Recommended Reading: The Trademark Reporter, September-October 2024 Issue

The September-October 2024 (Vol. 114 No. 5) issue of the Trademark Reporter has arrived. [pdf here]. Willard Knox, Editor-in-Chief, summarizes the contents as follows (and below): "This issue offers readers an article on how practitioners can use survey evidence to prevail on behalf of brand owners contesting failure-to-function refusals to register their trademarks as well as a book review of a practical handbook on design law."

Phantom Rules: The USPTO’s Disruptive Denial of Trademark Protection in New Communicative Spaces, by Christopher P. Bussert & Jonathan E. Moskin. The practitioner authors of this article argue that the United States Patent and Trademark Office (USPTO) has sought to shift the burden of proof to brand owners that contest the USPTO’s refusal to register their trademarks on the ground of failure to function—and share their experience with using survey evidence to prevail on the brand owners’ behalf.

Book Review: Research Handbook on Design Law, Henning Hartwig, ed. Reviewed by Elisabeth Kasznar Fekete. The reviewer of this treatise finds it offers readers a comprehensive and authoritative survey of design law that will be useful to policymakers, intellectual property office examiners, attorneys, and judges.

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TTABlog comment: This issue of the TMR is Copyright © 2024, the International Trademark Association, and is made available with the permission of the Trademark Reporter®.