Landlordsoftware.com, LLC v. Grasmeyer et al Doc. 1 Att. 12

Exhibit L

Dockets.Justia.com Real Estate Tools 2637 N 400E #114 ~,,jp Ogden, UT 84414 January 19, 2011

LandlordSoFtware .cam, LLC 375 Rockbridge Rd . Ste 172-114 Lilburn, GA 30047

RE: FLIPPER'S Trademark Dispute

Dear Mr. Rutherford,

I have consulted with my attorney, Mr. Thompson Fehr (www.fehrlawfirm.com), regarding your allegation that my products infringe upon your trademark.

After conducting extensive research, we believe that your infringement claim is not valid for the following reasons .

Flip, Flipper, and Flipping are Standard Real Estate Terms

The termsflip, flipper, and flipping are standard terms used to describe the process of buying a real estate investment at a discount, and selling it for a profit in a short time, typically less than 1 year. Appendix A shows the definition of these terms from several independent sources. The terms flip, flipper, and flipping were in common use long before you registered your trademark. Appendix B shows several books that were published prior to 2004 that used these terms. Several seminars and web sites have also used these terms.

The termsflip, flipper, andflipping are not unique to your product . There are at least 20 other software products in the same industry that use these terms in their names and descriptions . A typical customer would not associate the terms flip, flipper, and flipping exclusively with your product . See Appendix C.

The termsflip,flipper, and flipping are used to describe the features of your own product on your web site and in your marketing materials on other web sites . This is strong proof that these terms are descriptive in nature, and necessary to adequately describe the fundamental features, use case, and target audience of your product as well as any other competing product . See Appendix D.

In Chapter 5 of your book, The Complete Guide to Real Estate Cash Flow Analysis, you make several references to flipping as a standard real estate term :

"For some, the term flipping has a negative connotation ." p. 27 "Even though you may have heard or read that real estate flipping is illegal, it is not." p. 28 "Since real estate flipping has become so popular in recent years ..." p. 28 The Terms Flip, Flipper, and Flipping are Merely Descriptive

The following are quotes from US trademark law :

"A mark is merely descriptive if it describes an ingredient, quality, characteristic, function, purpose or use of the specified goods and/or services." TMEP 1209.01(b)

"Two major reasons for not protecting descriptive marks are (1) to prevent the owner of a descriptive mark from inhibiting competition in the marketplace and (2) to avoid the possibility of costly infringement lawsuits brought by the trademark or service owner." In re Abcor Dev . Corp., 588 F.2d 811, 813, 2 00 USPQ 215, 217

More specific proof is shown in Appendix E, which contains several Office Actions from the USPTO stating that the terms flip, flipping, rehab, investor, and investing are all considered to be merely descriptive, and thus the trademarks were not able to be registered.

In the case of your application for FLIPPER'S, the examining attorney clearly overlooked the fact that flipper is a standard term in the area of real estate investing, and the trademark should not have been registered in the Principal Register .

Also, Section 2 .33 in Title 37 of the Code of Federal Regulations requires trademark applicants to sign a statement verifying that to the best of the applicant's knowledge, the mark is not likely to "cause confusion or mistake, or to deceive ; and that the facts set forth in the application are true ." The fact is that the terms flip, flipper, and flipping were in widespread use in the real estate industry at the time of your trademark application, and no such disclaimer was included in the application . See Appendix F for proof.

The Terms Flip, Flipper, and Flipping are Generic

"Words or symbols commonly used to describe an entire type of product or service rather than to distinguish one product or service from another are known as generic . Generic terms never receive protection because such terms cannot fulfill the function of a mark, which is to distinguish specific goods or services from competing ones. Therefore they belong in the public domain rather than to an exclusive owner ." Patent, Copyright, and Trademark: An Intellectual Property Desk Reference, by Attorney Richard Stim, p. 387

The termsflip, flipper, and flipping are generic terms in the area of real estate investment. They describe the type of software that is used to analyze short-term flips as opposed to buy-and-hold real estate investments . This is clearly shown in Appendix C, where many software vendors offer one product for analyzing buy-and- hold investments, and another product for analyzing flips .

2 Claiming the Right for Exclusive use of Flip, Flipper, and Flipping would Result in Unfair Competition

To claim the exclusive right to use flip, flipper, and flipping is a form of unfair competition . Software vendors should compete on the merits of their respective products, not by monopolizing the use of standard terminology within an industry . This is equivalent to someone obtaining a trademark for the words "Real Estate", "Investor", or "Cash Flow" for selling real estate analysis software . They are standard terms used for any software that performs real estate analysis, and no single company should be allowed to monopolize their use . Requested Actions

We feel that the most reasonable solution to this dispute is to allow each of our products to continue using their respective names . Therefore, we request the following actions:

1.) Send an email to Apple immediately, requesting that they do not remove Property Flipper From the App Store. 2.) Sign the statement in Appendix G, which gives Wasatch Digital Media, Inc ., Real Estate Tools, PropertyTracker .com, and successors or assigns the right to use the terms flip, flipper, and flipping in their product names and marketing materials . Return the signed statement via email and mail within 10 days.

Alternative Actions

Both of our businesses would be much better off by avoiding expensive and time- consuming litigation over this issue. The cost would most likely range from tens to hundreds of thousands of dollars, and you would be unlikely to recover profits, damages, and costs.

"Federal law permits an award of attorneys' fees to a victorious plaintiff, but only when the trademark infringement is exceptional-that is, obviously intentional . The bottom line is this : Unless you are dealing with a clear case of bad intentions, don't count on attorneys' fees in federal trademark litigation ." Trademark: Legal Care for Your Business and Product Name, by Attorney Stephen Elias, p. 11/3

Another option available to us would be to file a Petition to Cancel your trademarks for FLIPPER'S and REHABBER'S. This would most likely result in your loss of these trademarks, since they can easily be proven to be descriptive and generic, as described above . The cost for us to do this is only $300.

If necessary, we may also choose to file a lawsuit for damages associated with removing property Flipper from the App Store, and engaging in unfair competition .

Hopefully, none of these alternative actions will be necessary, and we will be able to reach an agreeable solution .

3 False Attorney Information?

By the way, we called Aiston & Bird, the law firm that you claimed to be working with in your letter, and they have no record of an attorney named Terrence Smith that works for their firm . He also doesn't show up in the attorney database at Lawyers.com.

Sincerely,

Joel Grasmeyer President Real Estate Tools

4 Appendi'XA F lipping - W lkipedi a, the free encycl opedia 1/ 14/11 11 :39 AM

Flipping From Wikipedia, the free encyclopedia

Flipping is a term used primarily in the United States to describe purchasing a revenue- generating asset and quickly reselling (or "flipping") it for profit . Though flipping can apply to any asset, the term is most often applied to real estate and initial public offerings .

In the residential real estate realm, the term "House Flipping" or to "Flip a House" is often inaccurately used to describe certain real estate investment practices . Flipping is more accurately a term used to describe short term, low effort means of generating profit from real estate . Examples include Wholesaling, contract assignment schemes and fix and flip scenarios .

Flipping is closely related to Real estate investing, practices such as renovation and Rehabilitation (or "Rehabbing") rely on similar principals to flipping . The difference being flipping often relies on profit from market manipulation or buying below value and selling above value and Real estate investing would rely more on improvement of the property, legal use of the property and existing market trends to determine profitability .

Typically, flipping is used to describe practices that have short term profit goals typically using fraudulent or unethical practices . Real estate investing is used to describe practices with legal and ethical means of profit generation from real property, improvement of real property or use of real property .

In the United Kingdom the term is used to describe a technique whereby Members of Parliament were found to be switching their second home between several houses, which had the effect of allowing them to maximize their taxpayer funded allowances . I I

Contents ∎ I Types of flipping ∎ 1 .1 Assign a Contract with No Risk Flipping • 1 .2 Multiple investor flipping ∎ 1 .3 Real estate flipping • 1 .4 Second home flipping ∎ 2 Effects • 2.1 Bubbles ∎ 2.2 Rejuvenation and gentrification s 2 .3 Property values ∎ 3 Regulations ∎ 4111ega1 activity ∎ 5 See also ∎ 6 Notes ∎ 6.1 References ∎ 6.2 Published articles ∎ 6.3 Television shows http :! 1 en.wikiped i a . org l wf ki lflipping Page 1 of 6 flipper Definition 1/14111 12 :54 PM

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What Does Flipper Mean? ;; 1 , A short-term investor or day trader who t zs s_ pre - !PO shares, swiftly spinning them out into - JJJ 4&1%. Apply Online! public markets for a qu i ck profit .

2 . A real estate participant who a home , renovates it and sells it for a profit a short time hater . J fnvestapsdia explains Flipper effl ue 1 . Flippers may hold a stock for only 24-48 hours, and therefore are very susceptible to any '~..d ~ P immediate downturns or upturns in the market . These sudden market shifts can make or break 4 a whereas a long-term investor could much more easily weather the ups and downs of stormy stocks

2 . Ftc~al~s °r tR flippers are battling a whole minefield of problems in order to make some big cash . Problems with borrowing, insurance, renovations, inspections, market conditions and more can make a huge dent in the tens of thousands of dollars they could make on one flip . FARES STA RTING AT Filed Under., In.%,r~ !,e, Related Terms FARES STARTING AT B uv . Str ut and Flip P av Tradar WA k1_1 P I c fi ri - IP each Sweat Equity way* each wary- amoree R I~t d s

,. JetB[t,le Related Links To}) 6 Must-Haves Far FI 6 inn Houses • Not everyone can make money in this field . Find out what you need before you hU,Y i n . F1i st_ ,I nQ HttuS o s :_Is if Better Than 9iiv a nci Hold? - t~L%jf S~"~: !1 9 ~ can flip a property of use it for cash flow . F ind out which will work in your neck of the woods. ~ ._A~~g~T~a_~Make Hg4r_~a Fli~i~t~ A Flog • [f you're just looking to get rich quick , you could end up in the poorhouse.

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Word Games Word a3 f hk*~ Day Ntw Words & Slang Video ~" 00 Merriam\_~ Sign Up Now and P* ) Receive One Month of flip Payroll Promssing FREE*

k~ ~ flip s~~.w ri avciasx enm ~*~1`~3P.is ~ 16 ENTRIES FCUND . w 1) fl i p (verb) The `~'otivers~tl_inn" : 2) flip ;ocijri) U:.,ez•-~cAamitii*d 3) fl ip (aCijeClive) 1vot•tla, VA ;!

Ads by Googfe Ogden Coupons JAN 14 - 8 f You I ridiculously huge coupon a day . Like doing O gden at 50% off! Haven't Had A Ticket In The Last 3 Yeam, 1flip You Are Paying Too Much For fli pped fl ipping Auto Itisurance

1 to toss so as to cause to turn over in the air flip a coin> ; also :

b : to move with a small quick motion

3 to ~Myy and usually renovate (real estate) so as to quickly <: Click Your Age ` Ni Ct• ItJI 13ndei 2 5 resell at a higher price After the shooting of Representative _>5 j Gabrielle Giftards . .- more ~ 26 27 1 : to make a twitching or flicking movement ; also : to change from one 3p position to another and especially turn over Uxorious" Calculate 2 t.L r..r 2 In a husband 's post about his wife's Nwurr,vnY ped j , upcoming talk - - more u 3 slang

a : to lose tine's mind or composure -often used with out

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Crunch The Numbers

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Product Description

Due to a flood of requests from FLIP readers who've used our free online calculator, we have created a downloadable version just for you .

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Microsoft Windows 98 or later, Microsoft Excel 2003 or later .

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IMPROVEMENT COST ESTIMATOR

FLIP Improvement Cost Estimator

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ProdUCt Description

Since 2001 HomeFixers has made it our business to help investors make money,

We have taken our expertise and put it in one fast , easy-to-use spreadsheet, We've organized the 300 most common improvement tasks around HomeFixer's 50-Steps For Rehabbing A House.

The FLIP Improvement Cost Estimator empowers anyone to improve a home from framing-to-finishing touches . ICE let's you save money and do-it-yourself, whether you're doing a basic kitchen remodel or knocking out walls.

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Microsoft Windows 98 or later Microsoft Excel 2003 or later`.

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From Booklist Much has been written about real estate these days, from inflated prices to the softening of the market . It can be difficult to sort the good from the bad, the reality from the hyperbole, but Corbett, television host and actor, manages to relay practical use-it- now information . What's his gig? Insider-type information and established methods that will drive successful deals . His hints include controlling every step of the process ; including a closet for each room legally to be considered a bedroom ; upgrading to high-tech digital thermostats ; and avoiding FSBOs (for sale by owners) . Before-and -after photographs enliven a fairly high- powered text, as do a bundle of flip tips and trade secrets . Occasionally, self-help verbiage creeps ]n, such as "give yourself Chee power to accomplish anything you set your sights an ." Otherwise, chock-full of value-added information--enough, perhaps, to overcome a soggy real-estate venture . Barbara Jacobs Copyright O American Library Association, All rights reserved

Product Description

http :J(www .amazon .comj F Ynd-Fix-Flip-Es t ate-One-cboo k /dpJ 6 pp41ATCBG( r ef = sr„1_{k m rl_l ?i e =L1 T F 8&qi d= 1 2 95036562&5r «$- I -f kmr J Page 1 of 5 Amazon .com : Find It, F i x it, Flip It! : Make Millions in Real Estate- - One House at a Ti me e6oak : Michael Corhet[ : Kindle Store 1/ 14 /11 1:23 PM

Michael Cprbett-host of Extra's Mansions and Millionaires-shares his strategies, tips, and never-before-revealed insider techniques that have helped him make a fortune in real estate .

This book is for aspiring flippers, first-time home buyers, or any homeowner who wants to create big profits and own their ultimate dream home-mortgage freel Starting with the essentials, Corbett shares how to crunch the numbers to instantly determine a house's profit potential . He then covers every step from purchase to sake : * Get the profit-making house at the price you can afford * Make the improvements that make you millions * Insider secrets that save you thousands * Take advantage of the market's ups and downs * Sell your home tax free and pocket the profits

Filled with practical tips, Illustrated with before-and-after case studies and easy to use charts and worksheets, Find It, Fix It, Flip It! offers the insider expertise needed to ta p Into an exciting-and potential ly limitless-new source of Income and financial independence .

See all Editorial Reviews

Product Details

Format: Kindle Edition File Size : 171 0 KB Publisher: Plume (January 31, 2006) Sold by: Penguin Publishing Language : English ASIN : BOQ4IATCBG Average Customer Review : (65 customer reviews) Amazon Bestsellers Rank : #169, 493 Paid in Kind le Store (See Too 100 Paid in Kindle 5tore)

Would you like to alive feedback on image s or tell u s about a lower pr i ce ?

Customer Reviews

65 Reviews L5jtAr_' (44) Average Customer Review Sh a re your t h oug hts with other customers : 4 . star : (l v ) (6 5 customer rev i ew s) 3-= : (2) 2 star : ( 5 ) 1 sta r : ( 4 )

Most Helpful Custom er Rev ie ws novEnrisE uc Hr

24 of 24 people found the following review helpful : Bam@ Emerfl, June 22, 2006 By Emeri lilijam (Roswell, GA USA) - See all my reviews This rCViCw i5 From : Find It. Fix It . Flip Itin Make millions In Real Estate--One

This is an honest little book, outlining and providing you with information that the trade shows and RE[ trainers don't tell you . The only concern that I have is that profitable properties under the scenario described in this book are not that common to find, and if they are, the lots alone go for 200 to 300k or more . You probably need not look In most average subdivisions as the potential price appreciation could not support the model . I suspect that you will have to find a careful set of circumstances like he has in the California market where the profit potential Is large. Having said that, i currently hold title to 10 properties and have done Ad_fee_d hatk remodelling on others that I later sold . But I believe that the Information contained in this book will allow me to "step it up a notch" to the next level of profitability . At worst, It is another arrow In your investing quiver . Most R ece n t Custom e r Reviews

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The E;ASY-[;s1iniate 3 .01 house flipping software is designed to assist with the purchase, renovation and Sale: 011u0EIses held for l year or less, It organizes your house flip experiscs, simplifies the scheduling process, estimates prrrject profitability a nd compares estimated project expenses to actual . The EASY-Estimttie house flipp i ng software provides report and picture documentation for current and future test . When flipping houses, the object is to turn the property in as short a time as possible with the greatest profi t possible . The EASY-Estimate real estate flipping software provides an organized and systematic approach to help you accomplish just that . It ro l ls tip task and miscellaneous ex penses into a profit or loss statement and includes a fast an d simple interface to schedule your house flip Cf)I15ITL iCtIU11 tasks. ht[p : / j4+nvw .Invest-2win .cpm/fl i pping-so€1ware , hEml Page 1 of 2 House Flipping Softwa re , Flipping Software, Rea l Estate Flipping S o ftware 11171119:18 PM

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The Flip-it Assist ant real estate fl ippin g software Is desi gne d to assist with the purchase, renovation an d sale o f houses held for 1 y ear or EesS , It org anizes your house flip expe nses, simplifies th e scheduling p rocess, e stimates project profitability and compares estimated project expenses to actual . Th e Flip- It Assistant house flipping software pro vides re port a nd pict ure docum entation for current and future use . When flipping hou ses , the object is to turn the pro perty i n as short a ti me as possible with the greatest profit possible, The Fli p-3Y Assistant house flipping software provides an organized and systematic approach to help you accomplish just that It rails up task and miscellaneous expenses into a profit or loss state m ent and includes a fast and si m pl e interface to schedul e y our house flip construction tasks .

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e .,.. .w..~ .,w~ . Easy to use . The reason FlipSman was developed "s 1 µ4 ~~ ~ ~ 1 ~ I~rrn because the other software f came across was an overkill .r ~vA ~ K or a simple spreads heet that did not go int o dep th . .,~ _ . a~+....a. v .. . ~..,.~.. developed FlipSmart with no intentions ort selling R . It has e .~,~.n .....» _ been through two years of development and fine tuning . - ~ p ~~y~R rNY+exrN .,~ ~ • By using FtipSmart I passed on countless properties that .,,. looked good at fief . On many of those properties !passed : ,. . c : . on, f see in foreclosure from investors who got in over their heads. The dippers could not sell for Enough and are now upside down .

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iFlip Stop ivasting your time and money searching for potential investment properties . Rely and wait for them to come to you . All you do is advertise your bird dog domain enticing college lids or anyone looking for easy money to submit vacant properties. Then as the leads fall in, you sort through, find your deals and get in contact with the buyers. It's that easy . ...

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House Flipping Budget Worksheet House Flipping Sources House Flipping Whether doing a house flip or renovation, it's Resources Ads generally understood that you'll spend 20%o by GOO* Ogden Ca_up I, ridiculouslyona more than you ~)nlicipate, huge andBudget since knowing Worksheets i5 ~aQ~stare 11l# h0~ Se Coupon a tiny . Uke half the battle, You'll be 50% %o more prepared for , fta] Estate Checklists rural doing Ogden at your project, The other way to properly prepare Before & After Pics Rural home yp % off! fob a project is by planning . Hence the rea son Articles buyers : apply , n we have this section on budgeting . Glossary now and close TV Shows fast. Direct Below you'll find various interactive budget Bookmark this Site Lendercalculatgrs which will help in areas such as USDA ;•

f urohase Price 9Uttggt Sheet Track & Manage Estimated Reno Spend All Your Finances in One Insurance Fees ~. ~ . . n/u Place With 100% Free Mind Desired Selling Price S Realtor Fees

Bu et Calculate ' :....Reset Forecasting Tool Fast, Accurate, Profit/Loss Details integrated Budget forecast Break-even Flip Price Software. FREE Trial.

