Top USPTO filers; BIG MAC takeaways; new China guidelines; and much more

Everything we covered on WTR over the past seven days – and all you need to know from the world of trademarks to set yourself up for the start of another busy week.

The Long Read

Our annual assessment of the US brand landscape reveals the top USPTO filers and representatives, volatile application trends, and much more.

Monday 23 January

Thom Browne counsel reflect on their recent victory over adidas.

Taft’s Paul McGrady considers recent ICANN efforts to address issues related to trademark rights, online abuse, WHOIS access and the next round of new gTLDs.

Plus:

• Philip Morris successfully opposes figurative mark containing abstract MARLBORO mark (European Union)
• On the border of art and trademark: First Amendment trumps the Lanham Act (United States)

Tuesday 24 January

The United Kingdom’s leading representative filers are revealed, with questions raised over a new entrant in the top 10.

The USPTO extends its strategic plan comment window, a cereal maker sues US rock band OK Go, brands are split on gaming in Web3, and more.

Plus:

• Louboutin hot on Amazon’s heels: does CJEU ruling on direct liability really make online platforms shake in their shoes? (European Union)
• Amendments to Banjul Protocol come into force: what you need to know (International)

Wednesday 25 January

McDonald’s finally proves its use of the BIG MAC mark, but we ask what brands can learn from the long-running saga.

WTR analyses how UK retailer NEXT is using online infrastructure and third-party brands to prepare for the future.

IP lawyers voice their concerns after meeting with the new director of the Mexican Institute of Industrial Property to discuss his and the government’s priorities.

Plus:

• Court of Cassation provides guidance on limits of parody in Zorro dispute (Italy)
• DELPHI v DEPLHI: PTO’s decision sheds light on interpretation of bad faith (Turkey)

Thursday 26 January

China’s new trademark guidelines signal new measures against the use of certain marks, as well as rules on marks containing geographical names.

Plus:

• WELL AND WELL v WELLBE: assessment of the likelihood of confusion based on the relevant public’s understanding of the marks (European Union)
• Indonesia’s new Criminal Code and intellectual property (Indonesia)
• How to protect trademarks against non-use effects in Switzerland (Market Insight: Switzerland)

Friday 27 January

A ChatGPT fraud warning, the UKIPO’s new service rules and Hershey’s TOUGH COOKIE dispute feature in Friday’s news digest.

WTR chats with 2023 INTA Annual Meeting co-chairs Karina Dimidjian Lecomte and Zaheera Hashim to discuss what this year’s global trademark event has in store.

Plus:

• Non-infringement action against EUTM based on prior use defence: Circuit Court issues landmark decision (Slovenia)
• Caution use of Urban Dictionary: LES BOYS trademark invalidated (United Kingdom)

Saturday 28 January

Perception is powerful but authenticity is paramount when it comes to brand sustainability, argues our Saturday opinion.

Out now: Special Report on diversity in IP

WTR's new Special Report examines the progress being made to improve diversity, equity and inclusion across the IP sphere – with practical steps from industry leaders on how to build a better workplace.