You’re scrolling through trademark filings and suddenly spot it: someone’s trying to register a trademark that’s uncomfortably similar to yours, or perhaps one that’s clearly descriptive of the goods being sold. What can you do before this becomes a bigger problem? Enter the Letter of Protest – a powerful but often overlooked tool in trademark protection.
What is a Letter of Protest?
Think of a Letter of Protest as an early warning system for the USPTO. It allows you to alert trademark examining attorneys to potential issues with a pending application before the mark is approved for publication. The best part? It’s more cost-effective than waiting to file a formal opposition.
When Should You Consider Filing?
Common scenarios where a Letter of Protest makes sense:
- Someone is trying to register a mark confusingly similar to your existing trademark.
- The applied-for mark is clearly descriptive (like trying to trademark “Fresh Bread” for a bakery).
- The mark misleadingly suggests a connection with your brand.
- The applicant is attempting to trademark a common phrase or symbol that everyone in the industry uses.
Timing is Everything
The most effective Letters of Protest are filed early in the examination process. While you can file after publication, the standards for acceptance become much stricter. Acting quickly gives you the best chance of success.
Making Your Case
Remember, this isn’t the place for lengthy legal arguments. The USPTO wants:
- Clear, specific evidence
- Relevant legal grounds
- Well-organized supporting documentation
- Concise explanations
Don’t make the mistake of treating this like a formal opposition – save your detailed legal arguments for later if needed.
Getting it Right
A successful Letter of Protest requires more than just pointing out similarities. You need to understand what evidence the USPTO considers relevant and how to present it effectively. Working with an experienced trademark attorney can help ensure your protest has the best chance of being accepted and considered.
Need help filing a Letter of Protest or evaluating whether it’s the right strategy for your situation? Call us today at (888) 666-0062 or click here to schedule your initial Discovery and Strategy Session online.
DISCLAIMER: The information contained in this article is for informational purposes only and is not legal advice or a substitute for obtaining legal advice from an attorney.
