TEAS Request Reconsideration after FOA

PTO Form (Rev 4/2000)

OMB No. 0651-.... (Exp. 08/31/2004)

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PTO Form (Rev 4/2000)

OMB No. 0651-.... (Exp. 08/31/2004)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 85073495 has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The examining attorney has refused registration on the basis of continuing objections to the Identification of Goods. By this paper, Applicant makes a bona fide attempt to amend the Identification of Goods in order to address these objections and so place the application in condition for approval.

More specifically, Applicant proposes to eliminate those goods now designated by the examining attorney as falling in an International Class other than Class 011, to eliminate any goods alleged by the examining attorney to fall outside of the scope of the original Identification of Goods, and to specify by the common commercial name -- and with additional explanatory description as necessary -- those goods remaining in the Identification of Goods as amended.

With reference to the original Identification of Goods, Applicant respectfully submits that the goods as now presented fall within the scope of the originally-listed goods.

To the extent that the examining attorney maintains that any of the goods as now identified fail in respect of using the common commercial name therefor, attention is drawn to the Applicant's products brochure available here: http://www.comfort-aire.com/downloads/category/75/geomax-2-two-stage-split-syste and Applicant's products catalog available here: http://www.comfort-aire.com/downloads/category/78/geothermal-accessories.

Should any questions remain respecting the proposed Identification of Goods, or should the examining attorney be amenable to a telephone interview to resolve any outstanding issues, communications may be directed to Applicant's attorney of record at (734) 623-1906 or via email at cmitchell@dickinsonwright.com.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Parts, fittings and components for geothermal heating and cooling systems, namely, single-stage geothermal heat pumps; two-stage geothermal split systems including a geothermal heat pump, pressurized, non-pressurized or double O-ring pumping module (also called a "flow center") for circulating fluid through a loop field and a heat pump's heat exchanger, hoses, couplings and other components necessary to connect the foregoing system components; two-stage geothermal heat pumps; pressurized flow controllers used to circulate pressurized fluid through a loop system, through the heat pump's heat exchanger, and back out through the loop field; geothermal water-to-water systems including a geothermal heat pump, pressurized or non-pressurized pumps for circulating fluid through the loop field and heat pump's heat exchanger, couplings and other components necessary to connect the foregoing system components, all used for radiant floor heating and cooling, chilled water for fan coils, potable hot water and other residential and commercial applications requiring hot or chilled water; water-source heat pumps; non-pressurized flow controllers used to circulate fluid through a loop system, through the heat pump's heat exchanger, and back out through the loop field; pressure boosters used in closed-loop geothermal systems to maintain loop pressure in case of small leaks; flush systems for starting and maintaining geothermal systems, including a pump and gravity drains, couplings to connect to a geothermal system, a filter screen and a switching box; flow-meters; fusion kits for fusing high density polyethylene pipe sections and components such as tees and elbows in geothermal installations, the kits including a depth gauge, hex key, socket faces, cold rings, cutters, tempstiks, timer, mounting bracket; parts for installing geothermal heating and cooling systems, namely, pressure-temperature plugs, couplings, transition sockets, tees and elbows, gauge adapter pressure-temperature plugs, insert adapters, hot-water concentric connectors, heat pump adapters, double O-ring adapters; stainless steel hoses for water loops connected between water source heat pumps and flow center/loop pump
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Proposed:
Tracked Text Description: Parts, fittings and components for geothermal heating and cooling systems, namely, single-stage geothermal heat pumps; Single-stage geothermal heat pumps; two-stage geothermal split systems including a geothermal heat pump, pressurized, non-pressurized or double O-ring pumping module (also called a "flow center") for circulating fluid through a loop field and a heat pump's heat exchanger, hoses, couplings and other components necessary to connect the foregoing system components; two-stage geothermal heat pumps; pressurized loop pumps for geothermal-based HVAC systems; pressurized flow controllers used to circulate pressurized fluid through a loop system, through the heat pump's heat exchanger, and back out through the loop field; non-pressurized loop pumps for geothermal-based HVAC systems; geothermal water-to-water systems including a geothermal heat pump, pressurized or non-pressurized pumps for circulating fluid through the loop field and heat pump's heat exchanger, couplings and other components necessary to connect the foregoing system components, all used for radiant floor heating and cooling, chilled water for fan coils, potable hot water and other residential and commercial applications requiring hot or chilled water; water-source heat pumps; pressure boosters used in closed-loop geothermal-based HVAC units to maintain loop pressure in case of small leaks; non-pressurized flow controllers used to circulate fluid through a loop system, through the heat pump's heat exchanger, and back out through the loop field; flush systems for starting and maintaining geothermal systems, comprising a pump, drains, couplings to connect to a geothermal system, a filter screen and a switch box, sold as a unit; pressure boosters used in closed-loop geothermal systems to maintain loop pressure in case of small leaks; parts for installing geothermal heating and cooling systems, namely, pressure-temperature plugs, couplings, transition sockets, gauge adapter pressure-temperature plugs, insert adapters, hot-water concentric connectors, heat pump adapters, and double O-ring adapters; flush systems for starting and maintaining geothermal systems, including a pump and gravity drains, couplings to connect to a geothermal system, a filter screen and a switching box; flow-meters; fusion kits for fusing high density polyethylene pipe sections and components such as tees and elbows in geothermal installations, the kits including a depth gauge, hex key, socket faces, cold rings, cutters, tempstiks, timer, mounting bracket; parts for installing geothermal heating and cooling systems, namely, pressure-temperature plugs, couplings, transition sockets, tees and elbows, gauge adapter pressure-temperature plugs, insert adapters, hot-water concentric connectors, heat pump adapters, double O-ring adapters; stainless steel hoses for water loops connected between water source heat pumps and flow center/loop pumpClass 011 for Single-stage geothermal heat pumps; two-stage geothermal heat pumps; pressurized loop pumps for geothermal-based HVAC systems; non-pressurized loop pumps for geothermal-based HVAC systems; water-source heat pumps; pressure boosters used in closed-loop geothermal-based HVAC units to maintain loop pressure in case of small leaks; flush systems for starting and maintaining geothermal systems, comprising a pump, drains, couplings to connect to a geothermal system, a filter screen and a switch box, sold as a unit; parts for installing geothermal heating and cooling systems, namely, pressure-temperature plugs, couplings, transition sockets, gauge adapter pressure-temperature plugs, insert adapters, hot-water concentric connectors, heat pump adapters, and double O-ring adapters
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Chris Mitchell/     Date: 09/07/2011
Signatory's Name: Christopher A. Mitchell, Esq.
Signatory's Position: Attorney of record (MI bar member)

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
Serial Number: 85073495
Internet Transmission Date: Wed Sep 07 21:26:21 EDT 2011
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XXX-201109072126214
09435-85073495-48057667c57ddad15aa273393
8165ccaca7-N/A-N/A-20110907204444458928