LETTER OF PROTEST MEMORANDUM
DATE: May 31, 2019
TO: Sophia Kim
Examining Attorney
Law Office 106
FROM: Seth Dennis
Attorney Advisor
Office of the Deputy Commissioner
for Trademark Examination Policy
SUBJECT: Letter of protest concerning U.S. Application Serial No. 88/265349
For the mark X-TRAIL
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 No. 558774 for the mark X;
U.S. Registration No. 370792 for the mark X-CRANE;
U.S. Registration No. 2960593 for the mark X TERMINAL T;
U.S. Registration No. 2960591 and for the mark X STACKER;
U.S. Registration No. 2948818 for the mark X-ICE.
Please see copies of the registrations 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.