1715.04(a) Standard of Review for Letters of Protest Filed on the Date of Publication or After Publication
When a letter of protest filed on the date of publication or within 30 days after the date of publication complies with the requirements of Rule 2.149, the Deputy Commissioner will determine whether the evidence establishes a prima facie case for refusal of registration on the identified ground(s), such that failure to issue a refusal or to make a requirement would likely result in issuance of a registration in violation of the Trademark Act or applicable rules. 37 C.F.R. §2.149(d)(2). In re BPJ Enters. Ltd., 7 USPQ2d 1375, 1379 (Comm’r Pats. 1988). See TMEP §1715.04 regarding the nature of relevant evidence.