LETTER OF PROTEST MEMORANDUM
DATE: March 18, 2019
TO: Troy Frank Knight
Examining Attorney
Law Office 107
FROM: Kathleen L. Kolacz
Attorney Advisor
Office of the Deputy Commissioner
for Trademark Examination Policy
SUBJECT: Letter of protest concerning U.S. Application Serial No. 88/219545
For the mark GARMAN
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 objection raised in the letter of protest:
Possible likelihood of confusion under Section 2(d) with the following:
U.S. Registration No. 3775573 for the mark FLYGARMIN.COM and
U.S. Registration No. 3775564 for the mark FLYGARMIN.
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.