In an interview with Law360, Knobbe Martens partner Greg Phillips shared insights on trademark policy trends to expect from the U.S. Patent and Trademark Office in the upcoming year. Phillips, who co-chairs the firm’s Trademark and Brand Protection group, addressed the increased issuance of failure-to-function denials of trademark registrations, as well as how personnel changes at the USPTO could affect the trademark application process in the near term.
Speaking on the Trademark Trial and Appeal’s Board trend towards relying more on failure-to-function denials, Phillips explained how the board might offer further clarity on the policy this year, whether through future decisions or public memos. He emphasized the importance of this guidance for practitioners seeking to ensure their clients’ trademarks registrations are not denied by the agency.
Phillips also discussed how artificial intelligence tools could play a role in achieving a stated goal of the USPTO this year: streamlining the trademark application review process. He predicted that the implementation of such tools could help focus and engage examiner attorneys who are evaluating nuanced questions of whether a mark warrants registration.
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