The Intellectual Property Owners Association (IPO) submitted its comments last Friday in response to the USPTO's recent invitation for input on whether "trademark bullying" is a problem.

In response to the USPTO's key question "Do you think trademark 'bullies' are currently a problem for trademark owners, and if so, how significant is the problem?" IPO answered:

IPO does not believe that trademark “bullies” are a problem for trademark owners. The question defines a trademark “bully” as a “trademark owner that uses its trademark rights to harass and intimidate another business beyond what the law might be reasonably interpreted to allow.” This language is problematic because, inter alia, what seems reasonable to one person may not seem reasonable to another. In point of fact, trademarks serve as signs of quality of a particular good or service and play an important role in consumer protection by preventing confusion in the marketplace and building consumer trust. With this deep and expansive market reach, comes the responsibility of maintaining the integrity of the brand. It is in the best interest of companies, large and small, to carefully review potential trademark infringement issues and create a consistent enforcement strategy which, in turn, bolsters brand recognition and reliance.