Can You Stop a Trademark from Being Registered?
Updated February 3, 2026
Yes. U.S. trademark law allows third parties to raise concerns about a trademark application before it is published for opposition. This process is known as a Letter of Protest, and it can be a powerful — and often underused — tool for early brand protection.
Unlike a trademark opposition, a protest occurs during examination, before the application ever reaches the public opposition stage.
Using a Letter of Protest to Challenge a Trademark Application Early
If you believe a pending federal trademark application will conflict with or infringe upon your existing mark or application, you may raise the issue with the U.S. Patent and Trademark Office (USPTO) before the application proceeds further. One way to do this is by submitting a Letter of Protest (LOP), a mechanism under the Lanham Act that allows third parties to provide evidence showing why a pending application should not be registered.
A Letter of Protest is designed to bring relevant facts to the USPTO’s attention during examination — not to argue the case directly, but to ensure the examining attorney has access to information that may warrant a refusal.
Why Letters of Protest Are Often Effective
LOPs are generally a cost-effective and efficient way to address trademark conflicts early, without triggering a formal or adversarial proceeding. In principle, any party may submit a Letter of Protest, provided the submission identifies valid grounds for refusal and includes supporting, objective evidence.
One of the most common and appropriate grounds for a Letter of Protest is likelihood of confusion with an existing registered mark or a previously filed application. When the goods or services in the challenged application are not identical to those in the protester’s registration or application, the protester must also submit evidence showing relatedness between the goods or services.
How the USPTO Reviews a Letter of Protest
Once submitted, the USPTO reviews the Letter of Protest internally. If the Office determines that the evidence supports the asserted grounds, the materials are forwarded to the examining attorney assigned to the application at issue.
If the examining attorney finds the evidence persuasive, they may issue an Office Action refusal, which can delay, narrow, or even derail the application. In some cases, this may ultimately lead to an adversarial proceeding if the applicant chooses to contest the refusal.
Timing and Filing Deadlines
Timing is critical. A Letter of Protest should be filed as soon as possible after the contested application is filed, and ideally before the mark is published for opposition.
As a general rule, the USPTO requires that a Letter of Protest be submitted no later than 30 days after the application’s publication date. Letters submitted after this window are typically denied as untimely. The USPTO will acknowledge receipt of the submission and notify the filer whether it complies with procedural requirements. Beyond that acknowledgment, there is no ongoing interaction between the filer and the USPTO regarding the protest.
Strategic Alternatives to Consider
Before submitting a Letter of Protest, it’s worth evaluating whether — in addition to or instead of an LOP — one of the following strategies may be more appropriate:
Sending a cease and desist letter to the applicant;
Filing a trademark infringement lawsuit (where use has already begun); or
Filing a formal opposition once the application is published.
Each option carries different costs, risks, and strategic implications, depending on the strength of your rights and the stage of the application.
Conclusion
A Letter of Protest is a preventive, low-friction tool that can stop problematic trademark applications early — often before they mature into registered rights. When used thoughtfully and supported by strong evidence, it can save significant time and expense down the road.
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*This article is provided for informational purposes only, and does not constitute legal advice, counsel or representation.
