| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/30/2011) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 76572887 |
| LAW OFFICE ASSIGNED | LAW OFFICE 112 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
Amendment to identification of goods:
Electronic and optical communications devices, namely, transceivers, transmitters, receivers and sensors, all for use in connection with door and gate locks and openers, security and alarm systems, and lighting systems; garage door opener, door and gate opener,
door and gate locks, electromagnetic door and gate locks; security and alarm systems, namely, electronic security monitoring control panels, transmitters, receivers, transceivers, security sensors,
automatic dialers, remote controller for garage doors
Argument:
The Office Action dated January 13, 2011 has been received and considered. In that Action, the Examining Attorney maintained his refusal to register applicant’s SKY LINK (and design) mark on the grounds that Applicant’s mark is likely to be confused with existing federal Registration No. 2,179,285 for the mark SKYLINX covering “telecommunications system consisting of one or more earth stations capable of transmitting signals to and from satellites and other earth stations and computer programs which operate and control the system as a whole” and No. 3,779,511 for the mark SKYLINK DIRECT covering “an electronic interface for a one-way satellite radio receiver, namely, a portable docking holder that is configured to dock a portable consumer satellite audio programming radio receiver, said docking holder to receive and hold said portable consumer satellite audio programming radio receiver and electronically connect it serially or by radio transmission to a consumer car audio radio tuner for playing said consumer satellite audio programming on said tuner, and excluding two-way satellite communications.”
In Applicant’s response to the first PTO Office Action, Applicant pointed out that it already owned two existing federal registrations (Nos. 2,472,617 and 2,885,793) for the mark SKYLINK; (2) that its current mark SKY LINK (and design) is different from the cited SKYLINX and SKYLINK DIRECT marks; (3) that the SKY LINK (and design) mark had coexisted with the cited marks for many years; and (4) that the goods covered by its SKY LINK (and design) mark are very different from the goods covered by the cited marks. In response, the Examining Attorney indicated that Applicant’s goods are written broadly and therefore, could include the goods covered by the cited marks.
Consequently, Applicant has now amended the goods covered by its SKY LINK (and design) application to specify that the goods are for use with door and gate locks and openers, security and alarm systems, and lighting systems. With this amendment, Applicant respectfully submits that confusion is not likely between the simultaneous use of the cited marks and Applicant’s SKY LINK (and design) mark because (amongst other things) the goods covered by each are entirely different, travel in different channels of trade, and are targeted at different purchasers.
Based on the foregoing, Applicant requests that the refusal to register its mark SKY LINK (and design) mark be withdrawn and that its mark be approved for publication.
|
|
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Kimberley G. Nobles/ |
| SIGNATORY'S NAME | Kimberley G. Nobles |
| SIGNATORY'S POSITION | Kimberley G. Nobles, California Bar Member |
| DATE SIGNED | 02/10/2011 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Thu Feb 10 15:45:27 EST 2011 |
| TEAS STAMP | USPTO/ROA-XXX.XX.X.XXX-20 110210154527740227-765728 87-480e3ab3d83496ddb5351c b66725dd84cd-N/A-N/A-2011 0210151911988061 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/30/2011) |
Amendment to identification of goods:
Electronic and optical communications devices, namely, transceivers, transmitters, receivers and sensors, all for use in connection with door and gate locks and openers, security and alarm systems, and lighting systems; garage door opener, door and gate opener,
door and gate locks, electromagnetic door and gate locks; security and alarm systems, namely, electronic security monitoring control panels, transmitters, receivers, transceivers, security sensors,
automatic dialers, remote controller for garage doors,; remote controlled automatic dialers, automatic voice message hardware and automatic telephone conferencing hardware all for use in connection with door and gate locks and openers, security and alarm systems, and lighting systems.
Argument:
The Office Action dated January 13, 2011 has been received and considered. In that Action, the Examining Attorney maintained his refusal to register applicant’s SKY LINK (and design) mark on the grounds that Applicant’s mark is likely to be confused with existing federal Registration No. 2,179,285 for the mark SKYLINX covering “telecommunications system consisting of one or more earth stations capable of transmitting signals to and from satellites and other earth stations and computer programs which operate and control the system as a whole” and No. 3,779,511 for the mark SKYLINK DIRECT covering “an electronic interface for a one-way satellite radio receiver, namely, a portable docking holder that is configured to dock a portable consumer satellite audio programming radio receiver, said docking holder to receive and hold said portable consumer satellite audio programming radio receiver and electronically connect it serially or by radio transmission to a consumer car audio radio tuner for playing said consumer satellite audio programming on said tuner, and excluding two-way satellite communications.”
In Applicant’s response to the first PTO Office Action, Applicant pointed out that it already owned two existing federal registrations (Nos. 2,472,617 and 2,885,793) for the mark SKYLINK; (2) that its current mark SKY LINK (and design) is different from the cited SKYLINX and SKYLINK DIRECT marks; (3) that the SKY LINK (and design) mark had coexisted with the cited marks for many years; and (4) that the goods covered by its SKY LINK (and design) mark are very different from the goods covered by the cited marks. In response, the Examining Attorney indicated that Applicant’s goods are written broadly and therefore, could include the goods covered by the cited marks.
Consequently, Applicant has now amended the goods covered by its SKY LINK (and design) application to specify that the goods are for use with door and gate locks and openers, security and alarm systems, and lighting systems. With this amendment, Applicant respectfully submits that confusion is not likely between the simultaneous use of the cited marks and Applicant’s SKY LINK (and design) mark because (amongst other things) the goods covered by each are entirely different, travel in different channels of trade, and are targeted at different purchasers.
Based on the foregoing, Applicant requests that the refusal to register its mark SKY LINK (and design) mark be withdrawn and that its mark be approved for publication.