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 November 30, 2006.

The Office has reassigned this application to the undersigned trademark examining attorney.

Requirement Maintained and Continued:

The following requirement is maintained and continued: (1) Identification of Goods. Please see below for additional information.

Identification of Goods - CONTINUED:

THIS REQUIREMENT APPLIES TO CLASS(ES) 009 AND 011 ONLY.

The identification of goods or services should set forth common names, using terminology that is generally understood. The identification of goods or services must be specific, definite, clear, accurate and concise. See In re Societe Generale des Eaux Minerales de Vittel S.A., 1 USPQ2d 1296 (TTAB 1986), rev'd on other grounds, 824 F.2d 957, 3 USPQ2d 1450 (Fed. Cir. 1987); Procter & Gamble Co. v. Economics Laboratory, Inc., 175 USPQ 505 (TTAB 1972), modified without opinion, 498 F.2d 1406, 181 USPQ 722 (C.C.P.A. 1974); In re Cardinal Laboratories, Inc., 149 USPQ 709 (TTAB 1966); California Spray-Chemical Corp. v. Osmose Wood Preserving Co. of America, Inc., 102 USPQ 321 (Comm'r Pats. 1954); Ex parte A.C. Gilbert Co., 99 USPQ 344 (Comm'r Pats. 1953).

The wording “testing units for air conditioners and refrigerators” in the identification of goods is indefinite and must be clarified. TMEP §1402.01. Specifically, please state, “Pressure testing units for air conditioners and refrigerators” if accurate.

The wording “piercing and shut off valves” in the identification of goods is indefinite and must be clarified. TMEP §1402.01. Specifically, please state the use of the valves. For example, “air conditioner piercing and shut off valves.”

The wording “manifold repair kits for refrigeration and air conditioning systems comprised of valve handles, springs, diaphragms, valve stems, and washers sold together as kits” in the identification of goods is indefinite and must be clarified. TMEP §1402.01. Specifically, classification of these goods is determined by the primary components of the kit. TMEP §§1401.05, 1402.01 and 1402.03. In this instance, the wording “valve handles, springs, diaphragms, valve stems, and washers” is indefinite. Applicant may state, “manifold repair kits for refrigeration and air conditioning systems comprised metal valve handles, metal springs, metal valve stems, and metal washers sold together as kits” however, this is properly classified in International Class 006.

The wording “coolant charging units for refrigerators and air conditioners” in the identification of goods is indefinite and must be clarified. TMEP §1402.01. Specifically, please identify the goods by common commercial or generic name. It is currently unclear what good the applicant is applying for.

Applicant classified the goods and/or services “tubing test plugs” in International Class 011; however, the correct classification is International Class 009. Applicant must either delete these goods and/or services or move them into International Class 009. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §1401.04(b).

Applicant may adopt the following identification of goods, if accurate:

International Class 006:

Metal couplers for hoses; and metal fittings for connecting refrigeration services hoses to access valves; manifold repair kits for refrigeration and air conditioning systems comprised metal valve handles, metal springs, metal valve stems, and metal washers sold together as kits

International Class 008:

Manually operated pipe and tube working tools, namely, tube benders, flaring tools, swaging tools, shears, reamers, deburrers, and pipe and tube cutters; manually-operated ratchet wrenches for tube fittings and fasteners; manually-operated pinch off tools for use in closing or pinching-off tubing; and hand operated wire cutters, crimpers and strippers.

International Class 009:

Pressure gauges; and pressure testing units for air conditioners and refrigerators; tubing test plugs.

International Class 011:

Pre-assembled service manifolds for servicing refrigeration and air-conditioning units; air conditioner piercing and shut off valves; coolant charging units, namely {please identify the good by common commercial or generic name} for refrigerators and air conditioners.

International Class 017:

Non-metal hoses for use in the air conditioning and refrigeration service industries.

TMEP §1402.01.

Please note that, while the identification of goods may be amended to clarify or limit the goods, adding to the goods or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.

Please also note that parentheticals are not acceptable in the identification. Where indicated “{please identify…},” the examining attorney has merely suggested ways to cure the indefiniteness of the identification. The applicant must list the goods/services without parentheses. In instances where the goods/services may be classified in several different classes, the applicant must list those goods/services separately according to class.

For assistance with identifying and classifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html.

Requirements for a Multiple Class Application:

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) 008, 009, 011, and 017 only.

Claimed Prior Registration Is Expired:

Applicant’s claim of ownership of U.S. Registration No. 0110498 will not be printed on any registration which may issue from this application because Office records show that the claimed registration is expired. Only claims of ownership of live registrations are printed. 37 C.F.R. §2.36; TMEP §812.

If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney directly at the number below.

/Colleen Dombrow/

Trademark Attorney

Law Office 101

Direct Dial: (571) 272-8262

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.