| Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1960 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 09/20/2020) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 87463881 |
| LAW OFFICE ASSIGNED | LAW OFFICE 113 |
| MARK SECTION | |
| MARK | http://uspto.report/TM/87463881/mark.png |
| LITERAL ELEMENT | AXIS |
| STANDARD CHARACTERS | YES |
| USPTO-GENERATED IMAGE | YES |
| MARK STATEMENT | The mark consists of standard characters, without claim to any particular font style, size or color. |
| ARGUMENT(S) | |
|
The office action states that the Likelihood of Confusion. Applicant response is as follows, The applicant mark “AXIS” is not Likelihood of Confusion with respect to U.S. Registration Nos. 3690711, 4824252, 4953695, 4953696 and 5178870 since U.S.registration Nos. 3690711, 4953695, 4953696 and 5178870 is dissimilar in Goods and class of applicant mark AXIS and U.S.registration No.4824252 is dissimilar in Goods of applicant mark AXIS. 1) The mark AXIS lite (U.S. Registration No. 4953695) is confusingly similar with the mark AXIS pro (U.S. Registration No.4953696) are same goods “Trade order management software, namely, electronic trading software, software for providing electronic connectivity to financial exchanges and markets; computer software for use in connection with securities trading,” in same class 9. The goods of mark AXIS lite and AXIS pro is related to Software (trading software, software for financial exchanges and markets connectivity). The term PRO is commonly used to identify software and the term LITE would be viewed as suggesting a version of software and therefore the term LITE and PRO is related to software. The goods of applicant mark “AXIS” is “telecommunication services providing access to electronic trading platforms, electronic marketplaces and electronic financial and crossing exchanges” is not related to the goods of prior cited mark AXIS LITE and AXIS PRO is “software” (trading software, software for financial exchanges and markets connectivity). The goods of applicant mark AXIS is “Services” which is not related to the goods of prior cited mark AXIS LITE and AXIS PRO is “Software”. USPTO have issued registration for the mark AXIS lite with U.S. Registration No. 4953695 and the mark AXIS pro with Registration No.4953696 and therefore the mark AXIS lite is not Likelihood of Confusion with the mark AXIS pro. Therefore the applicant mark AXIS in class 38 is dissimilar with the prior cited mark AXIS LITE and AXIS PRO in class 9. It is crystal clear that the goods of the applicant and registrant are not closely related and therefore the applicant mark AXIS is not Likelihood of Confusion with the prior cited mark AXIS LITE and AXIS PRO. 2) The goods of cited mark AXIS (U.S. Registration No. 3690711) is “Providing a website featuring financial reports, growth and future analytics for real estate investment management,” in Class 36. The goods of applicant mark AXIS is “telecommunication services providing access to information on financial products, financial information, services and transactions”. The goods of applicant mark AXIS is “telecommunication services providing access to financial information, services and transactions is related to money”. The goods of applicant mark AXIS with wording financial transactions clearly shows that services and transactions of money. The goods of applicant mark AXIS is “telecommunication services providing access to financial information, services and transactions is not related to real estate investment management”. The goods of cited mark AXIS (U.S. Registration No. 3690711) is “financial reports for real estate investment management”. But the goods of applicant mark AXIS is “telecommunication services providing access to financial transactions of money”. It is crystal clear that the goods of the applicant and registrant are not closely related and therefore the applicant mark AXIS is not Likelihood of Confusion with the prior cited mark AXIS (U.S. Registration No. 3690711). 3) The goods of cited mark AXIS (U.S. Registration No. 5178870) is “Downloadable computer software in the field of actuarial modeling systems that allows users to conduct actuarial modeling to model financial risk, make financial projections, manage financial and operational risk, and create product pricing for the insurance and financial services industry”. The goods of applicant mark AXIS is “telecommunication services providing access to financial information, services and transactions”. The goods of prior cited mark AXIS (U.S. Registration No. 5178870) is related to Software (Downloadable computer software for financial risk, product pricing for the insurance and financial industry). The goods of applicant mark AXIS is “Services” (telecommunication services providing access to financial information, services and transactions) is not related to the goods of prior cited mark AXIS (U.S. Registration No. 5178870) is “Software” (Downloadable computer software for financial risk, product pricing for the insurance and financial industry). It is crystal clear that the goods of the applicant and registrant are not closely related and therefore the applicant mark AXIS is not Likelihood of Confusion with the prior cited mark AXIS (U.S. Registration No. 5178870). 