Attorneys at Law

Erik M. Pelton
John C. Heinbockel**
Benjamin D. Pelton***

111 Park Place

Falls Church, VA 22046
T: 703.525.8009
F: 703.525.8089

*NJ DC Bar
** NY Bar
*** VA DC & NY Bar
erikpelton.com

of counsel

Top Trademark Trends of 2016

By Erik M. Pelton (Erik M. Pelton & Associates)
Looking back on 2016 from a trademark perspective, the year rather quiet compared to 2015 and
what is in store for 2017. With a lot on tap for next year from the USPTO and the Supreme Court in
the world of trademarks, 2016 saw the continued trends of application filing increases and sleeker
logos from companies for a more mobile world.
US trademark filings increase again. For the seventh year in a row, the number of trademark
application filings submitted to the US Patent and Trademark Office (USPTO) has grown. The
increase may have slowed from last years surge of nearly ten percent, but the trend of more
businesses investing more to create and protect brands continued nonetheless. Given the consistent
filing rise over the last few years, the overall number of active US trademark registrations sits at an
all-time high, nearly 2.2 million.
Presidential election themes generate scores of trademark filings. Novembers election
generated hundreds of trademark filings. From Make America . Again to Make . Great
Again, from Deplorables to Bernie and Walls to Putin, and more than one hundred filings
featuring the term Trump,election themes and catchphrases provided the basis for many
application filings. When the new administration takes office in January, two areas could affect
trademark owners the most: USPTO operations and international trade deals that include trademark
and intellectual property provisions.
Changes on tap for the USPTO. In 2017, the USPTO will see several significant changes besides
a new Director with the new administration. There are some fee changes on tap that will primarily
affect filers who use paper instead of the USPTOs electronic systems. The Trademark Trial and
Appeal Board has a new rules package that takes effect mid-January and provides for testimony by
affidavit, electronic service of documents, and some other procedural changes intended to reduce
the costs and time of litigation. Other rule changes will tweak the declaration format used by
signatories.
Supreme Court to decide whether the USPTOs refusal to register disparaging trademarks
is unconstitutional. In December of 2015, the Court of Appeals for the Federal Circuit (CAFC)
held that the USPTO was wrong to refuse to register the name of a band, The Slants, on grounds
that the name is disparaging. The CAFC held that the section of the Lanham Act trademark
statutebarring registration of disparaging terms, Section 2(a), violates the First Amendments
protections for private speech. The Supreme Court will hear the case in January, and the outcome
will likely affect the years-long saga involving the Washington Redskins trademarks as well.
Logos get sleeker. Instagram and Uber unveiled major logo redesigns. Taco Bell, MasterCard,
Subway, NASCAR, and Netflix tweaked their logos. Most of these changes represented a shift
towards simplicity and sleekness, as such designs that are easier to read on small screens. As more
brand interactions are online and mobile, look for other brands to continue the trend of simplifying
their logos next year as well.

Scams targeting trademark owners proliferate. The number of bogus solicitations, questionable
offers, and outright scams targeting trademark owners continued to expand, with slow progress in
cracking down on the operators. While the number of these offerings seems to keep growing, in
2016 several individuals in California were indicted and charged with money laundering and other
crimes in connection with a scheme to launder the proceeds of a mass mailing scam targeting
holders of U.S. trademarks. And in New Zealand, after efforts by the New Zealand Commerce
Commission, refunds of over NZ$600,000 were made to individuals taken in an online trademark
directory scam from TM Publisher.
On tap for 2017. In many ways, 2016 was a static year in trademarks between 2015, which
featured a major Supreme Court trademark decision, and 2017, which will feature another top court
case, as well as the implementation of several new sets of rules and fees from the TTAB and
USPTO. With the contentious presidential election in the rearview mirror, I believe that 2017 will
also bring significant growth in the number of trademark filings and trademark disputes.

2016 Erik M. Pelton & Associates, PLLC. All Rights Reserved.

About Erik M. Pelton: Erik Pelton has been making trademarks bloom since 1999 as the
founder of Erik M. Pelton & Associates, a boutique trademark law firm in Falls Church, Virginia.
The firm has registered more than 2,500 U.S. trademarks for clients and has represented dozens of
parties in trademark disputes.

Past issues of Top Trademark Trends:

2015: http://www.erikpelton.com/2015/12/30/top-trademark-trends-of-2015-supremes-slantsswiftmas-and-more/
2014: http://www.erikpelton.com/2014/12/31/top-trademark-trends-of-2014/
2013: http://www.erikpelton.com/2014/01/13/top-trademark-trends-from-2013/
2012: http://www.erikpelton.com/2013/01/14/top-trademark-trends-of-2012-scams-gtldscelebrities-and-more/
2011: http://www.erikpelton.com/2011/12/14/top-trademark-trends-of-2011/
2010: http://www.erikpelton.com/2011/06/11/top-trademark-trends-of-2010/