LETTER OF PROTEST MEMORANDUM
Date: June 2, 2021
To: Hanno Rittner
Examining Attorney
From: Sara Benjamin
Attorney Advisor
Office of the Deputy Commissioner
for Trademark Examination Policy
Subject: Letter of protest concerning U.S. Application Serial No. 90287969
for the mark EXPRESS
Upon consideration of evidence included with a letter of protest filed before publication of the above-referenced mark, it has been determined that the evidence is relevant to the following ground for refusal:
Possible likelihood of confusion under Trademark Act Section 2(d) with U.S. Registration No. 2290570 for the mark EXPRESS
U.S. Registration No. 2290570 is available in the XSearch database for your consideration. Please review it and determine whether to issue a refusal or make a requirement. 37 C.F.R. §2.149(d)(1); TMEP §1715.02.
NOTE: The consideration 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. See 37 C.F.R. §2.149(d)(1).