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(Click Kr To Return Tp T_he~School's Home Page) The Real Estate Fix & Flip Spreadsheet .

Use th is spreadsheet to help you make your investment decisions. As you fill in your potential investment' s numbers when you hit the "Tab " key the results are instantly updated .

Middle Worst Case Result Best Case

PURCHASE PRICE 75 000 75000 75000

PLUS purchase costs loan origination 1,050 1,000 950 appraisal ^~400 400 400 credit report 70 70 70 title insurance 425 400 375 escrow fee 175 150 125 recording fee 50 50 50 other 0 0 0 other 0 0 0 other 0 - 0 0 other 0 0 0 SUB- TOTALS 2,170 2,470 1 ,970

TOTAL PURCHASE PRICE 77,170 77,070 76,970

ANTICIPATED SALES PRICE 95,000 100, 000 `105,000

Less Sales Costs : Real estate commission 6,000 6,000 6,000 Title Insurance 500 500 Sao Documentary stamps 300 300 300 SUB TOTAL 6,800 6,800 6,800

Less Holding Costs:

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interest 3,780 3,600 3,42 0 taxes 600 600 600 insurance 150 150 150 utilities: gas 80 80 80 oil 0 0 0 electricity 100 100 100 water/sewer 50 ~ ^ 50 50 trash . 75 75 75 other 4 4 0 other 0 0 0 SUB- TOTALS 4,836 4,666 4,476 Less Fix-up costs : clean-up 350 350 350 painting 1 ,000 - - - 1 ,000 1,000 carpet 2,50 0 2,500 _ - 2,500 vinyl/tiles 800 800 800 yard 500 500 500 other 0 -- - 0 0 other 0 0 ~ 0 other 0 0 0 other 0 0 0 other 0 0 0 other o a 0 other o a~ 0 SUB- TOTALS 5,'150 5,150 5,150

NET PROCEEDS TO SELLER 78,215 83,385 68,575

PROFITfLOSS ON HOUSE 1,045 6,325 11,605

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Repair Estimate (Beta -Informational Only)

Prices Include Materials and Labor

Property square footage

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0 GFI Outlet New ea GFI Replace ea 0 Large Ceiling Fans ea 0 Medium Ceiling Fans ea 0 Small Ceiling Fans ea 0 Outlets ea 0 Switches ea 0 Single Light Fixtures ea 0 Chandeliers ea 0

ReplaceWater Heater ea 0 Replace Sewer Line linear foot 0 Service Water Heater + . Connections ! No .~. ; ea 0 Service Washer/Dryer . , Connections No , ea 0

Bathroom Sinks ea 0 Bathroom Sink Faucets ea 0 Toilets ea Q Toilet Seats ea 0 Replace Tub ea 0 Shower Surround ea 0 Tub/Shower Surround ea 0 Shower Door ea 0 Shower Valves Hardware ea 0 Tub/Shower Hardware ea 0 Mirror ea 0

Cabinets linear foot 0 Tile Countertops sq ft 0 Laminate Countertops linear foot 0 Kitchen Sink ea 0 Kitchen Sink Faucets ea 0

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Replace cedar fencing linear ft 0 Replace chain link fencing linear ft 0 Replace gateslhardware ea 0

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Produces Financial Projections for your Analysis Comes with 4 Modules to best match your project only $16.95 Fl ippi ng Project Module Module only $ i? .95 ~U ~ NgVy for all 4 M odules The Flipping Module i s for quick purchase-fix up and re -sell. This Module permits Bu~y Now you to run up to a 24 month AililEySi S that i51C4UtSe 5 Costs that the pcipuiw TV shows ignore. Income Property Module Module only $10.95 _E63t,,1y _ ow rv~ for all 4 Modules The Income Property Module i s for the Classic scenario of Purchasing Property that produces Income & Appreciation. Allows you to enter Initial Renovation Cost . L l@sN DE M Q n30df31 Produces up to 20 years of Projections . Buy-Hold-Resell Module Module on ly $7. 95 Su % NqW For simple scenarios of Buying Properly, holding it over time for Appreciation & eventual Re-Sell . Produces up to 20 years of Proj ections . Remodel for Renting Module Module only $$ .S5 U~ NOW~ Provides a Financial Projection fpr those thoas mg to remodel their home to accept a renter or a similar project that ibis Module can address .

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Produces up to 5 years of Financial Projections ~~E~ ~4~~ includes a Guide to writing a Business Plan $ This product quickly produces a prafesslona( quality Business Plan for L ""Buy., Now I presentation to Banks & Investors . It produces Financial Projections in MS-Excel and it comes with a 6 page PDF Instruction Guide to help you produce the narrative portion of your Plan, v'sew ~~~+lQ model

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'~ " f n ev er t4rc-- smk~d 11 oW i h1cralive nipping house's cou l d lx, anti! I read your book! Now, I'm creating and "Hipping" wellness Homes for my Nikken business and I cuu[dIA be happier or more SU CCt"3S fI ;I l "

"I. c'an'E thank ) 00 enough!" "Give us a few days and we'll teach AmcliA Glascr, you how to become an Wellness Consultant Nikken Roannke, VA '~ EMPOWERED REAL ESTATE ENTREPRENEUR*

"Amazing! A Red ESIJkC Investing 611idie without wasting thousands of dollars with a (;US3'%CIISiCCf ML' on ridiculous seminars and useless husband and I have deceptive infomercial products." since I'lipped our primary residence and ~ flow live m arqztlge- free on a golf caEi rset••

M. Hayes lirciokkyn, NY Here's How To Turn Any Ordinary Income Into A Real Estate Empire ...

Tr3r over 10 years I NY as a IwanaBCT for one "In 3 0~ the largest Months (or less) You Can Quickly and Iclecucnsn tinicaEi L) its companies in the l' .S . Easily Become A Mini Real Estate an(] after my unexpecEed (ayoff, I Tycoon...By Flipping Houses! " turned to real estate to make up my loss iii sat.irs . After reading Looking To Increase Your Net earth? Flipping Houses [01 1 This Guide Will Change the Way you look at deaf Estate Investing Forever! have since flippcd one property and am about to I'lip my second-each bringin- in a net profi t

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As seen on amazan.carn A Heads Up Guide To Finding, Buying, Fixing and Selling Houses for a Profit!

W(itten and Photographed By: Meg Heart

You've SpecW' Offer Page!

Dear Friend ,

How much is one good investment worth to your financial future?

4f you are worried about the future . . about increasing inflation-the constant threat of recession, and the factors that make for such a nervous economy, I have some ideas that you should seriously consider .

Suppose you could make an investment decision that you didn't have to worry about, that wouldn't bring in a measly 2-7% per year, but tens of thousands in just a few short weeks?

lmagine.. .one good investment could bring you tons of hot leads and new homeowners, begging you to buy their homes, and even provide you with a constant stream of referrals . This way anytime you need more business- you simply turn the tap on . ., and make even more money in a business you've laid the groundwork for in just a few short days! Sounds too good to be true?

Well, it isn't if you have the right system . You see, dollar-for-dollar, nothing provides a better return on investment than real estate and it doesn't matter when you buy it, just that you make educated decisions about where you buy it . Stop Throwing Your Hard Earned Cash Away!

Think about it. Real Estate is the most powerful investment you could ever acquire . In the time it takes to stop for fast food you could have all the time you need to choose a piece of real estate--one that will relentlessly appreciate as you prepare it to be flipped .

http ; l! flipping houses 10 l . com j Pa g e 2 o f 10 fl i pping houses 101 : real estate I nvest i ng flipping houses no realto r required 1/ 17111 10 :13 PM

Real Estate appreciates in value if you improve it.. .and sometimes even if you don' t s It will never call in sick. !twill never complain. And it will never quit on yon. Simply put, a cleverly purchased real estate investment is like having a little automatic, money-making machine working for you, tirelessly . ..day and night.

But Finding That Winn ing Investment is The Hard Part ...

It could take you years and can cost you a small fortune to figure out just the right combinations of moves in the real estate game - while others fall flat on their face. But instead of knocking yourself out trying to come up with a way to reinvent the wheel l walk you through the entire process step-by-step of profit-generating real estate investing ready for you, when you're ready to Take Action!-- Announcing.. . "Flipping Houses 101" "A Heads Up Guide To FEnding, Buying, Fixing and Selling Houses for a Profit["

In just 3 months (or less) you can use this step-by-step guide to fuiftl l your dream of being a real estate entrepreneur who's set for life!

At Last! Every Burning Question You've Had About Real Estate Investing That Has Been Holding You Back Is Answered ...

A few short years ago, I was suffering from "Not being able to get ahead syndrome .. ." coupled with the "Sick and tired of being sick and tired"?? (Whoever coined that one is a genius!) You know that feeling of hopelessness that makes you wonder why you get up every morning and continue doing what you are doing, the way you are doing it? Well, that was me in a nutshell .. .

A licensed REALTOR, working 7 days/week, 2417, 4 seasons ayeas --up almost all night worrying about 100% Commission, Expenses, No Pension, No Retirement Benefits and in the lean years ., . the rising costs of Health Coverage...a few bucks here and there in cut-rate commissions , due to the lack of increasing consumer confidence. ... and then one night it hit me!

I'M SICK OF MAKING EVERYONE ELSE RICH!

AfteraEl, isn't that what we ALL do in our day jobs? We make the boss look good and the company look great all while we trade hours for dollars (or hours for pocket change in some cases. ..) I don't care who you work for!

Unless you're working for yourself, you're working too hard.

So , .. i began thinking to myself...

I'M FINDING DEALS FOR PEOPLE SO THAT THEY CAN MAKE A PROFIT AND RETIR E COMFORTABLY, WHILE I WAIT FOR MONTHS FOR THEM TO MAKE A DECISION SO THAT I CAN COLLECT A MEASLY COMM ISSION !!!

(insert your comment here about how you thought all REALTORS were rich...)

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Whew What the heck was I thinking???!!!

So, f decided that I should begin investing in Real Estate myself (other than my primary residence, that is .. .) You're probably saying to yourself. ..well, why didn't you do that all along?

Excellent question! Afterall, f supposedly had access to all of the "inside deals" at my fingertips .. right? Ba-loney! You know as well as I do, that most of the time, by the time a property is listed and goes into the MLS, it's too late to get it at a bargain!

So... Do You Know Why I Didn't Invest fn My Own Future For Years? Because I Was Afraid To Take The RISK! I mean, think about it. .,if you only have ONE property and for some reason you have to "cut and run" because you've been laid off or worse, you won't have a roof over your head anymore. You'd be left homeless Right?

That's the REAL RISK! Any financial advisor that's worth their salt will suggest that if you do nothing else, you need to "diversify your portfolio" (the fancy phrase for not putting ail your eggs in one basket ...) Right? So, the more logical thing is to have investments that increase in value over time -- even if its a very short period of time--so that if you get into a bind before retirement, then you'll have something to fall back on ...and if you don't have to sell it in a hurry, then you can fall back on your investments like a comfy bean bag chair? Whenever you want to ! Or get rid of them quickly to take that luxury vacation you've always dreamed of but could never afford . The point is ...

YOU CAN CONTROL YOUR OWN DESTINY!

So! What did 1 do you ask!? Well, the first thing I did was t spent about $12,00 on seminars to find out everything I've known as a REALTOR for years---the math, the ads, the odds, the process---

If I'd have just listened to my inner strengths, I could've saved a boat load of cash for my investments. Yep, I could've had another property or two for what !spent going to class, but it was important to me to invest in my education ...

And! 1 w ill have to say that I met some great people attend ing classes , learned some tips and tricks and brushed up on my organizational skills! I've since tested my ads, ran concurrent marketing strateg ies to generate leads , created a business name, incorporated, printed business materials, developed a website, etc. . . etc.. .etc. . ., So, did it all work? Of course not at first .. . Did I make a whole bunch of great investments! Heck yea! But did I NEED to do all of the work that I did? Heck no!

YOU MAY BE SAYING: BUT I AM A LICENSED REAL70RI

So am !!And I'll reveal h ow to run an ethical business with full-disclosure from the word go. I wouldn't have it any other way . !still help others find deals ail day, every day with the MLS.

http:l l f ll ppin ghou se s l OLcoml Page 4 of 10 filippi ng hous es 101 : real estate inve sting fli pping houses no re altor r equ ir ed 1117111 10:13 PM

What's in Flipping Houses 101 .. . is how investors find deals and how f am completely honest with my sellers about the fact that I'm a licensed agent.

I'VE SPENT MY TIME AND S CREATING A GUIDE FOR YOU!

If I had kept to the K.I.S.S. Princi ple: Keep It Simple Silly [don't like calling myself "stupid". .. after all, I HAVE Succeeded!! I I could've saved thousands in marketing dollars, time, energy and frustration . So now that you know how much I have invested in my future, will you have to drop that kind of money? Absolutely Not! I've done the legwork, from New York to Georgia, California to Ohio to Michigan and on, and on . . and written checks all over the place to learn what I KNEW I could do! I just needed a step-by-step system to help me get up and get amore-on ! So I created one for you called: "Flipping Houses 101"

And now I'd be honored to share with you the path to "90 Days To Wealth " (one of my favorite chapters) which details one of my many successful investments Step-by- Step in this easy to read and Comprehensive Guide to Flipping Houses .

I'll reveal how I rehabbed an old house and tripled the value of my investment in 3 short months---The full-color before and after photo gallery will amaze you! Ifs all inside "Flipping Houses 14dV

(Or you can attend just one of the $12,000 worth of classes that (attended-- C}UCH! As a matter of fact, f spent over $5,000 with one so-called marketing genius alone!)

And get ready for a shock. This guide is fun and easy to read-crammed with useful information, tips and tricks and still remains to be humorous when you need it most! 1 61 pages you can finish in an aftemoan, and be out looking for property the very next day! [Or the same day if you're an early riser!)

What's more...if you follow what I did step-by-step, properties will begin looking for you) You won't need to dress like a salesman, in a stodgy old suit and tie or power jacket- - Can you say B-Q-R-I-N-G? Jeans and comfy shoes will be the order of the day while you lay the groundwork to becoming set for life! You'll be the coolest business person in the neighborhood- -the envy of your friends and family ---the smartest person you've ever met .. . when you ... PROVE THEM ALL WRONG! **~

No Cold Calling or Worries About the "Do Not Call" Last!

How to get sellers to CALL YOU for just pennies! http :// fl lpp inghouseslQLcom 1 Page 5 of 10 flipping h ouses 101 : real estate Investing flipping houses no sealtor required 1( 1 7/11 14 : 1 3 P M

And You Too, Can Use This Secret To Make Yourself a Fortune!

Don't waste tons of money on advertising .. .learn these tips and tricks to create a flood of business phone calls that are all pre-qualified leads .

Okay, Now I Hear You Grumbling : "But I Can't Even Swing A Hammer" or "I'm Not Handy"

Actually , that's the beauty of this guide-You will discover how to purchase homes that may not even need fixing up-or one's that do but you can be completely "hands aft' if you choose to . That's the beauty. How you run your business is your decision!

Run Your Own Real Estate Business-Hands On or Hands-OM Discover how you can flip properties while you keep your day job! Afterali, your responsibility is to your family and current situation first, so this may be the approach you decided to take . Either way, you'll be starting a whole new chapter in your life that's finally about your success! Which Of These Real Estate Investing Topics Have You Been Dying to Know About?

Discover Why Flipping Houses is Such A Hot Topic!

21 How To Finance Rehabbing and Flipping Projects!

21 Avoid Worrying Where Your Next Paycheck Will Come From!

Insider Secrets To Finding Properties That Aren't For Sale

59 How to Avoid Traps and Pitfalls of New Investors

The Benefits of Creating "Cashflow" Through Real Estate

How To Rehab Houses "From Soup To Nuts"

How To Frost from Real Estate Rehabbing

How To Instantly Increase Your Net Worth with Real Estate

2f How to Cash in on Secret Real Estate Bargains!

With Flipping Houses 101, you'll get all of these, plus a complete "before and after" photo gallery with Step-by-step details of one of my most recent projects so that you can see how an investment can progress from beginning to end in an in- depth look . Watch it go from questionable to financially lucrative and study the numbers with your own eyes . You will see, first hand, 'what to spend your money on' and 'what to leave alone' .

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May, So What's The Cost For This Incredible Resource?

Well, realize that this book could easily be sold in the neighborhood of $1,500 in one of those crazy seminar classes that !told you about-- not including royalties.

The research analysis and documentation alone took over 1,200 hours to prepare. Yep! It took me longer to write this book than it took me to fix up the house that's in it!

So at a bare bones min imum you're getting of dollars worth of powerful ins ider tips at your disposal . Of course I'm not going to charge you anywhere near that amount or even my min imum project price, In fact, your total investment for finding the secrets to becoming a real estate entrepreneur in just days would be about X37-.- As Seen on Amazon-- M.;t $ lajW11

Books

S tart reading Ft~pprng t€Otr5e.5 101 on your Kindle Ripping Houses 101 (bindle Editia by M e~ ( ;:utFror )

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Product Description Flipping Houses 101 : A Heads Up Guide To Finding. Buying, Fixing and se lling Tycoon-By Flipping Houses! Looking To Increase Your Net W orth? This Guide 1,"Jiif C hange the Way you look at Real estate Investing Forever?

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Page. ...Your Price is only $27Which INCLUDES 5 Bonuses NOT AVAILABLE on Amazon .com

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(To see our regularly priced sales page click here FWina Houses Full Prime ] The money you'll earn as a result of these proven real estate investment practice can very easily pay you back thousands, if not hundreds of thousands of dollars for your meager investment. So what's the catch? Why am I practically giving this information away? Well, it's really quite simple. I'm not an advertising guru--I'm a real estate investor that wants to share some much needed information with another investment- information-starved individual like you, without the pains of attending overcrowded classrooms that string you along for more money each time you attend a weekend class. Hotels and gas alone can kill your budget!

This is an e-book ., .a digital product that you will be accessing directly from the Internet. I have no inventory and no fulfillment costs . I don't need to pay anyone to take the orders over the phone or fill orders . This way I can pass along my cost savings to you. And you get the book instantly!

5 FREE Bonuses For Ordering By Midnight Tonight!

Monday, January 17 , 2011 Bonus#1 : As a special free bonus for acting immedi ately I'll also give you Must- Have Forms Toolbox: 5 Hard-To-Come-By Real Estate Forms You Should Never Be Without This is (a $19.95 value.) Bonus#2 ; My flipping Houses 101 Profit Worksheet. This pre-done spreadsheet gives you a powerful analysis tool for all your real estate projects, You simply enter in basic information like mortgage payments, repairs and maintenance -- then you can effortlessly perform the important analysis calculations for your profitability by summing up the columns -- instantly! This essential tool helps me prepare my taxes every year! ($9.95 value)

Bonus#3: P .T. Barnum's "Golden Rules Of Making Money" e-book- 21 Powerful and Timeless Insights Into the Art of Mak i ng Money from the Master of Entrepreneurs Himself] Discover the principles of making money in business . Have the courage to take the risk and command financial freedom! { A $19.95 value).

