5 Things I learned About Trademarks Recently

The following is an edited transcript of my video 5 Things I’ve Learned About Trademarks in 2023.

I continue to learn new things  about the world of trademarks – even after more than two decades in the field. Here are some of the highlights or recent things I’ve learned:

1. The world of trademark continues to grow. There are more small businesses, more lawyers and trademark practitioners, and more trademark stories and disputes in the news than ever before. It means that trademarks are becoming a bigger part of our lives, and businesses are paying more attention to protecting them.
2. Big businesses have an economic advantage when it comes to trademark protection, but small businesses have their own advantages. Small businesses can generally move more creatively and with more speed.
3. Artificial intelligence will change the world of trademarks in ways that we haven’t even thought of or experienced yet. We’ve played around with it ourselves with our ChatTM tool. But AI issue will not get rid of or replace attorneys and experienced good counsel. In fact, it’s going to make experienced counsel who knows how to take advantage of AI tools that much more valuable, and that will be very powerful.
4. USPTO trademark filing fees will go up. The USPTO has put forward a proposal which is working its way through the regulatory process, and it’s likely that sometime in the next year we will see fee increases. It will add some complications and layers to the application process, making it even that much more valuable to work with an experienced expert.
5. While there is more intellectual property being protected now than ever before, there is also more intellectual property than ever before that is not being protected. I’m seeing this even in big businesses. Well-known celebrities and athletes are leaving IP protection on the table. Lionel Messi signed a huge deal to come to the US and play for the Miami Major League soccer team. He has no trademark registration to protect his brand in the US. Victor Wema, the number one pick in the NBA draft, has not protected his brand in the US either. Their lawyers are going to have to spend more money and clean up more damage as a result.