Offc Action Outgoing

LONERGAN

PENTAIR VALVES & CONTROLS, INC.

Offc Action Outgoing

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/534233

APPLICANT: Anderson, Greenwood & Co.

CORRESPONDENT ADDRESS:

MONTGOMERY W. SMITH

TYCO ENGINEERED PRODUCTS & SERVICES

THREE HOLLAND WAY

EXETER, NH 03833-2938

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

ecom102@uspto.gov

MARK: LONERGAN

CORRESPONDENT’S REFERENCE/DOCKET NO: N/A

CORRESPONDENT EMAIL ADDRESS:

Please provide in all correspondence:

1. Filing date, serial number, mark and

applicant's name.

2. Date of this Office Action.

3. Examining Attorney's name 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 76/534233

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

Search Results

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.

2(e)(4) - Surname Refusal

The examining attorney refuses registration on the Principal Register because the mark is primarily merely a surname. Trademark Act Section 2(e)(4), 15 U.S.C. §1052(e)(4); TMEP §1211. The examining attorney must consider the primary significance of the mark to the purchasing public to determine whether a term is primarily merely a surname. In re Kahan & Weisz Jewelry Mfg. Corp., 508 F.2d 831, 184 USPQ 421 (C.C.P.A. 1975). Please see the attached evidence at Exhibit 1 from the Nexis database, establishing the surname significance of the mark. TMEP §§1211 et seq.

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.

Prior Registration Cancelled

The applicant’s claim of ownership of prior registration No. 1587457 will not be published as that registration is cancelled.

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

/DominicJFerraiuolo/

Trademark Examining Attorney

Law Office 102

e-mail: ecom102@uspto.gov

(703) 920-1480

fax: (703) 746-8102

How to respond to this Office Action:

To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.

To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm 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 time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

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

EXHIBIT 1

****************************096712******************************

SEND TO: FERRAIUOLO, DOMINIC

TRADEMARK LAW LIBRARY

2101 CRYSTAL PLAZA ARC

MAILBOX 314

ARLINGTON, VIRGINIA 22202-4600
MAIL-IT REQUESTED: JANUARY 6, 2004 10083K

CLIENT:

LIBRARY: NEWS

FILE: ALLNWS

YOUR SEARCH REQUEST AT THE TIME THIS MAIL-IT WAS REQUESTED:

LONERGAN*

NUMBER OF STORIES FOUND WITH YOUR REQUEST THROUGH:

LEVEL 1... 24429

LEVEL 1 PRINTED

THE SELECTED STORY NUMBERS:

1-25

DISPLAY FORMAT: VAR KWIC

SEND TO: FERRAIUOLO, DOMINIC

TRADEMARK LAW LIBRARY

2101 CRYSTAL PLAZA ARC

MAILBOX 314

ARLINGTON VIRGINIA 22202-4600

**********************************00258**********************************

The Mercury (Australia)

January 6, 2004 Tuesday

SECTION: SPORT; Pg. 42

LENGTH: 385 words

HEADLINE: Kimberley Quest at top of cup betting

BYLINE: DAVID LONERGAN

The Mercury (Australia)

January 6, 2004 Tuesday

SECTION: SPORT; Pg. 43

LENGTH: 203 words

HEADLINE: Semi-final spot to Tasmania in fours

BODY:

... threes in the final five ends to hold off R. Uppington (South Australia) 19-14 in yesterday's preliminary round.

But his team was made to work harder for victory in the afternoon's quarter-final and a Brian Lonergan toucher in the 20th end over R. Thornton (NSW) set up victory for the Tasmanians 22-18.

Braithwaite's opponent in today's semi-final will be Allan Firth (Victoria), who had an easier match in his ...

Columbus Dispatch (Ohio)

January 5, 2004 Monday, Home Final Edition

SECTION: NEWS; Pg. 04C

LENGTH: 543 words

HEADLINE: BEXLEY PARK PROJECT;

BOARDWALK PUTS SCOUT ON PATH TO EAGLE

BYLINE: Kirk D. Richards, THE COLUMBUS DISPATCH

BODY:

... said.

With the expert help, Alex Kolada took charge.

"I just waited for Alex to tell me to do something like, 'Go bring boards down from the top of the hill' or 'Drill screws into a board,' stuff like that," said Scout Ben Lonergan, 15, a freshman at St. Charles Preparatory School. "It's fun."

