Author, Gilson on Trademarks
ANNE GILSON LALONDE
Anne is currently working on Release 120 for Gilson on Trademarks.
Highlights of Release 119 included:
- Substantial changes to many chapters listing requirements and providing practical advice for USPTO/TTAB practice. Moving away from rarely-used forms, chapters 16, 17, 19, and 20 review filing requirements for different types of federal trademark applications, give clear checklists, and provide guidance and cross-references for each portion of an application as it appears to users in the USPTO’s Trademark Center.
- Plaintiffs alleging trade dress infringement must specify to the court’s satisfaction precisely which elements of that trade dress they are relying on for their claim. Articulating the elements is especially important if the trade dress is unregistered and thus there’s no record of what is protected. Toyo Tire Corp. v. Atturo Tire Corp., 2024 U.S. App. LEXIS 25127 (Fed. Cir. 2024) (unpublished). “[I]llustrative photographs” and descriptions of some relevant products is not enough put the defendant on notice of the asserted trade dress. Tangle, Inc. v. Aritzia, Inc., 125 F.4th 991, 999 (9th Cir. 2025). Though there is a split on that issue. See § 2A.01[5].
- Big changes at the USPTO in filing and fees. No more TEAS Standard or TEAS Plus, and all applications must be filed in the USPTO's Trademark Center. On top of the base fee of $350, there are three potential surcharges for applications filed under Section 1 or 44: $100 per class for submitting insufficient information with the application, $200 per class for using the free-form text field to identify the goods and services rather than the ID Manual-based dropdown menu, and $200 per class for an ID that is over 1000 characters. See § 15.03.
Anne's article Far from Fluent: Making Sense of the Doctrine of Foreign Equivalents appears in the September-October 2022 issue of the Trademark Reporter at 112 TMR 771 (2022).
Anne was thrilled to be the 2020 recipient of the International Trademark Association's Service Award for the Advancement of Association Objectives.
The announcement of the award is here.
Anne's article
Giving the Wrong Impression:
Section 2(a)'s False Suggestion of a Connection
appears in the
Trademark Reporter at
110 TMR 877 (2020).
Anne and Jerry commemorate Matthew Bender's 125th anniversary in a podcast discussing their authorship of Gilson on Trademarks.