4) The goods of cited mark AXIS (U.S. Registration No. 4824252) is “Telecommunication gateway services; communication by electronic computer terminals; electric and digital transmission of data, signals and images; computer aided and electronic transmission of images, voice and data; providing voice communication services over the Internet; providing access to computer databases; rental of access time to global computer networks; none of the aforementioned services in relation to management information systems such as supplier relationship management, business intelligence, logistics, material management, business process reengineering and management, to automatic data integration or exchange of business-process data, to music production, musical composition, and production, to musical instruments, to scales, to accounting and financial information systems and software,”. The goods of applicant mark AXIS is “web-based electronic mail services, namely, electronic transmission of email, email forwarding; instant messaging services, namely, electronic message sending, electronic messaging; providing telecommunication connections to the internet or database; providing telecommunications access to electronic trading platforms, electronic marketplaces and electronic financial and crossing exchanges; telecommunication services providing access to information on financial products, financial information, services and transactions; providing user access to global computer networks related with games and jobs; providing internet chat rooms; electronic data transmission services; communications by mobile phones; television broadcasting; communications by computer terminals and fiber optic networks; providing telecommunications connections to a global computer network; providing user access to global computer networks; e-mail services, namely, electronic transmission of email, email forwarding; fax and email services, namely, broadcast communication services, namely, transmitting e-mails and faxes to designated recipients for others; electronic transmission of messages and images, namely, message and image sending and receipt; electronic mail services, namely, electronic transmission of mail; providing access to computer database on the global computer network for searching and retrieving information, data, web sites available on computer networks; spam message blocking services”. The goods of applicant mark AXIS is not related to the goods of prior cited mark AXIS (U.S. Registration No. 4824252) is management information systems such as supplier relationship management, business intelligence, logistics, material management, business process reengineering and management, to automatic data integration or exchange of business-process data, to music production, musical composition, and production, to musical instruments, to scales, to accounting and financial information software. The goods of cited mark AXIS (U.S. Registration No. 4824252) is “Telecommunication gateway services” is “networking hardware” is not related to include the applicant’s “providing telecommunication connections to the internet or database; providing user access to global computer networks related with games and jobs; providing telecommunications connections to a global computer network; providing user access to global computer networks; providing access to computer database on the global computer network for searching and retrieving information, data, web sites available on computer networks”. The applicant’s other services are not related to the registrant’s services because providers of telecommunications access services are not commonly provide the other services in the applicant’s identification. The goods of cited mark AXIS (U.S. Registration No. 4824252) is “rental of access time to global computer networks” is not closely related to the goods of applicant mark AXIS since the wording “Rental” is not mentioned in the goods of applicant mark AXIS. The goods of cited mark AXIS (U.S. Registration No. 4824252) is “providing access to computer databases” only but the wording “networks related with games and jobs” and “network for searching and retrieving information, data, web sites available on computer networks” is not mentioned in the goods of cited mark AXIS (U.S. Registration No. 4824252). The goods of applicant mark AXIS is “providing user access to global computer networks related with games and jobs, providing access to computer database on the global computer network for searching and retrieving information, data, web sites available on computer networks” is not related to the goods of cited mark AXIS (U.S. Registration No. 4824252). The goods of applicant mark AXIS with wording “Email and Fax services, chat rooms, television broadcasting, mobile phone, spam message blocking services” is not mentioned in the goods of cited mark AXIS (U.S. Registration No. 4824252). It is crystal clear that the goods of the applicant and registrant are not closely related and therefore the applicant mark AXIS is not Likelihood of Confusion with the prior cited mark AXIS (U.S. Registration No. 4824252). 