A letter or protest is a filing made by a third party against a proposed trademark which they believe should not move to registration. These letters are filed with the Director of Trademark Examining Group. This is generally done if a party believes registration will cause likelihood of confusion with one of their existing trademarks or if the proposed trademark is generic. Such a letter has to contain evidence which demonstrates that the protest is valid. If this is filed prior to publication, then a determination will be made as to whether the examining attorney may use it during their considerations. If filed after publication, then a determination will be made as to whether there was an error during examination and if jurisdiction should be restored to the examiner. If you are the one opposing a proposed trademark it is important to file an extension of time to oppose as merely filing a letter of protest will not halt the process. Letters of protest are a great way to protect your trademark, however receiving one for a mark you are attempting to register can cause difficulties and delays.<\/p>\n
This blog is not legal advice and is not specific to your application. You should always consult an attorney.<\/p>\n","protected":false},"excerpt":{"rendered":"
A letter or protest is a filing made by a third party against a proposed trademark which they believe should not move to registration. These letters are filed with the Director of Trademark Examining Group. This is generally done if a party believes registration will cause likelihood of confusion with one of their existing trademarks … Continue reading “Letters of protest”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[66,65,67,7,8,9],"class_list":["post-80","post","type-post","status-publish","format-standard","hentry","category-uncategorized","tag-director-of-trademark-examining-group","tag-letter-of-protest","tag-likelihood-of-confusion","tag-trademark","tag-trademark-application","tag-trademark-registration"],"_links":{"self":[{"href":"https:\/\/www.mybrandmark.com\/wordpress\/wp-json\/wp\/v2\/posts\/80","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.mybrandmark.com\/wordpress\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.mybrandmark.com\/wordpress\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.mybrandmark.com\/wordpress\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.mybrandmark.com\/wordpress\/wp-json\/wp\/v2\/comments?post=80"}],"version-history":[{"count":1,"href":"https:\/\/www.mybrandmark.com\/wordpress\/wp-json\/wp\/v2\/posts\/80\/revisions"}],"predecessor-version":[{"id":81,"href":"https:\/\/www.mybrandmark.com\/wordpress\/wp-json\/wp\/v2\/posts\/80\/revisions\/81"}],"wp:attachment":[{"href":"https:\/\/www.mybrandmark.com\/wordpress\/wp-json\/wp\/v2\/media?parent=80"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.mybrandmark.com\/wordpress\/wp-json\/wp\/v2\/categories?post=80"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.mybrandmark.com\/wordpress\/wp-json\/wp\/v2\/tags?post=80"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}