Surprise Gift #4: Will Save You Thousand$ and Hundred$ of Hour$ of Research and Education Cost$ .. .Time is $$$....sorry... it's a Secret...Together these FREE bonuses are worth more than triple your investment in "Flipping Houses 701" --and the Secret Gift? Well that's absolutely priceless.. .and they're all yours absolutely FREE when you order by m idnight tonight. (Value: Priceless...you cant buy this anywhere)

S.u.rpLse Gift #5: And if y ou ACT NOW, you wi#l receive our Sth Bonus . a FREE 38- Page Report that explains in detail what to do when Selling the Assets you will soon acquire! Flipping Houses Tax Questions Answered and Much Mare! What's even better, is that this report gets updated each year! A Perfect

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Compliment to "Ripping Houses 101 ". . .and it's yours FREE1(Value : Priceless... this report will give you business insight that you would otherwise never have )

Ask Yourself These Questions :

Does the Housing Crisis REALLY Exist? Yes it does! Becau se of bad mortgage lending and a glut of homes on the market.

,~ ;Ul YOU E`.,~8Sh1Ur_ 4tP Absolutely!

Do you to buy homes that are overpriced and listed? No, . Do Ywj 4 ~ REALTOR o rder to get .rf ; in this Abso1utiel NO'T! Th'-J iiiearis [hat you can keep all oi"commission money" too!

°#44°lo Risk-Free Guarantee'.

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If you aren't 100% satisfied - I don't expect ...or want...to keep your money. Simply send off a quick email to me and I'll happily refund your money in full . But even if you decide the book isn't for you - the free bonus gifts are yours to keep regardless, as a "thank you" gift from m e. That means you can't lose no matter what!

Is that fair or what? So you have nothing to lose . I'm just here to share information with you that I so desperately needed when [way starting out as a new investor . As a matter of fact, the approaches that were out there, were way too sneaky and evil for my taste. Flipping Houses 10 1 takes an ethical approach to the entire process . Beginning to end .

"Flipping Houses 1 0'I" because. ..

it's not Going To Be Market" Forever!

Its easy to get started ri ght away. Just click the link below and you can have immed iate access to all of the shortcuts I used to invest in real estate. Get your mind set, your confidence and your talent will lead you one

It couldn't be easi er or faster. Get ready to create a flood of wealth! To Your Brilliant Success! Meg Heart Claim YOUr Copy of "F lipping Houses 101" and htt p :11 f11ppinghouses lD1 _ cornt Page 9 of 10 1117111 1 0 : 1 3 PM flipping houses lOl : real estate invest i ng flipp i ng houses na rcaltor required

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PS- If you think this a guide full of fluff, think again. This is a completely documented case study written with the beginner in min, from the time I set my sights o the property, through point of purchase, research, the plan, the bids, the renovation, the costs, the exit strategies and a complete before and after photo tour . It concludes with the profit and proof!

PPS- Better hurry At th is unheard of price to get my best kept flipping secrets, you better bel ieve this offer w i ll be gone in no time fiat! In fact, there's only ,366, 249, 24-8, 474, 4-24, before we remove th e offert

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Copyright Nth Degree Marketing, Inc. All Rights Reserved . 1301[1 Booker T Washington N»y, Hardy, VA 2A101 Emaii : adrnl?flinin ahouses 1Ql .com

We graciously accept visa . , American Express, Discover, Pay Pal, Eurocard, Brava , Diners Club, Carte Blanche, JCS, and online checks

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homes

ntroducing Steve Cook's Colossal ... Flip-, pim n, H o I"!ftle s

oft V& 0 s usp I I =0 I I a Box

Many Hundreds Have Paid Many Thousands to Learn Steve Cook's Flipping Homes Methods, From Top to Bottom, Provi ng to Be One of the Best Investments of Their Lives . . .

now you c an gri t all the sa me gre at in Y' oxmat ion at a fracC ~-gn of the c9 st . Steve Cook's Flipping Homes Business i n a Box:

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W lesal in for Quick Cash: A Real Life Guide to Flipping Homes

~~~ 9 ~ Just dike the title says, this course offers a yMholesal; ~ refreshingly realistic account of the real life world of Fciru ck Cash flipping homes . From the trenches, Steve tells it like it ` 4 .' - ~ is with 2 1 9 pages of hard-hitting facts .about the day_ to-day life of buying and selling properties for quick i i cash . In this powerful text, he touches upon many issues left unresolved by other courses and reveals - the secrets that allow him to average a $5,000 profit " ~4`'a` ~ O G-L 'a v per wholesale deal .

~ Whether you're a seasoned investor or just getti ng f started , if you want up-to-the-minute information on how to make QUICK CASH flipping property, this course is for you . Steve jam- packed this course, covering every aspect of flipping properties including the inside scoop on such topics as : • How to evaluate a neighborhood • How to define your "goldmine" target area • How to find profitable properties • How to determine the after-repaired value of a property • How to estimate repairs, even if you've never done it before • How to construct money-making offers • How to increase your chances of having an offer accepted • How to use a Realtor to make money • How to find and qualify a Realtor • How to build a professional success team • How to find all the hard money lenders you'll every need • How to profit without cash, credit or provable income • How to market your properties and maximize your income • How to find and qualify wholesale buyers • How to create "win/win" situations so everyone profits

...arid most importantly . ..

& How to make some QUICK CASH STARTING TODAY!

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This is no ordinary course, 1, l~boiesalina_for Quick Cash: A Real Life QUide lo Flipping_ Homes is designed to put you head and shoulders above the competition in your town and place you on the fast track to success . Steve doesn't puts any punches in pouring out page after page of the knowledge he's gained while buying and selling over 170 homes in the last three years, including 27 houses in the first two months of 200 '1 alone. For the first time, from start to finish he explains in his own down-to-earth manner how to flip a property step by step . Chock full of information and REAL LIFE EXAMPLES, this course is not for the faint of heart. If you're a serious investor looking for detailed instructions on how to GENERATE CASH NOW without having your own cash , credit or even a full-time job, this course is a MUST for your real estate library. Order it today!

Includes 219 page course manual plus computer diskette with sample legal forms .

Reviews of the course:

"This book is an excellent, comprehensive guide for the beginning real estate investor. Full of information that is relevant to making money in today's marketplace, Wholesaling for Quick Cash is invaluable to the investor who flips property. "

Lisa Moron Marketing Consultant and Real Estate Investor Princeton Investments, Inc.

"1 had the privilege of reviewing Steve's course during the convention. I read it from cover to cover and found kjam-packed with useful information. No fluff in this book. And he is one of the most helpful people !have ever known in this business, not to mention he has a very high ethical standard. " John BitFel New Jersey

Special Price

Wholesaling For ic[c Cash $149.00 1 tW ADD TO caRr Shipping and Handling $5 .00 per item . AR.

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g~ - r ti 1 -F .A.Q . - Newsaraua - Seminars -Products - Testimonials - Faith Cot~e~ Co r' t - DisclasmeE -

designed by: I Seed ne

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Overview

The purpose of the House Flipping estimator is to aid you in estimating your costs before you make your real estate offer . It uses MicrosoFtp Office Excel 2003 for the spreadsheets . Also included is a check off list "worksheet" that will assist you in looking for potential problem areas.

You can use the fine items suggested, add more, or just type over the existing ones to fit your needs. We suggest that you create a new file on your computer under My Documents named deal Estate. In this file, save the dipping Estimator spreadsheet .

Each time you create an estimate, save it in this file with the file name being the address of the house you are estimating . We have some examples includecd in this package . We like to save an estimate spreadsheet and an actual spreadsheet for each house purchased . This is used for future reference to fine tune our estimate process, We often use the same carpet people, roofers, painters, heating/air contractors, and vinyl siding contractors on each house .

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These contractors have proven themselves to perform quality work, be dependable, and offer fair estimates. They do not always submit the lowest estimates, but our experience has proven that their other qualities far out weigh any money issues, By using the same contactors, we also know how much they generally charge per square foot for their services . With this information, we can prepare an estimate rather quickly . U N w click here for an immediate download , buy now for $4.95 ~ y ° If you are familiar at all with Microsoft@ Office Excel, you know that you can go to a cell and insert a pop-up Comment, by right clicking on your mouse, and choosing Insert Comment . You can then type in the price for the line item that your favorite contractor charges per square foot. For example, on our House dipping estimator's spreadsheets, for the line item Inside Painting we have inserted the Comment, "Pride Paint and Wallpaper charges $2 .25 per heated square foot for painting with minor wail repair" . This Comment window pops-up as you move your mouse pointer to this cell in order to enter a figure for an inside paint estimate . We use this same method for our favorite carpet people, roofers, heating air contractors, and vinyl siding contractors . We also plug in Comments for other known line items such as; Storm doors usually cost us $ 1 75 a piece and Door Locks are usually $25 a piece. Again, you can see how this type of information already in a pop-up Comment would allow you to quickly prepare an estimate following your inspection of the house . Included in this package

• Ripping Estimator • Fligping Estimator explanation • Example - ~stirnatian numbers before purchase • Example - A t al numbers after sale of house • Check cuff ' t - worksheet

Now) click here for an immediate download , buy now for $4 .95

Legal Notices Whilst all attempts have been made to verify the accuracy of the information provided, neither the Author, Publisher nor Distributor of this publication make any representation as to the accuracy or completeness of the material contained herein nor the results obtained from the application of this material . Each person's results and outcomes will vary according to their experience and their use of this information . The Author and Publisher do not express nor imply any guarantees as to the profitability of the strategies

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contained in this publication, and will not be liable in any way for any loss or damages incurred as a result of the information contained in this publication . The reader and purchaser of this product package assume absolute responsibility for the use of the material and information . Investment, taxation and real estate laws vary from country to country, state to state, and are constantly changing . It is strongly recommended that readers become familiar with the variations in local laws, and should always consult a professional real estate attorney or taxation profess9onaS to answer specific questions regarding their personal situation .

AboutUs Phase III Investment Company was established in year 2007 in order to share our knowledge of Real Estate based on 21 years of experience . This knowledge was gained while my partner and I both maintained full time jobs . For the first 12 years we focused on buying homes, rehabbing them, and renting them through a real estate agency . After several experiences of rehabbing homes only to have them demolished by renters over the years, we decided to focus our efforts on buying, rehabbing, and selling . After our first few sales, we were hooked . We sold all of our rental property and began what is now called "Flipping" exclusively . in year 2007, our Real Estate transactions were placed on hold while we dealt with a son whom was in a tragic accident . Through out his months of recovery, our time was spent in hospital rooms critiquing our methods for estimating rehab costs and determining our best buy offer on a laptop. The Flipping Estimator is the product of this effort . We believe that it will simplify your estimation of rehab expenses, help to prevent any mistakes in your calculations via a check off sheet, and aid you in determining your buying offer . The product is purposely made simple in order that a novice can use it . We truly hope that it will provide you with another tool to enhance your real estate buying profit potential .

click here for an immediate download , buy now for $4.95

Thanks for allowing our company to serve you, C. Lancaster ohase3falearthlink,net President Phase III Investment Company

hFtp Fllpp i ngest :ll l mator.tom/ Page 3 of 3 Rehab Ana ly sts Spreadshee t 1 ! 1 4 ! 11 11-.47 AM

• Home • Bloom e Education House Pies . Results To Date • Resources Business Plan

1 -2-3 F 7

Education for the Serious House Flipper

Rehab Analysis Spreadsheet

2 comments

for investors (and up-and-coming investors) looking for a good spreadsheet to analyze the profitability of a flip, here you go. This is one of the spreadsheets I use everyday in my business (modified to remove a lot of the crap that's specific to my projects) .

It's a pretty straight-forward spreadsheet, and anyone who has completed a couple flips probably has their own; but for those who don't or those who have no idea where to start, this should be helpful . Just being able to see in one place all the costs, expenses, commissions, and fees associated with a typical rehab makes the whole analysis a lot less daunting . Not to mention, the rundown of typical labor and materials costs on the worksheet should help new investors get a handle on the list of rehab costs associated with a rehab project

The spreadsheet is currently populated with an estimate from a recent flip we completed, just to give an idea of how it's used . Hopefully, you'll find this useful . . .

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Top B e tor Who Are Crushing rii I Str i s e Started January 28, 2010 at 10 :57 pm

{ I comment... read it below or add (me }

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-' Use ariginal player

Fix It & Flip It Workbook

Fal Fft [T $3.92 U ROM

A Faii-Safe System for Making the Right Decisions About Your Investment A real-estate classic, Fix It and Flip It is a favorite of those who purchase, improve, and sell properties for a profit. This companion workbook has all the worksheets, checklists, and spreadsheets to help you implement the strategies in the book . A bonus accompanying CD-ROM also includes all these documents, allowing .. .

http :/l www . realesta l efll pp inggu i de . ne[ lr eai-estate - fllpp fn g - spreads heet / Page 2 of 5 Appendix C Product Web Site Flipper's & Rehabber's Cash Flow Analyzer www.sandlordsQftware.com Property dipper www. realestatetoois .com FLIP Investment Calculator www.homoggrs .r FLIP Improvement Cost Estimator www .homefixers.com FLIP Calculator ok-w-bomofixers .com/calculator.ph Find It, Fix It, FLIP IT! www.michaelcorbett.cam/f!'pit . hi.ml EASY-Estimate House Flipping Software www...invest- . winSQoM[#ii,pping-softw g. eht.~mi FlipSmart w_ww .fljp~imartsoftware . com Fix and Flip House Cost Calcula tor www.fixandfliphouses .net iFlip www.iflipre, la estate.com Best House Flip ww. e th u e s .c m FixFlipRent wvuw.stevesiman . us/flipoerfix .htm Property Flippi ng Investment Analyzer www.verusdecisions.com ilex-Property Flipping Project Module www.synM1stic .qom Flipping House 101 Profit Worksheet www_.flip., l;~j n_ghouses141 -co-m FlipCalc www.fliocalc.com Flipping Homes Business in a Box wv1w.fli°pinghomes.com A Real Life Guide to Flipping Homes wWw.flipp1nghomes.com Flipping Estimator www ffippin ges_timator.c9m 123FIip Rehab Analysis Spreadsheet wyvLnr,j23-#l, .cQrn Fix R and Flip It Workbook www.diyprnot .com Appendix D Real Estate Flipping & Foreclosure Software 11 2 8/11 7:42 AM

Real Estate Flip ping and Foreclosure ---REAL ESTAT E TOOLS Software ~ Flipper's & Rehabber's k Cash Flow Analyzer Pro~y i

H" I Contact Us I ~ ~ ReMieV Cart , ..

..~ The Easier Way to Sm 0-er~ 25,066' Evaluate Real Estate W. .~. Flips . ~: . Know w ho is behind Flipper's & Rehabber's Cash Flow the software bqfore Analyzer Pro :)IL buying! Cash Flow, Profit, Budget, and Project I Tracker all in one! As a short-term real estate investor, you need a very easy- to-use tool that will quickly calculate cash flow, profit, a budget, and the investment return for a potential flip. And once you have done so, you need to be able to easily print or small the presentational-duality reports to tenders or .~. investors . S-Oftv_rtam Reviews Thus, we created the Flippers & Rehabber's Cash Flow Analyzer . Our real estate, foreclosure and house flipping software helps you better analyze rental property flips rREALJ-oR because the investment is analyzed on a month-to-month basis, and cash-on-cash return is calculated including the projected rehab expenses . Reports can be printed in a snap p e rt y ~tlH~3ttir and emailed using our Pad software that is included at no additional charge . Evaluate a property on a month-to-month basis for up to 24 months.

Fr Audio D n Analyze a property month-to-month up to 24 months Cash flow Analysis lu Determine if the property is discounted enough to make the flip worthwhile

,,4 Schedule up to 96 different eveots in

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the new project scheduler & Gantt charts

See how your cash flow is affected by property improvements

Now you can easily budget for those expenditures

V~ Includes detailed rehab costing K ~u,cigeting schedule

Easily email or print PDF reports for lenders- and ~nvestars

The real estate & house flipping cash flow tool you've been searching for to help you choose the right investment properties .

Customizable, Presentati onal Investment Analysis Reports Created Sample 6- ~~_,:, Mtrnth . Presentation ~ Reao[j _ . Up to 24 Month Presentations Available

Software Features Screen Shots

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..; L.at~dlc~rdSoEi~nrarG .cc~m LLC Questions about whether our 375 Rackbz idge Rd, quite 172 software wall meet your needs? Lilburn GA 30047 ~~ Toll Free (866 29Q-41 .83 mail Us: Info (at) I .andlordSoftware .com

Flippor Software Site l,at~ I A) C~i~nl~fc•i About Us .

Copyright O 1993- 2010, AllA rights reserved.

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~ Real Estate Flipping Software ~vU Oger'3 ;r,r~ Short-Term Investment Analysis

Cashwww . AtFlowhs bLrr arartAnalyzer r . c,-Td- Flipper's & Rehabber's Cash Flow Analy zer Pro G Toll Fre e (866) 290.4183

Landlord's Cash Flow Analyzer Annual Analysis Easy-to-use, Affordable . . . but Powerful Analysis Software Sa3hWa R Featk,res Staean &hnis acid Renpr~ P r r i I .' ~ 0 3 Presentational Reports for Real Estate Determine 'm m Offer r' e Qplia l Agents, Clients, Partners , In v estors & Sates Price and Maximum . Rehab Order / Download Lenders. Exams for a specified P rofit Goal, quickly and easily solve backwar ds to determine the purchase price, sales ps9ce, or the maximum rehab expenses you can incur to attain your Flipper & Rehabb er's required profit! Cash S ~PJ~ h Flow Analyzers ~.~ D" MC 9W I Monthly Analysis Prea n t Example : You input information on a property with an asking price of $127,500, an 80°% loan, and Cliooer .a~ft~~are 24 - Month Also estimated rehab costs of $17,550 . The software 5o(twaee Features Presentation Available computes a profit of only $11,973 by Month 6 .

a9eatt Shots a~~,., R eoorts Your goal is to earn $25,000 . Clic k one button a nd you learn that you can only offe r $ 17 D , 2$II, not $127,600! Determ ine the value of t he property and avoid overpaying, How much is that knowledge worth?

UP G RA Q E5 Enter current asking pr i ce and determine if that flip will cover your costs to improve, pay expenses , and Tast il non i aEs a «d Reviews seruiCe your debt. Easily adjust the property Crick to View V ideo Tutorials purchase price upward or downward to see the effects and determ ine the maximum you should pay . LIVE Analysis Olasses_

7-Page detailed Rehab, Budget & Costing Budget, Rehab & Performance Tracking Canada and Australia Estimator, Report

Go raadian Ver_F€on Estimate the costs of rehab projects by using our Easily track your rehab, proji"t and house flipping Austral i an Siecslon detailed cost i ng screen . We have national costs and compare them to the projected analysis . averages built in to help guide you . The estimated Calculate you actual cash on cash return . costs flow directly to the cash flow analysis report which shows you your cash flow and rate of return . The rep ort can also assist yo u at income tax preparation time!

7-Page home inspection report & Compute federal and state i ncome taxes . photo album Quickly determine the tax benefits that would be Use our detailed inspection report the next time you generated from awning the rental property .

h tip : J 1ww w.rentalso fcmrar e .coml Flippi ng-fe a tures .h tr ri Page 1 of 3 House nipping Software F eatures 1118111 7:42 any

are inspecting a property . The report has a pace Evalua t e your rental properly with or with ou t for a Grade , Item Description, Po 3 ential Issuer, and income lazes . Notes . Our software i s updated for all new tax haw s, Feel free to modify the report to suit your needs . rc• o n es 44 Up to 24 Month I ncome Tax Reports

... ~i. .~,

Calculate Flip Profit & Cash an Cash Rehab Project Scheduler and Gantt Return. Charts

Cash on Cash Return is calculated for eat[) month En ter up to 96 d ifferent events and create a f'° n of property ownership . The calculation is a function h r for your project . of the initial investment you make compared to (he cumulat ive cash flow generated . Easily determine if your required return on investment wall be met,

Sa n1 l)I c 6 ey, "_'.d, iNj i kh (';1s1} Plug 12cixis' l

Determine the effects of capital Analyze up to 30 units per property . improvements on profitability, Analyze an unlimited number of properties, and Sure, .. ;hat property looks like a great investment eas ily enter your rent roll and expenses for vp to now, but what happens to your return if you have to 30 rental units per property . . . and simply mod i fy replace the carpet, or roof? What happ ens to your the software if you need more units . Enter annual cash flow? Can you afford it? Now you can easily tease rate increases and increase annual project the effects by entering future improvements expenses by an Inflationary amount . for any month of the 12 or 24 month analysis .

You can also el e ct to have Imprnvgments adjust t he fair market value of the properly .

Forecast your property's cash flow up to + 4' Determine the best month to sell the 24 months . property . Evaluate your house flip', performance monthly up The information generated from your analysis will to 24 months . A cash flow analysi s is computed for help you determine the best month to sell the each m onth along with a complete sale property . You will be able to compare the monthly computation . and annualized rate of return, cumulative cash generated and other ratios and financial You now can easily see how your real estate Rip information . investment would do at the end of each and every Projected Month . These co rnpulations are Our software helps paint a picture and he lps you summarized in an easy to read report and i s Forecast which month you need to exit from the graphed . i nvestment .

Print presentational-quality reports & Compete 2 new or assumed loans . graphs . Interest expense and payment obligations are

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Easily print reports that summarize your property's automatically computed, T he software includes financial performance, Use the reports to compare i nterest-only and "accrue" versus "pay monthly" to other i nvestments, to obtai n financing from option s. bankers, or to illicit i nv estor ca pital . Easily print amortization s chedules showing the mortgage information .

I Isrr Ciuidc Flipper's & Rehabber's . .J . 1 .. v 1.... ~ ..~ .~ . Cash Flow Analyzer (Click to Yie+vf `Buy Now $99.95 ~ Nardcopy Shipped Download Now with CD & Manual Shipped

Free technical support

Renta l Software .com L LC 1 375 Rockbridge Rd, Su i te 17 2 Lilburn, GA 30 04 7 1 866-290-4183 Free Audio Conta~ Sig HornC _QD_ Su3?324 LtPLL~g MAD

C opyri ght OO 1993 - 201 1 Cas h Flow Analyzer Q All righ ts reserved .

Note Buyer's Software I Laqdlo[{{Sftware I Tax _Lien Software I Real EPA I Landlord Book & Real Mate Forms

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J ! The AM Real Fsuft DAILY UPDATES r• r The ~+r~~ ~ Investinge FORECLOSURESCLICK HERE FOR I ,~ ,a,., S C m un invesror~ O m ~ ~ Site Search~

Sell A Product I Search ~ Shopping Cart I Reviews ~ Most Login ~ Join FREE ( Invite Others New! I Popular ~ Freebies Subscribe I HELPI

VISA' Forum Top ics Products & Services • First Time Investor. -Bought. $$L Some Tax Liens In I 1.. Credit Search 2? M Card I F Products ` ' ' Sew s It L .eaal o e Pro s~mt Secure Co . To NOT Give YouA q~ Copy Of Their ease (with ~ ' I Se ll Your Product -Jn~taQuz ~l TCI Price Match Guarantee ] The Tenant) Q I Most Popular • FreedomsoL j naded? Random I Shop8.BY. Author Products I

la FWa Category : NkWSo e 1 Rehab • Thanks Joel • Where Do I Get A List Of Software specific to Rehabbers . Enter your property , estimate the expenses, and do the deal, Safe Dues For Forednsures ...... _ --- .- ...... -. Orange County Flobdg? • Need Good Advice Douglas Ruthe rfo d - Flipper Regarding Rural Pragertv: r Yrsinia- • LoginaFor r I Add to Shopping Cart , "Owner Financing" In GA from ~w Dam Write4139figmi View Reviews gQ Qn damc Getting Van dal ized ------The Flippers & Rehabbers Cash Flow Analyzer software helps to quickly project cash flow, profit, Comments and rate-of-retum on a short-term flips . Know if that flip will be profitable before investing . Easily create presentational reports for lenders and partners . * My MLS Comparative .. . • I cant tellY2u. . .

• Missed stating the- Now An Eas ier Way , This is a area... • I recommend, you.. . to • TheM are sQ=... • First off I would ... Evaluate A Real Jason Readina . .. • Hey Estate Flip. 703-778-5755 Loaf Probfgms? 3sies Flipperps & Rehabber's C as h Flow AnalyzerQ Sungort k View TLdQrlal Recommend Us H1ston1 a nd Puroose of As a short-term real estate investor, you need a very easy-to-use tool that will quickly calculate cash flow, profit, a budget, and the investment return for a potential flip . Q And once you have done so, you need to be able to easily print or Advertise on our site Advertising Loal n email the presentational-quality reports to lenders or investors . Sell, Your Product Here? Thus, we created the Flipper's & Rehabber 's Cash Flow Analyzer*.* Our real estate and house flipping software helps you better analyze rental property flips because the investment is analyzed on a month-to-month basis, and cash-on-c ash return is calculated including the projected rehab expenses.A Reports can be