5) The Internet evidence provides the marks VERIZON, XFINITY and AT&T is not related to the applicant mark “AXIS”. The marks VERIZON, XFINITY and AT&T is dissimilar to the applicant mark “AXIS”. The Internet evidence provides the three marks VERIZON, XFINITY and AT&T are similar goods. The Internet evidence provides the marks VERIZON, XFINITY and AT&T are dissimilar marks. The marks VERIZON, XFINITY and AT&T is dissimilar to the applicant mark “AXIS”. When comparing marks for the purposes of a likelihood of confusion, the trademark examining attorney have cited the registered marks, Registration No. 3690711, 4824252, 4953695, 4953696 and 5178870 is not similar to applicant mark AXIS. Therefore the Registration No. 3690711, 4824252, 4953695, 4953696 and 5178870 is not Likelihood of Confusion to applicant mark AXIS. Suppose the examining attorney may not consider the applicant arguments mentioned in above five points, then the examining attorney may accept the following partial goods services of the applicant mark AXIS is submitted by the applicant, “web-based electronic mail services, namely, electronic transmission of email, email forwarding; instant messaging services, namely, electronic message sending, electronic messaging; telecommunication services providing access to financial transactions; providing internet chat rooms; communications by mobile phones; television broadcasting; e-mail services, namely, electronic transmission of email, email forwarding; fax and email services, namely, broadcast communication services, namely, transmitting e-mails and faxes to designated recipients for others; electronic mail services, namely, electronic transmission of mail; spam message blocking services”. Applicant respectfully requests the trademark examining attorney may consider the applicant arguments or may accept the partial goods services of the applicant mark AXIS is submitted by the applicant. |
|
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /S.RAMKUMAR/ |
| SIGNATORY'S NAME | Somasundaram Ramkumar |
| SIGNATORY'S POSITION | Owner |
| SIGNATORY'S PHONE NUMBER | +91-452-2536655 |
| DATE SIGNED | 09/03/2018 |
| AUTHORIZED SIGNATORY | YES |
| CONCURRENT APPEAL NOTICE FILED | NO |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Mon Sep 03 18:07:28 EDT 2018 |
| TEAS STAMP | USPTO/RFR-XX.XX.XX.XXX-20 180903180728318245-874638 81-610463c9dac4d33ac59daf 83a3527c9dba27627fa7cca24 e59a995b823f9c5f32-N/A-N/ A-20180903174830371466 |
| Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1960 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 09/20/2020) |
The office action states that the Likelihood of Confusion.
Applicant response is as follows,
The applicant mark “AXIS” is not Likelihood of Confusion with respect to U.S. Registration Nos. 3690711, 4824252, 4953695, 4953696 and 5178870 since U.S.registration Nos. 3690711, 4953695, 4953696 and 5178870 is dissimilar in Goods and class of applicant mark AXIS and U.S.registration No.4824252 is dissimilar in Goods of applicant mark AXIS.
1) The mark AXIS lite (U.S. Registration No. 4953695) is confusingly similar with the mark AXIS pro (U.S. Registration No.4953696) are same goods “Trade order management software, namely, electronic trading software, software for providing electronic connectivity to financial exchanges and markets; computer software for use in connection with securities trading,” in same class 9. The goods of mark AXIS lite and AXIS pro is related to Software (trading software, software for financial exchanges and markets connectivity). The term PRO is commonly used to identify software and the term LITE would be viewed as suggesting a version of software and therefore the term LITE and PRO is related to software. The goods of applicant mark “AXIS” is “telecommunication services providing access to electronic trading platforms, electronic marketplaces and electronic financial and crossing exchanges” is not related to the goods of prior cited mark AXIS LITE and AXIS PRO is “software” (trading software, software for financial exchanges and markets connectivity). The goods of applicant mark AXIS is “Services” which is not related to the goods of prior cited mark AXIS LITE and AXIS PRO is “Software”. USPTO have issued registration for the mark AXIS lite with U.S. Registration No. 4953695 and the mark AXIS pro with Registration No.4953696 and therefore the mark AXIS lite is not Likelihood of Confusion with the mark AXIS pro. Therefore the applicant mark AXIS in class 38 is dissimilar with the prior cited mark AXIS LITE and AXIS PRO in class 9. It is crystal clear that the goods of the applicant and registrant are not closely related and therefore the applicant mark AXIS is not Likelihood of Confusion with the prior cited mark AXIS LITE and AXIS PRO.
