Here’s a trademark Letter of Protest example that illustrates some of the challenges examining attorneys face in issuing valid trademarks.
There are three main sources of questionable trademarks: trademark trolls, victimized competitors, and misinformed creatives.
This series examines why so many bad trademarks are registered, how it affects the print-on-demand industry, and what you can do to help.
The Letter of Protest is an imperfect, much-maligned, yet incredibly useful tool to promote quality registrations. Here’s proof it works.
This post links to an example Letter of Protest against a Bible verse trademark application, and explains why I filed it.
Letter of Protest Form – USPTO’s form to protest trademark applications that should not register. To properly complete the form, review my Letter of Protest posts and/or join a group.
This post contains “best practice guidelines” for submitting a trademark Letter of Protest to support a refusal. Pat Protester worked directly with USPTO to develop the trademark Letter of Protest evidence guidelines in this post. (Dave Cadoff has an excellent post on How to File Letters of Protest Against Frivolous Trademarks at Merch Informer, showing … Read more
FRIVOLOUS TRADEMARKS: IC 35 Letter of Protest update: My Dog Mom Letter of Protest was dismissed in part and denied in part: 1) a “failure-to-function — widely used message” refusal was already issued, so my protest on that basis is moot (irrelevant); 2) my “premature claim of use in commerce” objection is denied — a … Read more
Love it! Here’s a great example of a term’s failure to function without widespread use on goods. This is a big deal, because in the Merch By Amazon fight against questionable trademarks, USPTO has typically denied Letters of Protest that did not include evidence of many competing products. But widespread use in the marketplace is … Read more
Here are the guidelines I use and recommend when deciding whether it’s worth my time to file a Letter of Protest against a frivolous trademark.