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The Trademark Reporter

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Current Issue

November–December 2022 (Vol. 112 No. 6)

This issue offers our readers two firsts for The Trademark Reporter (TMR): two data-rich articles analyzing trademark applications to the United States Patent and Trademark Office and the European Union Intellectual Property Office, respectively, and offering data-informed insights to brand owners and thought leaders alike. The issue also features a book review on ambush marketing.

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When we launder our desire for civil rights and equality through the lens of branding culture, everything, even resistance, becomes commodified.

Sonia K. Katyal, Berkeley Law School, USA Brands Behaving Badly, 109 TMR 827–28 (2019)

Featured Articles | November–December, 2022 (Vol. 112 No.6)

A Tale of Four Decades: Lessons from USPTO Trademark Prosecution Data

Authors: Deborah R. Gerhardt and Jon J. Lee

In this first-ever TMR article based on the Trademark Case Files Dataset released by the Office of the Chief Economist of the United States Patent and Trademark Office, the authors analyze forty years of trademark application data (beginning in 1981) and offer data-informed insights that every brand owner should know.

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The Future of Trademarks in a Global Multilingual Economy: Evidence and Lessons from the European Union

Authors: Barton Beebe and Jeanne C. Fromer

In this first-ever TMR article based on the Open Dataset released by the European Intellectual Property Office (EUIPO) (and on multiple other datasets), the authors analyze all trademark applications from 1996 through 2018, which reveal that the European Union trademark system is experiencing extreme levels of trademark depletion and crowding, and propose legal reforms that may help trademark systems around the world, including the U.S. system.

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Book Review: Ambush Marketing and Brand Protection: Law and Practice by Phillip Johnson

Author: Désirée Fields

The reviewer of this book finds this one-volume treatise on “ambush marketing,” where a non-sponsoring company attempts to deflect the attention to itself and away from the sponsoring company, a must-read for anyone advising clients on intellectual property rights in the sports sector.

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