http;ll www.thecrea tivelnv es tor.co m! Product3 5 0-Flipper.html Page Z of 5 Flipper : Douglas Ruthetford 1118111 8 :0 1 AM

printed in a snap and emailed using our PDF software that is included at no additional charge. A Now you can evaluate a property on a month-to-month basis for up to 12 & 24 months . A

Hello, I'm C3aua Ruttie rfo~ cf, CPA, founder of Landlord Software .com LE-C,# In 1993, I developed the Landlord's Cash Flow Analyzer d for several of my real estate cl i ents who needed a betterway to evaluate their r ental property roves#ments .~O The software was geared toward t he long-term investor,

h ave now created a brand new software package that allows the short-term flipper to use the same powerful tools, features , graphs , and .charts that are contained in the Landlord's Cash Flow Analyzer # Pro, but I have ta ilored it for you, the clipper .

Analyze a property over a 12 & 24-inonth period

Determine if the property is discounted enough to make the flip worthwhile

Schedule up to 96 different events in the new project scheduler & Gantt charts

See how your cash flow is affected by property improvements

NOW you can easily budget for those expenditures

Includes detailed rehab costing & budgeting schedule

Easily e ;rnail or pr~nt POF reports toy ~2ndefs and investors

The real estate flipping cash How tpo[ you've been searching for to help you choose the right investment properties .

"Doug,

have downloaded the dipper 11 . 1 .2 and i t "bl ew me away " . ., what a pi ece of software! 41~ It's exactly what I've been look ing for . . ."

Lou Hansen R"schland, WA

"Doug,

Your "Flipper" software is excellent* I am somewhat of a novice investar .A I own abong-term property in Hawaii, a mid-term property in Vegas, and I'm now working on a short-term Tip1ee type in San Diego . CA ." The flipper software has beep very usefu l for determining an appropriate debt service structure as well as the timing of a future sale* I could have created these spreadsheets without "paying" for it, but your software has save d me a TO N of time on software development, while at the same time, has given me the freedom ta'sfice & dice' the formatting however I please ."*

L]r-, n o ., ., non,,,, rn

I)cc p : fi www. [ he creatlue9nvesto r,com JProduct354-Fllpper .htm l Page 2 of 5 Flipper : pauglas Rutherford 1118/11 8:01 AM

V s vi if v . - u a e r utCyu, a-n I

Flipper's & Rehabber' s Cash Flow AnalyxerO Softwa re F eatures

View Tutorial

Determine the value of the pro perty a nd Cal cul ate Cash on Cash Return . A avoid overpaying . -0 Cash on Cash Return is calculated for gaQi Enter current asking price and determine if man of property ownership . t) The that flip will cover your costs to improve, pay calculation is a function of the initial expenses, and service your debt .0 Easily investment you make compared to the adjust the prope rty purchase price upward or cumulative cash flow generat8d .0 Easily downward t o see the effects and determine determine if your required return on the maximum you should pay . investment will be met-,0 A

. 7-Page detailed rehab, budget & costing . ` :`:bar Budget, Rehab & Performance ~ estimator . Tracking Report

Estimate the costs of rehab projects by using Easily track your rehab and project costs and our deta iled costing screen . We have compare them to the projected analysis, Q national averages bu ilt in to help guide Calculate you actual cash on cash return . you .* The estimated costs flow directly to the cash flow analysis report wh ich shows The re port can also assist you at income tax you your cash flow and rate of return , prepa ration time !

A « f?Goai Seek & Sensitivity Analysis,41~o . Rehab Project Scheduler and Gantt 40, Quickly and easily solve backwards to Charts determine the purchase price, sales price, or the maximum rehab expenses Enter up to 96 different events an d create a you can incurs to attain your required Gantt chart for your project. desired return!

Example : You input information on a 7-Page home inspection report. property with an asking price of $150 ,ODQ.¢ The software computes a Use our detailed inspection report the next cash on cash return of only 6°/n .40 You time you are inspecting a property .O The want to know what the purchase price report has a place for a Grade, Item should be to earn 15% .+> You simply Description, Potential Issues and Notes . enter 15% into the Goof Seek and the program will solve backwards and tell Feel free to modify the repor t to suit your you what that purchase price needs to be needs . to obtain a 15% return! A 10

Determine tile effects of capital . Compute federal and state Income A improvements on prgfita bi liiy.,o faxes.t~*

Sure . ., that property looks l i ke a great Quickly determine the tax benefits that would investment now, but what happens to your be generated from owning the rental return if you have to replace the carpet, or property .-O Evaluate your rental pro pe rty with roof?A What happens to your cash Flow?f} or with out income taxes-10 See the effects of Can you afford it?t? Now you can easily your cash flow if your losses are limited by project the effects by entering future the passive activity rules.A Our software is improvements for any month of the 12 or 24 updated for the new federal capita) gain tax mont h anafysiS.Q rates that were recently enacted . Read thg new tax law : You can also elect to have improvements adjust the fair market value of the property .

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A

r Fore cast your pro perty's cash flow for 1 2 . Determine the b est month to sell the Q or 24 mo nth s.Q praperty.fk

Evaluate your rental property 's performance The inform ati on generated from your analysis over a monthly over 12 months .* A cash will help you determine the best month to sell flow analysis is computed for each year the property . You will be a ble to compare along with a complete property sale the monthly and annu alized rate of return, computation .* You now can easily see how cumulative cash generated and other ratios your investment would do at the end of each and financial information .* Our software and every projected month .* These helps paint a picture for you and helps you computat ions are summarized in an easy to forecast when the property may start read report and is graphed . und erperfarming . A If the performance is A below your requirements, that may suggest you to avoid or exit the investment . A

. Ana lyze up to 30 units .A . Determine how mu ch rent to charge.* t7

Analyze an unlimited number of properties, Simply enter the market rental rate or your and easily enter your rent roll and expenses estimate and quickly determine if your for up to 30 rental units per property ... and expenses will be covered.* Easily increase simply modify the software if you need more or decrease the rent amount to see the units .* Enter annual lease rate increases effects on the bottom line. and increase annual expenses by an inflationary amount .* A . Print presentational-quality reports & • Compute 2 new or assumed loans./ graphs,4, interest expense, and payment oblig ations Easily print reports that summarize your are automatically computed .* Includ es an property's financial perFormance A Use the interest-only option and adjus . table rate 40~ reports to compare to other investments , to mortgages (ARM) option. Print amortization obtain financing from bankers , or to illicit schedules showing the mortgage in formation . investor capital . A

. Allow for foreclosure and below -market . Plus calculate i mportant fi nancial ratios .A p urchases.r)~ ~

The cost of th e property may not always be the fair market valu e especially when you are buying pro perties at distresse d prioes. A Th e software quickly computes the return on the spread. AForecast and determine the future Net Cumulative Cash Monthly Property Sa le property value by entering a projected growth Generated Analysis rate . Determine th e tax implications an cash flow from sale .

Perform what-if calculations ."

Change your input over and over to see w hat the effects would be on the bottom line. Annual Ownership ash on Cash Return Download the User Guide Percentage* in Word or PDF

JR1 A Hardcopy 40 82 game User Guide and ManualA 10 0 (Click to View)

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A

$79.95 use + $8.00 USO setup/SSM Add to Shopping Cart I Added: 27-Sep-2005, Views:

Real Estate News I Real Estate Investing Articles j dal EskaWDyestinq urus I Real Ea+,aSgForums I Real Estate Lenders I Real Estate Investing Groups I Real Estate Course Revievus I Real Estate,ggnrices ~ Real Estate Co urses , Investment,, Pro e #ies I Real Estate Search I Commercial PMperties j sand Fo r &k I Houses For Sale,_ I Horses For Rent I Real Estate Camas I Sel l House Quick I Sell Bou-se Fast

Th e Creative Investor web site was created for Landlords, Property Manag e rs and Real E state Investing oommunIty. Through using our forums, investors will be able to talk about finance, no down payment purcha ses, debt payoff, purchase strategies and Current real estate news . Privy Agreement and p mts 4 ,CJs@ . All logos and trademarks [n this site are prop e rty of their respective owner. The comments a re property of their posters, all the rest 2002 by Prop Bot.oom.C. l.-L

htt p :/ J www. the creat ive inves tor , com l Produc t 35fl-Fl l pper. ht ml Page 5af5 Appendix E U .S . TRADEMARK APPLICATION NO . 77903900 - LIST AN D F LIP - N IA 3/ 171 11 11 :48 PM

ument Description : Offc Action Outgoing Mail / Create Date: 02-Apr-2010

Next Page You are currently on page 1 of 11

To: John Alexander ( c, n ' ay h ti i Subject: U .S . TRADEMARK APPLICATION NO . 77903900 - LIST AND FLIP - N/A Sent: 4/2/2010 4: 09 : 56 PM Sent As: ECOM 1 03 @USPTO .GOV Attachments: Attachment - t Attachment . 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO : 77/903900

MARK : LIST AND FLIP *77 * CORRESPONDENT ADDRESS 903900 JOHN ALEXANDER RESPOND TOTHIS ACTION : 6700 WOODLANDS PKWY hen:/ .vww ~spto.gov/tees/eTEASI?ageD.htm THE WOODLANDS, TX 77382-2575 GENERAL TRADEMARK IN FORMATION: H'w w uti o in do '.• htm

APPLICANT: John A lexander

CORRESPONDENT'S REFERENCE/ DOCKET NO : N/A CORRESPONDENT E-MAIL ADDRESS : graystonejohn@hotmail .com

OFFICE ACTION

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TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.

DATE : 4/2/201()

IS MERELY DESCRIPTIVE

Registration is refused because the applied-for mark merely describes the subject matter of applicant's services. Trademark Act Section 2(e)(1), 15 U .S .C . §]052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq.

A mark is merely descriptive if it describes an ingredient, quality, characterist ic, function, feature, purpose or , use of the specified goods and/or services . TMEP §1209.01(b); see In re Steel6uidding.com, 415 F.3d 1293, 1297, 75 USPQ2d 1420, 1421 (Fed . Cir. 2005); In re Gyulay, 820 F.2d 1216, 1217-18, 3 USPQ2d 1009, 1010 (Fed. Cir. 1987).

The applicant has applied to register LIST AND FLIP for educational services, namely providing classes, seminars, and workshops in the field of real estate investment, and printed and pre-recorded audio and video course materials distributed in connection therewith .

The applicant's service presumably teaches students how to list and flip real property . As applicant indicated in the application as filed, to "list" property is "the placing of real property into the Multiple Listing Service which is a national real estate listing service," and to "flip" it means "reselling of real property after its purchase by investors ." See attached additional definitions which confirm this .

Therefore, registration is refused under Trademark Act Section 2(e)(1) . Two major reasons for not protecting descriptive marks are (1) to prevent the owner of a descriptive mark from inhibiting competition in the marketplace and (2) to avoid the possibility of costly infringement suits brought by the trademark or service mark owner. In re Abcor Dev . Corp., 588 F.2d 811, 813, 200 USPQ 215, 217 (C .C.P.A. 1978); TMEP §1209. Businesses and competitors should be free to use descriptive language when describing their own goods and/or services to the public in advertising and marketing materials . See In re Styleclick.com Inc., 58 USPQ2d 1523, 1527 (TTAB 2001).

Although the examining attorney has refused registration, the applicant may respond to the refusal to register by submitting evidence and arguments in support of registration . If the applicant chooses to respond to the refusal to register, the applicant must also respond to the following informality .

DISCLAIMER

Applicant has disclaimed the entire applied-for mark . However, an entire mark may not be disclaimed . TMEP §1213.06 ; see 15 U.S.C. §i056(a); In re Dena Carp, v. Belvedere Int'1lnc., 950 F.2d 1555, 1560, 21 USPQ2d 1047, 1051 (Fed . Cir. 1991) ; In re Carlsorr, 91 USPQ2d 1198, 1203 (TTAB 2009); In re JT Tobacconists, 59 USPQ2d 1080, 1081 n.l (TTAB 2001) . If the applied-for mark is not registrable as a whole, a disclaimer will not make it registrable. TMEP § 12 1 3.06 .

I Therefare, the applicant must withdraw the disclaimer.

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/James T. Griffin/ Examining Attorney, Law office 103 (S7 1)272-9169 Informal communications only : jim .griffin@uspto .gov

RESPOND TO THIS ACTION : Applicant should file a response to this Office action online using the form at waiting 48-72 hours if applicant received notification of the Office action via e-mail . For technical assistance with the form, please e-mail TF-ASn~ =to,,gav. For questions about the Office action itself, please contact the assigned examining attorney . Do not respond to this Office action by e-mail ; the USPTO does not accept e-mailed responses .

If responding by paper mail, please include the following information : the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response . Please use the following address : Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451 .

STATUS CHECK: Check the status of the application at least once every six months from the initial filing' date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at htt.p;//tarr,us E . g_ . When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney .

T_Q R Home

This document may be displayed as a PDF file containing images without text . You may view online or save the entire document by clicking on the file download icon in the upper right corner of this page . I viewed F s t this D I 2

If you need help:

• General trademark information : Please e-mail Ti-ctclem(irkAssLrtccnce Centei•@ua)rn_,.~=nip, or telephone either 571-272-9250 or 1-800-78b-9199 . • Technical help : For instructions on how to use TDR, or help in resolving technical glitches, please e - mail TOREcr.sntn .nrly. If outside of the normal business hours of the USPTO, please e-mail L,=), r Business SuP,2nrr, or call 1-80a-78f-9199 . • Questions about USPTO programs : Please e-mail USPTO Contact Center ( UCC ).

Please Note :

http:/l tmportal. uspto .govlextemal J PA TOWUse rlnterface / ppenServl . . .=pOA&currerr tPage = 1&rawNum - 2&rowGount = 4&formattedDate =02-Apr - 2010 Page 3 of 4 i1 .5 . TRADEM ARK AP PL ICATION N O. 77903 9 00 - LIST AND FLIP - N JA ]1 17111 11 :08 PM

• The Mail/Create Date is the date the document was loaded into the database ; it is not necessarily the mailing date from which the response period, if any, flows . The mailing date is available in the prosecution history in TARR . • Some filings made through the Trademark Electronic Application System (TEAS) are not uploaded immediately into TDR. Instead, it may take approximately seven (7) calendar days for the upload . If that amount of time has passed and your filing is still not appearing, please e-mail Mj3@ u.WL~ X,.nv.

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:ument Description: Offc Action Outgoing Mail 1 Create Date : 30-Mar-2010

9~Nex ~You are currently on page 1 of 4

To : Appl ied Education LLC (cro meo l 4 !Jyahoa .cQ,m. ) Subject: U .S . TRADEMARK APPLICATION NO . 77907440 - FLIPPING WITHOUT FLOPPING - NIA Sent: 3/30/2010 12 :23:18 PM Sent As: ECOM 102 @ USPTO .GOV Attachments: Attachment - I Attachment- 2

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 77/907440

MARK: FLIPPING WITHOUT FLOPPING *77 7440* CORRESPONDENT ADDRESS : 90 DALESSANDRO, CAROL ANN RESPOND TO THIS ACTION: 115 CHOPIN DR httll :Ihvww.usRta.goy/teas/eTEA$pa geD,htm WAYNE, NJ 07470-6264 GENERAL TRADEMARK INFORMATION : httn:/li,ii3Lw.us to.govlmainltradema_r_k&htm

APPLICANT: Applied Education LLC

CORRESPONDENT 'S REFERENCE/DOCKET NO: N/A CORRESPONDENT E -MAIL ADDRESS cromeo [email protected]

OFFICE ACTION

AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE T10N WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE .

ISSUE/MAILING DATE: 313[1/21110

The referenced application has been reviewed by the assigned trademark exam ining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C . §1062(b)-, 37 C .F.R. §§2.62(a), 2.65(a); TMEP

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§§711, 718. 03.

agarch of the Office Records

The trademark examining attorney has searched the Office's database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(4).

DISCLAIMER REQUIRED

Applicant must insert a disclaimer of FLIPPING in the application because the term(s) merely describes a subject matter of services . See 15 U.S .C . § 1054(a) ; TMEP §§1213, 1213 .03(a) . See the attached definition which shows FLIPPING merely describes to buy and usually renovate (real estate) so as to quickly resell at a higher price.

following is the accepted standard format for a disclaimer :

No claim is made to the exclusive right to use "FLIPPING" apart from the mark as shown .

TMEP § I213.08(a)(i).

A disclaimer does not physically remove the disclaimed matter from the mark, but rather is a written statement that applicant does not claim exclusive rights to the disclaimed wording and/or design separate and apart from the mark as shown in the drawing . TMEP § § 1213, 1213. 10.

Applicant must explicitly address each issue raised in this efface action. If a refusal has issued, applicant may wish to argue against the refusal, i .e., submit arguments and/or evidence as to why the refusal should be withdrawn . To respond to requirements, applicant should set forth in writing the required changes or statements .

The response must be signed by the individual applicant or by a person with legal authority to bind a juristic applicant (e.g., a corporate officer, the equivalent of an officer for unincorporated organizations or limited liability companies, a general partner) . See TMEP §§611 .03(b), 611 .06 et seq ., 712.01 . In the case of joint applicants, all should sign . TMEP §611 .06(a). The proper signatory must personally sign or manually enter his/her electronic signature. TMEP §§611 .01(b), 611 .02.

(TEAS PLUS APPLICANTS MUST SUBMIT DOCUMENTS ELECTRONICALLY OR SUBMIT FEE : jApplicants who filed their application online using the reduced-fee TEAS Plus application must continue to submit certain documents online using TEAS, including responses to Office actions . For a complete list of these documents, see TMEP §819.02(b). In addition, such applicants must accept correspondence from the Office via e-mail throughout the examinat ion process and must maintain a valid e-mail address . 37 C.F.R. §2.23(a)(2); TMEP §§819, 819 .02(a). TEAS Plus applicants who do not meet these requirements must submit ~.an additional fee of $50 per internat ional class of goods and /or services . 37 C .F.R. §2.6(a)(1)(iv), TMEP §$19.04, Responding by telephone to author ize an examiner 's amendment will not incur this additional fee.

http:!l tmportal.uspto .gov l external/ PA 70WUSer l nterfacelOpenServl ., .=A0A¤tPage=1&rowNum=3&rowCount=7&formartedOate-30-Mar-2010 Page 2 of 4 1f,5 . TRADEMARK APPLICATION NO . 77907440 - FLIPPING WITHOUT FLOPPING - NIA ( 1 17 /11 11 : 13 PM

/Anthony M. Rinker/ Trademark Examining Attorney Law Office 102 571-272-5491

RESPOND TO THIS ACTION : Applicant should file a response to this Office action online using the form at httI2 ://%vn~v~v.usnto.Vcv/tee e_T_EAS12a~e I3,hltn, waiting 48-72 hours if a pplicant received notification of the Office action via e-mail . For technical assistance with the form, please e-mail TEASn.us}2to,gov. For questions about the Office action itself, please contact the assigned examining attorney . Do not respond to this Office action by e-mail; the USPTO does not accept e-mailed responses .

Ifresponding by paper mail, please include the following information : the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451 .

STATUS CHECK: Check the status of the appl ication at least once every six months from the initial filing date using the USPTO Trademark Appl ications and Registrations Retr ieval (TARR) online system at l tt :l usVto. g0 . When conducting an online status check, print and mainta in a copy of the complete TARR screen. If the status of your applicat ion has not changed for more than six months , please contact the assigned examining attorney.

TDR Home

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Ifyou need help :

• General trademark information : Please e-mail Trcrdenjuy'IiAS.A}sl(!! tC'CC8111f'P@ !!.5'~n11,fl~!)4~, or telephone either 571-272-9250 or 1-800- 786-9199 . • Technical help: For instructions on how to use TDR, or help in resolving technical glitches, please e- mail TDRCus rn o •901 . If outside of the normal business hours of the USPTO, please e-mail Electronic B_ s1nes,s Support, or call 1-800-786-9199 . . Questions about USPTO programs : Please e -mail U5PT0 Contact Center (UCC) .

Please Note:

• The Mail/Create Date is the date the document was loaded into the database ; it is not necessarily the mailing date from which the response period, if any, flows . The mailing date is available in the

hlt p:lltm porcal .us pto .govJexternal l PA 70 WlJst rlnterfa[e/Qne nServl .. .agOA&c u rrentPage =1 &row N um-3&rowCount=7lrformattedQate=30-Mar-2010 Pag e 3 of 4 US, TRADEMARK APPLICATION N0 . 77907440 - FLIPPING WITHOUT FLOPPING - N /A 1/17/11 11 : 13 PM

prosecution history in TARR . • Some filings made through the Trademark Electronic Application System (TEAS) are not uploaded immediately into TDR . Instead, it may take approximately seven (7) calendar days for the upload . If that amount of time has passed and your ffang is still not appearing, please e-mail TDRCa?uslatc3,,grrtir .

http :(rt mportai .u sQ to .g nvlexiernali PA T QUlltserlaterfa[e / OAertSe tv l . . .-00 A6curientPage = 1&rawNum =3 & rrnivCount - 7&Formatted0ate = 30-Mar-2010 Page 4 of 4 TRADEMAR K APPLICATION NO. 77 08941 7 - FLIPPING HOMES - 646-0003 1/17/ 11 1 1 :14 PM

:ument Description: Offc Action Outgoing Mail / Create Date: 10-May-2007

r-,Nex ~ You are currently on page i of 35

To: Home Traders Group , LLC (fi•ederick .samuels Cl cahnsamuel s .corn ) Subject: TRADEMARK APPLICATION NO . 77089417 - FLIPPING HOMES - 646.0003 Sent: 5/10/2007 5:43 : 59 PM Sent As: EC4M113@USPTO .GOV Attachments: Attachment - 1 At ch nt„=2 Attac, h=nt_- 3 t' i - 4 Attachment - 5 Allachmelil - 6 Attachnient -- 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - i_I Attachment - 12 Attachment - 13 Attachment - ~4 1 - 15 Attachment _- tfi Attachment - 17 Attachment - 1 8 Attachment - 19 Attachment - 20 Attachment - 21 Attachment - 22 Attachment - 23 Attachment - 24 Attachment - 25 Ate met-2 Attachment - 27 Attachment - 28 Attachment - 29 Attachment - 30 fittp;lltmporta{.uspto .gov/ extemal lPA TOWUse rlnte rface lOpen S erv l . . .00Adcur re nt Page - 1&rowNum-2& rowCountr5&format tedDate= lO-Ma y-20 Q7 Page F of 6 TRADEMARK APPLICATION NO. 77 0894 17 - FLIPP ING HOMES - 646 .0003 1 /17/ 11 1 1 :1 4 PM

