TMEP 1715.04(a): Submitting a Letter of Protest

This is the October 2015 Edition of the TMEP

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1715.04(a)    Submitting a Letter of Protest

Because letters of protest are not part of the official application record, they must be properly designated and submitted to the USPTO. In order to ensure their proper routing and processing, the Office recommends that letters of protest be filed electronically via the Trademark Electronic Application System (“TEAS”). A separate letter of protest must be filed for each individual application that is being protested. In TEAS, the Letter of Protest form can be accessed by clicking on the link entitled “Petition Forms” at http://www.uspto.gov/trademarks/teas/. Otherwise, letters of protest should be faxed to the attention of the Deputy Commissioner for Trademark Examination Policy to the following fax number: 571-273-0032. This is the only fax number that may be used. Letters of protest may not be submitted by e-mail. Failure to submit the letter of protest properly may result in it being considered untimely.

Letters of protest with significant amounts of evidence may be sent via the United States Postal Service as first class mail, and addressed as follows:

Letter of Protest

ATTN: Deputy Commissioner for Trademark Examination Policy

600 Dulany Street

Alexandria, VA 22314-5793

Duplicate copies of letters of protest regarding the same application should not be sent (e.g., once electronically and then by mail or fax). Submission of duplicate documents can delay processing.

Submissions relating to a letter of protest, including requests for copies of letters of protest (see TMEP §1715.05), should not include a request for a return receipt. If a protestor hand delivers the letter of protest or uses a private courier service, the letter of protest must be delivered to the attention of the Deputy Commissioner for Trademark Examination Policy at the Trademark Assistance Center, James Madison Building - East Wing, Concourse Level, 600 Dulany Street, Alexandria, Virginia, and be clearly identified as a letter of protest.