LETTER OF PROTEST MEMORANDUM
Date: October 10, 2019
To: Daniel F. Capshaw
Examining Attorney
Law Office 110
From: John D. Dalier
Attorney Advisor
Office of the Deputy Commissioner
for Trademark Examination Policy
Subject: Letter of protest concerning U.S. Application Serial No. 88445640
for the mark BURN
___________________________________________________________________________
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. 5623060 and 5623061 for the mark DAILY BURN and design; and,
U.S. Registration No. 3904992 for the mark DAILYBURN in standard character format.
Please see copies of the above referenced 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.