The Trademark Reporter Submission Guidelines (7.7.17)

The Trademark Reporter Submission Guidelines (7.7.17) The Trademark Reporter (TMR) invites all submissions that relate to trademark law, including articles, commentaries, and book reviews. The TMR cannot guarantee publication. As a matter of policy, the TMR does not provide the reasons for its publication decisions. ARTICLES Article Topics The TMR seeks all articles that relate to trademark law and those that have been suggested by the TMR Committee. See Proposed Article Topics. Article Length Article length is flexible, depending on what is necessary to cover the subject adequately. Most articles are between approximately 10,000 and 20,000 words. Article Abstract An abstract of the article of no more than three paragraphs should also be submitted no later than the proof stage. This proposed abstract will be edited and will appear on the article landing page. Ideally, the abstract should be no more than 100 to 150 words. For examples of abstracts, see a TMR article landing page. COMMENTARIES A commentary is an opinion piece with a clear viewpoint. A commentary may be provocative or amusing, may offer practical advice, or may be a poetic musing on some aspect of trademark law, theory, or practice. Such a piece may be more freewheeling than a typical scholarly law journal article. It need not, and generally will not, be written in an objective style. Most commentaries are between approximately 2,000 and 5,000 words. BOOK REVIEWS Books for review by the TMR are routed through Willard Knox, Staff Editor-in-Chief of the TMR. Those wishing to recommend a book for review in the TMR and/or those who would like to write a book review

should contact Willard at wknox@inta.org. An author may suggest his or her own book for review. In this case, if the Staff Editor-in-Chief agrees that the book should be reviewed, he will ask for a volunteer on the TMR Committee (other than the book s author) to review the book. SUBMISSIONS VIA EMAIL Articles, commentaries, and book reviews must be submitted via email to Willard Knox, Staff Editor-in- Chief of the TMR, at wknox@inta.org. All submissions to the TMR, whether articles, commentaries, or book reviews, must be in Microsoft Word. SUBMISSIONS IN LANGUAGES OTHER THAN ENGLISH The TMR welcomes submissions in languages other than English. Submissions selected for publication appear in the TMR in both the author s native language and in English translation. Authors may submit their own English translations of their works for consideration; otherwise, the TMR will provide a translation. The TMR reserves the right to select the translation to be published. To date, the TMR has published submissions in Chinese, French, Portuguese, and Spanish. REPRINTS The TMR prefers to publish original content that has not been published elsewhere, but will consider reprints. The TMR reserves the right, however, to submit previously published works to the same peer review process as original submissions, or to otherwise edit and/or recommend changes to such works to make them suitable for publication. CITATIONS Although submissions selected for publication are edited by TMR Committee members and/or INTA staff, authors are solely responsible for ensuring the accuracy of their citations. STYLE General Matters of Style In preparing text and footnotes, authors should generally follow The Bluebook: A Uniform System of Citation, twentieth edition (Bluebook), except as noted below under Citation Style Specific to the TMR. Failure to properly cite authorities may delay or prevent publication. For those matters of style (punctuation, capitalization, etc.) not covered by the Bluebook, consult The Chicago Manual of Style, sixteenth edition. (For example, both Chicago and TMR recommend use of the serial comma the comma before the conjunction in a list of items, as per rule 6.18 of Chicago.) Per Bluebook, case names in full citations should not be italicized. 2

