July 8, 2020
Brian Winterfeldt and David Rome

Gotta Get a Message to You: A Strategy for Protesting at the USPTO

External Article

This article is hosted away from the Winterfeldt website at

Letters of protest are an important tool for influencing decisions on problematic applications by third parties, but the wrong approach can have significant repercussion.

Trademark owners and practitioners are far from powerless when it comes to influencing the USPTO's decisions to refuse problematic applications by third parties. Letters of protest provide an opportunity to introduce evidence into the record for a pending application. If a letter of protest is granted, the office will send the evidence to the examining attorney who will consider that evidence when deciding whether to issue or maintain a refusal.

This article, available to World Trademark Review subscribers, discusses the procedure, content, and best practices for using letters of protest to influence decisions on third-party trademark applications in the United States.

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