Response to Office Action

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 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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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 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88000369 LINX(Standard Characters, see http://uspto.report/TM/88000369/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The examining attorney refused registration of the applied-for mark because of the likelihood of confusion to the marks U.S. Registration Nos. 2203514 (" '514") and 2463067 (" '067"). By this response Applicant has amended the services to more particularly define the services to read, "Real estate consulting services; Real estate services, namely, rental property management services; Real estate services, namely, services for the buying and selling of residential and commercial real estate, namely, real estate acquisition services and real estate sale services," while changing the international class code from 037 to 036 as suggested by the Examiner. Without admission that the previous services with regard to the LINX mark would likely cause confusion, Applicants assert that the amended services do not cause confusion with regard to the LINX mark, according to the factors listed in In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 177 USPQ 563 (C.C.P.A. 1973). Those factors to consider in this case include the following: 1) Without admission that the marks are phonetically similar, the marks are distinguishable in their appearance. First the LINX mark is a made up word. The mark is easily distinguishable and different from the referenced marks. For example, the LYNKS mark includes a "Y" and an "S" at the end of the word which is significantly different in its appearance and spelling. Similarly the LINKS mark properly spells its mark and does not utilize an "X" to distinguish it like Applicant's mark shows. Use of the "K" and the "S" are dissimilar in appearance so as not to cause confusion even if the goods may be closely related. 2) The sophistication of the buyers and the condition on which such services are utilized would lead to a consumer not being confused as well. In the goods and services of real estate an impulse purchase is rare and a buyer would know and understand which company the consumer is working with. This sophistication of the purchaser of the services in combination with the different appearance of the marks would not likely lead to confusion. 3) The use of the work "LINK" in the real estate and real property industry is crowded. By Examiner's own admission, there are two marks, one for LYNXS, and one for LINKS, both phonetically similar in sound, and more so in appearance than Applicant's mark, in the field of "real estate" and yet each mark was registered. Attached as evidence are at least 11 other registrations utilizing the work "LINK" in connection with "property," "real estate," and/or "real property." Since there are such a large number of other registrations this shows that the likelihood of confusion is unlikely. 4) Additionally there is no evidence of actual confusion between the '514 mark and the '067 or for any of the other "LINK" marks submitted herewith. Furthermore there is no evidence of confusion of Applicant's mark against the cited marks either. When all of the factors above are taken as a whole, Applicants respectfully submit that a likelihood of confusion does not exist. For at least these reasons provided herein, Applicants respectfully assert that LINX should be allowed.

EVIDENCE
Evidence in the nature of Registration certificates of other marks utilizing the work LINK or LINKS. has been attached.
Original PDF file:
evi_16222332114-20190104150833375175_._74690011.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_16222332114-20190104150833375175_._75751930.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_16222332114-20190104150833375175_._76065197.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_16222332114-20190104150833375175_._76682674.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_16222332114-20190104150833375175_._78952757.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_16222332114-20190104150833375175_._85452620.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Original PDF file:
evi_16222332114-20190104150833375175_._85871426.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_16222332114-20190104150833375175_._86748296.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Original PDF file:
evi_16222332114-20190104150833375175_._87171051.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_16222332114-20190104150833375175_._87171057.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_16222332114-20190104150833375175_._87171059.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 037 for Real Estate services, namely, real estate development services, land development services, real estate consulting services, services for the buying and selling of residential and commercial real estate; property management services

Applicant hereby adds the following class of goods/services to the application:
New: Class 036 (Original Class: 037 ) for Real estate consulting services; Real estate services, namely, rental property management services; Real estate services, namely, services for the buying and selling of residential and commercial real estate, namely, real estate acquisition services and real estate sale services
Filing Basis: Section 1(a), Use in Commerce: The mark was first used at least as early as 01/01/2018 and first used in commerce at least as early as 01/01/2018 , and is now in use in such commerce.

ADDITIONAL STATEMENTS
Miscellaneous Statement
The classification code has been changed from Class 37 to Class 36 and the services amended in accordance with Examining Attorney's suggestion for class 36.


SIGNATURE(S)
Response Signature
Signature: /James A Larson/     Date: 01/04/2019
Signatory's Name: James A Larson
Signatory's Position: Attorney of record, Utah bar membrer

Signatory's Phone Number: 8013756600

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88000369
Internet Transmission Date: Fri Jan 04 15:18:12 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201901041518123
77943-88000369-62085f8bf4b4e3b6ee34ee8c1
c120c1a48a3fbe2330db6cc049f8f430caa18fa3
de-N/A-N/A-20190104150833375175