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Olshan Partner Tamara Carmichael Co-Authors Article in the World Trademark Review

January 19, 2016

Partner Tamara Carmichael co-authored the U.S. portion of the article entitled “Supreme People’s Court is Evolving Attitude to letters of Consent” published in the UK publication World Trademark Review.  The article provides an overview of the U.S. perspective on letters of consent, including recent developments and citations from the Trademark Manual of Examining Procedure with respect to overcoming refusals to register.  The article surmises that often such letters can serve U.S. trademark applicants well, alleviating a likelihood of confusion refusal, and further assuring clarity in the marketplace.  Furthermore, while there need not be a comprehensive, bilateral agreement between the parties, a letter of consent should address a likelihood of confusion in a thought out and fairly rigorous manner.  The U.S. perspective was offered in comparison to the view of letters of consent in China, and recent Chinese judicial interpretations of such agreements.

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