`
`Date: February 24, 2021
`
`To: Examining Attorney
`
`From: Judy Grundy
`Attorney Advisor
`Office of the Deputy Commissioner
`for Trademark Examination Policy
`
`Subject: Letter of protest concerning U.S. Application Serial No. 90335369
` for the mark APPLE-MAN
`
`A letter of protest filed before publication has been accepted because the evidence submitted by the protestor 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. 1078312, 3317089, and 3928818 for the mark APPLE; and
`U.S. Registration Nos. 2715578 and 3679056 for a design mark of an apple.
`
`Please see a copy of the 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.
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