USPTO Trademarks WordandImage Searching RFI_Clean 11.26.25.pdf

United States Trademarks Word and Image Searching Patent and Trademark Office Request For Information

U.S. PATENT & TRADEMARK OFFICE

TRADEMARK, FINANCIAL & ENTERPRISE BUSINESS SERVICES DIVISION

REQUEST FOR INFORMATION (RFI)

TRADEMARKS WORD AND IMAGE SEARCHING

I. Introduction The purpose of this RFI is to assist the government in conducting market research. This information will be used for market research only. The government is not obligated to release a future solicitation.

II. Background The United States Patent and Trademark Office (USPTO) is the Federal Agency for granting U.S. patents and registering trademarks. By granting patents, the USPTO fulfills the mandate of Article I, Section 8, Clause 8, of the Constitution that the legislative branch "promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." The USPTO registers trademarks based on the commerce clause of the Constitution (Article I, Section 8, Clause 3). The USPTO carries out its mission by examining patent and trademark applications, issuing patents and registering trademarks, disseminating patent and trademark information to the public, and by encouraging a domestic and international climate in which intellectual property can flourish.

The USPTO is guided by the Trademark Act of the United States Code (15 U.S.C. §1052) which states in relevant part that: “No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it . . . (d) Consists of or comprises a mark which so resembles a mark registered in the Patent and Trademark Office, or a mark or trade name previously used in the United States by another and not abandoned, as to be likely, when used on or in connection with the goods of the applicant, to cause confusion, or to cause mistake, or to deceive…”

Applicants have a duty under this to file applications that will not result in a likelihood of confusion with earlier effectively filed or registered marks and thus often utilize the USPTO’s online trademark search system which consists of all pending and registered trademarks to ‘clear’ marks and make sure that they will not cause a likelihood of confusion. Examining attorneys are charged with searching the same database to determine any likelihood of confusion for each application.

Trademark applications can seek registration for a variety of types of trademarks, including those that consist in whole or in part of pictorial elements. These are difficult to search effectively and efficiently in that each recognizable element must be coded using the USPTO’s Design Code Manual, which assigns a series of two-to-six-digit codes for each such element. Effective searching thus requires mastering the use of the design code field of the search system, which is difficult and time-consuming to learn properly.

Additionally, marks that contain non-Latin characters (all of which are treated as pictorial elements) are unnecessarily time-consuming to search because they are all currently coded under a single design code (28.01.03), regardless of whether they feature Arabic, Chinese, Korean, or Japanese characters, and regardless of their meaning.

Offering both external customers, and potentially later, examining attorneys, a service whereby a variety of artificial intelligence (AI)/machine learning (ML) models can compare words and images against those that exist in the USPTO’s database of all pending and registered trademarks and return the most relevant results.

Quality and thorough word and image searches will provide applicants with feedback pertaining to the uniqueness of their possible mark ahead of filing, which is expected to increase the quality of applications and decrease the number of “likelihood of confusion” refusals issued by examining attorneys.

III. Functional Areas The vendor must provide the USPTO a Federal Risk and Authorization Management Program (FedRAMP) certified Software as a Service (SaaS) Artificial Intelligence/Machine Learning (AI/ML) driven word and image search tool that is scalable. The vendor will operate and maintain the information technology infrastructure necessary to meet security, performance, and compliance, and provide documentation to support training of USPTO users as set forth herein. The vendor must also provide usage data and metrics to the USPTO.

Note: The USPTO is only accepting submissions from vendors that are currently FedRAMP certified. If a vendor does not have a FedRAMP certification, they are not eligible to participate in this RFI. Vendors must submit their FedRAMP certification with their response.

IV. Questionnaires Questionnaire responses must be included in your RFI response and submitted electronically by email to both Alan Elder and Sean Dalenberg at Alan.Elder@uspto.gov and Sean.Dalenberg@uspto.gov. All questionnaire responses must be in dark font with no less than 10-point font size for legibility. Complete the following questionnaire to provide the requested information as outlined below, with no substitutions, additions, or deletions.

Questions in response to the RFI are due by 12 Noon EST on December 3, 2025. All vendor responses and RFI submissions are due by 12 Noon EST on December 15, 2025. All questions and submissions must be submitted electronically to both Alan Elder and Sean Dalenberg at Alan.Elder@uspto.gov and Sean.Dalenberg@uspto.gov.

a. Table 1: Corporate Overview (No longer than five pages in length)

i. Name of company

ii. Brief description of your company

iii. Name of business unit responding to the RFI (if applicable)

iv. Business size and size standard/applicable North American Industry Classification

System (NAICS) codes

v. Dun & Bradstreet Data Universal Numbering System number mailto:Alan.Elder@uspto.gov mailto:Sean.Dalenberg@uspto.gov mailto:Alan.Elder@uspto.gov

vi. Website address

vii. Applicable certifications and authorizations, such as Federal Information Security

Management Act (FISMA) compliance and FedRAMP authorization for cloud service providers

viii. Commercial and government markets for which your company provides a SaaS AI/ML driven word and image search tool

ix. Federal government contract vehicles, if any, under which your company’s SaaS AI/ML driven word and image search tool can be acquired

x. Is your company considered a small business under NAICS code 519290? (Yes/No)

xi. Type of small business, if applicable (e.g., Woman-Owned, Service-Disabled Veteran

Owned, 8(a), HUBZone, etc.)

xii. Do you have a cost accounting system deemed adequate by a cognizant audit agency?

