Press Release
February 4, 2022

Trademark Working Group Releases New Report Exposing Overseas Trademark Abuses

WASHINGTON (February 4, 2022) – The Trademark Working Group, founded by Holland & Knight Washington, D.C.-based Partner Paul Kilmer, has released its 2022 "Global Trademark Report Card" (GTRC). The release of the 2022 GTRC is part of the Trademark Working Group's Special 301 submission to the Office of the U.S. Trade Representative (USTR). USTR's Special 301 process is intended to gather information about nations that fail to adequately and effectively protect U.S. intellectual property rights.

"Millions of dollars are wasted by trademark owners every year because foreign countries fail to provide sufficient protection for brands," said Mr. Kilmer.

The GTRC highlights a number of gaps in foreign trademark laws as well as practices by foreign governments that deny trademark owners the ability to safeguard their brands, which cost brand owners unnecessary time and money. The European Union, China, India, Brazil and Indonesia feature prominently in this year's GTRC. Click on the links below to view the GTRC:

Trademark Working Group - Special 301 Submission for 2022

"The failure by nations to eliminate infringing trademarks during the registration process forces brand owners to bring what should be unnecessary challenges," Mr. Kilmer stated. "And nations that do not enter default judgments against trademark thieves who fail to defend their bad-faith applications cost U.S. companies millions of dollars a year."

"Other practices by foreign governments allow trademark pirates to take advantage of brands developed at great expense and effort by U.S. trademark owners," Mr. Kilmer continued. "We hope that USTR and the other federal agencies charged with responsibility for ensuring the international protection of trademark rights will confront the challenges highlighted in our report."

The Trademark Working Group, which was formed in 2013, includes in-house counsel from Fortune 500 companies, certification mark owners and small companies with international business operations. The group's goal is to collect information from U.S. businesses and law firms regarding the trademark laws and practices of foreign nations that deny adequate protection to trademark rights.

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