Attachment - 31 Attachment - 32 Attachment - 33 Attachment - 34

m In UNITED STATES PATENT AN DTRADEMARK OFFICE

SERIAL NO : 771089417

APPLICANT : Home Traders Group, LLC *77089417 * CORRESPONDENT ADDRESS RETURN ADDRESS : FREDE RICK N . SAMUELS Commissioner for Trademark s CAHN & SAMUELS, LLP P .O. Box 145 1 2000 P STREET, NW Alexan dria, VA 22313-145 1 SUITE 200 WASHINGTON, I L 20036

MARK : FLIPPING HOMES

CORRESPONDENT'S REFERENCE/DOCKET NO: 646.0003 Please provide in all correspondence : I . Fi ling date, serial number, mark and CORRESPONDENT EMAIL ADDRESS : applicant 's name. 2. Date of this Office Action. Frederick.samueis@cahnsamuels .com 3. Examining Attorney' s name and Law Office number. 4, Your telephone number and e -mail address .

OFFICE ACTION

TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE .

MAILING/E-MAILING DATE INFORMATION : If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at httj2 ://tarr. uspto4gv/, inserting the applicat ion serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communicat ion.

(Serial Number 77/089417

TEAS PLUS APPLICANTS MUST SUBMIT DOCUMENTS ELECTRONICALLY OR SUBMIT FEE : TEAS Plus applicants should submit the following documents using the Trademark Electronic Application System (TEAS) at :llwAw.uspto.gov/teas/inclex.kiirnl : (1) written responses to Office actions ; (2) preliminary amendments; (3) changes of correspondence address; (4) changes of owner's address ; (5) appointments and revocations of attorney ; (6) amendments to allege use; (7) statements of use; (8) requests for

htip :/ ) tmpnrtal . uspto . gav l external / PA_70WUserl nterfacel OpenServl ... QOA&cur r entPage a F6rowNum-2&rowCount - 5&formattedDate=lO-May-2007 Page 2 of 6 TRADEMARK APPLICATION NO . 77084417 - FLIPPING HOMES - 646,0003 1 J17/1 1 1 1: 14 PM

extension of time to file a statement of use, and (9) requests to delete a § 1(b) basis . If any of these documents are filed on paper, they must be accompanied by a $50 per class fee . 37 C .F.R. §§2 .d(a)(1)(iv) and 2.23(a)(i). Telephone responses will not incur an additional fee . NOTE: In addition to the above, applicant must also continue to accept correspondence from the Office via e-mail throughout the examination process in order to avoid the additional fee . 37 C .F.R. §2 .23(a)(2).

The assigned examining attorney has reviewed the referenced application and determined the following :

Seamh Re k The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U .S .C. Section 1052(d) . TMEP section 704.02.

Registration is refused because the proposed mark merely describes features of the applicant's goods and services. Trademark Act Section 2(e)(1), 15 U .S.C. § 1052(e)(1); 'FMEP § § 1209 et seq.

A term need not describe all of the purposes, functions, characteristics or features of the services to be merely descriptive. For the purpose of a Section 2(e)(l) analysis, it is sufficient that the term describe only one attribute of the services to be found merely descriptive . In re H. U.D.D.L.E., 216 USPQ 358 (TTAB 1982); In re MBAssociates, 180 USPQ 338 (TTAB 1973) ; TMEP §1209 .01(b).

The applicant seeks to register the mark FLIPPING HOMES for digital recordings and online journals featuring information for real estate investors and for providing real estate information . The examining attorney references the attached web pages, obtained via an Internet search using the Google(& search engine, showing common descriptive use of FLIPPING HOMES in reference to the act of buying properties, improving them, and then selling them for a profit. Presumably, the recorded media and online information and journals provided by the applicant feature information about flipping homes, as this is a type of real estate investment . Because FLIPPING HOMES is the subject matter of the applicant's goods and services, the proposed mark is merely descriptive and registration of the mark is refused under Trademark Act Section 2(e)(1) .

(though the trademark examining attorney has refused registration, applicant may respond to the refusal to gister by submitting evidence and arguments in support of registration .

If the applicant has any questions or needs assistance in respond ing to this Office Action, please contact the assigned examining attorney .

/Kimberly Fryel Trademark Examining Attorney Law Office 1] 3 (571) 272-9430 (phone) (571) 273-9430 (fax)

OF NEW PROCEDURE FOR E-MAILED OFFICE ACTIONS : In late spring 2007, for any who authorizes e-mail communication with the USPTO, the USPTO will no longer directly e-mail the http:ll tmp orta 4 .uspto . govlexternal J PATOWUserlnterface l bpcnServl . ..OpA acu rrent Fage-ld rowNum =2&rowCoun t= 5&formattedDa te=10- May -2007 Page 3 of 6 TRAD EMARK APPLICATION NO . 770 894 17 -F LIPP I N G HOM ES - 6 4 6 .0003 1 / 17 111 1 1 : 14 PM

actual Office action to the applicant . Instead, upon issuance of an Office action, the USPTO will e-mail the applicant a notice with alink/web address to access the Office action using Trademark Document Retrieval (TDR), which is located on the USPTO website at l ittp :li o~-tol_ugpig,~-,ovlexternal/pi2rtalltnw . The Office action will = be attached to the e-mail notice . Upon receipt of the notice, the applicant can then view and print the actual Office action and any evidentiary attachments using the provided link/web address . TDR is available 24 hours a day, seven days a week, including holidays and weekends . This new process is intended to eliminate problems associated with e-mailed Office actions that contain numerous attachments .

HOW TO RESPOND TO THIS OFFICE ACTION: • ONLINE RESPONSE: You may respond using the Office's Trademark Electronic Application System (TEAS) Response to Office action form available on our website at ~j,~~ll~yww~ is}.govlteaslind~~ .l~~tnl . If the Office action issued via e-mail, you must wait 72 hours after receipt of the Office action to respond via TEAS . NOTE: Do not respond by e-mail. THE USPTO WILL NOT ACCEPT AN E-MAILED RESPO NSE . • REGULAR MAIL RESPONSE : To respond by regular mail, your response should be sent to the mailing return address above, and include the serial number, law office number, and examining attorney's name . NOTE: The filing date of the response wi ll be the date of receipt in the Office, not the postmarked date. To ensure your response is timely, use a certificate of mailing . 37 C.F.R. §2.197.

STATUS OF APPLICATION : To check the status of your application, visit the Office's Trademark Applications and Registrations Retrieval (TARR) system at bU4?;lltrr.us~ tc~.gov . i VIEW APPLICATION DOC UMENTS ONLIN E: Documents in the electron ic fi le for pending applications can be viewed and downloaded online at IlUp:/ ortal.uspta,govlexternal/ on rtal/t 0v .

GENERAL TRADEMARK INFORMATION : For general information about trademarks, please visit the Office's website at htt :Iln -vvww,us to.gav/main/ti;4Wemarks.htm

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION , PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE .

Note:

I n order to avoid size limitation constraints (3!1 large e-nfail messages, this Office Action has been split into S smaller c-mail. messagesThe Office Action in its entirety consists of this message as Ivell as the jfollowing attachments that you will receive in sep-.iratc messages :

Email I includes the following 5 attachments 1 . Flipl-l 2. Flipl-2 3 . Flipl-3 4. Flipl-4 5. Flip2.1

Email 2 includes the following 9 attachments l . Flip2-2 2. Flip3-1 hn p:J/ crnportaLus pt o.govi extemallPA TOWilser lnte rfac elOpen Serv l . ..00A¤tPa ge= 1&rowNU ma2&rowCo unt=5&FormattedDate-lO -May-2 007 Page 4 of 6 TRAD EMARK APPLICATION NO. 77 0894 17 -F LIPPIN G HOMES - 646 .0003 11 171 11 1 1: 14 PM

3 . Flip3-2 4. Flip3-3 5. Flip3- a 6. Flip3a-1 7. Flip3a-2 8. Flip3a-3 9 . F lyp3a-4

Email 3 includes the following 7 attachments 1 . Flip4-1 2. Flip4-2 3 . Flips-i 4. FIipS-2 5. FlipS-3 6. F1ip5a- 1 7. FlipSa-2

Emai14 includes the following 8 attachments 1 . Flip6-1 2 . Flip6-2 3 . Flip6-3 4. Flip6-4 5. FIip7-1 6 . Flip?-2 7 . Flip?-3 8 . Flip8-1

Email 5 includes the following 5 attachments 1 . Flip8-2 2 . Fiip8-3 3. Flip9-1 4. FIip9-2 5 . Flip9-3

Please ensure that you receive all of the aforementioned attachments, and if you do not, please contact the assigned-examining attorney.

TD Home

This document may be displayed as a PDF file containing images without text . You may view online or save the entire document by clicking on the file download icon in the upper right corner of this page . I rgguired PDF viewer) F you seeing only tine first e of this PDF document?

If you need help:

http : { jt mpanal . usplo. gov l extesssal~Pl4_T4WUse r lnte~face )Open5esvl. . . OpA&cursentRage= 18,rowNam = 2&rowCnu nt = 5&form attsdDate =l0 -ok ay- 20U7 Page S of 6 TRADEMARK APPLICATION NO. 7708941 7 - FLIPPING HOMES - 646 .0003 11 17 /1 1 11 : 14 PM

• General trademark information : Please e-mail Trr~d~'l91G1'IiAS'SL,CIflilceCe,uc~rC'rrs~~tn~nv, or telephone either 571-272-9250 or 1-800-785-9199 . • Technical help : For instructions on how to use TDR, or help in resolving technical glitches, please e- mail 7DR@uspro.&~V. If outside of the rrormal business hours of the USPTO, please e-mail F_ rtrn ' Business $rrl~nnrt, or call 1-S0D-?86-9199. • Questions about USPTO programs : Please e-mail PT4 Ctirttact Center LCICC').

Please Note:

• The MatllCreate Date is the date the document was loaded into the database ; it is not necessarily the mailing date from which the response period, if any, flows. The mailing date is available in the prosecution history in TARR . • Some filings made through the Trademark Electronic Application System (TEAS) are not uploaded immediately into TDR . Instead, it may take approximately seven (7) calendar days for the upload . If that amount of time has passed and your filing is still not appearing, please e-mail TUR @ u.s .12rn.gr>~~ .

htt p : / Amportal .us pto .govlexter na l/ PA TOWUse r lnterface l O penServl .. .00A&cu rrentPa g e = 1&rowNum= 2& row Cou m= S&fo rmat teddate =l 4 -May -2 007 Page 6 o f 6 TRADEMARK APPL ICATION NO. 77087075 - FLIPPING HOMES - 646 . 0002 1 1 1 7/ 11 11 : 15 AM

;ument Description: Offc Action Outgoing Mail 1 Create Date : 1Q-May-2007

s Next Page You are currently on page i of 35

To: HOME TRADERS GROUP, LLC (frederick.samelsC~3_ ahns muels,com) Subject: TRADEMARK APPLICATION NO . 77087075 - FLIPPING HOMES - 646.0002 Sent: 5/10/2007 5 :45 : 19 PM Sent As: ECOM113 @USPTO .GOV

Attachments: Attac hmen t-- 1 Attachment - 2 Atta hment_ - 3 Attachment-4 Attachment - 5 Attachment - 6 Attachment-17 Attachment - 8 Attachment-- 9 Attachment 10 Attachment_- I 1 Attachment-, 12 Attachme nt - 13 Attachment - 14 Attachment - 15 Attachment - 16 Attachment - 17 A ac hffiL j R Atta_ctimI,g nt - .... 19 Attachment - 20 Attachment - 21 Attachment - 22 Attachment - 23 Attachment - 24 Attachment - 25 Attachment 26 Attachment - 27 Attachment - 28 Attachment -,29 Attachment - 30

http :J/ lmportal .uspto . gov/ ex ternal l PA_TQWUserlnlerfa ce l OpenServl.. .00 A¤tPa g e = 1& rowNums2&rowCvunta 5 &Farmatt edDategl 0- May - 2007 Page lof 6 TRADEMARK APPLICATION N0 . 77 087075 - FLIPPING HOMES - 646.0002 1/ 1711 1115 PM

Attachmejit - 31 Attachment 32 w - 3 3 Attachment - 34 [Important Em it Informatioul UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 771087075

APPLICANT : HOME TRADERS GROUP, LLC *77087075* CORRESPONDENT ADDRESS RETURN A DDRESS: FREDERICK N. SAMUELS Commissioner for Trademarks CAHN & SAMUELS, LLP P.O. Box 1 451 2000 P ST N W STE 200 Alexandria, VA 22313-145 1 WASHINGTON, DC 20036-6924

MARK : FLIPPING HOMES

CORRESPONDENT'S REFERENCE/DOCKET NO : 646.0002 Please provide in all correspondence : I. Filing date , serial number, mark and CORRESPONDENT EMAIL ADDRESS : applicant's name . 2. Date of this Offi ce Action . [email protected] 3. Examining Attorney's Home and Law Office number . 4. Your telephone number and e-mail address .

OFFICE ACTION

TIME UM~: TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE .

MAILING/E-MAILING DATE INFORMATION : If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http :/It~trir.Uspto.&qv , inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication .

Serial Number 77/087075

TEAS PLUS APPLICANTS MUST SUBMIT DOCUMENTS ELECTRONICALLY OR SUBMIT FEE : TEAS Plus applicants should submit the following documents using the Trademark Electronic Application System (TEAS) at b.tip:llwww.us ,Lgo~vl ieas/i»deY.litnil : (1) written responses to Office actions; (2) preliminary amendments ; (3) changes of correspondence address; (4) changes of owner's address; (5) appointments and revocations of attorney ; (6) amendments to allege use ; (7) statements of use; (8) requests for

http:lftmportal .uspto .gnv/external (PA TOMIIlse rlntertacelOpe nSerrl . . .OpA& curcent Page= 1&r 4vaNurn = 2&rowCnunt=5 & fnrmattedDateml4- May- 2 407 Page 2 of 6 TRADEMARK APPL I CATfOM NO, 77 087075 - FLIPPING H OMES - 646 .0002 1 11 7111 1 1:15 PM

extension of time to file a statement of use, and (9) requests to delete a §I(b) basis. If any of these documents are filed on paper, they must be accompanied by a $Sb per class fee . 37 C .F.R. §§2.d(a)(1)(iv) and 2.23(a)(i) . Telephone responses will not incur an additional fee . NOTE: In addition to the above, applicant must also continue to accept correspondence from the Office via e-mail throughout the examination process in order to avoid the additional fee . 37 C.F.R. §2.23(a)(2) .

The assigned examining attorney has reviewed the referenced application and determined the following:

The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U .S.C. Section 1052{d}, TMEP section 704.02 .

Registration is refused because the proposed mark merely describes the subject matter of the applicant's educational workshops, seminars, conferences and boot camps . Trademark Act Section 2(e)(1), 15 U .S .C . § 1052(e)(1). See In re American Academy of Facial Plastic and Reconstructive Surgery, 64 USPQ2d 1748 (TTAB 2002) (FACIAL PLASTIC SURGERY held generic for training, association and collective membership services); In re Institutional Investor, Inc ., 229 USPQ 614 (TTAB 1986) (INTERNATIONAL BANKING INSTITUTE for organizing seminars for bank leaders of major countries held incapable); In re Industrial Relations Counselors, Inc ., 224 USPQ 309 (TTAB 1984) (INDUSTRIAL RELATIONS COUNSELORS, INC . held an apt name or so highly descriptive of educational services in the industrial relations field that it is incapable of exclusive appropriation and registration) ; In re Harcourt Brace Jovanovich, Inc ., 222 USPQ 820 (TTAB 1984) (LAW & BUSINESS incapable of distinguishing the services of arranging and conducting seminars in the field of business law) ; In re National Shooting Sports Foundation, Inc ., 219 USPQ 1418 (TTAB 1983) (SHOOTING, HUNTING, OUTDOOR TRADE SHOW & CONFERENCE incapable for trade show) .

A term need not describe all of the purposes, functions, characteristics or features of the services to be merely descriptive. For the purpose of a Section 2(e)(1) analysis, it is sufficient that the term describe only one attribute of the services to be found merely descriptive . In re H. U.D.D.L.E., 216 USPQ 358 (TTAB 1982); In re MBAssociates, 180 USPQ 338 (TTAB 1973) ; TMEP §1209.01(b).

The applicant seeks to register the mark FLIPPING HOMES for workshops, seminars, conferences and boot camps in the field of real estate investment . The examining attorney references the attached web pages, obtained via an Internet search using the Google(& search engine, showing common descriptive use of FLIPPING HOMES in reference to the act of buying properties, improving them, and then selling the properties for a profit. Presumably, FLIPPING HOMES is at least one topic of the applicant's real estate investment workshops and seminars . Accordingly, the mark is merely descriptive, and registration of the mark is refused under Trademark Act Section 2(e)(1) .

Although the trademark examining attorney has refused registration, applicant may respond to the refusal to register by submitting evidence and arguments in support of registration .

If the applicant has any questions or needs assistance in responding to this Office Action, please contact the assigned examining attorney .

/Kimberly Frye/

http :Ilt mporta[,uspto.gov/externa lJ FA_TOWUserl nterface l0pen5erv l . . .00A&cu rrentPage=1&rowNum =Z&rowCount =5&formattedDate=l6-May-2007 Page 3 o f 6 TRADEMARK APPLICATION NO . 7708 7 0 75 - FLIPPING HOMES - 646 . 0002 1 / 17 1 11 11 : 15 PM

Trademark Examining Attorney Law Office 113 (571) 272-9430 (phone) (571) 273-9430 (fax)

NOTICE OF NEW PROCEDURE FOR E-MAILED OFFICE ACTIONS : In late spring 2007, for any applicant who authorizes e-mail communication with the USPTO, the USPTO will no longer directly e-mail the actual Office action to the applicant . Instead, upon issuance of an Office action, the USPTO will e-mail the applicant a notice with a Iink/web address to access the Office action using Trademark Document Retrieval (TDR), which is located on the USPTO website at ,hit l2:Hno rtal.uspto.gov/external/portalltow . The Office action will = be attached to the e-mail notice . Upon receipt of the notice, the applicant can then view and print the actual Office action and any evidentiary attachments using the provided link/web address . TDR is available 24 hours a day, seven days a week, including holidays and weekends. This new process is intended to eliminate problems associated with e-mailed Office actions that contain numerous attachments .

HOW TO RES POND TO THIS OFFICE ACTION: • ONLINE RESPONSE: You may respond using the Office's Trademark Electronic Application System (TEAS) Response to Office action form available on our website at httn :l/www.us tin gov/te:aslindex.html . If the Office action issued via e-mail, you must wait 72 hours after receipt of the Office action to respond via TEAS . NOTE : Do not respon d by e-mail THE USPTO WILL NOT ACCEPT AN E-MA ILED RESPONSE. • REGULAR MAIL RESPONSE : To respond by regular mail, your response should be sent to the mailing return address above, and include the serial number, law office number, and examining attorney's name. NOTE : The filing date of the response wi ll be the date of receipt in the Office, not the postmarked date. To ensure your response is timely, use a certificate of mailing . 37 C.F.R. §2.197.

STATUS OF APPLICATION : To check the status of your application, visit the Office's Trademark Applications and Registrations Retrieval (TARR) system at h :// •i s v.

VIEW APPLICATION DOCUMENTS ONLINE : Documents in the electronic file for pending applications can be viewed and downloaded online at http:ll ortal.usplc>,gov/externallportal/tow .

GENERAL TRADEMARK INFORMATION : For general information about trademarks, please visit the Office's website at litt.n:I/~,vww.usl2tQ"%,LmainLErademar s .htm

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE .

.Note:

i In order to avoid size limitation ccjustraints on large e-mail mctisa,(1,res, this Office Action has, been sp lit into 5 smaller c-nnail niesssires . The Office Action in its entirely consists of Ibis message as well as the following attachments that you will receive in separate nles~agcs:

Email I includes the following 5 attachments

ht tp;1 ( t m porta l . uspto.gov /e x[ernall PA T01N1ls er lnterFaCe l O pe nSe sv l,,, OOA6curr e nrPage-1& rowNunn= 2& rnwCo untaS&fnrmauedpate =I4-May- 2047 Page 4 of 6 TRADEMARK APPLICATtON NO . 77 08 707 5 -FLIPPI NG HOMES - 646.0002 1/1711111 :15 PM

1 . Fltip1- 1 2. Flipl-2 3. Flip 1 -3 4. Flipl-4 5. Flip2-1

Email 2 includes the following 9 attachments 1 . Flip2-2 2. Ftip3-1 3 . FSip3-2 4. Flip3-3 5. Flip3-4 6. Flip3a-1 7. Flip3a-2 8. Flip3a-3 9. Flip3a-4

Email 3 includes the following 7 attachments 1 . Flip4-1 2. Flip4-2 3. F1ip5-1 4 . Flip5-2 5 . FlipS-3 6 . FlipSa- l 7. Flip5a-2

Email 4 includes the following 8 attachments 1 . Flip6-1 2. Flip6-2 3. Flip6-3 4. Flip6-4 5. Flip?-1 6. Flip?-2 7. Flip7-3 8. Flip$-1

Emai l 5 includes the following 5 attachmen ts 1 , Flip8-2 2. F'l ip$-3 3. Flip9- 1 4. Flip9-2 5. Flip9-3

Please ensure that you receive all of the aforementioned attachments, and if you do not, please contact the assigned-examining attorney .

hup :ll tmportai . uspto .gov]external lPA TOWUserinterface ] OpenServ l . . . DOA&cunentPage = l&rowNum - 2&rowCount=5&formattedDate410 -l ul ay -2007 Page 5 of 6 TRADEMARK APPLI CATION H0. 77087075 - FLIPPING HOMES - 6 46.0002 11 17/ 11 11 :15 PM

TDR Home

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General trademark information : Please e-mail Ti•crel~mur•kA.s•.cis1rcrrreCenter@ u.caln ;gn v, or telephone either 571-272-9250 or 1-800-786-9199. • Technical help : For instructions on how to use TDR, or help in resolving technical glitches, please e- mail TDRCus4) ,9vv . If outside of the normal business hours of the USPTO, please e-mail Elec,lrr~nir- BU.SIIteS.1 .S(U2,paJ't, or call 1-800-78b-9199 . • Questions about USPTO programs : Please e-mail USP7"O Contact Center f UCCI .

Please Note:

. The MaillCreate Date is the date the document was loaded into the database ; it is not necessarily the mailing date from which the response period, if any, flows, The mailing date is available in the prosecution history in TARR . • Some f lings made through the Trademark Electronic Application System (TEAS) are not uploaded immediately into TDR . Instead, it may take approximately seven (7) calendar days for the upload. If that amount of time has passed and your filing is still not appearing, please e-mail TDRC_u~ato~,~g,rz°.

http://tm portal.us pto .9ovlexte rnal/ PATOW Userln te rfxceJOpenServl . . .00A ¤tPag e=1& rowlVum =2Aerow Coun t a S defo rma ttedDate- 10- May-2007 Page 6 of 6 TRADEMARK APP LICATION NO . 77068663 -RE HAB SUCCESS CA LCU LATO R - 3 4 D 4 2US0 1 i/17/I1 1 1: 26 FM

:ument Description: Offc Action Outgoing Mail / Create Date: 03-May-2007

To: Smith Rothchild Financial Company ( parnoldC'mh i aw .c0m) Subject : TRADEMARK APPLICATION NO . 77068663 - REHAB SUCCESS CALCULATOR - 34042US01 Sent: 5/3/2007 6:31 :55 AM Sent As: [email protected] Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 77/068663

APPLICANT: Smith Rothchild Financial Company *77068663 * CORRESPONDENT ADDRESS : RETURN ADDRESS : PATRICK J . ARNOLD JR. Commissioner for Trademarks MCANDREWS , HELD & MALLOY , LTD. P.O. Box 1451 500 W MADISON ST FL 34 Alexandria, VA 22313-1451 CHICAGO, IL 60661-4544

MARK : REHAB SUCCESS CALCULATOR

CORRESPONDENT'S REFERENCEIDOCKET NO : 34Q42USO i Please provide in all correspondence: I . Filing date, serial number, mark and CORRESPONDENT EMAIL ADDRESS : applicant's nazne. 2. Date of this Office Action . parnold@snhmlaw,corn 3. Examining Attorney's name and Law Office number. 4. Your telephone numbe r and e-mail address .

OFFICE ACTION

TIME LIMIT: TO AVOID ABANDONMENT , THE OFFICE MUST RECEIVE A PROPER TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR &MAILING DATE .

MAILINGIE-MAILING DATE INFORMATION : If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http:/ltarr.us t~o.gov/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most

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recently issued Office communication .

ial Number 77/068663

The assigned trademark examining attorney has reviewed the referenced applicat ion and determined the following.

The examining attorney has searched the office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U .S.C. § 1052(d) . TMEP §704 .02.

The applicant should note the following ground for refusal .

