UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.

 

ISSUE/MAILING DATE: 12/30/2007

 

The examining attorney has received and reviewed the applicant’s Response to Office Action dated December 04, 2007.  The examining attorney has issued this Non-Final Office Action so that the applicant may respond to the following new issue(s).

 

Identification of Goods – Classification of Goods:

 

The wording “gas delivery system components used in liquid propane gas applications” in the identification of goods needs clarification because it is too broad and could include goods classified in other international classes.  TMEP §§1402.01 and 1402.03.  The identification of goods is indefinite and must be clarified.  Applicant must specify the industry or field in which the goods are used or intended to be used.  Applicant may substitute the following wording, if accurate:  “Gas delivery system components used in liquid propane gas applications for heating.” TMEP §§1402.01 and 1402.03.

 

Applicant classified the goods “couplings” in International Class 11; however, the correct classification is either International Class 06 or 17.  Applicant must either delete these goods or add International Class 06 or 17 to the application.  37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §1401.04(b).  The wording “coupling” in the identification of goods needs clarification because it is too broad and could include goods classified in other international classes.  TMEP §§1402.01 and 1402.03.  Applicant may substitute the following wording, if accurate:  “Metal couplings for use in delivering liquid propane gas to liquid propane gas devices” in International Class 06 or “Non-metal couplings for use in delivering liquid propane gas to liquid propane gas devices” in  International Class 17.  TMEP §§1402.01 and 1402.03.

 

The wording “accessories for use in delivering liquid propane gas to liquid propane gas devices, namely valves, piping and tubing, gauges, t-shaped connectors, mounting brackets, pigtails and quick disconnect devices” in the identification of goods needs clarification because it is too broad and could include goods classified in other international classes.  TMEP §§1402.01 and 1402.03.  Since each accessory is understood to be an individual good for use in commerce, they must be clarified by composition and intended use.  The applicant has indicated acceptable changes below.  

 

Applicant classified the goods “gauges” in International Class 11; however, the correct classification is International Class 09.  Applicant must either delete these goods or add International Class 09 to the application.  37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §1401.04(b).  The wording “gauge” in the identification of goods needs clarification because it is indefinite.  TMEP §§1402.01 and 1402.03.  Applicant may substitute the following wording, if accurate:  “level gauges” in  International Class 09.  TMEP §§1402.01 and 1402.03.

 

The wording “pigtails” in the identification of goods needs clarification because it is too broad and could include goods classified in other international classes.  TMEP §§1402.01 and 1402.03.  When an applicant has submitted an unacceptable identification of goods and/or services, it is Office practice to suggest acceptable substitute wording.  In this case, however, the trademark examining attorney is unable to suggest substitute wording because the nature of the goods and/or services is unclear from the application record.  TMEP §1402.01(e).

 

In the identification of goods, applicant must use the common commercial or generic names for the goods, be as complete and specific as possible, and avoid the use of indefinite words and phrases.  If applicant uses indefinite words such as “accessories,” “components,” “devices,” “equipment,” “materials,” “parts,” “systems” or “products,” such words must be followed by “namely,” followed by a list of the specific goods identified by their common commercial or generic names.  TMEP §§1402.01 and 1402.03(a).

 

Applicant may adopt the following identification of goods, if accurate: 

 

Class 06:            “Metal couplings for use in delivering liquid propane gas to liquid propane gas devices; Accessories for use in delivering liquid propane gas to liquid propane gas devices for heating purposes, namely metal valves, piping and tubing, t-shaped connectors, mounting brackets, and quick disconnect couplings for use with delivering liquid propane gas to liquid propane gas devices”

 

Class 09:          “Level gauges”

 

Class 11:            “Gas delivery system components used in liquid propane gas applications for heating, namely gas manifolds and related structural fittings.”

 

Class 17:            “Non-metal couplings for use in delivering liquid propane gas to liquid propane gas devices; Accessories for use in delivering liquid propane gas to liquid propane gas devices for heating purposes, namely non-metal flexible piping, tubing and quick disconnect couplings”

 

For assistance with identifying and classifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html.

 

Please note that, while the identification of goods may be amended to clarify or limit the goods, adding to the goods or broadening the scope of the goods is not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  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.

 

Classification of Goods

 

If applicant adopts the suggested amendment of the goods, then applicant must amend the classification to either appropriately conform to International Classes 06, 09, 11 or 17.  37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §§1401 et seq.  Alternatively, the applicant may adopt International Classes 06, 09, 11 and 17, if appropriate.

 

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 based on an intent to use the mark in commerce under Trademark Act Section 1(b):

 

(1)   Applicant must list the goods by international class with the classes listed in ascending numerical order.  TMEP § 1403.01; 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).  37 C.F.R. §2.86(a)(2); TMEP §§810 and 1403.01.

 

Responding to This Office Action:

 

No set form is required for response to this Office action.  The applicant must respond to each point raised.  The applicant should simply set forth the required changes or statements and request that the Office enter them.

 

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

 

 

/Dominic Fathy/

Trademark Examining Attorney

Law Office 108

571-272-8801 (phone)

571-273-8801 (fax)

dominic.fathy@uspto.gov

 

 

RESPOND TO THIS ACTION: If there are any questions about the Office action, please contact the assigned examining attorney. A response to this Office action should be filed using the form available at http://www.gov.uspto.report/teas/eTEASpageD.htm. If notification of this Office action was received via e-mail, no response using this form may be filed for 72 hours after receipt of the notification. Do not attempt to respond by e-mail as 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.

 

 

 

 

                                                                

IMPORTANT NOTICE

USPTO OFFICE ACTION HAS ISSUED ON 12/30/2007 FOR

APPLICATION SERIAL NO. 77145086

 

Please follow the instructions below to continue the prosecution of your application:

  

VIEW OFFICE ACTION: Click on this link http://tmportal.gov.uspto.report/external/portal/tow?DDA=Y&serial_number=77145086&doc_type=OOA&mail_date=20071230 (or copy and paste this URL into the address field of your browser), or visit http://tmportal.gov.uspto.report/external/portal/tow and enter the application serial number to access the Office action.

 

PLEASE NOTE: The Office action may not be immediately available but will be viewable within 24 hours of this notification.

 

RESPONSE MAY BE REQUIRED: You should carefully review the Office action to determine (1) if a response is required; (2) how to respond; and (3) the applicable response time period. Your response deadline will be calculated from 12/30/2007.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed responses.  Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System response form at http://www.gov.uspto.report/teas/eTEASpageD.htm.

 

HELP: For technical assistance in accessing the Office action, please e-mail

TDR@uspto.gov.  Please contact the assigned examining attorney with questions about the Office action. 

 

        WARNING

1. The USPTO will NOT send a separate e-mail with the Office action attached.

 

2. Failure to file any required response by the applicable deadline will result in the ABANDONMENT of your application.