Letter of Protest in Trademark Law
A Letter of Protest is a procedural tool that allows a third party to submit evidence to the United States Patent and Trademark Office regarding a pending trademark application. It is often misunderstood and misused. While a Letter of Protest can be effective in limited circumstances, it is not a substitute for a formal trademark opposition and it does not allow legal argument.
If you are considering broader trademark strategy or need assistance navigating USPTO procedures, our Trademark attorney services at Collier Legal page explains how we help clients protect their brand.
What Is a Letter of Protest
A Letter of Protest (“LOP”) is a submission to the USPTO by a party who believes a pending trademark application should be refused based on existing evidence. The submission is reviewed by the Office of the Deputy Commissioner for Trademark Examination Policy, not by the examining attorney assigned to the application.
If the USPTO accepts the Letter of Protest, the evidence is forwarded to the examining attorney to consider during examination. The applicant is not required to respond unless the examining attorney issues an Office Action based on that evidence.
What a Letter of Protest Can Be Used For
An LOP is limited to objective evidence that supports a statutory refusal. Common acceptable grounds include:
Likelihood of confusion with a registered or earlier filed trademark, closely tied to the preliminary work done in a trademark search, a foundational step in evaluating availability and conflicts.
Descriptiveness or genericness supported by dictionary definitions or third party usage.
Specimens showing the mark is ornamental or not used as a trademark.
Evidence that the applied for mark is merely informational.
The key requirement is that the submission must consist of evidence only. Legal argument, case law, or conclusory statements are not permitted.
What a Letter of Protest Cannot Do
An LOP cannot be used to argue facts, credibility, or intent. It also cannot raise issues that require adversarial proceedings.
Examples of issues that are not appropriate for an LOP include:
Ownership disputes
Fraud allegations
Consent or coexistence issues
Priority disputes requiring testimony or discovery
If your concern requires legal argument or fact development, a formal opposition or other TTAB proceeding is the correct procedural path.
Timing Requirements
Timing is critical. An LOP must be filed before one of the following occurs:
The application is approved for publication
A Statement of Use is filed for an intent to use application
Once the mark is published for opposition, the Letter of Protest option is no longer available. For context on the trademark lifecycle and other USPTO procedures, see our trademark applications overview page.
Letter of Protest vs Trademark Opposition
An LOP is informal, inexpensive, and limited in scope. A trademark opposition is a formal proceeding before the Trademark Trial and Appeal Board and allows pleadings, discovery, and legal briefing.
In practice:
Use an LOP to flag clear, objective examination issues early
Use an opposition when legal argument or factual development is required
If you want help deciding which recourse fits your circumstance, our trademark attorney services at Collier Legal page explains how we guide clients through USPTO processes.
Should You File a Letter of Protest
An LOP can be effective when the issue is straightforward and supported by documentary evidence. It is not a guarantee that the USPTO will act, and acceptance rates vary depending on the quality and relevance of the submission.
Before filing, it is important to assess whether the issue can realistically be resolved during examination or whether a more involved proceeding like a TTAB opposition will be necessary.
FAQs
Is a Letter of Protest anonymous?
Yes. The identity of the protesting party is not disclosed to the applicant.
Does the applicant get a copy of the Letter of Protest?
No. Only the evidence is forwarded if the USPTO accepts the submission.
Can I appeal a denied Letter of Protest?
No. The decision to accept or deny is final and not appealable.
How much does a Letter of Protest cost?
USPTO fees for Letters of Protest have changed as of 2025; recent updates increased fees for several trademark filings, including protests.
Conclusion
An LOP is a narrow but potentially useful tool in trademark practice when used correctly. It is most effective for clear examination issues supported by objective evidence and filed early in the application process. When more is at stake, or when legal argument is required, a formal opposition or other USPTO proceeding is usually the better strategy.
If you are considering an LOP or deciding between protest and opposition, a strategic review before key deadlines pass is critical. Explore how our trademark attorney services at Collier Legal can help protect your brand and navigate USPTO procedures with confidence.
About
Attorney Collier started his own law firm straight out of law school and has been practicing law in Ohio for 5+ years. During that time, Joe focused on business law and litigation, gaining some exposure to intellectual property law. While running his firm in 2021, Joe decided to go back to school and get his patent license. Since then, Attorney Collier has been focusing on protecting innovators and entrepreneurs through his expertise in intellectual property and business law.