Response to Office Action

T

THOMAS INDUSTRIES INC.

Response to Office Action

PTO Form 1957 (Rev 8/2005)
OMB Control #0651-0050 (Exp. 04/30/2006)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 76529194
MARK SECTION (no change)
ARGUMENT(S)

This is in response to the Office Action dated March 30, 2005 in connection with the above-referenced application.  Applicant has amended below its identification of goods and recitation of services in response to the Examining Attorney's request.  Applicant's amendments are responsive to the Examining Attorney's objections and largely identical to the already accepted identification of goods and recitation of services in Applicant's companion Application No. 76/517,405, which has already been published and for which a Notice of Allowance has already issued.

In view of the amendment hereinbelow, Applicant asserts that the application is now in condition for publication and eventual registration.

GOODS AND/OR SERVICES SECTION (1st class)(current)
INTERNATIONAL CLASS 007
DESCRIPTION
Power operated sprayers used for paint, insecticides, construction, industrial commercial and residential applications, and parts thereof; air pressure regulating valves; electric pumps, compressors and blowers; vacuum ejectors and vacuum pump machines; electric motors for machines; power tool drill bits; power apparatus for installing electrical conductors in conduits, namely, cylinders of pressurized gas fitted with valves, tubing and adaptors, launches for compressed gas cartridges, launcher attachments, line packages, line containers, cartridge nose cones, entrance adaptors, cartridge catchers, reels of rope, packages of line and nonmetallic fish tapes; reciprocating blade power saws; kits consisting of components for repairing and rebuilding rotary gear pumps for non-acqueous liquids comprised of drive and idle gears, gear shafts, pump housings, keys, bearings, seal assemblies, and o-rings; and vacuum cleaners and attachments therefor, namely, wands, wand connectors, floor attachments, rug attachments, wall brushes, crevice attachments, and upholstery attachments
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 01/00/1995
        FIRST USE IN COMMERCE DATE 01/00/1995
GOODS AND/OR SERVICES SECTION (1st class)(proposed)
INTERNATIONAL CLASS 007
DESCRIPTION
Power operated sprayers used for paint, insecticides, construction, industrial commercial and residential applications, and parts thereof; air pressure regulating valves being parts of pump machines; electric pumps, compressors for machines and industrial air blowers; vacuum ejectors and vacuum pump machines; electric motors for machines; power tool drill bits; powered electrical conductor installers for power operated sprayers, electric pumps, compressors, industrial air blowers and electric motors comprised primarily of cylinders of pressurized gas fitted with valves, tubing and adaptors, launches for compressed gas cartridges, launcher attachments, line packages, line containers, cartridge nose cones, entrance adaptors, cartridge catchers, reels of rope, packages of line and nonmetallic fish tapes; reciprocating blade power saws; kits consisting of components for repairing and rebuilding rotary gear pumps for non-acqueous liquids comprised of drive and idle gears, gear shafts, pump housings, keys, bearings, seal assemblies, and o-rings; vacuum cleaners and attachments therefor, namely, wands, wand connectors, floor brush and nozzle attachments, rug brush and nozzle attachments, wall brushes, crevice hose attachments, upholstery brush and nozzle attachments and hose attachments; and vehicle air pumps, namely, compressed air pumps
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 01/00/1995
        FIRST USE IN COMMERCE DATE 01/00/1995
GOODS AND/OR SERVICES SECTION (2nd class)(current)
INTERNATIONAL CLASS 010
DESCRIPTION Pumps for medical purposes; nebulizers; and aspirators
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 01/00/1995
        FIRST USE IN COMMERCE DATE 01/00/1995
GOODS AND/OR SERVICES SECTION (2nd class)(proposed)
INTERNATIONAL CLASS 010
DESCRIPTION
Pumps for medical purposes, namely, pumps for infusing and moving bodily fluids, air and medication from patients; breast pumps; nebulizers for respiration therapy; and aspirators for moving or collecting bodily fluids, air and medication by suction
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 01/00/1995
        FIRST USE IN COMMERCE DATE 01/00/1995
GOODS AND/OR SERVICES SECTION (3rd class)(current)
INTERNATIONAL CLASS 012
DESCRIPTION Vehicle air pumps
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 01/00/1995
        FIRST USE IN COMMERCE DATE 01/00/1995
GOODS AND/OR SERVICES SECTION (3rd class)(proposed)
INTERNATIONAL CLASS 012
DESCRIPTION Vehicle air pumps, namely, tire pumps
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 01/00/1995
        FIRST USE IN COMMERCE DATE 01/00/1995
GOODS AND/OR SERVICES SECTION (4th class)(current)
INTERNATIONAL CLASS 036
DESCRIPTION
Providing warranties and extended warranties for compressors and pumps
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 01/00/1995
        FIRST USE IN COMMERCE DATE 01/00/1995
GOODS AND/OR SERVICES SECTION (4th class)(proposed)
INTERNATIONAL CLASS 036
DESCRIPTION
Providing warranties and extended warranties for compressors and pumps
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 01/00/1995
        FIRST USE IN COMMERCE DATE 01/00/1995
GOODS AND/OR SERVICES SECTION (5th class)(current)
INTERNATIONAL CLASS 037
DESCRIPTION
Maintenance, repair, refurbishment services in the fields of compressors and pumps; providing preventative maintenance programs in the fields of compressors and pumps; providing pump exchange program; and providing warranties and extended warranties for compressors and pumps
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 01/00/1995
        FIRST USE IN COMMERCE DATE 01/00/1995
GOODS AND/OR SERVICES SECTION (5th class)(proposed)
INTERNATIONAL CLASS 037
DESCRIPTION
Maintenance, repair, refurbishment services in the fields of compressors and pumps; providing preventative maintenance programs in the fields of compressors and pumps, namely, preventative maintenance services in the fields of compressors and pumps; and providing pump exchange program, namely, rebuilding pumps that have been worn or partially destroyed
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 01/00/1995
        FIRST USE IN COMMERCE DATE 01/00/1995
SIGNATURE SECTION
RESPONSE SIGNATURE /Richard Y. Kim/
SIGNATORY NAME Richard Y. Kim
SIGNATORY POSITION Attorney for Applicant
SIGNATURE DATE 04/25/2005
FILING INFORMATION SECTION
SUBMIT DATE Mon Apr 25 13:31:45 EDT 2005
TEAS STAMP USPTO/OA-208717423-200504
25133145343107-76529194-2
004b1766ca3568c0f4cdf8419
ae3495a57-N-N-20050425132
246539620



