Many companies think that an application to register a trademark in the U.S. cannot be disputed until after it’s been published by the United States Patent and Trademark Office (USPTO). If you spot a pending trademark application that could harm your brand, you do not have to wait for a formal opposition to take action. A “Letter of Protest” lets a third party quietly alert the USPTO to evidence that may block or limit another party’s application. Used correctly, it can be a fast, cost‑effective way to protect your rights without launching an opposition proceeding or a full litigation.
At its core, a Letter of Protest puts targeted, objective evidence before the USPTO’s examining attorney so the Office can consider a refusal or requirement during ordinary examination. Although protest letters have existed for years, the Trademark Modernization Act of 2020 created a statutory basis for them by implementing regulations effective December 18, 2021. By statute, a third party may submit evidence relevant to a ground for refusal, identify that ground, and concisely describe each supporting item.
Consider filing a letter of protest only when you have clear, objective materials (i.e., the evidence is clear on its face with no need for argument, explanation, or interpretation) the USPTO should see during examination. Common, appropriate grounds include:
Be aware that accepted evidence becomes publicly viewable in on the USPTO’s website, so do not submit confidential information in support of a letter of protest.
Letters of Protest may not be filed after the deadline to oppose an application. The USPTO then must decide within two months whether to include the evidence in the record. While that determination is final and non‑reviewable, it does not prevent the later filing of a notice of opposition. However, filing a protest does not stay or extend the TTAB opposition period. While waiting on the Office’s decision, potential opposers must file timely extensions and, if needed, a notice of opposition to preserve rights.
A Letter of Protest can be a precise, efficient tool to address problematic applications, provided you meet the timing and evidence standards and continue to safeguard opposition deadlines. If you believe a pending application threatens your brand or uses descriptive or commonplace terms, we can assess whether a letter of protest is appropriate, assemble compliant evidence, and coordinate any TTAB extensions or oppositions needed to preserve your position.
Protecting your brand is essential. It is important to stop third parties from encroaching on your brand, and doing so early often is the most cost-effective approach. Reach out to us today to understand how we can help you protect your valuable trademark rights.
Managing Partner Andrew Crain and Partners Todd Deveau and Lani Burt recently contributed to the Chambers and Partners “Trade Marks & Copyright 2026 Guide.” Their article dives into trends and developments surrounding the film and music industries in Georgia.
Drawing from deep expertise advising clients in media, entertainment, and beyond, the article focuses on past cases in these industries and what that means moving into 2026. It also offers practical insights to help safeguard intellectual property in this fast-moving sector.
We’re proud to contribute thought leadership on the evolving IP landscape, particularly where it intersects with dynamic industries like entertainment.
Read the full article on Chambers and Partners website here.
Thomas Horstemeyer, LLP has been recognized in Juristat’s 2025 edition of Top Patent Firms in the United States. This data-driven ranking highlights firms that excel in patent prosecution.
Our firm earned placements in five categories.
Silver:
Bronze:
Juristat calculates their rankings by analyzing USPTO prosecution outcomes of firms that filed or disposed of more than 100 applications over a 12-month period. The 2025 rankings cover patent applications disposed between July 8, 2023, and July 8, 2024.
These data-backed recognitions reflect our firm’s commitment to efficient and effective patent prosecution strategies that help clients secure protection faster and with fewer hurdles.
For more information on Juristat’s Top Patent Firms, click here.
To learn more about our patent capabilities, click here.