Trademark and IP-related news for the legal professionals

Increased awareness by consumers and their need to be informed not only of the origin of the goods, but also of other characteristics of the goods and/or services has led companies to search for more ways to showcase their commitment to ecological products, recycling, and sustainability. This pressure, however, has also led to an increase in deceptive and misleading product advertisements. The European Commission has found that 53% of sustainability claims made in 2020 were “vague, misleading or provided unfounded information about products’ environmental characteristics.” [1] Brands are expected to experience more regulatory pushback against greenwashing practices in upcoming years.

A trademark is a sign capable of distinguishing the goods or services of one company from the goods or services of other companies. The ownership of a trademark excludes others from using similar or confusing marks and by virtue of it. Some of the questions that often arise in trademark law include the nature of trademark ownership and liability for the defective products.

Following the Russian invasion of Ukraine in February 2022, numerous western companies have left the Russian market, creating a shortage of previously available goods and services. The continuing shortage of international products in the country has given rise to a counterfeit market filled with copycat versions of western brands developed by Russian companies to take advantage of the situation.

As indicated in the World Intellectual Property Indicators Report[1], there are well over 213.65 million companies and 64.4 million trademarks registered across the world, which makes it harder to make brand names 100% unique and distinctive. Moreover, there is an inherent risk in filing a trademark application, and the complexity of the process differs from one trademark office to another. In this article, we will introduce some of the most common reasons trademark applications can get rejected by the United States Patent and Trademark Office (USPTO).

There are numerous reasons why trademark registration is advisable and how this action can help entrepreneurs protect their brand. Whoever registers a trademark first has rights to use it in connection to goods or services. At the same time, the trademark owner's right to prevent the subsequent sale of products marked with its trademark is not unlimited and can be subject to trademark "exhaustion."

The United States is one of the most popular destinations for trademark registration. In this article, you can find out everything about the application process, costs, opposition procedure and time required to register your trademark in the US.

According to the IP Facts and Figures 2022 from the World Intellectual Property Organization (WIPO), trademark filings around the world reached 18.1 million in 2021. With global trademark registration numbers soaring, and digital trends changing the nature of trademark infringement, 2022 saw a number of lawsuits that have been closely watched by trademark lawyers.

In order to be registered, a trademark needs to meet certain requirements, namely display a sufficient distinctiveness (i.e. not being descriptive of the goods / services provided) and uniqueness in relation to already registered trademarks. At Trama, we offer our clients a free initial lawyer’s check to see if their trademark meets all the necessary criteria required for registration. The applicant receives the assessment from our experienced legal team within 24 hours. The evaluation of the overall registrability of the trademark includes the risk of opposition by similar trademarks, recommended classes of goods & services for the application form and a price estimate. We've carried out a comprehensive analysis of 20,000 trademarks that reveals important lessons for business owners who wish to boost their brand protection efforts.

The trademark registration process can seem hard at first, but maintaining a trademark can sometimes prove to be even harder. Despite the time and effort, somebody has already put into establishing their brand in the market, there may be times when they might abandon their trademark — purposely or inadvertently. If that happens, the trademark is considered abandoned and can be acquired by other business owners. However, when registering an abandoned trademark, there are a couple of important things business owners have to consider.

Global intellectual property (IP) filings for patents, trademarks and designs continue to surge, mainly driven by filing increases from Asia. According to the 2022 World Intellectual Property Indicators Report (WIPI), China housed 37.2 million active trademarks in 2021. The report shows that China ranked first in various indicators, reflecting the progress China has made in IP comprehensive strength and science and technology innovation capacity.