Along the way, the Scouts learned lessons, such as the value of wearing "stuff you don't care if it gets dirty or torn," said Brooks Clensy, 16.

"The first day, ...

The Mercury (Australia)

January 5, 2004 Monday

SECTION: SPORT; Pg. 33

LENGTH: 369 words

HEADLINE: Queen of Egypt set for bigger and better races

BYLINE: DAVID LONERGAN

Philadelphia Inquirer

January 5, 2004 Monday CITY-D EDITION

SECTION: LOCAL NEWS SPORTS; Pg. D11

LENGTH: 240 words

HEADLINE: What's Up A look ahead at some of the week's must-see events

BODY:

... at Archbishop Carroll,

7:30 p.m.

Two of the Catholic League's best programs square off in this early-season matchup.

Tomorrow

Girls' Basketball

Council Rock North at Central Bucks East, 7 p.m.

Coach Tom Lonergan has built the C.B. East Patriots into a perennial power since taking over the reins in 1999.

CanWest Global Communications Corp.

St. John's Telegram (Newfoundland)

January 5, 2004 Monday Final Edition

SECTION: Insight; A Backward Glance; Pg. A7

LENGTH: 1442 words

HEADLINE: Building a church's foundation: Rev. James Louis O'Donel was the first Roman Catholic bishop of Newfoundland

BYLINE: Bert Riggs

BODY:

... duties was to assert his jurisdiction over the priests who were already in residence. Most of them were quite happy to accept him as their spiritual leader but a few resisted his authority and were openly defiant.

These he dealt with firmly, going as far as to excommunicate two priests, Patrick Lonergan and Patrick Power, both of whom refused to acknowledge him as the chief representative of the church in Newfoundland.

While Governor Campbell had been extremely supportive of the desire of Catholics to practice their religion, two of his successors, John Elliot and Mark Milbanke were openly hostile to Catholic aspirations.

During ...

Sydney Morning Herald

January 5, 2004 Monday

SECTION: Metropolitan; Pg. 22

LENGTH: 526 words

HEADLINE: Rich Moment For Chemical Rebels

BYLINE: Stephen Dunne

BODY:

The setting has changed but Kenneth Lonergan's This Is Our Youth remains darkly comic and tender, writes Stephen Dunne.

Old Fitzroy Hotel Theatre, until January 10. Tickets $24/$18. Bookings: 9294 4296 or www.oldfitzroy.com.au

... girlfriend. After the boys share a joint, an optimistic scheme involving diluted coke dealing is hatched to allow Warren to pay his dad back, and as a by-product brings Jessica closer to Warren's diffidently vague embraces.

Kenneth Lonergan's darkly comic and surprisingly tender 1996 play certainly emphasises the "wasted" in "wasted youth", though Torr needs a workshop in rolling a functional three-paper joint.

Ash Lyons's strong production effectively shifts the ...

PERSON:

OLIVER TORR (67%); KENNETH LONERGAN (60%); KAY HARRISON (55%); MATT ZEREMES (55%);

The Times (London)

January 5, 2004, Monday

SECTION: Sport; The Game 10

LENGTH: 257 words

HEADLINE: Preston North End 3 Reading 3

BODY:

... J Gould -G Alexander, C Davis, C Lucketti, M Jackson, E Lewis -P McKenna, B O'Neil, M Keane -D Healy, R Fuller (sub: P Abbott, 83min).

Substitutes not used: A Lonergan, D Etuhu, T Mears, L Cartwright. Booked: Healy

Reading (4-4-2): M Hahnemann -G Murty, A Williams, S Brown, N Shorey (sub: J Salako, 65) -S Murray, R Newman, ...

Daily Star

January 4, 2004

SECTION: SPORT FOOTBALL; Pg. 58

LENGTH: 191 words

HEADLINE: PRESTON 3 READING 3; IT'S A TIE FULLER ACTION

BYLINE: by WILL ROBSON

BODY:

... defender Jackson.

Fuller rescued Preston with two headers either side of Davis deflecting a Scott Murray cross into his own net.

PRESTON: Gould, Alexander, Davis, Lucketti, Jackson, Lewis, McKenna, O'Neil, Keane, Healy, Fuller. Subs:

Lonergan, Etuhu, Abbott, Mears, Cartwright.

READING: Hahnemann, Murty, Williams, Brown, Shorey, Murray, Newman, Sidwell, Harper, Savage, Goater. Subs: Young, Ingimarsson, Watson, Salako, Morgan.

