Standards Setting Organizations and Trademark Registration: An Empirical Analysis

13 Pages Posted: 20 May 2019

See all articles by Brad Biddle

Brad Biddle

Arizona State University (ASU) - College of Law

Frank X. Curci

Ater Wynne LLP

Matthew Dodson

Albertazzi Law Firm

Molly Edwards

Ater Wynne LLP

Date Written: May 10, 2019

Abstract

The paper presents an empirical analysis of the trademark registration practices of 40 standards setting organizations. Key observations and conclusions include: (a) every organization had submitted a registration application with the USPTO, and all but four had active registered marks, suggesting that trademarks play an important role for SSOs; (b) nearly all SSOs appear to be emphasizing their organization name as a de facto “house mark” (although none appear to formally apply for “house mark” status with the USPTO); (c) classes 9, 35 and 42 appear to be particularly important for SSOs – and the dominance of class 9 suggests that software is playing a key role in standardization; (d) despite frequently engaging in “certification,” SSOs infrequently rely on certification marks; (e) SSOs appear to make little use of collective membership marks; and (e) SSOs display a striking diversity of approaches to trademark registration.

Keywords: Standards Setting Organizations, SSOs, SDOs, trademarks

Suggested Citation

Biddle, Brad and Curci, Frank X. and Dodson, Matthew and Edwards, Molly, Standards Setting Organizations and Trademark Registration: An Empirical Analysis (May 10, 2019). Available at SSRN: https://ssrn.com/abstract=3386404 or http://dx.doi.org/10.2139/ssrn.3386404

Brad Biddle (Contact Author)

Arizona State University (ASU) - College of Law ( email )

Box 877906
Tempe, AZ 85287-7906
United States

Frank X. Curci

Ater Wynne LLP ( email )

1331 NW Lovejoy Street
Suite 900
Portland, OR 97209
United States
503-226-8458 (Phone)
503-226-0079 (Fax)

Matthew Dodson

Albertazzi Law Firm ( email )

OR
United States

Molly Edwards

Ater Wynne LLP ( email )

1331 NW Lovejoy Street
Suite 900
Portland, OR 97209
United States
503-226-8624 (Phone)
503-226-0079 (Fax)

HOME PAGE: http://www.aterwynne.com

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