Cynthia Walden is a principal in the Boston office of Fish & Richardson P.C. and the leader of the firm’s trademark and copyright practice group. Ms. Walden is well-known for providing insightful and business minded advice to clients on all aspects of brand protection and enforcement in the U.S. and countries around the world. Over the past 23 years, Ms. Walden has cultivated expertise in the array of issues that arise in connection with developing, using, registering, licensing, and enforcing trademarks.
She has been named an “IP Star” and one of the “Top 250 Women in Law” by Managing Intellectual Property and ranked in the top tier of trademark attorneys at the state and national level by World Trademark Review‘s WTR 1000. The 2018 edition of WTR 1000 praises Ms. Walden for being an attorney who is “extremely alert, thinks creatively, and proactively solves issues that may arise.” She was also recognized by The Legal Media Group‘s “Guide to the World’s Leading Trademark Law Practitioners” and was named one of the “Top Women of Law” by Massachusetts Lawyers Weekly in 2012.
Ms. Walden’s practice includes working with clients on all aspects of trademark law, including building and developing strategic global portfolio and brand management plans. With significant experience evaluating and managing her clients’ global trademark portfolios, Ms. Walden also regularly counsels clients on how to maximize the value of their trademarks through efficient and strategic protection and enforcement in the United States and in countries worldwide. Her expertise extends into opposition and cancellation matters before the Trademark Trial and Appeal Board (TTAB) and litigating trademark and false advertising matters in federal courts.
In addition to her significant experience on trademark issues, Ms. Walden advises clients on branding, advertising, corporate due diligence, and trademark licensing matters. She also works with clients on internet trademark issues, including domain name matters, the use or misuse of trademarks in social media, and the host of related copyright, right of publicity, unfair competition and fair use issues that are often intertwined. Clients also turn to Ms. Walden for counsel on the protection and enforcement of copyrights.
Ms. Walden forms strong relationships with her clients, and often collaborates with in-house legal departments to assist in developing global trademark protection and enforcement plans, developing trademark use guidelines, and providing training on best practices on the use and enforcement of trademarks globally to internal legal, marketing, and business departments.
As an active member of the International Trademark Association (INTA), Ms. Walden currently serves on the Saul Lefkowitz Moot Court Competition Committee and has helped draft the problem for the competition for the past several years.
Ms. Walden also works with a variety of pro bono clients on their trademark, domain name, copyright, and licensing issues.
Publications and Presentations
Author, “Trademark, Copyright Legislation Passed as Part of COVID-19 Relief Bill,” Fish Trademark & Copyright Thoughts Blog (January 19, 2020).
Co-Speaker, “Trademark & Copyright: 2020 Year in Review,” Fish Trademark & Copyright Webinar (January 7, 2021).
Co-Speaker, “Defeating Trademark Counterfeiting in the COVID-19 Era,” Fish Trademark & Copyright Webinar (December 10, 2020).
Author, “Essential Steps Every Brand Owner Should Take to Combat Counterfeiting,” Fish Trademark & Copyright Thoughts Blog (April 8, 2020).
Speaker, “2019 INTA Annual Meeting Opening Ceremony,” 2019 INTA Annual Meeting (May 18, 2019).
Moderator, “The Good, The Bad, and The Ugly of Cease and Desist Efforts,” 3rd Annual World Trademark Review Managing Trademark Assets USA (March 6, 2019).
Presenter, “2018 Trademark & Copyright Year in Review Webinar,” Fish webinar (January 23, 2019).
Author, “Is This “The End” for Unicorn Beverages? Starbucks Sued Over Unicorn Frappuccino,” Fish Trademark & Copyright Thoughts Blog (May 8, 2017).
Co-Author, “USPTO audits go mainstream: prepare for the unexpected,” World Trademark Review (May 2, 2017).
Author, “Managing Your Foreign Trademarks” The Metropolitan Corporate Counsel (June 2016).
Author, “USPTO Seeking Comment on Proposed Rulemaking for Trademark Registration Maintenance” Fish Trademark & Copyright Thoughts Blog (June 23, 2016).
Co-Author “Walking the Line Between Innovation and Regulation” – BAA Law 2015 Conference, Fish Trademark & Copyright Thoughts Blog (November 13, 2015).
Author, “Strategic brand management in a global marketplace,” Intellectual Asset Management Magazine (IAM), The IP Media Group (April 2013).