Ref: E Ilderton.

eFinancialNews.com

January 4, 2004

LENGTH: 1279 words

HEADLINE: Pitched battle for portfolio trading business

BYLINE: Ben Sills

BODY:

... strategy at Citigroup, said: "We see lots of cross-continental flow from here. If Europe is quiet, Japan or the US can provide flow instead."

Competitors certainly have a grudging respect for the Deutsche approach. Merrill Lynch has recently hired Phil Lonergan from Deutsche to run its risk book alongside Freda, bringing on board a bit of the Deutsche aggression, albeit tempered with the control more characteristic of the house.

However tough the competition gets, Ashdown at Goldman argues that you have to stay in portfolio trading if you are ...

The News Tribune (Tacoma, Washington)

January 4, 2004, Sunday

SECTION: South Sound; Pg. A01

LENGTH: 2534 words

HEADLINE: New City Council readies for first meeting with much to accomplish; Tacoma: Balancing budget, restoring trust among issues

BYLINE: JASON HAGEY, The News Tribune

BODY:

... active.

Anderson said she likes the idea as long as the public is included in the process. A finance committee could even be helpful, she said, in communicating the need for budget cuts in a "kitchen-table" kind of way.

Councilman Mike Lonergan said the council needs to guard against using the committee-driven approach to keep some council members out of the debate on certain issues.

"I hope it's not a Trojan horse," said Lonergan, who complained along with Baarsma about being shut out of the discussion recently over plans to sell the naming rights for the Tacoma Dome to Comcast Cable.

Culture change

The newcomers are hoping to change the culture at City Hall and public ...

... South Tacoma, South End neighborhoods south of 56th Avenue)

* Occupation: Program coordinator for Safe Streets

* Elected: 2001

* Term expires: Dec. 31, 2005

* To reach her: 253-591-5100; cladenbu£cityoftacoma.org

Councilman Mike Lonergan

At-large (elected citywide)

* Occupation: Executive director of the Tacoma Rescue Mission

* Elected: 2001

* Term expires: Dec. 31, 2005

* To reach him: 253-591-5100; mlonerga£cityoftacoma.org

Councilman Spiro Manthou

District No. 1 ( ...

GRAPHIC: BW PHOTO: Baarsma BW PHOTO: Ladenburg BW PHOTO: Phelps BW PHOTOS: Manthou -- Evans -- Walton -- Stenger -- Lonergan -- Anderson -- Talbert (A06) SIDEBARS: Meet the new Tacoma City Council -- Possible issues the council will deal with (A06)

Sunday Age (Melbourne)

January 4, 2004 Sunday

SECTION: Sport; Pssst; Pg. 27

LENGTH: 1361 words

HEADLINE: Leapssster

BYLINE: Leaping Larry L

BODY:

... a lot of Victorians interested in this one (Crows v Port)."

JOHN BARNES: "I don't think so Mike. They just want them to punch the crap out of each other."

- Fox League Teams, Fox Footy, April

DAN LONERGAN: "Decision by (umpire) Justin Schmitt."

MARK McCLURE: "Yeah, a Schmitt decision."

- Carlton-Brisbane, Radio 774, June

"There's an element of history about today. Crowd currently - three."

- Clinton Grybas, pre-match, Melbourne-Fremantle, ...

Global News Wire - Europe Intelligence Wire

The Sunday Independent (Ireland)

January 4, 2004

FT-ACC-NO: A2004010498-6D6B-GNW

LENGTH: 784 words

HEADLINE: GOLF NOTICES

BODY:

... starts today. East of Ireland Spring League starts Wednesday, t'sheet 0404-47415

FORREST LITTLE T Judd (7), S Dunne (10), E Judd (18) & I Carrigan(34) 60; J Marron (12), J Lonergan (15), G Flynn (11) & M Flynn (13)60. Sat: P Gunn (13)& B Lynch (21) 31, L Hughes (12) & J Forsyth (15) 29, C Phelan (14) & D Kelly (8) 29. ...

Global News Wire - Europe Intelligence Wire

The Sunday Independent (Ireland)

January 4, 2004

FT-ACC-NO: A200401049C-6D6B-GNW

LENGTH: 2243 words

HEADLINE: FOR THE RECORD

BODY:

... Armagh 1-11 (K McGuigan 1-1, J Quigley 0-4, P Toal 0-3, F McAnerney, G Swi ft, S Morrison 0-1 each), Emmets Carrickmacross 0-7 (S Downey 0-5, McNally, P Lonergan 0-1 each).

