Interview with Chris McLeod on TMOTW, IP and humour

Chris McLeod is a Chartered trade mark attorney and was an authorised representative at the EUIPO, with over 30 years’ experience in the field of trade marks, designs and copyright. In 2018, WTR 1000 praised him as he was “so much fun to work with, because of his dry wit and brilliant sense of humour”.

Jean-Claude: Me and others here on LinkedIn are eagerly awaiting each Friday, not because we think TGIF ("Thank God, it's Friday"), but because it's time for your "Trademark of the Week" (TMOTW) posts". Hence, I did not want to start with a question that could be self-fulfilling... But finally, I could not resist the urge to ask you: When will you stop doing your "Trademark of the Week" posts"?

Chris: I won’t take that as a plea, but it is a good question. I think it may come to a natural end, but the volume of potential candidates currently shows no sign of drying up, and there are usually several also-rans each week. Maybe there is scope for a N(OT)TMOTW.

Jean-Claude: Let's switch from depressing topics as endings to beginnings. When did you start TMOTW and what made you come up with this nonsense? Do you at least manage to bill some clueless client for this work?

Chris: I started about 3 or 4 years ago. I tend to skim the UK TM Journal to get a flavour of what is being filed, accepted etc., and at first it was noticing clearly bad faith applications, such as in relation to SUPREME clothing, but not by the true owner. Then I dug deeper and saw a rich seam of (vaguely) amusing material. I wish someone was paying for it, but I am always on the lookout for a sponsor, if you know anyone.

Jean-Claude: I'm afraid I must politely decline your pitch... I have put your meta-joke TMOTW application as cover image to this interview, not one of your best I have to admit... But back to you: In those 3 to 4 years, what are your top 3 favourite TMOTW?

Chris: There have been so many that it is hard to pick, but how about these?

Jean-Claude: For you and the TMOTW community, it is about the difficult intersection of IP and humour. What are your thoughts as one of the LinkedIn IP humour experts?

Chris: I think that many trade marks have combined ingenuity and humour over the years because ingenuity and humour tend to bring distinctiveness with them. It’s just a case of doing the legwork each week to pick the best one.

Jean-Claude: While the TMOTW community would never question the sanity of your choices, one could ask oneself why the applicants of some of those nominated have chosen to apply for such a trademark? Do you have any ideas about their motives and whether such choices are justified?

Chris: I think that much of the best material comes from unrepresented applicants, possibly because we attorneys would have advised against applying to register such marks, but possibly also because there is a lot of creativity out there and this is an outlet for that.

Jean-Claude: What is your outlook on TMOTW, do you know of any copycats, and have you already chosen your heir?"

Chris: I think that I will keep it going until I or the audience get fed up (not going to happen!). It doesn’t take too long each week and it’s a good light-hearted way to end the week. I have come across a few copycats, but I am not precious about it (despite filing a UK application, which should soon be registered), so if people are doing it in other jurisdictions, that is fine, but in the UK, I think I can claim some acquired distinctiveness, and have gently asked others to back off.

 As to an heir, I suppose that it would be natural for someone at my firm to take it on. It’s one for the future, I think. 

Jean-Claude: Chris, thank you very much for this enlightening interview!