The following is an edited transcript of my video Trademark Stories to Watch in 2024.
The first big story I’m watching is USPTO fee changes and increases. The USPTO will be issuing a proposed rulemaking in the next few months, which will turn into a final rule that will lead to new fees. The timeline the USPTO has provided says that the new fees are likely to go into effect around the end of the fiscal year in the fall.
Another big story is USPTO Trademark Technologies and Systems. At the end of 2023, the new USPTO search system rolled out. The USPTO has said that there’s also a new assignment filing system coming, and a more user-friendly new trademark application filing system.
Lots of celebrity trademark stories to be in the news again this year. I talked a lot about Taylor Swift in 2023, but also other celebrities with protected brands, like Tiger Woods and his recent breakup with Nike. Lionel Messi—who continues to expand his portfolio of endorsements, but still has not fully protected his name at the USPTO. Finally, Monster Energy, which lost several trademark cases last year and has long been accused of being overly aggressive or perhaps even bullying in their trademark litigation enforcement tactics. With these losses, will we see any change in how aggressive Monster Energy is, will we see appeals, or will we see other cases where Monster Energy either succeeds or is rebuffed in their efforts to stop other brands from using the word “monster”?
Lastly, the pending Supreme Court case about “Trump too small”, and whether the refusal to register that name without consent violates the First Amendment. This issue is interesting because it’s before the Supreme Court and relates to trademarks, but does not impact the vast majority of trademark applicants.
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