We’re excited to share our expert tips for filing a Letter of Protest (LOP) with the United States Patent and Trademark Office (USPTO).
Understand the Letter of Protest’s Purpose
- Before diving into the LOP process, it’s crucial to understand its purpose. An LOP is an informal yet powerful tool that informs the USPTO of potential issues with a trademark application that you’d like to challenge, such as likelihood of confusion, descriptiveness, or genericness. Crafting well-researched arguments is essential for maximizing the impact of your protest.
Stay Ahead with Timely Actions
- USPTO considers LOPs filed within 30 days of the trademark application’s publication in the Trademark Official Gazette (TMOG). Regularly monitoring the TMOG ensures you never miss this critical deadline.
Build a Strong Case with Solid Evidence
- An effective LOP relies on relevant and persuasive evidence. Conduct thorough research to gather evidence supporting the specific grounds for your protest. For example, if arguing that the proposed mark is likely to cause confusion, compile instances of existing trademarks that could lead to consumer confusion.
Clarity Matters: Organize Your Evidence
- With limited time to review each LOP, USPTO examiners need to grasp your argument quickly. Present your evidence in a well-organized and easily understandable manner to enhance the examiner’s ability to assess its relevance.
Be Direct and Concise in Your Arguments
- A successful LOP addresses specific grounds for protest concisely and directly. Keep explanations short and avoid unnecessary details to maintain focus on your core argument.
Bolster Your Case with Proper Legal Citations
- Citing relevant statutes and case law when discussing legal principles demonstrates your understanding of the law and provides the examiner with a clear legal basis to consider your protest.
Polish Your Letter of Protest
- An error-free, well-written LOP reflects your professionalism and the seriousness of your protest. Always proofread your LOP multiple times to ensure it is free of grammatical and spelling errors.
Get the Expert Help You Deserve
If you’re unsure about the LOP process or need assistance in drafting a persuasive letter, our experienced intellectual property attorneys at Daniel Ross & Associates are here to guide you, ensuring your LOP has the best chance of success. Contact us, or schedule a consultation through the calendar to connect with Daniel and his team.
