NAMEPROTECT TRADEMARK INSIDER® Comprehensive Guide: Trademark Industry IN THIS ISSUE: Top 200 Trademark Firms Top 100 Company Trademark Filers 2003 Industry Summary Madrid Protocol Annual NameProtect Trademark Insider AwardsTM Annual Report 2003 NameProtect ® digital brand protection Methodology Pre-Publication Review The NameProtect Trademark Insider® is developed through analysis of public Upon request, NameProtect is happy to offer any attorney, law firm or company trademark filings data compiled by the United States Patent and Trademark the opportunity to review our rankings prior to publication. Interested parties Office (PTO) and maintained in NameProtect's global trademark data center. may submit a request for pre-publication review to the Trademark Insider edi- tors at [email protected]. Data Integrity In order to ensure the integrity and accuracy of the law firm and company rank- Disclaimer ings presented herein, NameProtect employs the following data integrity practices: NameProtect makes every effort to ensure the accuracy of the data provided within this report. However, for various reasons including the potential for 1) Collection. As a trademark services provider, NameProtect collects and incomplete or inaccurate data supplied by the United States Patent and aggregates PTO and other trademark filing data from around the world, which Trademark Office, we cannot warrant that this report or the information con- is maintained in electronic form in the Company's trademark data center. tained herein is error free. NameProtect will not be liable for any reliance upon the 2) Normalization. In order to create this report, data from numerous fields data, analysis, opinions or other information presented within this report. within the PTO data set is normalized and parsed for detailed aggregation and Contact Information analysis. NameProtect’s Trademark Insider is a quarterly publication of: 3) Scrubbing. Misspellings and other data errors are a common and significant NameProtect Inc. problem throughout much of the PTO's data. This is particularly true within 918 Deming Way the highly relevant "Applicant" and "Correspondent" fields, in which the legal Madison,WI 53717 representative for each trademark filing is recorded (for example, it is not 800-689-6223 uncommon to find top law firm and company names spelled in many different www.nameprotect.com variations). In order to ensure an accurate count of law firm and company fil- All rights reserved ings for our rankings, NameProtect employs significant technological and Subscription information is available at: human capital to "clean-up" misspellings, transpositions and other errors in www.trademarkinsider.com these data fields. Comments or questions should be directed to: Rankings Process [email protected] Law firms, attorneys and companies are ranked by the total number of new trademark applications submitted to the PTO during the applicable time Editors period. Each application is counted as one filing, regardless of the type of Mark McGuire application (i.e., single class versus multiple class). Law firms, companies and Data Compilation, Integrity & Analysis individual attorneys are given credit for the trademark filing if they are identi- Darla Marshman fied in the correspondent field of the initial application. Importantly, subse- quent amendments to the correspondent data are not analyzed as part of Technology NameProtect's standard analysis but may be considered on a case by case David Kurzynski basis as part of our pre-publication review process. We feel this bright-line Rob Benada approach, which gives credit to the entity actually filing the trademark applica- Art & Design tion, provides the most accurate measure of trademark application activity. Michael Stanton In the case of company rankings, the applicant field is also evaluated. Project/Print Coordinators Applications submitted by related entities (for example, a parent company and Lisa Wells subsidiary) are credited to the most identifiable corporate entity. Identification Jill Schultz of related corporate entities is completed by cross referencing address infor- mation and performing general industry research. NameProtect believes that combining related corporation entities produces the most realistic and accu- NameProtect ® rate company rankings possible. digital brand protection WWW.NAMEPROTECT.COM Copyright © 2002-2004 NameProtect Inc. All Rights Reserved NAMEPROTECT TRADEMARK INSIDER® NAMEPROTECT TRADEMARK INSIDER® Table of Contents — 2003 Annual Report Overview From the Editor . 2 Law Firm Rankings Top 100 — Q4 2003 . 3 Top 200 — Year End 2003 . 4 Company Rankings Top 100 — Q4 2003 . 6 Top 100 — Year End 2003 . 7 Market Movers . 8 2003 Industry Summary . 9 Madrid Protocol . 