We live in an age of innovation. In 2024 alone, there were over 15 million trademark applications worldwide and 765,000 in the United States alone. That’s a city’s worth of intellectual property, and for the United States Patent and Trademark Office, it’s almost impossible to spot every similar mark.
Fortunately for those at the USPTO, they’re not solely responsible for determining whether every application is unique — they also ask for your help. For a short window, every application is open to public scrutiny, so if someone’s registering a name or logo worryingly close to your own, you can speak up.
That’s where a trademark letter of protest comes in, so let’s find out about this vital piece of the trademarking puzzle.
What is a Trademark Letter of Protest?
A trademark letter of protest is an official document submitted to the USPTO outlining how a potential trademark infringes on your intellectual property. It’s your opportunity to stop overlapping marks in their tracks and protect your brand.
All trademark applications are published in the official USPTO Gazette, allowing lawyers, businesses and members of the public to assess them. Letters of protest against a trademark application must be filed within 30 days from that mark’s publication in the gazette.
Maybe someone’s trying to register a name that’s overly similar to yours, or they’re claiming rights to something that should stay open for everyone to use. Instead of crossing your fingers and hoping the USPTO catches the issue, you can point it out yourself.
This isn’t about filing a complaint after the fact — it’s about catching potential problems while the application is still under review. The best part? Anyone can file one. You don’t need a fancy legal team or deep pockets: just solid evidence and clear reasoning about why the trademark application shouldn’t get approved.
How to File a Trademark Letter of Protest
Ready to file your letter of protest? The process is pretty straightforward. You’ll submit your concerns using the online Trademark Electronic Application System (TEAS) Letter of Protest form. Create an account on the platform if you don’t already have one.
Your protest package needs several key components:
- A clear reason for your objection (selected from options on the form)
- Solid evidence supporting your case — max 10 items per reason
- A separate page with an itemized evidence index
- Your email address
- The required filing fee (which is $150 as of publication. Click here for the current fee)
When putting together your evidence index, stick to plain facts without any fancy legal talk or personal opinions. Write a brief description of how each piece of evidence supports your argument. Skip adding your name or your representatives’ details, as the examining attorney only sees the evidence, not who sent it.
One important rule is to file separate protests for different trademark applications. And while you can technically submit more than 75 pages of evidence, you’ll need an excellent explanation for exceeding that limit. Most successful protests stay within these boundaries and focus on their strongest proof points.
The earlier you file, the better your chances of the USPTO considering your evidence. You can track application status through the USPTO’s TSDR system.
Appropriate Reasons and Supporting Evidence
The USPTO has specific standards for what makes a valid protest, and not all objections make the cut. Your letter needs rock-solid reasons that show why an application breaks federal trademark laws or fails registration requirements.
Common valid grounds for protest include:
- Likelihood of confusion with existing trademarks
- Generic or purely descriptive terms
- False connections with other parties
- Non-functional marks (common phrases or symbols)
- Unauthorized use of registered trademarks
- Questionable specimens showing third-party usage
Each protest needs proof. It’s not enough to say a mark is generic; you must demonstrate its use in other contexts. For example, if you’re claiming a term is descriptive, bring dictionary definitions, industry publications, or competitor usage examples. When flagging confusion with existing marks, highlight specific similarities and market overlap that could mislead consumers.
Remember that opinions and legal arguments won’t cut it. The USPTO wants concrete evidence that examining attorneys can use to evaluate the application. They’re looking for facts that directly support your protest reason, not theoretical arguments about why a mark shouldn’t be registered.
What Happens After You File a Letter of Protest
Two primary outcomes are possible once your letter goes through a USPTO review. Let’s break them down:
When the Trademark Gets Rejected:
If your evidence hits the mark, the examining attorney will issue an office action to the applicant. This means they’ve found valid concerns based on your protest. The applicant then has to address these issues.
They might need to modify their application, provide counter-evidence, or withdraw completely. Sometimes, they’ll try to negotiate limitations on their trademark’s scope to resolve the problems you’ve raised.
When the Protest Gets Rejected:
Sometimes, the USPTO decides your evidence doesn’t make a strong enough case. They might find your documentation insufficient or determine that your reasons don’t justify blocking the trademark.
In this case, the application continues its standard path toward registration. You won’t get detailed feedback about why your protest wasn’t accepted, but you can track the application’s status through the USPTO’s public database.
A rejected protest doesn’t automatically mean the trademark will be registered, as the examining attorney might still find other issues during their review. Plus, even if the mark gets registered, you may have other options, such as filing an opposition or cancellation proceeding later on.
Wrapping Up
A trademark letter of protest is your opportunity to protect your name, logo or tagline from being used by other brands. It ensures your brand identity remains unique and your customers always know who they’re dealing with.
The foundations of your brand are worth protecting, so use our Trademark Research service to find a business name you can build on.
