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The Trademark Reporter
Current Issue
The Trademark Reporter, September–October 2025, Vol. 115 No. 5
This issue of The Trademark Reporter (TMR) offers an exploration by two rising authors of honest concurrent use in India; another rising author’s examination of the doctrine of greater care in India; a roadmap for practitioners through the key challenges facing their clients’ certification marks; an in-depth survey of so-called weak trademarks in the European Union; and a call-to-action to major global economies to address the threats posed by abusive trademark registrations.
While trademark law may not deliberately treat minorities worse than consumers generally, it is argued that protecting minority interests requires us to go beyond treating everyone the same, with a view to eliminating inequalities that might otherwise occur from different starting points and pursuing goals of equality and a wider understanding of nondiscrimination.
Ilanah Fhima, University College London, United Kingdom Multiculturalism, Minority Language Rights, and Trademark Law: Protecting the Less-than-Average Consumer, 115 Trademark Rep. 601 (2025)
A Brief History of Honest Concurrent Use in Indian Trademark Law
Lokesh Vyas and Praharsh Gour
This article by two rising authors (and bloggers at SpicyIP) explores honest concurrent use as a defense in trademark infringement cases.
The “Doctrine of Greater Care”: Pharmaceutical Trademarks in India
Aparajita Lath
This article by a rising author (and blogger at SpicyIP) examines the developing area of the doctrine of greater care to assess likelihood of confusion between pharmaceutical trademarks.
Certification Mark Pitfalls: Managing Problems of Genericness, Descriptiveness, and Consumer Perception
B. Brett Heavner and Caroline G. Segers
The authors of this article expertly guide practitioners through the challenges posed to certification marks by genericness, descriptiveness, and consumer perception.
Scope of Protection of Weak Marks in the European Union—Analysis of the Case Law of the European Union Court
Jeroen Muyldermans and Paul Maeyaert
This in-depth article by two European Union practitioners surveys the evolving case law on so-called weak trademarks.
Abusive Trademark Registrations: Threats to International Trade and Commerce
Daniel Bereskin, C.M., K.C.
This article by a seasoned practitioner addresses the threats posed to major global economies by various forms of abusive trademark registrations.