Guides · uspto · updated 2026-09-01

USPTO Letter of Protest: when to file one against a conflicting trademark application

When someone applies to register your name, there is no takedown. There is a window: before publication you can file a Letter of Protest for a small fee and let the examiner do the rest; after publication you have thirty days to oppose, and that is a proceeding. Knowing which window you are in is most of the battle.

What a Letter of Protest is

A short filing with evidence -- your registration and, where relevant, examples of your use -- that asks the examining attorney to consider it. You do not argue; you present. If the examiner agrees there is a likelihood of confusion, the application is refused, and you never had to litigate.

Classes decide whether it is worth it

A trademark is a right for particular goods and services. If the application covers unrelated classes, an examiner will not refuse it because of your registration, and neither would a court. Check the classes first; TakedownGPT shows them on every USPTO hit and scores unrelated classes down.

Timing

Before publication: Letter of Protest, typically within thirty days of the application being filed, and at the latest before it is published. After publication: a Notice of Opposition via ESTTA within thirty days, extendable. After registration: a Petition to Cancel, with a five-year limit for likelihood-of-confusion grounds.

What to file with it

Your registration certificate or TSDR status page. If your rights rest on use, dated evidence of that use -- your store listing, first seen on a date, is exactly this. Nothing argumentative: the examiner reads evidence, not briefs.

The steps, in order

Check the filing's stage on TSDR — The status line says whether it is pending examination, published for opposition, or registered. Everything else depends on this.
Pending: file a Letter of Protest — Through TEAS, USD 150. It must arrive before publication. Only evidence is considered, never argument -- attach your registration certificate and the two store listings. www.uspto.gov
Published: file a Notice of Opposition — Through ESTTA within 30 days of the Official Gazette publication date. A first 30-day extension is granted on request; further extensions need cause. Fee per class. estta.uspto.gov
Registered: Petition to Cancel — Through ESTTA. Likelihood of confusion is only available within five years of the registration date; after that the grounds narrow to abandonment, fraud and genericness. estta.uspto.gov
Keep watching the serial — Add the serial number to the watch's own-serials list so status changes (publication, registration) show up as findings, and the 30-day clock is not missed.

Typical turnaround: Letter of Protest: decided in weeks. Opposition / cancellation: months to over a year; most settle.

What the form asks for

Serial number of the application being protested / opposed
Your registration or application number
Ground: likelihood of confusion, Section 2(d)
Evidence exhibits (Letter of Protest: no argument, exhibits only)

Evidence worth attaching

Your registration certificate or TSDR status page
Dated proof of your earlier use: your store listings with first-published dates
The conflicting application's TSDR record
Side-by-side store search results showing actual marketplace overlap

Pitfalls

Missing the 30-day opposition window. The publication date is on TSDR; set a reminder the day you see "published for opposition".
Sending argument in a Letter of Protest. It is rejected; the examiner only wants exhibits.
Assuming a registration beats a later filer automatically. It does not; someone has to raise it.

Open the USPTO form ↗