Administrative Response

CEPACOL

RB Health (US) LLC

Administrative Response

                                     LETTER OF PROTEST MEMORANDUM

Date:              March 31, 2020

To:                  Examining Attorney

                       

From:             Seth Dennis

Attorney Advisor

Office of the Deputy Commissioner

for Trademark Examination Policy

 

Subject:          Letter of protest concerning U.S. Application Serial No. 88792597

          for the mark CEPACOL

 

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 registration:

 

U.S. Registration No. 2661393 for the mark CEPASTAT.

 

Please see a copy of the registration 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.

 

 


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