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

This is the October 2015 Edition of the TMEP

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1715.01    Appropriate and Inappropriate Subjects to Be Raised in 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.