Examiners Amendment Priority

TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.

ISSUE/MAILING DATE:

PRIORITY ACTION

DATABASE SEARCH: The trademark examining attorney has searched the USPTO’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).

ISSUES APPLICANT MUST ADDRESS: On August 10, 2011, the trademark examining attorney and JAMES MICHAEL FAIER discussed the issues below. Applicant must timely respond to these issues. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §§708, 711.

Indefinite Identification of Goods

The identification of goods is unacceptable because it is contains items that are indefinite or improperly classified, or both. The applicant must amend the identification to specify the common commercial name of all the goods. If there is no common commercial name, the applicant must describe the product and its intended uses. TMEP §1402.01.

“Performance exhausts” is an indefinite term. These goods are in Class 7. Applicant may choose from the items below that are all taken from the online manual.

Aftermarket automobile engine exhaust systems comprised of {indicate the components, e.g., pipes, collectors, mufflers, particulate traps, etc.}

Automotive exhaust pipe

Catalytic converter units for vehicle exhausts

Engine exhaust systems comprised of pipes, collector and muffler

Engine exhaust system comprised of a particulate trap

Engine exhaust tips

Exhaust gas treatment systems for diesel engines

Exhaust manifold for engines

Exhaust mufflers for motors

Exhaust pipes for land vehicles

Exhaust silencers for engines

Headers as part of vehicle exhaust system

Intake and exhaust air flow vane assembly device for use in an internal combustion engine

Silencers as part of vehicle exhaust systems A 01 Jun 01 G N

Sub-micron fuel filters for diesel exhaust fluid

Trims for engine exhausts

“Floor mats” are in Class 27.

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.

Multiple Classes

For an application with more than one international class, called a “multiple-class application,” an applicant must meet all of the requirements below for those international classes based on an intent to use the mark in commerce under Trademark Act Section 1(b):

(1) LIST GOODS AND/OR SERVICES BY INTERNATIONAL CLASS: Applicant must list the goods and/or services by international class; and

(2) PROVIDE FEES FOR ALL INTERNATIONAL CLASSES: Applicant must submit an application filing fee for each international class of goods and/or services not covered by the fee(s) already paid (confirm current fee information at http://www.uspto.gov, click on “View Fee Schedule” under the column titled “Trademarks”).

See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).

EXAMINER'S AMENDMENT

APPLICATION HAS BEEN AMENDED: In accordance with the authorization granted by the individual identified in the Priority Action section above, the trademark examining attorney has amended the application as indicated below. Please advise the undersigned immediately of any objections. TMEP §707. Any amendments to the identification of goods and/or services may clarify or limit the goods and/or services, but may not add to or broaden the scope of the goods and/or services. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.

The goods and services have been amended as follows.

Performance automobiles and performance pick-ups; performance automobile and performance pick-ups parts, namely, body panels, spoilers, roof panels, hoods, fenders, seat covers, steering units for land vehicles and parts thereof, performance brakes for motor cars, performance suspension systems for automobiles and trucks, performance clutch mechanisms for automobiles and trucks, performance differentials, performance engines, performance wheels, rear aerodynamic diffusers, body panels, namely, side splitters, and fuel caps, in Class 12

Online retail ordering, online retail mail ordering, retail catalog ordering, and online retail stores for performance automobiles and performance pick-ups; online retail ordering, online retail mail ordering, retail catalog ordering, and online retail stores for performance automobile parts and performance pick-up truck parts, in Class 35

Class 25 is unchanged.

/Paul F. Gast/

Paul F. Gast

Trademark Attorney, Law Office 106

Phone: (571) 272-9163

Fax: (571) 273- 9106

Paul.Gast@uspto.gov

(Email: Not for Office action responses)

TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.

All informal e-mail communications relevant to this application will be placed in the official application record.

WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.

PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using Trademark Applications and Registrations Retrieval (TARR) at http://tarr.gov.uspto.report/. Please keep a copy of the complete TARR screen. If TARR shows no change for more than six months, call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/teas/eTEASpageE.htm.