Also per Bluebook, case names should be italicized in the following instances: in textual sentences, unless the case name appears in a sentence in an italicized title (e.g., The author made this point in her commentary The Switch Thrown Wrong How Railrunner Sent Intent-to-Use Down the Wrong Tracks. ); in a footnote when referred to in a complete sentence ( The judge held that the plaintiff in Winners v. Losers, 121 F.3d 555, 55 U.S.P.Q.2d 1030 (1999), did not act in bad faith. ); or in a short citation ( Winners, 121 F.3d at 558 ). The following should also be italicized: explanatory phrases ( In re Winners, 111 F.3d 234 (1997) ), supra and infra, foreign words that have not been assimilated into the English language, quoted words that were italicized in the originally quoted text, emphasized words, and titles of publications when referred to in textual sentences. Authors should refrain from citation to their own work, except where other authorities do not exist or do not adequately support the author s argument. Citation Style Specific to the TMR Never use small caps (i.e., Bluebook small and large caps). Where Bluebook indicates use of small and large caps (e.g., in reference to a book title), TMR uses regular Roman type [Francis A. Carey, Organic Chemistry 310 (Kent Peterson ed., 6th ed. 2006)]. Article and commentary information (such as reprint information, copyright information, acknowledgements, etc.) and all author information (title, organization, affiliations, etc.) should NOT be placed in the article or commentary Word file. Instead, place all such information in a separate Word file. INTA staff will add the article and author information to asterisked footnotes in the article or commentary as appropriate. NEVER put article information or author information in a numbered footnote. Please, however, add a byline after the title of your article or commentary (e.g., By Willard Knox). TMR does not usually include publisher name in citations. As per Bluebook, supra and infra should not be used to refer to cases. In other words, do not use supra or infra and a footnote number to refer to a case that appears in an earlier or later footnote. Instead, repeat the citation of the case in full or use the proper short citation of the case, along with the pincite (the exact page number of the material referenced). Citation to McCarthy on Trademarks and Unfair Competition is as follows: Example of first instance: J. Thomas McCarthy, McCarthy on Trademarks and Unfair Competition, 29:27, at 29-96 (4th ed. 2010). [Author], [Title] [sec. no.], at [page no(s).] ([edition number] ed. [publication date]). Example of second instance: McCarthy, supra note 4, 19:25, at 19-61, 62. 3

It is acceptable to use supra to refer back to the first mention of McCarthy even if the subsequent mention is a reference to a different volume of McCarthy. In any case, this is now irrelevant, as TMR no longer cites volume numbers for the McCarthy treatise. In 2015, J. Thomas McCarthy requested that the TMR not use volume numbers in cites to his treatise. As per J.T. McCarthy: The Blue Book style is based on an antiquated style of a multi-volume treatise of hard-bound volumes. But many treatises now (like mine) are loose-leaf, and now and then over the years, chapters are moved from one volume to another in order to even out the size of pages in a volume. So a cite to a section now in volume 3 might two years later be moved to volume 4, defeating the whole purpose of the Blue Book style. Parallel citations (such as U.S.P.Q. citations) are NOT REQUIRED. If they are used, however, any point pages (pincites) should be listed in each citation: Winners v. Losers, 121 F.3d 555, 561, 55 U.S.P.Q.2d 1030, 1036 (1999). For internal references to footnotes, spell out note (e.g., note 5). Citations to cases in jurisdictions outside the United States should be consistent within a submitted piece. For a list of citation conventions by country, consult the Bluebook, at table T.2. See also INTA s International Citation Styles guide, provided on request. For basic case citations from the European Union and its Member States, see the TMR EU Citation Guide, provided on request. For more detailed information on Bluebook style and citation style specific to the TMR, see the TMR Guide to Bluebook Rules, provided on request. Section Levels All articles should contain an introduction as the opening section and should be enumerated with a centered, boldface, and all capital-letter heading as follows: I. INTRODUCTION Sections should be demarcated as follows: I. MAIN HEADING (ALL CAPS) A. Subsection Level 1 (italic) 1. Subsection Level 2 4

