Trade marking ‘COVID’ and ‘Coronavirus’ in the USA: an empirical review

Abstract

Famous and sensational event often leads to several entities filing trade mark applications that include terms related to these events. The most recent example of this phenomenon is the COVID-19 pandemic, which has led to large numbers of (largely controversial) filings worldwide.1 In this article, I review the applications including the terms ‘COVID’ and ‘Coronavirus’ filed with the United States Patent and Trademark Office (USPTO) in 2020.2 These data offer significant information related to the type of products for which the applications were filed, the type of filing entities, the legal basis for filings, and the timing of these filings throughout the months of 2020. In particular, the COVID-19 pandemic led not only to a large number of filings for medical and pandemic related products, but also for unrelated and promotional products. Individuals and small businesses were the largest groups of filers, and over two-thirds of the applications were based on intent-to-use rather than use in commerce. Lastly, the number of filings closely mirrored the development of the pandemic during the various months of 2020.