LETTER OF PROTEST MEMORANDUM
DATE: August 22, 2018
TO: Examining Attorney
FROM: Allison Schrody
Attorney Advisor
Office of the Deputy Commissioner
for Trademark Examination Policy
SUBJECT: Letter of protest concerning U.S. Application Serial No. 88/000360
For the mark ENERGIZE
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. 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. TMEP §1715.02.
Possible likelihood of confusion under Section 2(d) with the following:
U.S. Registration Nos. 3448361 and 3491598 for the marks NRGIZE.
Please see copies of the relevant 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.