(e.g., DCAA)

xiii. Do you have an approved purchasing system?

xiv. Company point of contact (Name, position, phone number, and email address)

b. Table 2: Prior and Current Corporate Experience (No longer than three pages in length per example)

i. Provide a brief description of your company’s experience providing the same or substantially similar services and/or product solutions to both commercial and government organizations

1. Submit names of no more than three references

2. Date of service

3. Dollar value

4. Contractor performance assessment ratings, if applicable

ii. Responses should include references of similar size, complexity, and scope. Information should be pertinent and specific.

iii. All corporate experience must be performed by the respondent as a prime contractor. Please confirm that your company served as the prime contractor for each reference.

c. Table 3: Corporate Capabilities and Approaches (No longer than eight pages in length)

i. Describe the services and/or product solution(s) for the areas described in section 3.3.3 (Imaging requirements), section 3.6 (SaaS Availability, Responsiveness, and Incident Service Level Agreements), and section 5 (Training) of the attached Statement of Work.

The responses must include an overall description of the proposed services and/or solution(s) and provide technical data and a demonstrated ability for those areas identified.

ii. What is your ability to use existing assets or procure, customize/configure, maintain, and/or provide technical support for the resources needed for the proposed services and/or product(s)?

iii. Describe technical benefits of your proposed services and/or product solution(s) in terms of:

1. Existing technologies or resources

2. Improvements/enhancements

3. Cost efficiencies of your specific approach

4. Any other support capabilities that provide service and/or product excellence or uniqueness

iv. What is your approach for transitioning your services to a new customer?

v. How do you typically integrate your systems with a customer’s infrastructure, back-end systems, and website?

vi. What solution model (e.g., on-premise, cloud, etc.) would you recommend for the USPTO?

vii. Describe options that your company can implement to set up an environment (sandbox) to demonstrate your product and allow USPTO staff to perform a hands-on evaluation of your product

viii. Provide a Voluntary Accessibility Product Template (VPAT)

d. Table 4: Cost (No longer than two pages in length) i.

ii. What information would you need from the USPTO in order to provide a priced solution?

iii. Which contract type does your company recommend for this requirement?

1. Time-and-Materials (T&M)

2. Labor-Hour (LH)

3. Firm-Fixed-Price (FFP)

4. Cost-Plus-Fixed-Fee (CPFF)

5. Cost-Plus-Incentive-Fee (CPIF)

6. Fixed-Price Incentive Firm Target (FPIF)

7. Other

iv. Describe what pricing units you typically utilize for similar services (e.g., per hour, each, etc.)

V. Disclaimer This RFI is issued solely for informational, market research, and planning purposes only. It does not constitute a solicitation or a promise to issue a solicitation in the future. This RFI does not commit the government to contract for any supply or service whatsoever. Please be advised that all submissions become government property and will not be returned. The USPTO will not provide reimbursement for costs incurred in responding to this RFI. Respondents are advised that the USPTO is under no obligation to acknowledge receipt of the information received or provide feedback to respondents with respect to any information submitted under this RFI. Information in responses will be held confidential to the extent permitted under applicable laws and regulations.

VI. Patent and Trademark Office Acquisition Guidelines (PTAG) 6.1.1 Alternative Competition.

The government contemplates utilizing the Alternative Competition Method in accordance with the PTAG and the Patent and Trademark Office Efficiency Act, 35 U.S.C. 2(b)(4)(A). This RFI is intended as preliminary market information gathering which the USPTO will use to determine which vendor(s) is/are the most likely to successfully meet the agency’s needs and are thereby eligible to participate in an alternative competition. After conducting market research, the contracting officer and contracting officer’s representative will use their technical expertise and understanding of the marketplace to determine which vendor(s) is/are most likely to successfully meet the agency’s needs and are thereby eligible to participate in an alternative competition. As a result of this market research, the solicitation will only be issued to the limited number of qualified vendor(s).

This RFI is not a request for competitive proposals.

The government will not utilize formal evaluation criteria for market research associated with PTAG 6.1.1. The government will review RFI responses to determine which vendor(s) are most likely to successfully meet the agency’s requirements for Trademarks Word and Image Searching.