LEINSTER IF TOURNAMENT , Pullough: Dundalk Gaels 2-13 (D Coleman 0-9 (4f), A Coleman 1-2, A McSorley 1-0, C McArdle, P Burke 0-1 each) Erin Rovers 3-8 ( ...

The Sunday Telegraph (Sydney, Australia)

January 4, 2004 Sunday

SECTION: SPORTTABLE; Pg. 70

LENGTH: 2724 words

HEADLINE: ALL THE DETAILS - PART ONE OF THREE

BODY:

... .46

N CONNOLLY run out ....18

S COYTE c and b M Clarke ....55

J BURKE run out ....14

K LUITERS run out ....3

B VAN DEINSEN run out ....0

D LONERGAN c D Clarke b Barry ....22

O BABULA b N Clarke ....1

C COWEN b Barry ....0

J NUPIER b M Clarke ....4

M CLAYDON not out ....4

Sundries ....26 ...

The Times Union (Albany, NY)

January 4, 2004 Sunday THREE STAR EDITION

SECTION: CAPITAL REGION, Pg. D3

LENGTH: 840 words

HEADLINE: BIRTHS

BODY:

... TEDISCO, Emma Rose, daughter of Patricia and Brett Tedisco, Schenectady, 6 lbs. 10 oz., Sept. 23. SALCIDO-LOPEZ, Skylar Isabella, daughter of Shellee Taylor and Paul Lopez, Scotia, 4 lbs. 9 oz., Sept. 25. LONERGAN, Kaitlyn Rose, daughter of Stacy Stephens and Michael Lonergan, Schenectady, 5 lbs. 7 oz., Sept. 26. LAURA, Mercedes Jackeline, daughter of Jessica and Fredy Laura, Duanesburg, 8 lbs. 11 oz., Sept. 26. RODRIGUEZ, Isaias Rafael, son of Barbara Brito and Rafael Rodriguez, Schenectady, ...

AAP NEWSFEED

January 3, 2004, Saturday

SECTION: Sports News

LENGTH: 217 words

HEADLINE: Crik: LO Western Suburbs v Campbelltown Camden

BODY:

... Burkhart 46

N CONNOLLY run out 18

S COYTE c and b M Clarke 55

J BURKE run out 14

K LUITERS run out 3

B VAN DEINSEN run out 0

D LONERGAN c D Clarke b Barry 22

O BABULA b N Clarke 1

C COWEN b Barry 0

J NUPIER b M Clarke 4

M CLAYDON not out 4

Sundries 26

Total ...

The Irish Times

January 3, 2004

SECTION: CITY EDITION; MAGAZINE; WINE; Pg. 87

LENGTH: 436 words

HEADLINE: Top Ten Bargains

BODY:

... luscious apricot and pineapple character. Look out for the pale blue bottle. From Bubble Bros, English Market & Marina, Cork; Village Greengrocer, Castlemartyr; West Cork Gourmet Store, Ballydehob; Dungarvan Wine World; Sky & Ground, Wexford; Lonergans, Clonmel; Croughans, Athlone; Herans, Boyle; Mortons of Galway; Mortons of Ranelagh; Drinkstore, Manor Street and others, about E9.95.

Clos Malverne Sauvignon Blanc, Stellenbosch 2003. Exuberant young South African Sauvignon, wafting intense aromas of gooseberries, ...

The News Tribune (Tacoma, Washington)

January 2, 2004, Friday

SECTION: South Sound; Pg. B01

LENGTH: 481 words

HEADLINE: The Nose: Does new name for school field mean cheering for the Novas?

BODY:

... during nearly two hours of presentations and farewells, you'd think the city could have bottled and sold it to Brown & Haley to help cut that

$25 million deficit.

In one playful little jab, Kevin Phelps apologized on behalf of Mike Lonergan when Lonergan referred to the departing Bil Moss as "plain old Councilwoman Moss." (She'd given up her deputy mayor title for the evening.) Lonergan didn't mean to call Moss "old," Phelps told the audience. He really meant "former."

A few minutes later, Lonergan stood up, strolled over to Moss and planted a kiss on her forehead.

