Explaining What is a Trademark Letter of Protest and When to File One
lucille
Last Update 6 maanden geleden
One of the most frustrating parts of applying for a trademark is the long wait time involved. From filing the application to potentially receiving a registration certificate, the process can take several months. When a trademark application is submitted to the USPTO, it is not immediately approved. It may take several months before an examiner at the Trademark Office reviews the application for approval.
During the review process, the examiner considers two important questions: Is the trademark distinct enough for the goods/services listed in the application? And is there any conflict with existing trademarks that are either pending or registered with the USPTO?
If the trademark is approved for publication, it will be listed in the Official Gazette. At this stage, any legitimate opposer has the opportunity to submit an official opposition complaint to the Trademark Trial and Appeal Board (TTAB) to argue why the trademark should not be issued.
However, what if a potential opposer doesn't want to wait until the trademark is preliminarily approved? This is where the Trademark Letter of Protest comes into play.