What Causes a Protest Letter to be Denied?

A letter of protest will not be accepted by the deputy commissioner if it meets any of the following conditions:

1. Filed after 30 Days: If the letter is submitted more than thirty days after the trademark's publication, it will likely be denied.

2. Irrelevant Content: The letter should stick to the facts and avoid including pure opinions or speculations. It should focus on presenting factual information. Claims of prior use, fraud, or consumer confusion should not be included in the protest letter.

3. Common-Law Trademark Use: A protest letter involving common-law use or state registrations of a trademark will be denied. The objection must be directly linked to a pending federal application and the referenced trademark should have active serial or registration numbers.

4. Ownership Disputes: Matters concerning trademark ownership disputes cannot be resolved through a letter of protest. These issues are handled separately and are not within the scope of examining attorneys.

5. Fraud Commitment: In cases where fraud is suspected during the trademark application process at the USPTO, a third party can file a notice of opposition or petition to cancel. However, a letter of protest is not the appropriate avenue for addressing suspected fraud.