The examining attorney refuses registration on the Principal Register because the proposed mark merely describes the services . Trademark Act Section 2(e)(1), 15 U.S.C. Section 1052(e)(1) ; Trademark Manual of Examining Procedure Section 1209. A mark is merely descriptive under Trademark Act Section 2(e)(1), 15 U .S.C. 1052(e)(1), if it describes an ingredient, quality, characteristic, function, feature, purpose or use of the relevant services . In re Gyulay, 820 F.2d 1216, 3 USPQ2d 1009 (Fed. Cir. 1987); !n re Bed & Breakfast Registry, 791 F.2d 157, 229 USPQ 818 (Fed. Cir. ]985) ; In re MetPath Inc., 223 USPQ 88 (TTAB 1984) ; In re Bright-Crest, Ltd., 204 USPQ 591 (TTAB 1979) ; TMEP section 1209.01(b). The examining attorney must consider whether a mark is merely descriptive in relation to the identified services, not in the abstract . 1» re Omaha National Corp ., 819 F.2d 1117, 2 USPQ2d 1859 (Fed. Cir. 1487); In Ire Abcor Development Corp., 588 F.2d 811, 200 USPQ 215 (CCPA 1978); In re Venture Lending Associates, 226 USPQ 285 (TTAB 1985) . The applicant's mark is REHAB SUCCESS CALCULATOR for "consultation in the field of acquisition and rehabilitation of real estate investment properties, namely, providing a process for forecasting with confidence the out-of-pocket expenses and potential return associated with an individual rehab real estate investment transaction." Based upon this identification of services alone, the mark is merely descriptive. Knowing that the applicant provides real estate investment consultation services that includes a method of calculating the profitable financial return on investing in and rehabilitating property, the mark REHAB SUCCESS CALCULATOR is merely descriptive of a feature those services . This examining attorney finds the entire mark merely descriptive and registration is therefore refused .

The applicant should note the following additional ground for refusal .

STATUTORY3.EFUSAL: THE MARK MERELY IDENTIFIES A PROCESS. Registration is refused because the proposed mark, as used on the specimen of record, merely identifies a process or system ; it does not function as a service mark to identify and distinguish applicant's services from those of others and to indicate their source . Trademark Act Sections 1, 2, 3 and 45, 15 U .S.C. §§1051-1053 and 1127; see In re Universal Oil Prods. Co., 476 F.2d 653, 177 USPQ 456,457 (C .C .P.A. 1973); TMEP §1341 .a2(e).

A process or system is a way of doing something, and does not generally constitute a service . The name of a system or process does not function as a service mark unless it is also used to indicate the source of the services in the application. In re Hughes Aircraft Co ., 222 USPQ 263, 264 (TTAB 1984)

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The determination of whether matter functions solely as the name of a system or process and also as a service mark is based on a consideration of the manner in which the proposed mark is used, as evidenced by the specimen and any other information of record, such as an identification of services . Id. ; TMEP §1301 .02(e). The specimen shows the proposed mark used solely to identify a process or system because the proposed mark is only used in a line of text description of how fast the loan process can be for consumers .

The examining attorney only finds that based upon this specimen and identification of services, the proposed mark would not be perceived as a service mark . It is just the name of an online calculator at the applicant's website. See the applicant's specimens of record . The examining attorney will reconsider this refusal if the applicant submits a substitute specimen showing use as a service mark . TMEP §904.11 . The applicant must verify, with an affidavit or a declaration under 37 C .F.R. §2.20, that the substitute specimen was in use in commerce at least as early as the application filing date . 37 C.F.R. §2 .59(a) ; TMEP §904.09.

Although the examining attorney has refused registration, the applicant may respond to the refusals to register by submitting evidence and arguments in support of registration . If the applicant chooses to respond to the refusal to register, the applicant must also respond to the following informalities.

The recitation of services is unacceptable as indefinite . The applicant may adopt the following identification, if

Real estate consultation in the field of purchasing of real estate investment properties in need of repair in International Class 36.

Real estate construction consultation in the field of repairing and rehabilitating real estate investment properties in need of repair in International Class 37 .

Trademark Manual of Examining Procedure Section 1402.

Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F .R. Section 2.7I(a); Trademark Manual of Examining Procedure Section 1402 .06. Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.

For assistance with identifying and classifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Ideratificatrons of Goods and Services at

If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the requirements below for those goods and/or services based on actual use in commerce under Trademark Act Section 1(a) : Applicant must list the goods/services by international class with the classes listed in ascending numerical order; Applicant must submit a filing f= for each international class of goods and/or services not covered by the fee already paid (current fee information should be confirmed at http ://www.uspto.gov); and For each additional class of goods and/or services, applicant must submit : ¢= of first use of the mark anywhere and dates of first use of the mark in commerce, or a statement that the dates of use in the initial application apply to that class ; the dates of use, both anywhere and in commerce, must be at least as early as the filing date of the application;

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one sspecimen showing use of the mark for each class of goods and/or services ; the specimen must have been in use in commerce at least as early as the fling date of the application ; a statement that "the specimen was in use in commerce on or in connection with the goods and/or services listed in the application at least as early as the filing date of the application;" and vetioa of the statements in 3(a) and 3(c) in an affidavit or a signed declaration under 37 C .F.R. §2.20. (NOTE: Verification is not required where (1) the dates of use for the added class are stated to be the same as the dates of use specified in the initial application, or (2) the original specimens are acceptable for the added class.) 37 C.F.R. §§2.b, 2 .34(a), 2.59, 2 .71(c), and 2 .86(a); TMEP §§810, 904 .09, 1403 .01 and 1403.02(c).

No set form is required for response to this Office action. The applicant must respond to each point raised . The applicant should simply set forth the required changes or statements and request that the Office enter them . The applicant must sign the response . In addition to the identifying information required at the beginning of this letter, the applicant should provide a telephone number to speed up further processing .

In all correspondence to the Patent and Trademark Office, the applicant should list the name and law office of the examining attorney, the serial number of this application, the mailing date of this Office action, and the applicant's telephone number .

If the appl icant has any quest ions or needs assistance in responding to this Office Act ion, please telephone the assigned examining attorney . However, you may be able to can receive a response faster by send ing me an email at iohn .daliernu..usl2to_. gQv with any questions regarding this Office Action . Note that this email address is not for responses to Office Actions, just questions about Office Actions .

Copies of Documents

The applicant may view and download any or all documents contained in the electronic file wrapper of all pending trademark applications, as well as many registrations via the Trademark Document Retrieval (TDR) system available online at :

Downloads are converted into PDF format and may be viewed w ith any PDF viewer, including the free Adobe .Reader.

/John D. Dalierf Trademark Examining Attorney Law Office 106 ; 571 272 9 1 50 Fax (571) 273-9106

NOTICE OF NEW PROCEDURE FOR E-MAILED OFFICE ACTIONS : In late spring 2007, for any applicant who authorizes e-mail communication with the USPTO, the USPTO wigl no longer directly e-mail the actual Office action to the applicant . Instead, upon issuance of an Office action, the USPTO will e-mail the

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applicant a notice with alink/web address to access the Office action using Trademark Document Retrieval (TDR), which is located on the USPTO website at h :II o a1 .us ) Toy/ ternail o a /tow. The Office action will = be attached to the e-mail notice, Upon receipt of the notice, the applicant can then view and print the actual Office action and any evidentiary attachments using the provided link/web address . TDR is available 24 hours a day, seven days a week, including holidays and weekends . This new process is intended to eliminate problems associated with e-mailed Office actions that contain numerous attachments .

HOW TO RESPOND TO THIS OFFICE ACTION : • ONLINE RESPONSE: You may respond using the Office's Trademark Electronic Application System (TEAS) Response to Office action form available on our website at httn:lhvww.lia L o~vFteaslindex;litml . If the Office action issued via e-mail, you must wait 72 hours after receipt of the Office action to respond via TEAS . NOTE: Do not respon d by e-mail. THE USPTO WILL NOT ACCEPT AN E-MAILED RESPONSE . • REGULAR MAIL RESPONSE : To respond by regular mail, your response should be sent to the mailing return address above, and include the serial number, law office number, and examining attorney's name . NOTE : The ding date of the response will be the date of receipt in the Office, not the postmarked date. To ensure your response is timely, use a certificate of mailing . 37 C.F .R. §2.197.

STATUS OF APPLICATION : To check the status of your application, visit the Office's Trademark Applications and Registrations Retrieval (TARR) system at http ://c1ri-.util t~.gov .

VIEW APPLICATION DOCUMENTS ONLINE : Documents in the electronic file for pending applications can be viewed and downloaded online at , ( ti2:l/i2ortai.u5pto„.Lo vlex,iewail 120rtalltow.

GENERAL TRADEMARK INFORMATION- For general information about trademarks, please visit the Office's website at littn :/lwww. uspicL&,Qvlmain_/trademarks. htin

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE .

T Home

This document may be displayed as a PDF file containing images without text. You may view online or save the entire document by clicking on the file download icon in the upper right corner of this page . [required PDF view j FAQ: Are you seei ng, only the first page of this Pp doc ment ?

If you need help:

• General trademark information : Please e-mail Tr adeinarkA.uL=ceCenterCLusptn .guv, or telephone either 571-272-9250 or 1-800-786-9l44 . • Technical help : For instructions on how to use TDR, or help in resolving technical glitches, please e- mail TD$@usatn .QOV . If outside of the normal business hours of the USPTO, please e-mail Electronic sip sr > >r , or call 1-800-786-9199. • Questions about USPTO programs: Please e-mail USPTC) Cnrrruct Center ( IICC ) .

Please Note:

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• The Mail/Create Date is the date the document was loaded into the database ; it is not necessarily the mailing date from which the response period, if any, flows . The mailing date is available in the prosecution history in TARR . • Some filings made through the Trademark Electronic Application System (TEAS) are not uploaded immediately into TDR . Instead, it may take approximately seven (7) calendar days for the upload . If that amount of time has passed and your filing is still not appearing, please e-mail TD@ s t ov.

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;ument Description : Offc Action Outgoing Mail I Create Date : 27-Feb-2003

To: Futura Mortgage Corporation (mau rige Cqv~duboisgr0La.com) Subject: TRADEMARK APPLICATION NO . 79127249 - PROFESSIONAL REAL ESTATE INVESTOR -NIA Sent: 2/27/03 2:22: 09 PM Sent As: ECom110 Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO : 781127249

APPLICANT: Futura Mortgage Corporation

CORRESPONDENT ADDRESS RETURN ADDRESS: Futura Mortgage Corporation Commissioner forTrademarks 1470 Bear Creek Road 2900 Crystal Drive Cedar Hill TX 75104 Arlington, VA 222Q2-3513 ecomllO@uspto .gov

MARK : PROFESSIONAL REAL ESTATE INVESTOR

CORRESPONDENT'S REFERENCE/DOCKET NO : N/A Please provide in all correspondence: 1 . F il ing date, serial number, mark and CORRESPONDENT EMAIL ADDRESS : appl i cant 's name. 2. Date of this Office Actio n. maurice@duboisgroup .com 3 . Examin i ng Attorney's nam e and Law Office number. 4. Your telephone number and e-mail address .

OFFICE ACTION

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE .

Serial Number 78/127249 http:lltmporial .uspto .gav/ex ternalJ PA_TOSNUser i nterface/OpenServi .. .00A&cu rren r page=1 & row N u m - gb rowCaunt=7& forma tt ed pate 327-Feb-2003 Page 1 of 10 TRADEMARK APPL I CATION NO . 78127249 - PROFESSIONAL REAL ESTATE I NVESTOR - N I A ! 117/ 11 1 1 :2 8 PM

FINAL

This letter responds to applicant's letter of November 3, 2002. The applicant amended the recitation, but did not address the refusal, the basis or the specimens . These refusals are made FINAL .

IS RE DESCRIPTIVE

The examining attorney refused registration on the Principal Register because the proposed mark merely describes the services offered by appli cant. Trademark Act Sect ion 2(c)(1), 15 U .S .C. Section 1052(e)(1) ; section 1209 et seq.

A mark is merely descriptive under Trademark Act Section 2(e)(1), 15 U .S .C. 1Q52(e)(1), if it describes an ingredient, quality, characteristic, function, feature, purpose or use of the relevant services . In re Gyulay, 820 F .2d 1216, 3 USPQ2d 1009 (Fed. Cir. 1987); In re Bed & Breakfast Registry, 791 F.2d 157, 229 USPQ 818 (Fed. Cir. 1986); In re MetPath Inc., 223 USPQ 88 (TTAB 1984) ; In re Bright-Crest, Ltd., 204 USPQ 591 (TTAB 1979) ; TMEP section 1209 .01(b).

Applicant proposes, "help in becoming a real estate investor" in connection with PROFESSIONAL REAL ESTATE INVESTOR .

PROFESSIONAL is defined as:

a. Of, relating to, engaged in, or suitable for a profession: a professional field such as law; professional (raining, b. Conforming to the standards of a profession : j11

REAL ESTATE is defined as :

Land , including all the natural resources and permanent buildings on it ,[K

INVESTOR is defined as:

~To commit (money or capital) in order to gain a financial return ; invested their savings in stocks and bonds.Q1

Together, PROFESSIONAL REAL ESTA TE INVESTOR immediately desc ribes and names the characteristics and features of the services . Professional, used in connection with descriptive wording has been commonly held descriptive by the Trademark Office (see attachements). ;Accordingly, the mark is not registrable on the Principal Register .

I SUPPLEMENTAL REGISTER

Although the examining attorney has refused registration on the Princ ipal Register, the applicant may amend the application to seek registration on the Supplemental Regi ster. Trademark Act Section 23, 15 U.S.C. Section 1091 ; 37 C.F.R. Sections 2.47 and 2.75(a); TMEP sections 202.02(b) and 1115.

Although the examining attorney has refused registration, the applicant may respond to the refusal to

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register by submitting evidence and arguments in support of registration .

If the applicant chooses to respond to the refusal to register, the applicant must also respond to the following informalities :

The applicant asserts use of the mark in commerce for services and applicant asserts that it has a bona fide intent to use the mark in commerce for the same goods/services. An applicant may not assert both use of the mark in commerce, under Trademark Act Section 1(a), 15 U.S.C. § 1051(a), and intent to use the mark in commerce, under Trademark Act Section 1(b), 15 U .S .C . § 1051(b), for the same goods or services . 37 C.F .R. §2.34(b)(1); TMEP §806 .02(b). The applicant must delete one basis or divide the goods/services between the two bases, as appropriate .

SPECIMENS

The specimen is unacceptable as evidence of actual service mark use because the mark is not seen in connection with the services . The applicant must submit a specimen showing the mark as it is used in commerce. 37 C .F.R Section 2 .56. Examples of acceptable specimens are signs, photographs, brochures or advertisements that show the mark used in the sale or advertising of the services . TMEP section 1301 .04 . The applicant must verify, with an affidavit or a declaration under 37 C .F.R. Section 2 .20, that the substitute specimen was in use in commerce at least as early as the filing date of the application . 37 C.F.R. Section 2 .59(a); TMEP section 945.10 .

Specimens are unacceptable if they do not show use of the serv ice mark in relation to the identified ' service. Intermed Communications, Inc. v, Chaney, 197 USPQ 501 (TTAB 1977). The specimens must show use of the mark " in the sale or advertising of services." Trademark Act Section 45, 15 U. S .C . Section 1127; In re Universal Oil Products Co., 476 F.2d 653, 177 USPQ 456 (CCPA 1973); TMEP section 1301 .02. Therefore, the specimens must show the mark in reference to the part icular services identified .

The applicant must verify, with an affidavit or a declaration under 37 C .F .R. Section 2 .20, that the substitute specimens were in use in commerce at least as early as the filing date of the application . 37 ;C.F .R. Section 2.59(a); TMEP section 905.10 .

The following is a properly worded declaration under 37 C .F.R. Section 2 .20. At the end of the response, the applicant should insert the declaration signed by Officer or Attorney of Applicant Corporation.

SAMPLE DECLARATION

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U .S.C . 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant ; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, http:/Jtmpo n al.us pto.gavI external/ PA TO W Userlnier facelOpe nS e rvi .. .00A ¤tPagesl &r owNum c 4&rowCount=7 &fnrm attedDate =27-Feh - 20 0 3 Page 3 of 1 0 TRADEMARK APPLICATION NO . 78127249 - PROFESSIONAL REA L ESTATE INVESTOR -1V / A 1/17/11 11 :29 PM

that the mark is in use in commerce and was in use in commerce on or in connection with the goods or services listed in the application as of the application filing date ; that to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive ; and that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true .

(Signature)

(Print or Type Name and Position)

(Date)

Pending an adequate response to the above, the examining attorney refuses registration under Trademark Act Sections 1,2,3 and 45, 15 U .S.C. Sections 1051, 1052, 1053 and 1127, because the record does not show use of the proposed mark as a service mark .

RESPONSE TO OFFICE ACTIO N

No set form is required for response to this Office action . The applicant must respond to each point raised. The applicant should simply set forth the required changes or statements and request that the Office enter them . The applicant must sign the response. In addition to the identifying information required at the beginning of this letter, the applicant should provide a telephone number to speed up further processing .

.The applicant may wish to hire a trademark attorney because of the techn ical ities involved in the application . The Patent and Trademark Office cannot a id in the selection of an attorney .

'In all correspondence to the Patent and Trademark Office, the applicant should list the name and law office of the examining attorney, the serial number of this application, the mailing date of this Office action, and the applicant's telephone number .

The following authorities govern the processing of trademark and service mark applications : The Trademark Act, 15 U .S.C. Section 1051 et seq ., the Trademark Rules of Practice, 37 C .F .R. Part 2, and the Trademark Manual of Examining Procedure (TMEP).

"TMEP" refers to the Trademark Manual of Examining Procedure (2d ed. rev 1 April 1997), available by subscription from the Superintendent of Documents, U .S. Government Printing Office, P .O. Box 371954, Pittsburgh, PA 15250-7954. The stock number is 903-010-00000-2 . The price is $44.00 ($55 .00 for foreign mailing) . Orders may also be placed, using MASTERCARDO or VISA, by calling (202) 512-

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1800. The TMEP is also available on the PTO's home page at www.uspto .gov.

If the applicant is not submitting a fee with the response, the applicant should include the following in the mailing address to ensure proper handling: 1) the words "Box 5" and 2) the law office number of the assigned examining attorney .

If responding by email informally, please use the email address: .Dg;r_mnna .M izelle(a'u t~o .gov . If~ formally, please use the email address ec om_11 Ofi`: u~ to,_gov .

The refusal to register is FINAL.

Please note that the only appropriate responses to a final action are (1) compliance with the outstanding i requirements, if feasible, (2) filing of an appeal to the Trademark Trial and Appeal Board, or (3) filing of a petition to the Director if permitted by 37 C .F.R. §2.63(b). 37 C.F.R. §2.64(a); TMEP §715 .01 . Regarding petitions to the director, see 37 C .F.R. §2.146; TMEP Chapter 1700 regarding petitions . If the applicant fails to respond within six months of the mailing date of this refusal, this Office will declare the application abandoned . 37 C .F.R. §2 .65(a).

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney .

/Dq4novwvJ• lit 4eue./ Dezmona J. Mizelle Trademark Attorney Law Office I 10 703 .308.9 1 10, ext. 259 703 .746.6203 [Fax] ecom I [email protected] [Formal responses onlyl

Mark PROFESSIONAL KARATE ASSOCIATION Goods and Services IC 041 . US 100 101 107 . G & S: Education services, namely, conducting classes, workshops, seminars, clinics and sports camps in the field of Martial Arts ; Entertainment in the nature of Martial Arts tournaments. FIRST USE: 20010625. FIRST USE IN COMMERCE : 20020205 : Mark Drawing Code (1) TYPED DRAWING Serial Number 781 t)G8U6 Filing Date February 5, 2002 Filed ITU FILED AS ITU Supplemental Register Date September 18, 2002

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Registration Number 2655186 Registration Date November 26, 2002 Owner Name and Address (REGISTRANT) Persinger,lohn DBA Professional Karate Association INDIVIDUAL UNITED STATES 1630 N . Main Street, Suite 290 Walnut Creek CALIFORNIA 94596 Disclaimer Statement NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "KARATE ASSOCIATION" APART FROM THE MARK AS SHOWN Type of Mark SERVICE MARK Register SUPPLEMENTAL Live Dead Indicator LIVE

Mark PROFESSIONAL GOLF CLURFITTING ASSOCIATION Goods and Services IC 041 . US 100 101 107 . G & S : EDUCATIONAL SERVICES, NAMELY CONDUCTING CLASSES, SEMINARS, CONFERENCES, WORKSHOPS IN THE FIELD OF GOLF AND GOLF CLUB FITTING FOR PROFESSIONAL INSTRUCTORS AND DISTRIBUT ING COURSE MATERIALS IN CONNECTION THEREWITH ; EDUCATIONAL DEMONSTRATION FOR INSTRUCTORS IN THE FIELD OF GOLF . FIRST USE : 20020801 . FIRST USE IN COMMERCE : 20020801

IC 035. US 100 101 102. G & S : ASSOCIATION SERVICES , NAMELY PROMOTING THE GOODS, SERVICES, OBJECTIVES, AND INTERESTS OF ITS MEMBERS IN THE FIELD OF GOLF CLUB FITTING AND INSTRUCT ION . FIRST USE : 20020801 . FIRST USE IN COMMERCE : 20020801 Mark Drawing Code (1) TYPED DRAWING Serial Number 76402733 Filing Date May 2, 2002 Filed 1TU FILED AS ITU Supplemental Register Date October 28, 2002 Registration Number 2684972 Registration Date

