LETTER OF PROTEST MEMORANDUM
DATE: November 05, 2018
TO: Examining Attorney
FROM: Dawnmarie D. Sanok
Attorney Advisor
Office of the Deputy Commissioner
for Trademark Examination Policy
SUBJECT: Letter of protest concerning U.S. Application Serial No. 88/042528
For the mark HERITAGE FOR HUSTLERS
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 and applications:
U.S. Registration No. 2689852 and U.S. Application Serial Nos. 87191097 and 87119625 for the mark HUSTLER, and
U.S. Registration No. 4312312 for the mark HUSTLER HOLLYWOOD.
Please see copies of the registrations and applications in the XSearch 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.