2) The goods of cited mark AXIS (U.S. Registration No. 3690711) is “Providing a website featuring financial reports, growth and future analytics for real estate investment management,” in Class 36. The goods of applicant mark AXIS is “telecommunication services providing access to information on financial products, financial information, services and transactions”. The goods of applicant mark AXIS is “telecommunication services providing access to financial information, services and transactions is related to money”. The goods of applicant mark AXIS with wording financial transactions clearly shows that services and transactions of money. The goods of applicant mark AXIS is “telecommunication services providing access to financial information, services and transactions is not related to real estate investment management”. The goods of cited mark AXIS (U.S. Registration No. 3690711) is “financial reports for real estate investment management”. But the goods of applicant mark AXIS is “telecommunication services providing access to financial transactions of money”. It is crystal clear that the goods of the applicant and registrant are not closely related and therefore the applicant mark AXIS is not Likelihood of Confusion with the prior cited mark AXIS (U.S. Registration No. 3690711).
3) The goods of cited mark AXIS (U.S. Registration No. 5178870) is “Downloadable computer software in the field of actuarial modeling systems that allows users to conduct actuarial modeling to model financial risk, make financial projections, manage financial and operational risk, and create product pricing for the insurance and financial services industry”. The goods of applicant mark AXIS is “telecommunication services providing access to financial information, services and transactions”. The goods of prior cited mark AXIS (U.S. Registration No. 5178870) is related to Software (Downloadable computer software for financial risk, product pricing for the insurance and financial industry). The goods of applicant mark AXIS is “Services” (telecommunication services providing access to financial information, services and transactions) is not related to the goods of prior cited mark AXIS (U.S. Registration No. 5178870) is “Software” (Downloadable computer software for financial risk, product pricing for the insurance and financial industry). It is crystal clear that the goods of the applicant and registrant are not closely related and therefore the applicant mark AXIS is not Likelihood of Confusion with the prior cited mark AXIS (U.S. Registration No. 5178870).
4) The goods of cited mark AXIS (U.S. Registration No. 4824252) is “Telecommunication gateway services; communication by electronic computer terminals; electric and digital transmission of data, signals and images; computer aided and electronic transmission of images, voice and data; providing voice communication services over the Internet; providing access to computer databases; rental of access time to global computer networks; none of the aforementioned services in relation to management information systems such as supplier relationship management, business intelligence, logistics, material management, business process reengineering and management, to automatic data integration or exchange of business-process data, to music production, musical composition, and production, to musical instruments, to scales, to accounting and financial information systems and software,”. The goods of applicant mark AXIS is “web-based electronic mail services, namely, electronic transmission of email, email forwarding; instant messaging services, namely, electronic message sending, electronic messaging; providing telecommunication connections to the internet or database; providing telecommunications access to electronic trading platforms, electronic marketplaces and electronic financial and crossing exchanges; telecommunication services providing access to information on financial products, financial information, services and transactions; providing user access to global computer networks related with games and jobs; providing internet chat rooms; electronic data transmission services; communications by mobile phones; television broadcasting; communications by computer terminals and fiber optic networks; providing telecommunications connections to a global computer network; providing user access to global computer networks; e-mail services, namely, electronic transmission of email, email forwarding; fax and email services, namely, broadcast communication services, namely, transmitting e-mails and faxes to designated recipients for others; electronic transmission of messages and images, namely, message and image sending and receipt; electronic mail services, namely, electronic transmission of mail; providing access to computer