So much sweetness and light. If these guys had yearbooks, they'd have signed them "your best friend" and vowed to get together during summer vacation.

- - -

Got news for The ...

Tampa Tribune (Florida)

January 2, 2004, Friday, FINAL EDITION

SECTION: BAYLIFE, Pg. 5

LENGTH: 4425 words

HEADLINE: BIRTHS

BODY:

... Nicole); Jason Jon and Jennifer Lacy Marshall (Timothy Parker); Craig and Lydia Brassington (Christopher Paul); Natasha Monique Brown (Jemeilla Ellenannria); Frank Peterson Jr. and Lori Ann Drysdale (Jacob Calvin).

NOV. 29: Shane Day Lonergan and Gwen Ellen Morehouse (Evan Thomas); Jason Henry and Angel Ann Zysk (Presley Erin); Robert and Andrea Sloan (Logan Riley): Alejandro and Stephanie Ann Juarez (Alejandro II).

DEC. 2: James Edward Giles and Lynsey Andrea ...

Alameda Times-Star (Alameda, CA)

January 1, 2004 Thursday

SECTION: BAY AREA LIVING

LENGTH: 915 words

HEADLINE: 2003 shows alive with 'Soul,' 'Arms' 'Courage'

BODY:

... highly polished gem full of brainy jokes, cartoonish humor and heart-melting lyricism.

Much more grounded in everyday reality and the small moral crises of life in the 21st century was Aurora Theatre Company's "Lobby Hero." Kenneth Lonergan's beautifully written drama and Tom Ross' impeccable direction helped create likable and wholly believable characters whose passions and weaknesses intersect in a New York apartment building lobby. A near-perfect cast headed by T. ...

The Mercury (Australia)

January 1, 2004 Thursday

LENGTH: 318 words

HEADLINE: Rattray taking on young guns

BYLINE: DAVID LONERGAN

Phoenix New Times (Arizona)

January 1, 2004 Thursday

SECTION: Culture/Stage

LENGTH: 776 words

HEADLINE: The Best and the Rest

Our drama critic reviews the year in theater

BYLINE: By Robrt L. Pela

BODY:

... who missed Jessica Godber's amazing take on Sally Bowles can catch the remount, which just opened and plays for the next several weeks.

Godber's wasn't the only notable turn this year. Kwane Vedrene gave a quietly convincing performance as a young cabbie in Black Theatre Troupe's Jitney, and Luke Krueger was a standout in Stray Cat Theatre's This Is Our Youth, Kenneth Lonergan's sometimes funny, always moving examination of the Me Generation. Several other shows were memorable for a single performance, like Lisa Koch's in Arizona Theatre Company's Dirty Blonde. Koch played both Mae West and one of her fans in Claudia Shear's sort-of movie-star bio, which director Jeff Steitzer built around Koch, whose Mae West was -- thankfully! -- more of an interpretation of the film ...

COMPANY: ARIZONA THEATRE CO (83%);

Akron Beacon Journal (Ohio)

December 31, 2003 Wednesday 4X EDITION

SECTION: E; Pg. 4

LENGTH: 587 words

HEADLINE: The power of chicken soup;

Lab tests show it inhibits neutrophil migration -- it helps when you're sick

BYLINE: By Joan Reminick; Newsday

BODY:

... rise during the cold-flu season, but the restaurant also runs a burgeoning soup-by-mail business. Parents send containers of it to ailing sons and daughters at college. ''We've even mailed soup to Alaska,'' she said.

Colleen Lonergan, manager of Republic, an Asian noodle restaurant in Union Square, N.Y., said she sees a ''big jump in business, especially in delivery'' as the weather chills and fevers go up.

''Soups go from being sold at ...

Buffalo News (New York)

December 31, 2003 Wednesday, FINAL EDITION

SECTION: SPORTS, Pg.C1

LENGTH: 697 words

HEADLINE: FOR AULD ACQUAINTANCE, A YEAR TO FORGET/

BODY:

... I know I'm supposed to be grateful to Tom Golisano for keeping the team in Buffalo, but does that mean Darcy and Lindy get to stay forever? Do we have to be doomed to watching a bunch of sissies?"

"Look on the bright side, Rex. Pete Lonergan has turned around the Medaille women's basketball program."

"Cute," Rex said. "Meanwhile, UB doesn't have a president or athletic director. The football team won its usual one game. The basketball team won five last year. Canisius can't ...