LETTER OF PROTEST MEMORANDUM
DATE: November 13, 2018
TO: Examining Attorney
FROM: Sara Benjamin
Attorney Advisor
Office of the Deputy Commissioner
for Trademark Examination Policy
SUBJECT: Letter of protest concerning U.S. Application Serial No. 88/075227
for the mark LIGHTONE
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 Nos. 3438408 and 3610531 for the mark LIGHTING ONE
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.