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This summer, the Madrid System turned 30 years old, and as two more countries prepare to join the Madrid Protocol we look at how the Madrid System has grown as it enters full adulthood. In 1988, there were only 25 members of the Madrid Protocol. Today, that number has quadrupled, with 105 members covering 121 countries. Canada joined the Madrid Protocol earlier this year, and Brazil announced in July that it will now be able to accept Madrid Protocol applications beginning in October 2019. The World Intellectual Property Organization (WIPO) reports that the Madrid System gives trademark owners protection to 80% of the global economy. In 1988, 20,000 registrations were issued under the Madrid System, according to WIPO, and 30 years later, WIPO reports that number has tripled to 60,000. There is no doubt that the Madrid System has assisted many companies in effectively achieving international trademark registrations by filing one trademark application with one set of fees for protection in their choice of more than 120 countries.
By Jonathan Moskin
In 2013, the PTO adopted a new policy under which any party commencing a de novo proceeding challenging a PTO decision would be responsible to pay a pro rata share of the salaries of the government attorneys working on the matter. On Dec. 11, 2019, the U.S. Supreme Court rejected the PTO’s new interpretation of the Patent Act and held that the American Rule, a centuries-old principle under which each party bears its own attorneys’ fees, does apply to this statute.
By Mary A. Donovan
In a recent trademark cancellation case that has drawn “human interest” attention in the news, the plaintiff appealed an adverse decision to the Federal Circuit. The plaintiff was not “kidding” when he expressed his opinion that the registered mark, described as “goats on a roof of grass,” is demeaning to goats which, in turn, is offensive to him.
By Shaleen J. Patel
Do Not Pass Go? U.S. Supreme Court to Review Federal Circuit’s Finding of Justiciability
By Leslie Kushner
This article discusses the jurisprudence applied to determining patent eligibility of claims for diagnostic methods, and the expectation for changes in analysis of patent eligibility under §101 in the near future.