How to File a Letter of Protest Against a Trademark Application (USPTO Guide)
- Yakup Sari, Esq.
- Apr 15
- 3 min read
In today’s brand-conscious marketplace, trademark protection isn’t just about registering your own mark—it’s also about keeping the register clean. That’s where the Letter of Protest (LOP) comes in.
Whether you operate a business in Irvine, Los Angeles, or anywhere across the United States, filing a Letter of Protest with the USPTO can help stop the registration of trademarks that may cause confusion, mislead consumers, or violate legal standards.
🔹 What Is a Letter of Protest?
A Letter of Protest is a formal submission to the United States Patent and Trademark Office (USPTO), allowing third parties to provide evidence that a pending trademark application should be refused or modified. This is not a legal dispute—it’s an informational tool used during the USPTO’s examination process.
🔹 When Should You File One?
Timing is crucial. The best time to file a Letter of Protest is early in the application process, ideally before publication. However, you can still submit one after publication if you can make a prima facie case for refusal.
🔹 Valid Reasons to File a Letter of Protest
The USPTO accepts Letters of Protest based on objective legal reasons. Common examples include:
Likelihood of Confusion
The applied-for mark is too similar to your existing trademark.
Example: You own “Speedy Tech Solutions.” A new applicant files “Speedy Technology” for similar services. This could confuse consumers in Orange County or beyond.
Descriptiveness or Genericness
The mark simply describes the product/service or is generic.
Example: “Fresh Apples” used for fresh produce is likely unregistrable.
False Connection
The mark falsely suggests an affiliation with your business or another entity.
Example: “NASA Apparel” implies a misleading connection with NASA.
Failure to Function as a Trademark
Common phrases that don’t identify the source of goods.
Example: “Best Day Ever” used on mugs and t-shirts is too broadly used to indicate brand ownership.
Improper Specimen of Use
The applicant submits fake or misleading product images.
Example: A stock image with the trademark digitally added.
🔹 Reasons That Won’t Work
The following are not valid grounds for a Letter of Protest:
Claiming common law prior use
Alleging the applicant is not the rightful owner
Disagreeing with the USPTO examining attorney’s judgment
These concerns are better suited for a formal opposition or litigation.
🔹 How to File a Letter of Protest
To properly submit a Letter of Protest:
Use the TEAS LOP Form provided by the USPTO
Select a legal basis for the protest and clearly categorize your evidence
Submit Evidence: Up to 10 items per issue, total of 75 pages max. Include URLs and access dates
Index of Evidence: Provide an itemized list that links each document to your stated reason
Pay the Filing Fee
🔹 Examples of Evidence You Can Use
For confusion: Provide registrations or serial numbers of conflicting marks
For genericness: Screenshots from dictionaries or retail websites
For specimen issues: Reverse image search showing it’s a stock photo or not used commercially
⚠️ If Your Letter of Protest is Denied…
All is not lost. You may still file a formal Notice of Opposition during the 30-day opposition period or take other legal action if necessary.
👨⚖️ Need Help Filing a Letter of Protest?
At Sari Law Firm, we help clients across the U.S. ensure that improper trademark applications don’t threaten their brand equity. With offices serving Santa Ana, Irvine, Orange County, and beyond, we offer nationwide guidance grounded in experience.
📞 Call: (949) 426-5071
📩 Email: info@sarilaw.us
FAQ – Frequently Asked Questions
1. What is a Letter of Protest in trademark law?
A Letter of Protest is a submission to the USPTO by a third party, providing evidence that a pending trademark application should be refused or modified.
2. When is the best time to file a Letter of Protest?
As early as possible—preferably before the mark is published for opposition. Later filings must make a strong legal case.
3. Can I file a Letter of Protest if I think someone is using my trademark?
Yes, but only if the legal basis is valid—such as likelihood of confusion. Ownership disputes or prior use claims require different legal procedures.
4. What kind of evidence should I include?
Evidence must be objective and factual—such as dictionary entries, stock photo proof, USPTO records, or third-party product listings.
5. Does Sari Law Firm help clients file Letters of Protest nationwide?
Absolutely. We assist clients across the U.S., with a strong presence in California: Los Angeles, Irvine, Orange County, and Santa Ana.
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