LETTER OF PROTEST MEMORANDUM
DATE: June 3, 2019
TO: Examining Attorney
FROM: Steven W. Ferrell Jr.
Attorney Advisor (on detail)
Office of the Deputy Commissioner
for Trademark Examination Policy
SUBJECT: Letter of protest concerning U.S. Application Serial No. 88/312484
For the mark VITALITY
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:
U.S. Registration No. 1706196 for the mark VITALITY PAK;
U.S. Registration No. 2108070 for the mark VITALITY FOR LIFE;
U.S. Registration No. 3929755 for the mark VITALITY COLDWATER OMEGA-3;
U.S. Registration No. 4015269 for the mark VITALITY CALCIUM COMPLETE; and
U.S. Registration No. 4760435 for the mark VITALITY ESSENTIAL.
Please see the relevant 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.