Recent Developments in Trademark Law 2026

Why Attend?

• Learn about the latest and most important developments in trademark law.
• For trademark novices, the discussion of each new development will include background on how that area of trademark law works.
• For experienced trademark practitioners, essential facets of the latest developments will be discussed along with accompanying best practices for handling them.

Trademark law evolves rapidly. Providing an update on the most important developments in trademark law occurring over the past year, this year’s program will cover updates on the USPTO, review recent developments in trademark litigation, and examine contributory trademark infringement liability.

For trademark-law novices, within each development, the program will provide background concerning that area of trademark law. For experienced trademark law practitioners, each development will examine the important details of the development and best practices and practice pointers for handling it.

Join us for this essential annual program taught by John Farmer, an intellectual property attorney with more than 30 years of experience in trademark law. Mr. Farmer has taught a yearly update on recent developments in trademark law for Virginia CLE^® for more than 20 years.

Topics will include:

• USPTO developments, such as processing speed and new AI tools for practitioners
• Are two different goods/services related?—fighting trademark examining attorney likelihood-of-confusion rejections, and when you can’t win.
• Are two goods/services in the same channel of trade just because they are both advertised on social media?
• When is a mark generic, and what is the burden of proof?
• Is the conceptual strength of a mark a jury or judge issue, and what are the implications for potential summary judgment in infringement cases?
• Can an admission against interest by the owner of a blocking registration defeat an examining attorney’s rejection of an application?
• When will the registration of another mark in a foreign language block your registration application?
• Are parody products now effectively exempt from liability for dilution by tarnishment?
• When does patent or copyright law preempt a Lanham Act claim?
• Contributory trademark infringement liability—new limits on third-party liability for the infringement of others?

Registration Deadlines:

Cancellation Policy: Cancellation/transfer requests will be honored until 5:00 p.m. the day preceding the seminar. You will, however, be charged $40 if you cancel or transfer your registration to a different seminar after the link to the materials has been e-mailed by Virginia CLE^®.

Full refunds or transfers are available up to two days after a webcast in the unlikely event that you experience technical difficulties.

Dietary Restrictions: If you have dietary restrictions and are attending the seminar in person, please email dwoodland@vacle.org.

MCLE Credit Caveat: The MCLE Board measures credits by the time you spend in attendance. If you enter a seminar late or leave it early, or both, you must reflect those adjustments accurately in the credits you report on your credit reporting form. A code will be given at the end of the seminar, which must be written on your MCLE form.

Private recording of this program is prohibited.

Can’t Attend?

E-mail distance_ed@vacle.org to be notified when/if this program is made available as an online or USB seminar.
E-mail publications@vacle.org to be notified when/if this program’s seminar materials are made available for sale.

Course Schedule

• Q&A will be handled via chat room for Webcast attendees.
• Q&A will be handled via e-mail for telephone seminar attendees.

About the Speaker

John B. Farmer, Leading-Edge Law Group, PLC / Richmond

John B. Farmer is a member of the Leading-Edge Law Group, PLC, an intellectual property (“IP”) boutique law firm in Richmond, Virginia. He served as chairman of the Trademark Public Advisory Committee of the United States Patent and Trademark Office. He writes a monthly IP and technology law column for the Richmond Times-Dispatch. 

Mr. Farmer is listed in the top rank of Virginia IP attorneys by Chambers USA and listed for IP in Best Lawyers in America.  He is a past chair of the IP Section of the Virginia State Bar. He is a past president of the Greater Richmond Intellectual Property Law Association. 

Mr. Farmer graduated from the University of Virginia and its law school. After graduation from law school, he clerked for the Honorable Donald S. Russell, Judge of the U.S. Fourth Circuit Court of Appeals, and for the Honorable James C. Cacheris, Judge of the U.S. District Court for the Eastern District of Virginia, Richmond Division.