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February 4, 2003 Owner Name and Address (REGISTRANT) FLORIDA GOLF SCHOOL, INC ., THE DBA UNITED STATES GOLF TEACHERS FEDERATION CORPORATION FLORIDA 129 S .E. Port St. Lucie Blvd. Port St. Lucie FLORIDA 34952 Disclaimer Statement NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "ASSOCIATION" APART FROM THE MARK AS SHOWN Type of Mark SERVICE MARK Register SUPPLEMENTAL Live Dead Indicator LIVE Attorney of Record DAVID R. ELLIS

Mark PROFESSIONAL BUSINESS OWNE RS SOCIETY Goods and Services IC 035. US 100 101 102 . G & S: buying club services, namely, bringing together owners of small and mid-sized businesses to maximize purchasing power for insurance and financial-related products. FIRST USE: 19980718 . FIRST USE IN COMMERCE: 19480718

IC 042. US 100 101 . G & S: association services, namely, promoting the interests of professional business owners; membership services, namely, the operation and maintenance to a membership organization that brings together professional business owners to optimize insurance purchasing power ; and providing membership services for professional business owners . FIRST USE: 19980718. FIRST USE IN COMMERCE : 19980718 Mark Drawing Code (1) TYPED DRAWING Serial Number 75698622 Filing Date May 6, 1999 Supplemental Register Date December 8, 1999 Registration Number 2401095 Registration Date October 31, 2000 http :lt lmportai . uspto . gav l exter nal ) PA 70Wli se rl nterface J OpenSe rv i . . . 00A&curre ntPage = 1&rowNum - 4&row Count -7&formattedDate @ 2 7- Fe6 -2 003 Pag e 7 of 1 0 TRADEMARK APPLICATION NO . 78127249 - PROFESSIONAL REAL ESTATE INVESTOR - NIA 1117111 11 :28 PM

Owner Name and Address (REGISTRANT) USA Benefits Group CORPORATION FLORIDA 1164 East Oakland Park Boulevard, Suite 100 Oakland Park FLORIDA 33334 Disclaimer Statement NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "SOCIETY" APART FROM THE MARK AS SHOWN Type of Mark SERVICE MARK Register SUPPLEMENTAL Live Dead Indicator LIVE Attorney of Record A. JOSE CORTINA

Mark PROFESSIONAL CERTIFIED AUCTIONEERS GUILD Goods and Services IC 041 . US 100 101 107. G & S : educational services, namely, conducting courses and seminars in the field of auctioneering . FIRST USE: 19970930. FIRST USE IN COMMERCE : 19970930 Mark Drawing Code ( 1) TYPED DRAWING Serial Number 75365316 Filing Date September 30, 1997 Supplemental Register Date January 25, 1999 Registration Number 2347762 Registration Date May 2, 2000 Owner Name and Address (REGISTRANT) DEWEES, PAUL J. INDIVIDUAL UNITED STATES 213 South Fifth Street St . Joseph MISSOURI 645012115 Disclaimer Statement NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "GUILD" APART FROM THE MARK AS SHOWN Type of Mark SERVICE MARK Register SUPPLEMENTAL Live Dead Indicator LIVE Attorney of Record

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THOMAS H VAN HOOZER How to respond to this Office Action:

To respond formally using the Office's Trademark Electronic Application System (TEAS), visit ht#n //www.uspto.gov easl nLlgx,htm_1 and follow the instructions .

To respond formally via E-mail, visit htt p ://www.uspto,.goylweb/t-radema rks/tmeLesresRhtm and follow the instructions.

o respond formally via regular mail, your response should be sent to the mailing Return Address listed bone and include the serial number, law office and examining attorney's name on the upper right corner f each page of your response .

To check the status of your application at any time, visit the Office's Trademark Applications and Registrations Retrieval (TARR) system at ht t : /tarr.u& fo.govL

For general and other useful information about trademarks, you are encourage d to visit the Office's web site at http:/,(yYww.u sRlo.~ v/m 'nltradema rkg. htm

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.

f,1, 2, 3 The American Heritage Dictionary of the English Language, Third Edition copyright 0 1992 by Houghton M ifflin Company. Electronic version licensed from INSO Corporation ; further reproduction and distribution restricted in accordance with the Copyright Law of the United States . All rights reser ved .

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This document may be displayed as a PDT file containing images without text . You may view online or save the entire document by clicking on the file download icon in the upper right corner of this page . I re~uired PDF viewer) FA re n e i n only the first page of this PDF cument?

If you need help :

• General trademark information : Please e-mail T~ lClGnrar~'AssistatlceCc~tlerC~tr .s,~tiC~.~f1 t~, or telephone either 571-272-9250 or 1-800-786-9199 . • Technical help : For instructions on how to use TDR, or help in resolving tech nical glitches, please e-mail TDR @rr,Wtjr) .&)v, If outside of the normal business hours of the USPTO, please e-mail Electronic Business SacI21.7nrt, or call 1-800-786-9199. • Questions about USPTO programs : Please e-mail PT Contact .enter

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Please Note:

The Mail/Create Date is the date the document was loaded into the database ; it is not necessarily the mailing date from which the response period, if any, flows. The mailing date is available in the prosecution history in TARR . Some filings made through the Trademark Electronic Application System (TEAS) are not uploaded immediately into 7'DR. Instead, it may take approximately seven (7) calendar days for the upload. If that amount of time has passed and your filing is still not appearing, please e-mail TD [email protected].

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:ument Description : Offc Action Outgoing Mail / Create Date : 21-Oct-2003

~Nex~t Pag You are currently on page 1 of 6

To: Pricom , LLC (-iw illiatnsC=pricoi-n,group.com ) Subject: TRADEMARK APPLICATION NO. 78247688 - PERSONAL REAL ESTATE INVESTING -NIA Sent : 10/21/03 4: 1 8 :41 PM Sent As; ECom 115 Attachments: Attachment - 1 Attachment- Attachment - 3 Attachment - 4 Attachment - 5

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 78/247688

APPLICANT: Pricom, LLC

CORRESPONDENT ADDRESS : RETURN ADDRE SS : Pricom, LLC Commissioner for Trademarks 105 SHADOW BEND LN 2 900 Crystal Drive CARY NC 27511-9748 Arlingto n, VA 22202-3514 [email protected]

MARK: PERSONAL REAL ESTATE INVESTING

CORRESPONDENT'S REFERENCE /DOCKET NO: N/A Pl ease provi de i n all corres pondence: I . Filing date, serial number, mark and CORRESPONDENT EMA 1L ADDRESS : applicant's name. 2. Dale of this Office Action . JW1lIlaiIlS @pCICOII1 g CoLl}7.C0[T1 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.

O FFICE ACTION

,TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE

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ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE .

Serial Number 78/247688

The assigned examining attorney has reviewed the referenced application and determined the following .

ENTIRE MARK IS MERELY DESCRIPTIVE

The examining attorney refuses registration on the principal Register because the proposed mark merely describes the goods/services . Trademark Act Section 2(e)(1), 15 U .S .C . §1052(e)(1); TMEP §§1209 et seq.

A mark is merely descriptive under Trademark Act Section 2(e)(1), 15 U .S.C. §1052(e)(1), if it describes an ingredient, quality, characteristic, function, feature, purpose or use of the relevant goods/services . In re Gyulay, 820 F.2d 1216, 3 USPQ2d 1009 (Fed. Cir. 1987); In re Bed & Breakfast Registry, 791 F.2d 157, 229 USPQ 818 (Fed . Cir. 1986); In re MetPath Inc., 223 USPQ 88 (TTAB 1984) ; In re Bright-Crest, Ltd., 204 USPQ 591 (TTAB 1979) ; TMEP § 1209.0 i (b).

PERSONAL REAL ESTATE INVESTING immediately describes the subject matter of the goods and services. "Personal" means, inter alia, "concerning a particular person and his or her private business, interests or activities ; intimate." See the attached definition from yourdictionary .com. Also note the attachments demonstrating common use of "personal real estate ." The applicant has conceded the descriptiveness of "real estate investing" by disclaiming the words . "Personal" is not an arbitrary or distinctive word that elevates the mark beyond its descriptive meaning.

Although the examining attorney has refused registration, the applicant may respond to the refusal to register by submitting evidence and arguments in support of registration .

If the applicant chooses to respond to the refusal to register, the applicant must also respond to the following issues.

IDENTIFICATION OF GOODS AND SERVICES

The identification is unacceptable as indefinite and because it combines goods and services in a single recitation. The applicant may adopt the following identification, if accurate :

"Magazine, newsletters and books concerning real estate investing for non-professional investors," in class 16;

"Educational services, namely, conducting courses in real estate investing for non-professional investors," in class 41. TMEP §1402 .01 .

The applicant must rewrite the identification in its entirety because of the nature and extent of the amendment. 37 C.F.R. §2.74(b).

Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted . 37 C.F.R. §2 .71(a); TMEP §1402 .Ofi. Therefore, the applicant may

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not amend to include any goods or services that are not within the scope of those set forth in the present ~ identification .

COMBINED APPLICATION REQUIREMENTS

If the applicant prosecutes this application as a combined, or multiple-class, application, the applicant must comply with each of the following .

(1) The applicant must list the goods/services by international class with the classes listed in ascending numerical order. TMEP § I443 .01 .

(2) The applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid . 37 C .F.R. §§2.6(a)(1) and 2.86(a); TMEP §§810 .01 and 1403.01 . Effective January 1, 2003, the fee for filing a trademark application is $335 for each class . This applies to classes added to pending applications as well as to new applications filed on or after that date.

NO CONFLICTING MARKS FOUND

The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C . §1052(d). TMEP §7o4.a2.

/Ira Goodsaidl Examining Attorney Law Office 115 (703) 308-9115 ext. 159 ecom 1 l [email protected]

IHow to respond to this Office Action :

To respond formally using the Office's Trademark Electronic Application System (TEAS), visit ttn://www.uspta.ggv/teas/index.h tnil and follow the instructions .

~Ta respond formally via E-mail, visit http:l/www.uspta.govlweb/tradernarksltmelecresQhtm and follow the instructions.

To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney's name on the upper right corner of each page of your response .

To check the status of your application at any t ime, visit the Office' s Trademark Applications and Registrations Retrieval (TARR) system at httpJ/tarr.us ptUav/

Far general and other useful information about trademarks, you are encouraged to visit the Office's web

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site at l ttp :Uwww. usptatgov/main/tr emarks.htm

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.

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This document may be displayed as a PDF file containing images without text . You may view online or save the entire document by clicking on the file download icon in the upper right corner of this page . [required PDT v' were FAQ, Are,,,v~)u seei ng only the firms age of this PDF_ cigcument?

Ifyou need help : _ * General trademark information : Please e-mail TrudeljrurkA.~•si.~ts.~nc.•c•Ce_izter•C~ptr).,~r~l, , or telephone either 571-272-9254 or l-8Q0-786-9199 . • Technical help: For instructions on how to use TDR, or help in resolving technical g litches, please e-mail [email protected] .9oV. Ifoutside of the normal business hours of the USPTD, please e-mail Electronic Business Support, or call 1-800- 786-9199. • Questions about USPTO programs: Please e-mail USP 'O Contact Center ( UCC) .

Please Note:

• The Mail/Create Date is the date the document was loaded into the database ; it is not necessarily the mailing date from which the response period, if any, flows . The mailing date is available in the prosecution history in TARR . • Some filings made through the Trademark Electronic Application System (TEAS) are not uploaded immediately into TDR . Instead, it may take approximately seven (7) calendar days for the upload, if that amount of time has passed and your filing is still not appearing, please e-mail T o r.

http :lJtmportal .uspto.gov lexternal lPA 70WUser l nterfac e/Open 5ervl ,.,= OOA¤t Page=LdrowNum-4S row Cou nt=7&farmat tedpateg2 i-Oct-2 003 Page 4 of 4 Appeadix F Book Author Year Published House Flipp ing for Fun & Profit Make Money the Easy Way V. Mittelberg 1997 Flipping Properties: Generate Instant Cash Profits in Real Estate William Bronchick and Robert Dahlstrom 2001 Fast-Flip Real Estate Mastery Kit H. Roger Neat 2002 How to Buy and Flip Real Estate for a Profi tl Rod Griff in 2002 Fix It and flip It How to Make Mo ney Rehabbing Real Estate for Profit Gene and Katie Hamilton 2003 Renovate to Riches: Buy, Improve, and Flip Houses to Create Wealth Mike Dulworth and Teresa Goodwin 2003 The Complete Guide to Flipping P roperties Steve Berges 2003 FLIP: How to Find, Fix, and Sell Houses for Profit Rick Villani, Clay Davis, and Gary Keller 2006 Find It, Fix It, flip itl : Make Million s in Rea l Estate--One House at a Tim e Michael Corbett 2006 Flipping Houses for Dumm ies Ralph Roberts and Joe Kraynak 2007 Getting Started in Property Flipping Michael Thomsett 2007 Flipping Confidential: The Se crets of Renovating Property for Profit in Kirsten Kemp 2007 Any Market Make Money with Flippers, Fixers, and Renovations Gary Eldred 2008 The House Flipping Answer Book: Practical Answers to More Than 125 Denise Evans 2008 Questions on How to Find, Fix, and Sell Houses for Profit APpendix G LICENSE, RIGHT TO USE, AND COVENANT NOT TO SUE United States Trademark Registration No . 3,089,816

This License, Right to Use, and Covenant Not to Sue, hereinafter termed the "Agreement," is made to be effective as of the date of the last signature below, by and between Landlordsoftware .com LLC, hereinafter termed "Landlord," which is a Georgia limited liability company with its principal place of business located at 375 Rockbridge Road, Suite 172-114, Lilburn, Georgia 30047 and Wasatch Digital Media, Inc . dba Real Estate Tools and dba PropertyTracker .com, hereinafter termed "Wasatch," which is a Utah corporation with its principal place of business located at 2637 North 400 East, #1 14, North Ogden, Utah 84414.

GENERAL CONSIDERATIONS

A. Landlord is the owner of United States trademark registration no . 3,089,816 for the mark FLIPPER' S.

B. Wasatch currently uti l izes the mark PROPERTY FLIPPER in its business affairs .

C. Wasatch has provided to Landlord evidence that the term "flip" and all variations thereof is a descriptive term within the real estate industry .

D. Douglas Rutherford is the president of Landlord .

E. Mr. Rutherford has written a book entitled Real Estate Cash Flow Analysis wherein Mr . Rutherford has frequent examples of the descriptive term "flip" and variations thereof as used in the real estate industry .

F. In the process of filing for registration of the mark FLIPPER'S (application serial no. 78-595,463) Landlord did not disclose to the United States Patent and Trademark Office that the term "flip" and all variations thereof are descriptive terms within the real estate industry .

G. Wasatch has a good faith belief that, pursuant 3 5 U . S .C . § 1064, United States trademark registration no . 3,089,816 for the mark FLAPPER ' S is subject to cancellation .

TERMS

Now, therefore, in consideration of the preceding premises, the mutual promises set forth below, and other good and valuable consideration--the receipt and sufficiency of which is hereby acknowledged, Landlord and Wasatch do hereby promise and agree as follows-

1 . Grant of License. Landlord hereby grants to Wasatch and its successors and assigns a license for the right to use United States trademark registration no . 3,089,816 for the

LICENSE, RIGHT TO USE, AND COVENANT NOT TO SUE UNITED STATES TRADEMARK REGISTRATION NO. 3,089,816 Page I of 5 mark FLIPPER'S and any variations of such mark, whether or not such variations are the subject of any trademark registration.

2. Covenant Not to SUe. Landlord hereby covenants not to sue Wasatch or its successors or assigns for the use of the term FLIPPER'S or any variation thereof.

3. Petition far Cancellation. Wasatch agrees not to file a petition for cancellation of United States trademark registration no . 3,089,816 for the mark FLIPPER' S.

4. Term. Unless sooner term inated in accordance with the terms of this Agreement, this Agreement shall last until Landlord has no enforceable trademark for the mark FLIPPER'S or any variation thereof.

5 . Termination. Wasatch may terminate this Agreement two weeks after having given notice to Landlord that Landlord is in default or breach of any of the terms of this Agreement unless such default or breach is completely corrected by Licensee prior to the end of such two-week period.

6. Additional DQgUrnents. Landlord and Wasatch agree that they will execute any and all additional documents or legal instruments that may be necessary or required to effectuate the provisions of this Agreement .

7 . Injunctive Remedi Landlord understands and agrees that Wasatch would not have an adequate remedy at law for the material breach , or threatened breach, of any of the promises contained within this Agreement. Landlord, therefore, agrees that Landlord will indemnify Wasatch for any losses arising from such actual or threatened breach by Landlord . And Landlord further , consequently, agrees that ist the event of any such material breach or threatened breach by Landlord, Wasatch may, in addition t o the other remed ies which Wasatch may have available to Wasatch, file a suit in equity (without having to post a bond or other security) to enjoin Landlord from the m aterial breach or threatened breach of any of the prom ises contained with in this Agreement .

8. General Remedies . Notwithstanding any other provision of this Agreement, Landlord and Wasatch shall retain all statutory and common law rights to enforce th is Agreement or to seek damages for its breach .

9. Notices. Any notice, election, payment, report, or other correspondence required or permitted pursuant to this Agreement shall be deemed to have been properly given or delivered when it has been made in writing and

(a) delivered personally to an officer of Landlord or Wasatch

(b) when sent by United States mail with all necessary postage fully prepaid, a return receipt requested , and addressed to the ent ity to whom directed at its address as specified below:

LICENSE, RIGHT TO USE, AND COVENANT NOT TO SUE UNITED STATES TRADEMARK REGISTRATION NO, 3,(189,816 Page 2 of 5 Douglas Rutherford Joel Grasmeyer President President Landlordsoftware.co;n LLC Wasatch Digital Media, Inc. 375 Rockbridge Road, 2637 North 400 East, #114 Suite 172-114 North Ogden, Utah 84414 Lilburn, Georgia 30047

Either Landlord or Wasatch may, at any time, change its address for purposes of this Agreement by giving written notice of such change of address to the other entity.

10. Effect f Waiver . A waiver either by Landlord or by Wasatch of any provision of this Agreement, whether in writing or by course of conduct or otherwise, shall be valid only in the instance for which such waiver has been given and shall not be deemed to be a continuing waiver of such provision ; nor shall any such waiver be construed to be a waiver of any other provision of this Agreement .

11 . Paragraph Headings. The paragraph headings within this Agreement are for convenience only and in no way define, limit, or describe the scope or intent of this Agreement ; nor do such paragraph headings affect the terms and provisions of this Agreement .

12. P=argkion of Agrees. Landlord and Wasatch acknowledge that they have both participated in the preparation of this Agreement; and, in the event that any question arises regarding the interpretation of this Agreement, no presumption shall be drawn in favor of or against either Landlord or Wasatch with respect to the meaning of this Agreement .

13 . A n 's Fees,. If either party to this Agreement shall be in default or breach of any provision of this Agreement, said party shadl be liable to pay all reasonable attorney's fees, court costs, and other related costs and expenses of collection incurred by the non-defaulting or non-breaching party in enforcing its rights arising pursuant to this Agreement .

14, Governing Law. This Agreement and all matters relating to it, including any matter or dispute arising from the Agreement, shall be governed, interpreted, and enforced in accordance with the laws of the State of Utah ; and the parties to this Agreement do hereby agree that for the resolution of such disputes, jurisdiction and venue shall lie exclusively in any appropriate court within the State of Utah .

15. Sevetability. In the event that any provision of this Agreement, or any action contemplated pursuant to this Agreement, is found, by a court having competent jurisdiction in accordance with this Agreement, to be inconsistent with or contrary to any law, ordinance, or regulation, the latter shall be deemed to control ; this Agreement shall be regarded as modified accordingly; and such modified provision as well as the remainder of this Agreement shall continue in full force and effect .

LICENSE, RIGHT TO USE, AND COVENANT NOT TO SUE UNITED STATES TRADEMARK REGISTRATION NO . 3,089,816 Page 3 of 5 16. Integration . This Agreement constitutes and represents the entire agreement of Landlord and Wasatch with respect to the subject matter of this Agreement . All other prior agreements, covenants, promises, and conditions, whether verbal or written, that are intended to apply between Landlord and Wasatch have been incorporated herein . In executing this Agreement, neither Landlord nor Wasatch has relied upon any promise, representation, warranty, or the like other than those contained within this Agreement .

17. Amendment. This Agreement may be amended at any time, but only by a writing signed both by Landlord and by Wasatch which explicitly states that it is intended to amend this Agreement.

18. Assurance of Authority . Wasatch does hereby assure Landlord that execution of this Agreement is an authorized act of Wasatch, and Landlord does hereby assure Wasatch that execution of this Agreement is an authorized act of Landlord .

19. Counterparts . This Agreement may be executed in counterparts, each of which when so executed and delivered (including by facsimile transmission) shall be deemed an original and all of which together shall constitute one and the same instrument .

20. Binding Effect. This Agreement shall be binding upon and inure to the benefit of Landlord and Wasatch as weil as their successors and assigns.

IN WITNESS WHEREOF, Landlord and Wasatch have caused these presents to be signed by their duly authorized representatives on the dates indicated.

LANDLORDSOF'I'WARE.COM LLC

Douglas Rutherford President

Date:

LICENSE, RIGHT TO USE, AND COVENANT NOT TO SUE UNITED STATES TRADEMARK REGISTRATION NO . 3,089,816 Page 4 of 5 WASATCH DIGITAL MEDIA, ANC .

Jam' rasmeye:t• President

Date: J Z/ 9//)

LICENSE, RIGHT TO USE, AND COVENANT NOT TO SUE UNITED STATES TRADEMARK REGISTRATION NO. 3,089,816 Page 5 of 5