LETTER OF PROTEST MEMORANDUM
Date: February 24, 2020
To: Tarah Hardy Ludlow
Examining Attorney
Law Office 110
From: Seth Dennis
Attorney Advisor
Office of the Deputy Commissioner
for Trademark Examination Policy
Subject: Letter of protest concerning U.S. Application Serial No. 88179067
for the mark OUT WORK EVERYBODY
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 prior-filed pending application:
U.S. Registration No. 4515713 for the mark CARHARTT. OUTWORK THEM ALL.;
U.S. Registration No. 4518720 for the mark OUTWORK THEM ALL. CARHARTT.;
U.S. Registration No. 5555735 for the mark OUTWORK OUTHUNT;
U.S. Registration No. 5555818 for the mark OUTWORK OUTFISH;
U.S. Application Serial No. 88124722 for the mark OUTWORK OUTROOT.
Please see copies of the registrations and prior-filed pending application 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.