BitLaw

1715.01    Appropriate and Inappropriate Subjects to Be Raised in Letter of Protest

Only issues and evidence relevant to a ground for refusing registration during the ex parte examination of an application are appropriate subjects for a letter of protest. It is inappropriate to use the letter-of-protest procedure to delay registration or to present purely adversarial arguments.  The USPTO denies letters of protest that merely present adversarial arguments that registration should be refused.  Adversarial arguments in letters of protest are not sent to the examining attorney.  These objections to registration should be made in an opposition proceeding after publication or, in the case of the Supplemental Register, a cancellation proceeding after registration.  The letter-of-protest procedure may not be used to circumvent the requirements for filing an opposition.  The USPTO also denies letters of protest that do not include factual, objective evidence.