T.M.E.P. § 1715.06
Recourse After Denial of Letter of Protest

Executive summary:

This document contains one section of the Trademark Manual of Examining Procedure (the "TMEP"), Fourth Edition (April 2005). This page was last updated in June 2007. You may return to one either the section index, or to the key word index. If you wish to search the TMEP, simply use the search box that appears on the bottom of every page of BitLaw--be sure to restrict your search to the TMEP in the pop-up list.

For more information on trademark law, please see the Trademark Section of BitLaw.

Previous Section (§1715.05) | Next Section (§1715.07)

1715.06 Recourse After Denial of Letter of Protest

If the Administrator denies a letter of protest, the protester may pursue remedies otherwise available, such as an opposition proceeding, if the protester complies with all relevant requirements and deadlines. Filing a letter of protest does not stay or extend the time for filing a notice of opposition. TMEP §1715.03(b).

The protester may not request reconsideration of the denial of the letter of protest from the Administrator, because the request would unduly delay final disposition of the application. In re BPJ Enterprises Ltd., 7 USPQ2d 1375 (Comm'r Pats. 1988). However, the protester may petition the Director to review the Administrator's decision to deny the letter of protest under 37 C.F.R. 2.146(a)(3).

The Administrator has broad discretion in determining whether to grant a letter of protest. In any petition to review the denial of a letter of protest, the Administrator's action will be reversed only where there has been a clear error or abuse of this broad discretion. In re Pohn, 3 USPQ2d 1700 (Comm'r Pats. 1987).

The protester may not present additional evidence with the petition. On petition, the Director will consider only the evidence that was properly before the Administrator in acting on the letter of protest. In re BPJ Enterprises, supra.