Examiners Amendment Priority

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.

AMENDMENT: In accordance with the authorization granted by George A. Rolston on February 4, 2009, the application has been AMENDED as indicated below. Please advise the undersigned immediately if there is an objection to the amendment. Otherwise, no response is necessary. TMEP §707.

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).

Significance of the Mark:

The following statement is added to the record:

The wording “AEROMAXX” has no meaning other than trademark significance.

37 C.F.R. §2.61(b); TMEP §808.01(c).

PRIORITY ACTION

The following issues were discussed with the person listed above. Applicant’s attorney has agreed to comply with the stated requirements as follows:

Identification:

Applicant will adopt the following identification of goods:

International Class 19 – Hard window coverings, namely, non-metal window shutters; soft window coverings, namely, non-metal exterior blinds

International Class 20 – Soft window coverings, namely, window blinds

TMEP §1402.01.

For assistance with identifying and classifying goods and/or services in trademark applications, applicant is strongly urged to consult the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html. See TMEP §1402.04. Although identifications of goods may be amended to clarify or limit the goods, adding to or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07. 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.

Multiple Class Requirements:

If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the following for those goods and/or services based on an intent to use the mark in commerce under Trademark Act Section 1(b) and/or a foreign registration under Trademark Act Section 44(e):

(1) Applicant must list the goods and/or services by international class; and

(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).

See 37 C.F.R. §§2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).

Designation of Domestic Representative (Advisory):

Applicant may designate a domestic representative upon whom notices or process may be served. If applicant does not designate a domestic representative, notices or process in proceedings affecting the mark may be served on the Director of the United States Patent and Trademark Office. 15 U.S.C. §§1051(e), 1141h(d); 37 C.F.R. §2.24; TMEP §604.

Applicant is encouraged to file a designation of domestic representative online via the Office’s website at http://www.gov.uspto.report/teas/index.html. In addition, the following format may be used to file a Designation of Domestic Representative on paper for submission via regular mail.

DESIGNATION OF DOMESTIC REPRESENTATIVE

________________________ _________________________

Identify the mark Serial No.

________________________ _________________________

Name of applicant Date of signature

__________________________________________________________________

(Name of domestic representative)

whose postal address is ______________________________________________

__________________________________________________________________

is hereby-designated applicant’s representative upon whom notices or process in proceedings affecting the mark may be served.

____________________________

(Signature of applicant)

TEAS Response Suggested:

To expedite prosecution of this application, applicant is encouraged to file its response to this Office action online via the Trademark Electronic Application System (TEAS), which is available at http://www.gov.uspto.report/teas/index.html.

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

James W. MacFarlane

/James W. MacFarlane/

Trademark Examining Attorney

Law Office 104

Phone: 571-270-1512

Fax: 571-270-2512

RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.gov.uspto.report/teas/eTEASpageD.htm, waiting 48-72 hours if applicant received notification of the Office action via e-mail. For technical assistance with the form, please e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned examining attorney. Do not respond to this Office action by e-mail; the USPTO does not accept e-mailed responses.

If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.

STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.