10 2003 Trademark Insider Awards . 11 NameProtect’s Trademark Insider® is a quarterly publication of NameProtect Inc. It may not be duplicated, reproduced, in whole or in part, or retransmitted without the express permission of NameProtect Inc., 918 Deming Way, Madison,WI 53717. NameProtect does not warrant the accuracy of any of the information presented herein. Copyright © 2002-2004 NameProtect Inc. All Rights Reserved WWW.NAMEPROTECT.COM 1 NAMEPROTECT TRADEMARK INSIDER® OVERVIEW From the Editor Welcome to the 2003 year-end edition of NameProtect’s Trademark Insider, a quarterly report on the market leaders and key trends at work in the trademark industry today. This year-end issue includes our standard industry coverage and rankings, as well as the announcement of NameProtect’s 2nd annual Trademark Insider Awards, given to the top U.S. trademark law firms and individual attorneys. 2003 TRADEMARK INSIDER AWARDS We are extremely pleased to announce the recipients of the 2003 Trademark Insider Awards, beginning on page 11. Although there are a number of repeat award winners in the 2003 list, there are also several first time award winners for 2003, including eight new law firms in our regional award list. We salute each award recipient for their significant accomplishments in 2003 and look forward to presenting them with their physical awards in the upcoming months. INDUSTRY RANKINGS “In stark contrast to many of the tragic In addition to the Trademark Insider Awards, this edition also includes events unfolding in Iraq and elsewhere NameProtect’s standard law firm and company rankings, beginning on around the globe, these are good times page 3. Mattel held onto the number one company spot in 2003 for the for the trademark industry.” second year running. The rest of the Top 10 company filers remained remarkably stable, with only one new entrant into the top 10 for 2003 (Deutsche Telekom AG at #9). The law firm marketplace leaders also stayed consistent from 2002 to 2003, with only two new entrants into the Top 10 (Greenberg Traurig and Alston & Bird). LET THE GOOD TIMES ROLL In stark contrast to many of the tragic events unfolding in Iraq and elsewhere around the globe, these are good times for the trademark industry. As we predicted early last year, the second half of 2003 saw continued year-over-year gains in trade- mark application volume. The surging U.S. economy is setting the stage for another growth year for trademarks in 2004, which is welcome news for everyone in the trademark industry. For a more detailed look at trademark filings for the last seven years, as well as some initial analysis of the Madrid Protocol’s effect on U.S. filings, please turn to our Industry Summary beginning on page 9. All of us at NameProtect wish you continued success in 2004 and beyond. As always, we welcome feedback and suggestions at: [email protected] Mark McGuire, Esq. Executive Editor, Trademark Insider Founder and President NameProtect Inc. [email protected] 2 WWW.NAMEPROTECT.COM Copyright © 2002-2004 NameProtect Inc. All Rights Reserved NAMEPROTECT TRADEMARK INSIDER® LAW FIRM RANKINGS Top 100 Trademark Law Firms—Q4 2003 The Top 100 Trademark Firm rankings are determined by the number of USPTO applications submitted during the fourth quarter of 2003 in which the firm is listed as the legal representative (correspondent). Each application is counted as one filing regardless of the application type. TOP 100 TRADEMARK LAW FIRMS—Q4 2003 Q4 #TMs 2002 Q4 #TMs 2002 Rank Law Firm Q4-03 Rank Rank Law Firm Q4-03 Rank 1 Greenberg Traurig 292 19 52 Allmark Trademark Service 96 96 2 Fross Zelnick Lehrman & Zissu 202 1 54 Owen Wickersham & Erickson 95 65 3 Akin Gump Strauss Hauer & Feld 200 7 54 Duane Morris 95 39 4 Abelman Frayne & Schwab 195 2 56 Winthrop & Weinstine 93 N/A 5 Blakely Sokoloff Taylor & Zafman 190 6 57 Seyfarth Shaw 92 160 6 Knobbe Martens Olson & Bear 182 5 57 Hovey Williams 92 71 7 Finnegan Henderson Farabow Garrett & Dunner 180 16 57 Harness Dickey & Pierce 92 66 8 Sughrue Mion 174 4 57 Edell Shapiro & Finnan 92 N/A 9 Merchant & Gould 173 3 61 Wood Herron & Evans 90 48 10 Venable 171 14 61 Womble Carlyle Sandridge & Rice 90 83 11 Holland & Knight 166 10 61 Richard L. Morris, Jr., Esq. 90 25 12 Fulbright & Jaworski 160 18 61 Nixon Peabody 90 102 13 Quirk & Tratos 158 144 65 Paul Hastings Janofsky & Walker 89 56 14 Fish & Richardson 152 31 65 Jenkens & Gilchrist 89 38 15 Cowan Liebowitz & Latman 150 47 65 Heller Ehrman White & McAuliffe 89 99 15 Barnes & Thornburg 150 33 68 Burns Doane Swecker & Mathis 88 55 15 Arent Fox Kintner Plotkin & Kahn 150 13 69 McCarter & English 86 140 18 Mayer Brown Rowe & Maw 148 N/A 69 Gray Cary Ware & Freidenrich 86 36 19 Alston & Bird 144 23 69 Fitzpatrick Cella Harper & Scinto