancelled registration,” and “a request to make special cannot be granted where, as in the instant case, the goods and/or services exceed the scope of those in the cancelled registration.”6 The Examining Attorney then issued an Office Action refusing registration on the grounds that the proposed mark failed to function as a mark and that Applicant’s specimen did not show use of the proposed mark with the identified “billing” services.7 Applicant responded by amending his identification of services to “Medical practices revenue cycle managment [sic] and billing. Filing electronic claims and processing electronic reimbursemnts [sic] from insurance companies. Preparing and submitting electronically secure financila [sic] reports and status of patient accounts receivables,”8 and by making of record copies of his original specimen,9 as well as an additional purported specimen, which we reproduce below: 5 October 12, 2023 Request to Make Special at 3. 6 November 14, 2023 Petition Decision at 1. 7 May 29, 2024 Office Action at 1-4. 8 August 8, 2024 Response to Office Action at 1. 9 Id. at 6, 8.
Serial No. 98216978 - 5 - 10 The Examining Attorney then issued another non-final Office Action maintaining the failure-to-function and specimen refusals to register, and refusing registration on the additional ground that Applicant’s purported amendment to his identification of services exceeded the scope of his original identification.11 The application became abandoned when Applicant did not timely file a response to the Office Action, but Applicant successfully petitioned to revive the application, making of record additional copies of his original and substitute specimens.12 The Examining Attorney then issued an Office Action making final all three refusals to register.13 10 Id. at 7, 9 (emphasis in original). Applicant described the original and new specimen as follows: “Proof of domain ECOMPUBILL.COM name being used in conducting electronic commerce on a regular basis. Our domain is based on electronic data processing and bidirectional transmission of data, either via the internet of via VPN is based on using the domain name, either in itself or as an extension.” Id. at 1. 11 November 4, 2024 Office Action at 1-5. 12 July 10, 2025 Petition to Revive Abandoned Application at 1-8. 13 July 14, 2025 Final Office Action at 1-5.
Serial No. 98216978 - 6 - Applicant then appealed. 1 TTABVUE. About a month later, Applicant requested remand of the application to the Examining Attorney for consideration of additional specimens,14 which we reproduce below: 14 Applicant filed two requests for remand at 4-5 TTABVUE. We discuss the first such filing, which covers multiple new purported specimens. The second such filing appears to be duplicative, but covers only a few of those claimed specimens.
Serial No. 98216978 - 7 - 4 TTABVUE 4-6. Id. at 7. Id. at 8.15 Before the Board acted on his remand request, Applicant filed an appeal brief, 6 TTABVUE, which is the original version of the briefs that Applicant later filed at 10 and 17 TTABVUE. 15 This document is the cover page of a six-page document. We have not reproduced the five subsequent pages because, like the cover page itself, they do not display the proposed applied- for ECOMPUBILL.COM mark.
Serial No. 98216978 - 8 - The subsequent history of the appeal involves multiple twists and turns. After Applicant filed his appeal brief, it was transmitted to the Examining Attorney, 7 TTABVUE, but that same day the Examining Attorney issued a denial of a request for reconsideration, which Applicant had never filed.16 A week later, the Board resumed the appeal and gave Applicant time to file an appeal brief even though he had already filed one. 9 TTABVUE 1. Applicant filed his appeal brief a second time ten days later at 10 TTABVUE. A few days after Applicant filed his appeal brief a second time, the Board issued an order vacating its orders transmitting Applicant’s first appeal brief to the Examining Attorney and granting Applicant additional time to file his appeal brief. 11 TTABVUE 1. In that order, the Board noted that “the Trademark Examining Attorney issued a Request for Reconsideration Denied on October 7, 2025 despite the fact that the Examining Attorney lacked jurisdiction over the application at that time,” and held that “good cause has been shown for consideration of Appellant’s outstanding submissions, which the Board collectively treats as a request for remand. Action on the appeal is suspended, and the file is remanded to the Examining Attorney for consideration of Appellant’s request for remand located at 4-6, 10 TTABVUE.” Id. The Examining Attorney subsequently issued an Office Action maintaining and continuing all three refusals based on a rejection of Applicant’s additional 16 October 7, 2025 Denial of Request for Reconsideration at 1-5.
