2022 IP Outlook Report: The Developments Shaping Trademark Law

McDermott Will & Emery
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KEY TAKEAWAYS AND OUTLOOK FOR 2022 -

While Gen Z taught us all on TikTok how not to be “cheugy,” or out of touch with pop culture, similarly, trademark law in 2021 ushered in new and changed regulations, provided further guidance on traditional legal concepts and gave us a peek into how brands may help shape the future in the “metaverse”—and beyond. Trademarks (like Gen Z), keeping us all hip.

After another year of uncertainty marked by an ongoing pandemic, environmental strains, fights for social justice and a growing understanding of what it means to be truly equitable and inclusive, we expect that brands will continue to serve as cultural beacons, consumer protection tools and drivers of change in 2022. Developments to watch include:

NEW STRATEGIES AND TOOLS FOR ADDRESSING FRAUD -

We anticipate that brand owners will take advantage of the Trademark Modernization Act of 2020 (TMA)—which went into effect on December 18, 2021—and other legal guidance to tackle fraud, remove “deadwood” from the federal trademark register and streamline prosecution and enforcement strategies.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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