Most people have never heard of a USPTO Letter of Protest—until they’re on the receiving end of one. But if you’re serious about protecting your brand, especially from competitors trying to register confusingly similar trademarks, you need to understand this powerful tool—and why having your trademark registered is critical to using it effectively. Below, our friends from Trademark Lawyer Law Firm discuss why a trademark registration is your first line of defense against USPTO letters of protest.
What Is A Letter Of Protest?
A Letter of Protest is a formal request submitted to the United States Patent and Trademark Office (USPTO), asking the Office to consider evidence that may impact the registrability of another party’s pending trademark application. In short, it’s your opportunity to say, “Hold on a second—this application shouldn’t go through,” before the USPTO approves it.
You might file a Letter of Protest if someone else tries to register a name that’s too similar to yours, or if their mark is descriptive, misleading, or likely to cause confusion. It’s a behind-the-scenes tool—not litigation, not a public opposition, but an early-stage way to raise red flags with the USPTO examining attorney.
But here’s the catch: the most compelling Letters of Protest are supported by strong evidence. And that almost always starts with a registered trademark.
Why Registration Matters
You can’t rely on hopes and feelings when it comes to the USPTO. To successfully protest someone else’s application, you need documented proof that their mark would harm yours. And the best proof you can offer? A federal trademark registration in your name.
With a registered trademark, you can show prior rights. You can demonstrate how the other party’s proposed mark conflicts with yours. And you can provide actual examples of potential consumer confusion. Without that registration, your Letter of Protest may carry far less weight—if it’s even accepted at all.
Letters of Protest are typically only accepted before the other party’s mark is published. That makes timing essential. But if your rights aren’t on record with the USPTO, you might miss the opportunity to act quickly—or at all.
Common Misunderstandings
Many entrepreneurs think, “If someone files a trademark that’s similar to mine, the USPTO will catch it automatically.” Not true. The USPTO doesn’t know your business, your market, or your customers. It only sees what’s in its database.
If your trademark isn’t registered—or if you’re relying on common law rights—there’s a very good chance the USPTO will overlook the conflict entirely. And once the mark registers, your only recourse may be expensive litigation or a formal cancellation proceeding.
Be Proactive, Not Reactive
Letters of Protest give you a proactive way to protect your turf, but only if your trademark is on file and in good standing. If you haven’t registered your name yet, you’re starting every dispute on the back foot.
If you want to protect what you’ve built, don’t wait until someone else tries to take it. Register your trademark. Then, if a Letter of Protest is needed, a trademark litigation lawyer can provide you with legal advice, guidance, and support.