Serial No. 98216978 - 9 - specimens.17 The Examining Attorney made of record pages from the website at one.com discussing the various components of an email address,18 and a Wikipedia entry captioned “Email address.”19 The appeal was resumed and Applicant was once again given time to file an appeal brief. 14 TTABVUE 1. When Applicant did not do so within the allowed time, the appeal was dismissed and the case was terminated. 15 TTABVUE 1; 16 TTABVUE. The Board subsequently issued an order that vacated its orders requiring Applicant to file an appeal brief and dismissing the appeal, and reinstated and resumed the appeal. 17 TTABVUE 1. The Examining Attorney then filed her brief, and Applicant filed what purported to be the “reply” brief noted above. The case is now ready for decision. II. Analysis of the Failure-to-Function Refusal The Examining Attorney has refused registration of Applicant’s proposed mark ECOMPUBILL.COM on the ground that Applicant’s multiple specimens do not show that ECOMPUBILL.COM is being used as a mark. There is no per se prohibition on the registration of domain names as trademarks and service marks, see, e.g., U.S. Pat. & Trademark Off. v. Booking.com B.V., 591 U.S. 549, 564 (2020) (finding booking.com capable of being registered as a service mark for travel-related services), 17 November 19, 2025 Denial of Request for Reconsideration at 1-5. The Examining Attorney noted Applicant’s references to patents and copyrights during prosecution and on appeal, and reminded Applicant that he was seeking a service mark registration under the Trademark Act, not a patent or copyright registration. Id. at 2. 18 Id. at 6-14. 19 Id. at 16-25.
Serial No. 98216978 - 10 - but a domain name, like all subject matter proposed for registration, must function as a trademark or service mark to be registrable. “Consistent with trademark law’s basic purpose, the lead criterion for registration is that the mark in fact serve as a ‘trademark’ [or ‘service mark’] to identify and distinguish goods [or services].” Jack Daniel’s Props., Inc. v. VIP Prods. LLC, 599 U.S. 140, 146 (2023) (citation omitted). “In analyzing whether a proposed mark functions as a source identifier, the Board focuses on consumer perception.” In re Vox Populi Registry Ltd., 25 F.4th 1348, 1351 (Fed. Cir. 2022) (citation omitted). “The Board looks to the [Applicant’s] specimens and other evidence of record showing how the designation is actually used in the marketplace to determine how the designation would be perceived by the relevant public.” Id. (internal quotation and quotation marks omitted). Applicant argues that [t]his COMPUBILL.COM [sic] service-mark is functional, and its use has been extremely beneficial for conducting our business. Correspondence for solicitation of new business using ECOMPUBILL.COM as an email return address to the staff at CompuBill has been a boon. This service mark is used in all office correspondence whether via email or hard copy memo. 10 TTABVUE 3. According to Applicant, “ECOMPUBILL.COM clearly indicates that all electronic and internet correspondence with CompuBill is via using this service mark. This mark in [sic] clearly indicated in all CompuBill marketing material. Even USPTO is using this service mark by appending it to my name, Narender Reddy, in all electronic correspondence.” Id. at 4. The Examining Attorney responds that “the specimens which show the mark as depicted in the drawing, only show the applied-for mark used as an Internet domain
Serial No. 98216978 - 11 - name, and not as a source indicator,” and that “the mark consists only of wording coupled with a non-source-identifying generic top-level domain (gTLD) and, as used on the specimen of record, would be perceived by the relevant public as the domain name where applicant’s website would appear on the Internet, and not as a service mark for particular services.” 18 TTABVUE 3-4. She discusses each of the various specimens, id. at 4-5, and concludes that because “none of the specimens show use of the mark as anything other than an internet domain, there is no proper use of the proposed language as a service mark in commerce on the identified billing services.” Id. at 5. Applicant’s multiple specimens do not show use of the proposed mark as a service mark. Specimens 1 and 3 shown above reflect Applicant’s payment to maintain his registration of the domain name ecompubill.com, and simply confirm the proposed mark’s status as a domain name. Specimen 2 shown above consists of a list of email addresses (including Applicant’s), and simply reflects use of ecompubill.com as a domain name through which email can be sent and received. Specimen 4 shown above, which appears to be Applicant’s business card, shows Applicant’s email address, and similarly reflects use of ecompubill.com as a domain name through which Applicant can be reached by email. Specimen 5 shown in part above does not contain the proposed mark at all. Although two of the specimens display “CompuBill” or “COMPUBILL” in stylized or block lettering in the nature of a service mark, as shown in pertinent part below,
Serial No. 98216978 - 12 - “Compubill” is not the proposed applied-for mark. There is simply no evidence in Applicant’s multiple specimens or elsewhere in the record that consumers of Applicant’s services would view the proposed mark ECOMPUBILL.COM as a mark identifying the source of Applicant’s services rather than as a non-source-identifying domain name.20 See Vox Populi, 25 F.4th at 1352 (finding that substantial evidence supported the Board’s finding that “consumers will view [the standard character mark .SUCKS] as only a non-source identifying part of a domain name, rather than as a mark.”) (citation omitted). On this record, we find that Applicant’s proposed mark ECOMPUBILL.COM fails to function as a mark for the services identified in the application. III. Analysis of the Specimen Refusal “The Trademark Act ‘provides for registration of a mark based on use of the mark in commerce.’” In re Weiss, No. 88621608, 2024 WL 3617597, at *2 (TTAB 2024) (quoting In re Siny Corp., 920 F.3d 1331, 1335 (Fed. Cir. 2019)). “A service mark is 20 As discussed above, Applicant’s own description of the use of ecompubill.com as the means by which Applicant receives information confirms the use of the proposed mark merely as a domain name. 10 TTABVUE 4. Listed claims 4, 9, 15, and 21 in the “Claims Appendix” in Applicant’s brief similarly reflect Applicant’s use of ecompubill.com as the means for receiving information from clients. Id. at 6-9.
