Attorneys at Law Erik M. Pelton* Mark L. Donahey** Benjamin D.

Pelton***
of counsel

PO Box 100637 Arlington, VA 22210 T: 703.525.8009 F: 703.997.5349

* NJ DC Bar ** VA Bar *** VA DC & NY Bar erikpelton.com

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE United States Patent and Trademark Office COMMISSIONER OF TRADEMARKS Attn: Administrator for Trademark Identifications, Classification and Practice P.O. Box 1451 Alexandria, VA 22313-145 RE: Serial No: Mark: Applicant: Filing Date: October 7, 2011

LETTER OF PROTEST , by Counsel Erik M. Pelton & Associates, PLLC, submits the following Letter of Protest regarding Application Serial Number of for the mark p (Applicant), pursuant

to TMEP 1715.01(a)(2). As grounds for this Letter of Protest, it is alleged that the proposed mark in Application Serial Number Numbers and is confusingly similar to the marks in Registration

, and should be refused registration on the Principal Register

of trademarks under Trademark Act 2(d). ( Number for the standard character mark ) is the owner of trademark Registration in connection with

, and Registration Number for

for the mark

. See Attached Certificates of Registration. Both registrations are on the Principal Register. alleges that that there is a likelihood of confusion between its registered mark and the mark contained in Application Serial No. for use in connection with for

. The goods of Applicant and are nearly identical. The goods offered in

connection with both marks include many of the same . The applied-for mark, sharing the same mark incorporates the entire registered terms an . Also, the

marks have nearly identical sounds and meanings. The only difference between the marks is the word in Applicants mark which is descriptive and consequently of limited source-

identifying significance. The marks create the same overall commercial impression. The goods of both Applicant and Registrant are both s, and very frequently emanate from

the same source. Because it is likely that consumers will believe that Applicants goods originate from the same source as would cause harm or damage to s goods, and because registration of Applicants mark s registration, respectfully requests and

that the Examining Attorney reconsider the pending application Serial Number

refuse to register it pursuant to Section 2(d) of the Trademark Act.

If any further information or response is requested or required, please contact the undersigned attorney. The attorney may be reached by telephone at 703-525-8009.

Respectfully submitted, Counsel for

Erik M. Pelton ERIK M. PELTON & ASSOCIATES, PLLC

Enclosures: Certificates of Registration for Registration Numbers