LETTER OF PROTEST MEMORANDUM
Date: December 18, 2019
To: Michele L. Swain
Examining Attorney
From: Jason I. Roth
Attorney Advisor
Office of the Deputy Commissioner
for Trademark Examination Policy
Subject: Letter of protest concerning U.S. Application Serial No. 88585893
for the mark
A letter of protest filed before publication has been accepted because the evidence submitted by the protester is relevant and may support a reasonable ground for refusal appropriate in ex parte examination. TMEP §1715.02. Therefore, you must consider the following and make an independent determination whether to issue a requirement or refusal based on the objections raised in the letter of protest:
Possible likelihood of confusion under Section 2(d) with the following registrations:
U.S. Registration No. 2029693 for the mark Helmet with Stylized Man Design;
U.S. Registration No. 2711199 for the mark PATRIOTS with Stylized Man Design;
U.S. Registration No. 2755546 for the mark Stylized Man Design;
U.S. Registration No. 3429547 for the mark Stylized Man Design; and
U.S. Registration No. 4668420 for the mark PATRIOTS with Stylized Man Design.
Please see copies of the registrations in the X-Search database.
NOTE: The acceptance of a letter of protest filed before publication is not a legal determination by the USPTO of registrability, nor is it meant to compromise the integrity of the ex parte examination process. It merely serves to bring the submitted evidence to the attention of the examining attorney, who determines whether a refusal or requirement should be raised or ultimately made final.