Serial No. 98216978 - 13 - ‘any word, name, symbol, or device, or any combination thereof . . . [used] to identify and distinguish the services of one person . . . from the services of others and to indicate the source of the services, even if that source is unknown.’” Id. (quoting 15 U.S.C. § 1127). “The USPTO ‘requires an applicant to submit a specimen of use ‘showing the mark as used on or in connection with the goods [or services].”’ Id. (quoting Siny Corp., 920 F.3d at 1335 (quoting In re Sones, 590 F.3d 1282, 1284 (Fed. Cir. 2009)). “The specimen of use, which is required by Section 1 of the Trademark Act and Trademark Rule 2.56, 37 C.F.R. § 2.56, must display the applied-for mark and show an association between the mark and the services.” Id. “To be acceptable, a service-mark specimen must show the mark sought to be registered used in a manner that demonstrates a direct association between the mark and the services.” Id. at *3 (quoting TRADEMARK MANUAL OF EXAMINING PROCEDURE (“TMEP”) Section 1301.04(f) (citing 37 C.F.R. § 2.56(b)(2)). Applicant argues that he “has presented evidence of use listing all CompuBill staff, clients and patients who use this service-mark and domain name in all correspondence,” and that “[e]vidence of formal registration of ECOMPUBILL.COM with internet monitoring services and protection of unauthorized use has been duly presented.” 10 TTABVUE 4. Applicant further states that “[i]t is my understanding that the internation [sic] class includes all services related to Revenue Cycle Management and patient billing” and “includes filing insurance claims electronically, using ECOMPUBLL.COM for return correspondence and further internet exchange
Serial No. 98216978 - 14 - of information and data,” and argues that the “services are clearly identified in our application and samples of such correspondence are included.” Id. The Examining Attorney summarizes Applicant’s specimens shown and discussed above, and argues that “none of these demonstrate proper specimen use on the identified services in commerce.” 18 TTABVUE 5. According to the Examining Attorney, “none of the specimens submitted show use in commerce at all, saving the business card, and instead merely repeatedly reiterate that the domain itself is owned and in use.” Id. (emphasis in bold here in italics in the Examining Attorney’s brief). Applicant’s multiple specimens do not show use of the proposed mark in connection with the services as originally identified or as purportedly amended. Specimens 1-3 do not refer to any services provided by Applicant. Specimen 4, Applicant’s business card, lists “Patient Accounts Receivable” and “Management and Billing,” which may identify services provided by Applicant, but the mark used in direct proximity to those listings is CompuBill, not ECOMPUBILL.COM. As discussed above, “ecompubill.com,” the proposed applied-for mark, appears on Applicant’s business card only as part of his email address. We have found above that such use is not use as a service mark, but even if it were, “[a] specimen that shows only the mark with no reference to, or association with, the services does not show service mark usage.” Weiss, 2024 WL 3617597, at *3 (quotation and quotation marks omitted). As noted above, Specimen 5 does not show the proposed applied-for mark at all.
