The Trademark Reporter Covers Single-Color Trademarks, Genericness Surveys—and More!

The May–June 2025 issue of The Trademark Reporter (TMR) is dedicated to past TMR Editor-in-Chief and author Jerre B. Swann (1939–2025), who is movingly memorialized by his former colleagues from Kilpatrick Townsend & Stockton (USA), William H. Brewster, Theodore H. Davis Jr., and R. Charles Henn Jr.

The issue continues with the cutting-edge article “Should We Worry About Color Depletion? An Empirical Study of USPTO Single-Color Trademark Registrations,” in which Dr. Xiaoren Wang (University of Dundee, United Kingdom) examines single-color trademarks—and the potential for color concentration and depletion—through the lens of her own quantitative, empirical study of data from the United States Patent and Trademark Office.

Next is the timely article “Multiculturalism, Minority Language Rights, and Trademark Law: Protecting the Less-than-Average Consumer, “in which Ilanah Fhima (University College London, United Kingdom) argues that the approach to which trademarks are registered, and the scope of protection afforded them once registered, play an important role in recognizing minority interests—in particular, minority languages—in a multicultural society.

Brand owners will find an enforcement toolkit to proactively protect their certification marks under U.S. law in the practitioner-focused article “Keeping Promises: Enforcement Strategies for Certification Marks in the United States” by B. Brett Heavner and Caroline Segers (both of Finnegan, Henderson, Farabow, Garrett & Dunner, USA).

The TMR’s thought leadership on surveys continues with the incisive commentary “Oh, Snap! A Shift in Consumer Perception Surveys in Genericness Litigations After Snap Inc. v. Vidal,” with David H. Bernstein, Jared I. Kagan, and Daniel N. Cohen (all of Debevoise & Plimpton, USA), giving an insider’s perspective on the genericness surveys conducted in the Snap Inc. v. Vidal case and offering practical guidance for future genericness litigations.

The issue closes with a review by Mathilde P. Florenson (Law Office of Carrie Hedayati Vista, USA) of “Les grands arrets du droit vitivinicole (Sous la direction de Théodore Georgopoulos),” which addresses viti-viniculture—from grapevine growth and cultivation (viticulture) to the art and science of making wine (viniculture) and its trade—and trademarks.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest.

© 2025 International Trademark Association