Each year, INTA's Government Officials Training (GOT) Committee collaborates with the U.S. Intellectual Property Office (USPTO) on an Industry Training presentation for the USPTO's examining attorneys and staff. The industry trainings provide a forum whereby an industry sector and an IP office come together to share information on the latest trends within the industry that may affect the examination of trademark applications. The trainings allow examiners to hear about common trademark challenges facing in-house counsel and the outside bar. The trainings establish a direct line of communication between the examiners and attorneys practicing before the trademark office in question.

The GOT Committee's first training at the USPTO this year took place on July 18, and focused on the fashion and sportswear apparel industry. Approximately 450 people attended or viewed the presentation live online. The GOT Committee's USPTO Subcommittee Co-Chair, Joan Kupersmith Larkin (Seyfarth Shaw, USA) organized the training along with subcommittee members, and presented opening remarks. Subcommittee members Britt Anderson (K&L Gates, USA), Ami Bhatt (Take-Two Interactive, USA), Lindsey Corbin (Atlas Brands, USA), David Starr (Muncy, Geissler, Olds & Lowe, P.C., USA), and Scott Woldow (Smith, Gambrell & Russell, LLP, USA) were instrumental in securing the expert panel of speakers and developing a substantive presentation.

Speakers included Dinisa Folmar (Nike, Inc., USA), Adam Kelly (Columbia Sportswear Company, USA), and Pamela Weinstock (Kenneth Cole Productions, Inc., USA). The panel was moderated by GOT Committee Member, Mr. Starr.

While there was significant overlap in the issues faced in the industry, each panelist presented issues of particular concern to their company. Ms. Weinstock discussed the challenges of crafting acceptable trademark application identifications, particularly as certain fashion brands evolve into lifestyle brands offering goods and services in classes related to fashion, including fragrances, eyewear, housewares, and even hospitality services. Ms. Weinstock also provided insight into the unique trademark considerations presented by Kenneth Cole's "cause marketing" and social-awareness advertising.

Mr. Kelly described the challenges in managing a high volume of clearance work, particularly given the seasonal nature of the fashion and apparel industry and the variety of goods offered by Columbia Sportswear. He also discussed the company's challenges in providing acceptable point-of-sale specimens, particularly as consumers continue to engage with brands in digital spaces instead of in traditional retail stores.

Ms. Folmar shared how her team at Nike works closely with the business on trademark issues. Decisions on trademark clearance, prosecution, and enforcement are made within the organizational matrix and so can include getting buy-in from constituencies such as related business lines, marketing, and public relations. In addition, Ms. Folmar discussed the company's successes in using letters of protest in enforcing Nike's rights in its JUST DO IT mark.

INTA would like to thank the USPTO and the GOT Committee's USPTO subcommittee for another successful collaboration on an event that is mutually beneficial for USPTO examiners and INTA's brand owners.

Another industry training is scheduled to take place at the USPTO in November while INTA will be in Washington, D.C., for its Leadership Meeting. This event will focus on the coffee industry. The GOT Committee also presents annual trainings at the European Union Intellectual Property Office (EUIPO) and the Mexican Institute of Industrial Property (IMPI).

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