Serial No. 98216978 - 15 - We find that Applicant did not provide a specimen of use that “display[s] the applied-for mark [ECOMPUBILL.COM] and show[s] an association between the mark and the services” as originally identified or as identified following Applicant’s amendment. Id. at *2. Applicant’s specimens are therefore unacceptable for purposes of complying with Section 1(a) of the Trademark Act. IV. Analysis of the Refusal Based on Applicant’s Unacceptable Amendment to the Identification of Services “Under Trademark Rule 2.71(a), 37 C.F.R. § 2.71(a), ‘[t]he applicant may amend the application to clarify or limit, but not to broaden, the identification of goods and/or services . . . .’” In re Tapio GmbH, No. 87941532, 2020 WL 6938377, at *6 (TTAB 2020) (quoting 37 C.F.R. § 2.71(a) and citing In re Jimmy Moore LLC, No. 86353015, 2016 WL 6819242, at *7 (TTAB 2016) (finding that “pitch training and educational seminars for baseball and pitching” exceeded the scope of the original identification of “entertainment in the nature of baseball games”)). “In making our determination as to whether [the amendment] language exceeds the scope of the original identification, we look to the ordinary meaning of the words.” Id. (citation omitted). Applicant originally applied to register his proposed mark for “billing.” The Examining Attorney attached to her brief definitions of “billing” from the CAMBRIDGE DICTIONARY as the “process of sending people bills asking them to pay money owed,” and from the OXFORD LEARNERS DICTIONARIES as “the act of preparing and sending bills to customers,” and requests that we take judicial notice of these definitions. 18 TTABVUE 7, 9, 14. We grant the Examining Attorney’s request, see Jimmy Moore,
Serial No. 98216978 - 16 - 2016 WL 6819242, at *4, and will use these definitions as the “ordinary meaning” of “billing.” Applicant’s purported amended identification of services is “Medical practices revenue cycle management and billing; Filing electronic claims and processing electronic reimbursements from insurance companies; Preparing and submitting electronically secure financial reports and status of patient accounts receivables.”21 Applicant argues that “[i]t is rather perplexing that the examining attorney would deem this service-mark as unacceptable for registration and copyright protection,” 10 TTABVUE 3, and, under the heading “Status of Amendments,” states that “[i]f an amendment is needed to reclassify the international class of 35, or to add additional classes please do make the necessary changes.” Id. at 5. The Examining Attorney responds that [b]illing is defined . . . as “the process of sending people bills asking them to pay money owed” and “the act of preparing and sending bills to customers.” This is an extremely limited services which, while included in some of the broader, adopted phrasing by the applicant, is a narrower form of these broader recitations. For example, management of a revenue cycle might include sending bills, but clearly implicates a broader service that would include other aspects of that cycle such as revenue reporting requirements. Similarly, claims filing, form preparation, the preparation of financial reports, etc. appear to be broader categories of financial services that at best would include the service of bill-sending within their 21 As discussed above, in purporting to amend his identification of services during prosecution, Applicant separated the proposed amended services by periods. August 8, 2024 Response to Office Action at 1. “Under standard examination practice, a semicolon is used to separate distinct categories of goods or services.’” Monster Energy Co. v. Lo, No. 91225050, 2023 WL 417620, at *7 n.35 (TTAB 2023) (quoting In re Midwest Gaming & Ent. LLC, No. 85111552, 2013 WL 1442237, at *4 (TTAB 2013) (internal citation omitted)). The proposed amended services are separated by semicolons in the pertinent TSDR records.
Serial No. 98216978 - 17 - purview, but appear to likewise again encapsulate services well beyond that scope. 18 TTABVUE 7-8 (emphasis in bold here in italics in the Examining Attorney’s brief). Applicant’s proposed amended identification of services exceeds the scope of his original identification of “billing” services. The first amended services, “Medical practices revenue cycle management and billing,” expressly add “Medical practices revenue cycle management” to the original “billing” services. The second amended services, “Filing electronic claims and processing electronic reimbursements from insurance companies,” involve activities having nothing to do with “sending people bills asking them to pay money owed” and “preparing and sending bills to customers,” because “filing electronic claims and processing electronic reimbursements from insurance companies” involve transactions with third-party insurance companies. The third amended services, “Preparing and submitting electronically secure financial reports and status of patient accounts receivables,” also involve activities beyond merely “sending people bills asking them to pay money owed” and “preparing and sending bills to customers.” “Accordingly, we affirm the Examining Attorney's decision, pursuant to Trademark Rule 2.71(a), not to allow . . . Applicant’s proposed amendments to the identification of services on the basis that they would broaden the identification of services.” Jimmy Moore, 2016 WL 6819242, at *9. Decision: The failure-to-function, specimen, and identification-based refusals to register are all affirmed.
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