T.M.E.P. § 1715.02
Letters of Protest Filed Before Publication

Executive summary:

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1715.02 Letters of Protest Filed Before Publication

If a letter of protest is filed before the mark is published for opposition, the Administrator will determine whether the letter contains sufficient evidence to establish a prima facie case that supports a refusal of registration. If the Administrator determines that publication of the mark for opposition without consideration of the issue and evidence presented in the letter of protest might result in a clear error by the USPTO, the Administrator will grant the protest and forward the evidence in the letter of protest to the examining attorney in the manner described in TMEP §1715. The examining attorney should issue any refusal or requirement supported by the evidence, and should notify the applicant that a letter of protest was filed and provide the applicant with a copy of the information that has been made a part of the record. See notice at 1172 TMOG 93 (March 28, 1995).

Letters of protest that are filed before an examining attorney has taken a first action in the application that is the subject matter of the protest will not be decided until such action is taken. This is to give the examining attorney the opportunity to make an initial decision in the application and to provide a basis for a determination by the Administrator as to whether or not that action constituted a "clear error."