PTO Form 1957 (Rev 8/2005)
OMB Control #0651-0050 (Exp. 04/30/2006)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 76529194 is amended as follows:    
        
Argument(s)
In response to the substantive refusal(s), please note the following:

This is in response to the Office Action dated March 30, 2005 in connection with the above-referenced application.  Applicant has amended below its identification of goods and recitation of services in response to the Examining Attorney's request.  Applicant's amendments are responsive to the Examining Attorney's objections and largely identical to the already accepted identification of goods and recitation of services in Applicant's companion Application No. 76/517,405, which has already been published and for which a Notice of Allowance has already issued.

In view of the amendment hereinbelow, Applicant asserts that the application is now in condition for publication and eventual registration.

        
Classification and Listing of Goods/Services
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 007 for Power operated sprayers used for paint, insecticides, construction, industrial commercial and residential applications, and parts thereof; air pressure regulating valves; electric pumps, compressors and blowers; vacuum ejectors and vacuum pump machines; electric motors for machines; power tool drill bits; power apparatus for installing electrical conductors in conduits, namely, cylinders of pressurized gas fitted with valves, tubing and adaptors, launches for compressed gas cartridges, launcher attachments, line packages, line containers, cartridge nose cones, entrance adaptors, cartridge catchers, reels of rope, packages of line and nonmetallic fish tapes; reciprocating blade power saws; kits consisting of components for repairing and rebuilding rotary gear pumps for non-acqueous liquids comprised of drive and idle gears, gear shafts, pump housings, keys, bearings, seal assemblies, and o-rings; and vacuum cleaners and attachments therefor, namely, wands, wand connectors, floor attachments, rug attachments, wall brushes, crevice attachments, and upholstery attachments
Original Filing Basis: 1(a).
Proposed: Class 007 for Power operated sprayers used for paint, insecticides, construction, industrial commercial and residential applications, and parts thereof; air pressure regulating valves being parts of pump machines; electric pumps, compressors for machines and industrial air blowers; vacuum ejectors and vacuum pump machines; electric motors for machines; power tool drill bits; powered electrical conductor installers for power operated sprayers, electric pumps, compressors, industrial air blowers and electric motors comprised primarily of cylinders of pressurized gas fitted with valves, tubing and adaptors, launches for compressed gas cartridges, launcher attachments, line packages, line containers, cartridge nose cones, entrance adaptors, cartridge catchers, reels of rope, packages of line and nonmetallic fish tapes; reciprocating blade power saws; kits consisting of components for repairing and rebuilding rotary gear pumps for non-acqueous liquids comprised of drive and idle gears, gear shafts, pump housings, keys, bearings, seal assemblies, and o-rings; vacuum cleaners and attachments therefor, namely, wands, wand connectors, floor brush and nozzle attachments, rug brush and nozzle attachments, wall brushes, crevice hose attachments, upholstery brush and nozzle attachments and hose attachments; and vehicle air pumps, namely, compressed air pumps
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 010 for Pumps for medical purposes; nebulizers; and aspirators
Original Filing Basis: 1(a).
Proposed: Class 010 for Pumps for medical purposes, namely, pumps for infusing and moving bodily fluids, air and medication from patients; breast pumps; nebulizers for respiration therapy; and aspirators for moving or collecting bodily fluids, air and medication by suction
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 012 for Vehicle air pumps
Original Filing Basis: 1(a).
Proposed: Class 012 for Vehicle air pumps, namely, tire pumps
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 036 for Providing warranties and extended warranties for compressors and pumps
Original Filing Basis: 1(a).
Proposed: Class 036 for Providing warranties and extended warranties for compressors and pumps
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 037 for Maintenance, repair, refurbishment services in the fields of compressors and pumps; providing preventative maintenance programs in the fields of compressors and pumps; providing pump exchange program; and providing warranties and extended warranties for compressors and pumps
Original Filing Basis: 1(a).
Proposed: Class 037 for Maintenance, repair, refurbishment services in the fields of compressors and pumps; providing preventative maintenance programs in the fields of compressors and pumps, namely, preventative maintenance services in the fields of compressors and pumps; and providing pump exchange program, namely, rebuilding pumps that have been worn or partially destroyed
        
Response Signature
        
Signature: /Richard Y. Kim/     Date: 04/25/2005
Signatory's Name: Richard Y. Kim
Signatory's Position: Attorney for Applicant
        
        
        
Serial Number: 76529194
Internet Transmission Date: Mon Apr 25 13:31:45 EDT 2005
TEAS Stamp: USPTO/OA-208717423-20050425133145343107-
76529194-2004b1766ca3568c0f4cdf8419ae349
5a57-N-N-20050425132246539620




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