UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

EXAMINER’S AMENDMENT/PRIORITY ACTION

 

OFFICE SEARCH:  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. Section 1052(d).  TMEP section 704.02.   

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE.   This case will be given priority as an amended case if you respond to the requirements stated below within two months. 

 

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

 

 

Serial Number 76/537849

 

EXAMINER'S AMENDMENT

 

In accordance with the authorization granted by William Cochran on March 3, 2004, the application has been AMENDED as indicated below.  If the identification of goods or services has been amended, please note that any future amendments must be in accordance with 37 C.F.R. 2.71(a); TMEP section 1402.07(e).  Please advise the undersigned if there is an objection to the amendment.   

 

ENTITY, CITIZENSHIP AND DBA

 

The applicant is Bill Kusmik, an individual U.S. citizen doing business (dba) as The Heat Exchange.

 

 

 

PRIORITY ACTION

 

This case will be given priority as an amended case if you respond to the requirements stated below within two months.

 

IDENTIFICATION OF GOODS AND SERVICES

 

The identification of goods and services is unacceptable as indefinite.  The applicant may adopt the following identification, if accurate:  TMEP §1402.01.

 

Class 35

 

“Retail stores featuring heating and air conditioning systems, plumbing supplies, fireplaces, air conditioners, water heaters and walk-in coolers,” in class 35 and/or “Wholesale distributorships featuring heating and air conditioning systems, plumbing supplies, fireplaces, air conditioners, water heaters and walk-in coolers,” in class 35.

 

Class 37

 

“Installation and repair of furnaces, air conditioners, electrical heating and air conditioning systems, plumbing, fireplaces, air conditioners, water heaters and walk-in coolers; and air duct cleaning,” in class 37.

 

Class 6

 

“Ventilating ducts of metal,” in class 6.

 

Class 9

 

“Thermostats,” in class 9.

 

Class 11

 

“Furnaces, hot water heaters, air conditioners, humidifiers, dehumidifiers, walk in coolers, fireplaces, and exhaust vents and combustion air vents for gas appliances,” in class 11.

 

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. §2.71(a); TMEP §1402.06.  Therefore, the applicant may not amend to include any goods or services that are not within the scope of the goods and services recited in the present identification.

 

REQUIREMENTS FOR ADDING ADDITIONAL CLASSES

 

If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following.

 

(1)  The applicant must list the goods/services by international class with the classes listed in ascending numerical order.  TMEP §1403.01.

 

(2)  The applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid.  Applicant has paid for two classes.  37 C.F.R. §§2.6(a)(1) and 2.86(a); TMEP §§810.01 and 1403.01.  Effective January 1, 2003, the fee for filing a trademark application is $335 for each class.  This applies to classes added to pending applications as well as to new applications filed on or after that date.  

 

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

 

 

 

 

/Chrisie Brightmire King/

Examining Attorney

Law Office 103

(703) 534-4197

chrisie.king@uspto.gov

 

 

 

 

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 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