Letters of Protest: An Underutilized Tool in Your Trademark Arsenal

We would like to make sure our clients are all aware of an underutilized tool that can be used immediately upon discovery of a potentially problematic application being filed at the USPTO: the Letter of a Protest. A Letter of Protest enables you to inform the USPTO of potential problems with the target application (i.e., likelihood of confusion, mere descriptiveness, false claims of use, etc.) so that the Examiner may be more likely to issue a refusal. In contrast to an opposition, a Letter of Protest can be filed before publication, meaning that you do not have to wait to take action against the application at issue. Moreover, because the Examining Attorney bears the responsibility to assert (well-documented) bases for refusals, a Letter of Protest is much more cost effective than other enforcement methods (such as sending cease and desist letters, oppositions, filing federal lawsuits, etc.).

If you would like to learn more, visit the Client Section or Contact Us for a copy of our Litmus Law Memo.