Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 76292573 has been amended as follows:
Classification and Listing of Goods/Services
Applicant hereby deletes the following class of goods/services from the application.
Class 010 for REFRIGERATION ACCESSORIES, NAMELY, SERVICE MANIFOLDS SOLD AS A UNIT, 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, SPRING ASSEMBLIES DISCS, DIAPHRAGMS, STEMS, WASHERS AND ACTUATORS ALL SOLD TOGETHER AS KITS

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 008 for MANUALLY OPERATED PIPE AND TUBE WORKING TOOLS, NAMELY, TUBE BENDERS, FLARING TOOLS, SWAGING TOOLS, SHEARS, REAMERS, DEBURRERS AND PIPE AND TUBIE CUTTERS; MANUALLY-OPERATED RATCHET WRENCHES FOR TUBE FITTINGS AND FASTENERS; HAND OPERATED WIRE CUTTERS, CRIMPERS AND STRIPPERS
Original Filing Basis: 1(a).
Proposed: Class 008 for 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
Filing Basis: 1(a).
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 009 for PRESSURE GAUGES; BATTERY CHARGERS; THERMOMETERS NOT FOR MEDICAL USE; TESTING UNITS FOR AIR CONDITIONERS AND REFRIGERATORS; PINCH OFF TOOLS; TUBING TEST PLUGS; REFACING TOOLS
Original Filing Basis: 1(a).
Proposed: Class 009 for Pressure gauges; and testing units for air conditioners and refrigerators
Filing Basis: 1(a).
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 011 for CHARGING UNITS FOR REFRIGERATORS AND AIR CONDITIONERS
Original Filing Basis: 1(a).
Proposed: Class 011 for Pre-assembled service manifolds for servicing refrigeration and air-conditioning units; piercing and shut off valves; manifold repair kits for refrigeration and air conditioning systems comprised of valve handles, springs, diaphragms, valve stems, and washers sold together as kits; coolant charging units for refrigerators and air conditioners; and tubing test plugs
Filing Basis: 1(a).
Applicant hereby adds the following class of goods/services to the application:
New:
Class 006 for Metal couplers for hoses; and metal fittings for connecting refrigeration service hoses to access valves
Section 1(b), the applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).
Applicant hereby adds the following class of goods/services to the application:
New:
Class 017 for Non-metal hoses for use in the air conditioning and refrigeration service industries
Section 1(b), the applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Fees
Fee(s) in the amount of $650 is being submitted.


Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii). If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods or services listed in the application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i). 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, or, if the application is being filed under 15 U.S.C. §1051(b), he/she believes applicant to be entitled to use such mark in commerce; 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; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /Ron Ortiz/      Date: 11/30/2006
Signatory's Name: Ron Ortiz
Signatory's Position: Chief Executive Officer

Response Signature
Signature: /Susan E. Clady/     Date: 11/30/2006
Signatory's Name: Susan E. Clady
Signatory's Position: Attorney
        
RAM Sale Number: 420
RAM Accounting Date: 12/01/2006
        
Serial Number: 76292573
Internet Transmission Date: Thu Nov 30 16:18:54 EST 2006
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-200611301618547
64708-76292573-340dc2f14ddc373a74b22a2e4
c2f2ab82b6-CC-420-20061130152113906699