database on the global computer network for searching and retrieving information, data, web sites available on computer networks; spam message blocking services”. The goods of applicant mark AXIS is not related to the goods of prior cited mark AXIS (U.S. Registration No. 4824252) is management information systems such as supplier relationship management, business intelligence, logistics, material management, business process reengineering and management, to automatic data integration or exchange of business-process data, to music production, musical composition, and production, to musical instruments, to scales, to accounting and financial information software. The goods of cited mark AXIS (U.S. Registration No. 4824252) is “Telecommunication gateway services” is “networking hardware” is not related to include the applicant’s “providing telecommunication connections to the internet or database; providing user access to global computer networks related with games and jobs; providing telecommunications connections to a global computer network; providing user access to global computer networks; providing access to computer database on the global computer network for searching and retrieving information, data, web sites available on computer networks”. The applicant’s other services are not related to the registrant’s services because providers of telecommunications access services are not commonly provide the other services in the applicant’s identification. The goods of cited mark AXIS (U.S. Registration No. 4824252) is “rental of access time to global computer networks” is not closely related to the goods of applicant mark AXIS since the wording “Rental” is not mentioned in the goods of applicant mark AXIS. The goods of cited mark AXIS (U.S. Registration No. 4824252) is “providing access to computer databases” only but the wording “networks related with games and jobs” and “network for searching and retrieving information, data, web sites available on computer networks” is not mentioned in the goods of cited mark AXIS (U.S. Registration No. 4824252). The goods of applicant mark AXIS is “providing user access to global computer networks related with games and jobs, providing access to computer database on the global computer network for searching and retrieving information, data, web sites available on computer networks” is not related to the goods of cited mark AXIS (U.S. Registration No. 4824252). The goods of applicant mark AXIS with wording “Email and Fax services, chat rooms, television broadcasting, mobile phone, spam message blocking services” is not mentioned in the goods of cited mark AXIS (U.S. Registration No. 4824252). It is crystal clear that the goods of the applicant and registrant are not closely related and therefore the applicant mark AXIS is not Likelihood of Confusion with the prior cited mark AXIS (U.S. Registration No. 4824252).
5) The Internet evidence provides the marks VERIZON, XFINITY and AT&T is not related to the applicant mark “AXIS”. The marks VERIZON, XFINITY and AT&T is dissimilar to the applicant mark “AXIS”. The Internet evidence provides the three marks VERIZON, XFINITY and AT&T are similar goods. The Internet evidence provides the marks VERIZON, XFINITY and AT&T are dissimilar marks. The marks VERIZON, XFINITY and AT&T is dissimilar to the applicant mark “AXIS”.
When comparing marks for the purposes of a likelihood of confusion, the trademark examining attorney have cited the registered marks, Registration No. 3690711, 4824252, 4953695, 4953696 and 5178870 is not similar to applicant mark AXIS. Therefore the Registration No. 3690711, 4824252, 4953695, 4953696 and 5178870 is not Likelihood of Confusion to applicant mark AXIS.
Suppose the examining attorney may not consider the applicant arguments mentioned in above five points, then the examining attorney may accept the following partial goods services of the applicant mark AXIS is submitted by the applicant,
“web-based electronic mail services, namely, electronic transmission of email, email forwarding; instant messaging services, namely, electronic message sending, electronic messaging; telecommunication services providing access to financial transactions; providing internet chat rooms; communications by mobile phones; television broadcasting; e-mail services, namely, electronic transmission of email, email forwarding; fax and email services, namely, broadcast communication services, namely, transmitting e-mails and faxes to designated recipients for others; electronic mail services, namely, electronic transmission of mail; spam message blocking services”.
Applicant respectfully requests the trademark examining attorney may consider the applicant arguments or may accept the partial goods services of the applicant mark AXIS is submitted by the applicant.