Where can I find a sample or template for writing a "Letter of
Protest" to the US Patent and Trademark Office to contest a pending
application for a specific trademark?  

I have filed my application several months earlier for the same
trademark, for the exact same class of goods as the Jonny-Come-Lately
applicant. I want to ask that this later application be suspended for
the possible interference and harm it may cause me while my
application is being examined.

I have MOST of the relvant legal grounds, points, and wording.  I just
want a samle of template for a Letter of Protest regarding a pending
application for a trademark that has not yet been reviewed by an
Examining Attorny at the USPTO.

Your help is appreciated,

Shaun

VIA CERTIFIED MAIL, Return Receipt Requested

						[DATE]

Office of the Commissioner for Trademarks
Attn: Jesse Marshall, Esq.
Administrator for Trademark Identification, Classification & Practice
P.O. Box 1451 
Alexandria, Virginia 22313-1451

	RE:	Letter of Protest
Application for ?[MARK]? in IC ______
		Serial No. _____________

Dear Ms. Marshall:

	Pursuant to TMEP Section 1715.01(a)(2), this will serve as a Letter
of Protest as to the pending federal trademark registration
application for the mark ?__________? in International Class ____ for
?[INSERT GOODS OR SERVICES DESCRIPTION]? filed ____________.  Please
know that [COMPANY NAME] (?Company?) is the owner of the incontestable
registered trademark ?__________? in International Class _______ for
?___________________? (Registration Number ______________).  Company
alleges that there is a likelihood of confusion between Company?s
registered ?_______________? mark and the ?_________________? mark
that is the subject of the instant registration application.  Company
presents the following in support of its allegation:

As you know, the Examining Attorney must first look at the marks
themselves for similarities in appearance, sound, connotation and
commercial impression.  In re E. I. DuPont de Nemours & Co., 476 F.2d
1357, 177 USPQ 563 (CCPA 1973).  Company respectfully alleges that
?___________? and ?______________? are sufficiently similar under this
standard so as to permit a finding of likelihood of confusion. 
Second, the Examining Attorney must compare the goods or services to
determine if they are related or if the activities surrounding their
marketing are such that confusion as to origin is likely.  In re
August Storck KG, 218 USPQ 823 (TTAB 1983); In re International
Telephone and Telegraph Corp., 197 USPQ 910 (TTAB 1978); Guardian
Products Co., v. Scott Paper Co., 200 USPQ 738 (TTAB 1978).  Company
respectfully alleges that ?______________? and ?_________________? are
sufficiently related under this standard so as to make confusion
likely.


Because of the similarity of Company?s registered mark and the mark
that is the subject of the application and because of the relatedness
of the lines of goods described, Company respectfully requests that
you grant this Letter of Protest and advise the Examining Attorney as
appropriate.  Please contact me with any questions you may have
regarding this communication.  Thank you for your consideration.

					Very Truly Yours,


				

Shaun--see TMEP 1715, et seq., at
http://www.uspto.gov/web/offices/tac/tmep/1700.htm#_Toc674575