a. Subsection Level 3 (italic) (1) Subsection Level 4 Proper Reference to Trademarks Except when uppercase or lowercase letters are part of the design, generally distinguish trademarks by referring to them in ALL CAPS. The Kellogg Company launched a new KELLOGG S cereal. But see ToroHead, Inc. applied to register the trademark ToroMR. Trademarks should be followed by a descriptive noun. a HERSHEY S KISSES candy [not a HERSHEY S KISS] two GILLETTE razors [not two GILLETTES] Trademarks should not be used as verbs: Please XEROX the report. [incorrect] Please use the XEROX copier to make six copies. [correct] Trademarks should not be used in the possessive form unless the trademark itself is possessive. FEBREZE s fresh scent [incorrect] the FEBREZE spray s fresh scent [correct] Chicago Manual of Style, Rule 8.152 states: Although the symbols and (for registered and unregistered trademarks, respectively) often accompany trademark names on product packaging and in promotional material, there is no legal requirement to use these symbols, and they should be omitted whenever possible. (If one of these symbols must be used at the end of a product name, it should appear before any period, comma, or other mark of punctuation.) OVERVIEW OF EDITORIAL REVIEW OF SUBMISSIONS The TMR cannot guarantee the timing of the review and editorial process. See the Welcome Packet for a detailed description of the editorial review process. Pre-Review. Submissions considered for publication may be sent to one or more of our Senior Editors for a pre-review to assess topic choice and quality of coverage. The author will be notified if the article is accepted for the next stage of review (below). If further research or writing is recommended for a resubmission, the author will be notified at this time. 5

Review and Comment. Articles are sent to three members of our Editorial Board for peer review. Commentaries are generally sent to one to three members of our Editorial Board. Book reviews are generally sent to one member of our editorial board or a Senior Editor for review and comment. The author s name is removed from the submission to ensure an objective review. Written Feedback to Author. The reviewers comments are sent to the Senior Editor, who synthesizes their comments and sends detailed feedback to the author in a summary letter accompanied by suggested revisions and edits made directly to the submitted piece. Review and Editorial Process Time. The review process generally requires a minimum of 90 days; the timing can vary based upon the length and complexity of the submission. We ask that contributors whose submissions are selected for publication make a commitment to the TMR and not publish those submissions elsewhere. Our reviewers are practitioners and other trademark professionals who contribute their time on a voluntary basis. The TMR counts on their expertise to ensure the quality of submissions published, and we ask that contributors respect the time commitment they make. If you decide to withdraw your submission from consideration, please notify us immediately. Written Feedback to Author. The reviewers comments are sent to the Senior Editor, who synthesizes their comments and sends detailed feedback to the author in a summary letter accompanied by suggested revisions and edits made directly to the submitted piece. PUBLICATION The TMR cannot guarantee publication or timing of publication. Regarding those submissions that are selected for publication, the TMR retains sole discretion in determining in which issue a piece will be published. The TMR cannot agree to pre-publication posting on the Internet (or elsewhere) or publication of drafts of submissions, or to advance notice of publication (such as statements that submissions are forthcoming in the TMR). QUERIES Contact us with any questions about your submission, but please recognize that we prefer to address your concerns after your submission has been received and pre-reviewed (as is detailed above in the OVERVIEW OF EDITORIAL REVIEW OF SUBMISSIONS section). After the completion of the prereview, we shall notify you of whether your submission will advance to the next level of editorial review. SUBMISSION DEADLINES FOR POTENTIAL PUBLICATION The deadlines below are set to ensure sufficient time for editorial review. Submission by deadline does not guarantee that the review process of the article or commentary will be completed in time for consideration for publication in a particular issue. Submission of a piece on or before these deadlines does not alter the policy that the TMR cannot guarantee publication or timing of publication. 6

2017 November December 2017 Issue (Vol. 107, No. 6): August 18, 2017, submission deadline. Theme issue on fashion and luxury. 2018 January February 2018 Issue (Vol. 108, No. 1): United States Annual Review closed to original submissions. March April 2018 Issue (Vol. 108, No. 2): Annual Review of EU Trademark Law closed to original submissions. May June 2018 Issue (Vol. 108, No. 3): February 16, 2018, submission deadline. July August 2018 Issue (Vol. 108, No. 4): April 13, 2018, submission deadline. September October 2018 Issue (Vol. 108, No. 5): June 15, 2018, submission deadline. November December 2018 Issue (Vol. 108, No. 6): August 17, 2018, submission deadline. For authors who are interested in publishing an article or a commentary covering a specific issue and who require some deadline flexibility because of the topic s timeliness, please contact Willard Knox, Staff Editor-in-Chief of the TMR, at wknox@inta.org. 7