What is a Letter of Protest?
A Letter of Protest is a request that the examining attorney in charge of reviewing and approving a specific trademark application be advised of evidence of potential infringement of your trademark registration. In the best case scenario, the examining attorney agrees that the mark is infringing and issues a trademark refusal based on the similarity to your trademark.
When can a Letter of Protest be filed?
A Letter of Protest must be filed no later than 30 days after the publication of the protested mark, so time is of the essence in these matters. Unless you are checking the trademark office every week or two for potential infringers, then you will likely miss the window to file. This is why continuous trademark monitoring is important.
How can a Letter of Protest help protect my brand?
A Letter of Protest is a very inexpensive way to ensure that similar or nearly identical trademarks are not registered. Rather than spending tens of thousands of dollars litigating an Opposition proceeding at the Trademark Trial and Appeal Board, you hopefully get the examiner who is reviewing the infringing application to see things your way. We also recommend that the owner of the infringing application be notified of your rights with a Cease and Desist letter so that the infringing party is formally made aware of your legal objection to their use of a similar trademark.
How much does a Letter of Protest cost?
We charge a $149 service fee to perform the work for you. The government charges a $50 filing fee per letter.
How long does it take to file a Letter of Protest?
Most Letters of Protest are filed within 3-4 business days after receiving payment and all required information and government fees from the client.
How do I pay Markavo for the Letter of Protest Service?
Like all of our services, the first step is to pay the attorney fee by going to the Trademark Letter of Protest Service page here: https://www.markavo.com/checkout/letter-of-protest
Several moments after payment clears, you will be emailed an intake form where you will give us additional information about the trademark you would like to protest.
Right before your attorney files the Letter of Protest, you will be charged the government filing fees to the payment method we have on file.