UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

OFFICE ACTION

 

STRICT DEADLINE TO RESPOND TO THIS LETTER

 

ISSUE/MAILING DATE: 11/3/2011

 

STRICT DEADLINE TO RESPOND TO THIS LETTER:  To avoid abandonment of applicant’s trademark application, the USPTO must receive a complete response within thirty (30) days of the date of issuance of this letter.

 

Applicant filed a timely request for reconsideration on September 07, 2011, responding to the final Office action that issued on March 07, 2011.  Although the request does not resolve all outstanding issues, applicant has made a good faith but incomplete attempt to comply with all outstanding requirements and/or to overcome all outstanding refusals.  See 37 C.F.R. §2.65(b); TMEP §§715.03(a), 718.03(b).  Therefore, the trademark examining attorney hereby grants applicant thirty (30) days from the date of issuance of this letter to resolve all the matters that remain outstanding.  37 C.F.R. §2.65(b); TMEP §§715.03(a), 718.03(b). 

 

 

IDENTIFICATION OF GOODS

 

 

The amended identification of goods needs clarification.  For proper classification of the goods, applicant must amend some of the items in the identification by indicating that these goods are parts of geothermal heating and cooling units or geothermal-based HVAC units.  See TMEP §1402.01. 

 

Applicant should note the suggestions and explanations in bold in the proposed identification below.

 

The 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 for assistance with identifying and classifying goods and services in this trademark application.

 

 

Applicant may adopt the following identification, if accurate:  

 

International Class 011

 

Single-stage geothermal heat pumps; two-stage geothermal heat pumps; pressurized loop pumps being parts of geothermal-based HVAC systems; non-pressurized loop pumps being parts of geothermal-based HVAC systems; water-source heat pumps; pressure boosters being parts of geothermal-based HVAC units, for use in closed-loop geothermal-based HVAC units to maintain loop pressure in case of small leaks; parts for geothermal heating and cooling units, namely,

flush systems for starting and maintaining geothermal heating and cooling systems, comprising a pump, drains, couplings to connect to a geothermal system, a filter screen and a switch box , all sold as unit; parts for geothermal-based heating and cooling units, namely, pressure-temperature plugs being pressure and temperature regulators, couplings, transition sockets, gauge adapter, insert adapters, hot-water concentric connectors, heat pump adapters, and double O-ring adapters

 

 

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.  See TMEP §1402.04.

 

 

An applicant may amend an identification of goods and services only to clarify or limit the goods and services; adding to or broadening the scope of the goods and/or services is not permitted.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07 et seq.

 

 

If applicant fails to resolve all outstanding issues within the specified time period, or file a timely notice of appeal, the application will be held abandoned.  See TMEP §715.03.

 

This letter does not extend the time for filing an appeal with the Trademark Trial and Appeal Board.  TMEP §§715.03(a), 718.03(b).  An applicant must file a notice of appeal within six months of the issuance date of the final Office action.  15 U.S.C. §1062(b); 37 C.F.R. §2.64(b); TMEP §§715.03(c), 718.03(b).

 

 

 

/Evelyn Bradley/

Evelyn Bradley

Trademark Examiner

Law Office 105

(571) 272-9292

evelyn.bradley@uspto.gov

 

 

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.

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION HAS ISSUED ON 11/3/2011 FOR

SERIAL NO. 85073495

 

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

 

 

TO READ OFFICE ACTION: Click on this link or go to http://portal.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 e-mail notification.

 

RESPONSE IS REQUIRED: You should carefully review the Office action to determine (1) how to respond; and (2) the applicable response time period. Your response deadline will be calculated from 11/3/2011 (or sooner if specified in the office action).

 

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.

 

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

 

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