Your Big Trademark Predictions for 2019?

Before we think predictions for 2019, let’s consider the vast ground we’ve covered in 2018:

• The TTAB turned sixty years old, so we offered some commentary and predictions;
• Super Bowl LII came to Minneapolis, so we covered ambush marketing and fair use;
• We celebrated a Minnesota Vikings’ Minnesota Miracle, a very distant memory now;
• Following that Miracle, Martha explained why the Philly Special isn’t so special;
• Draeke shared how to overcome trademark registration refusals in a Strafford webinar;
• We happily celebrated our ninth birthday on March 5th, with much to be thankful for;
• We launched our inaugural Creative Brand Protection event, with two incredible panels;
• We topped the charts, again, winning the 2018 JD Supra Readers’ Choice Awards;
• We noted the registration of my very personal brand name, thanks again Tucker;
• Making Your Law Blogging Visible webinar was a pleasure, thanks Draeke and Tucker;
• Good times in Seattle at INTA, speaking about trademarks and free speech, thanks Dan;
• Seth Godin shared valuable insights on several posts, even linking to a Tucker post;
• Yes, Tucker Chambers inspired Seth to utter the words “make better tacos” — love it;
• Co-presenting with Rosalie O’Brien and Beth Cate at the Annual NACUA Conference;
• We shared some stories as we witnessed Cat calling attention to women’s footwear;
• Tiffany explained how Justice Cavanaugh just might impact IP law at the USPTO;
• We wrote until we had a stomach ache, about Zero branding, meaning nothing at all;
• At the Midwest IP Institute, we showed how to master the patentese of trademarks;
• Tim Sitzmann teamed up with Carrie Hefte to present: The Year in Trademark Law;
• World Trademark Review highlighted our coverage of the Budweiser/Jim Beam team up;
• Creative Brand Protection II took a bite out of apple naming and Best Buy’s rebrand;
• We reported the trademark remarks of Chief Justice John Roberts while at the U of M;
• Our friend Ron Coleman, liked it so much, he used it as a springboard for more wisdom;
• We had the privilege of interviewing Seth Godin on the release date of This is Marketing;
• We shared Fred’s video interviews about our creation, launch, and ongoing Duets ruckus;
• We toasted a great cause with our signature New Fashioned — i.e., Bold Fashioned cocktail;
• Jessica scouted an interesting trademark battle between boy and girl scouts, thanks LexBlog;
• We tempted a Twin Cities real estate agent to test the true wingspan of his trademark;
• Tiffany updated trademark practitioners about the latest TTAB developments;
• We questioned whether Apple iPhone billboard advertising is a bit, shall we say, Xs-ive;
• Kyle not only shared the wealth in 2018, but ably covered a very wide range of IP topics;
• Tim Sitzmann proved once again, why he reigns as a top ten author on JD Supra’s platform;
• And, a very special thanks to frequent guestbloggers in 2018, James, Mark, and Aaron.

Wow, I’m exhausted, and these highlights are only a small fraction of what we delivered in 2018.

You may recall, earlier this year, I predicted more informational and failure to function decisions.

As our friend John Welch reported, there were more than a few (here, here, here, here, and here).

Stay tuned, on March 13, in New York City, I’ll be diving deeply into the failure to function topic, among others, at Practicing Law Institute’s Advanced Trademark Law 2019: Current Issues.

In terms of my big trademark prediction for 2019, it will be revealed whether the scandalous bar to federal registration is invalidated, whether or not the Supreme Court agrees to hear Brunetti.

So, what is your big trademark prediction for 2019?

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