Offc Action Outgoing

RESPONSE TIME LIMIT: 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 http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.

Serial Number 76/292573

This letter responds to applicant’s communication filed on April 3, 2006.

The refusal to register the mark pursuant to Section 2(d) is withdrawn. However, the following issue remains outstanding and the requirement for compliance is hereby made FINAL.

Identification of Goods

The identification of goods is unacceptable as indefinite for the reasons set forth below. TMEP section 1402. The applicant may adopt the following identification, if accurate:

Metal hose couplers; metal [provide common commercial name] for connecting refrigeration

services hoses to access valves, in International Class 6.

Refrigeration accessories, namely service manifolds sold as a unit with_____[specify] ~~hoses and metal hose couplers, metal for connecting refrigeration service hoses to access valves; piercing and shut off valves~~; manifold repair kits comprised of valve handles [class depends on type of valves], spring assemblies discs, diaphragms, stems, washers [specify type, e.g.: high pressure washers] and actuators [specify type, e.g.: pneumatic, linear, or hydraulic] all sold together as kits, in international Class 7.

Manually operated pipe and tubing working tools, in the nature of tube bending, flaring, swaging, shearing, reaming, deburring and cutting tools, namely [specify common commercial name]; manually-operated ratchet wrenches for tube fittings; hand operated wire cutters, crimpers and strippers, in International Class 8.

Pressure gauges; battery chargers; thermometers not for medical use; testing units for air conditioners and refrigerators; pinch off tools namely [specify common commercial name]; tubing test plugs; refacing tools, in International Class 9.

Coolant charging units for refrigerators and air conditioners, in International Class 11.

Hoses [indicate rubber or plastic and purpose], in International Class 17.

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 2.71(a); TMEP section 1402.09. Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.

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):

(1) Applicant must list the goods/services by international class with the classes listed in ascending numerical order;

(2) Applicant must submit a filing fee 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

(3) For each additional class of goods and/or services, applicant must submit:

(a) dates 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;

(b) one specimen 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 filing date of the application;

(c) 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

(d) verification 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. §§2.6, 2.34(a), 2.59, 2.71(c), and 2.86(a); TMEP §§810, 904.09, 1403.01 and 1403.02(c).

Please note that the specimen(s) of record are acceptable for class(es) 8, 9, and 11 only.

Appropriate Response – Final Action

Please note that the only appropriate responses to a final action are (1) compliance with the outstanding 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).

Tricia McDermott Thompkins /TMT/

Senior Attorney

Law Office 101

Direct Dial: (571) 272-9463

Facsimile: (571) 273-9101

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 http://www.gov.uspto.report/teas/index.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 respond 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 filing 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://tarr.uspto.gov.

VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.

GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm

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