Moderator, “Global Trademark Enforcement,” Corporate Counsel’s IP Trademark, Copyright & Licensing Counsel Forum, New York (October 2012).
Moderator, International Trademark Association Annual Meeting Table Topic, “Cost-Efficient and Effective Strategies for Global Trademark Protection and Enforcement” (May 2012).
Speaker, “What’s Hot in Pharmaceutical Trademarks,” Fish & Richardson Life Sciences Intellectual Property Summit, Princeton, NJ (April 2012).
Speaker, “Trademark Enforcement in a Global Economy,” Corporate Counsel’s IP Trademark, Copyright & Licensing Forum, New York (September 2011).
Moderator, International Trademark Association Annual Meeting Table Topic, “Coming to the US via Madrid: Avoiding Pre- and Post-Filing Pitfalls” (May 2011).
Speaker, “Responding to Cutting Edge Trademark Concerns Arising from New Advertising Media,” American Conference Institute’s Advanced IP Forum for Advertising Counsel (April 27, 2011).
Moderator, International Trademark Association Roundtable, “Handling Complex Prosecution Issues,” Boston (April 2011).
Speaker, “IP, the New Commodity: Monetizing Your Copyrights and Trademarks,” Corporate Counsel’s IP Trademark, Copyright & Licensing Forum, New York (September 2010).
Speaker, “Counterfeiting and the Grey Market,” Fish & Richardson Web Seminar (June 23, 2010).
Speaker, “Domain Names – How to Protect Your .assets,” 132nd INTA Annual Meeting (May 2010).
Speaker, “Trademark Searching – How to handle in the 21st Century,” IP Law & Business IP Trademark and Copyright Counsel Forum (November 2009).
“Has Time Run out on Auction Sites?” Trademark World, with Philipp Plog of Field Fisher Waterhouse (DE) and Simon Chapman of Field Fisher Waterhouse (UK) (July 2008).
Moderator, International Trademark Association Annual Meeting Table Topic, “Fraud at the PTO: A Barrier to the U.S. Market?” (May 2008).
“Trademark & Copyright: A New Era,” GC New England, Roundtable Series (2007).
“Evidence in Alicante – Part II: Oppositions and Cancellations,” INTA Trademark Forum in Berlin, Moderator, Germany (December 2005).
“Trademark Year In Review,” Boston Bar Association (January 2005).
“Protection of Trademarks, Service Marks, Trade Names and Trade Dress,” New England Corporate Counsel Association (NECCA) Seminar (December 2001).
Named to “The Best Lawyers in America” list by The Best Lawyers in America© (2019-2021).
Named to “World Trademark Review Global Leaders: Private practice” in Massachusetts (2019).
Recognized as an “IP Star” (2013-2020) and one of the “Top 250 Women in IP” (October 2013) by Managing Intellectual Property
World Trademark Review 1000, Massachusetts (Gold Band, Prosecution and Strategy, 2011-2019; Gold Band, Enforcement and Litigation, 2011-2017; Silver Band, Enforcement and Litigation, 2018); United States (Silver Band, Prosecution and Strategy; Enforcement and Litigation, 2011-2019)
Listed in The Legal Media Group “Guide to the World’s Leading Trade Mark Law Practitioners” (2008-2012, 2016, 2018).
Recognized in Who’s Who Legal Trademarks: Lawyers (2016).
Selected for the Diversity Journal’s 2016 Women Worth Watching List (June 2016).
Named a 2012 Top Women of Law honoree by Massachusetts Lawyers Weekly.
- Advertising and Marketing
- Domain Names and Internet
- Trademark Counseling and Prosecution
- TTAB Oppositions and Cancellations
- Digital Millennium Copyright Act
- Transactions and Agreements
J.D., Duke University School of Law (1995)
A.B. cum laude, Art History, Dartmouth College (1990)
- New York 1996
- Massachusetts 1998
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the First Circuit
- U.S. District Court for the District of Massachusetts
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Southern District of New York
American Bar Association (1995-present)
American Intellectual Property Law Association (1998-present)
International Trademark Association (1995-present); Vice Chair, Saul Lefkowitz Moot Court Competition Committee (2017); Member, Saul Lefkowitz Moot Court Competition Committee (1998-present); Saul Lefkowitz Moot Court Competition Brief Judge (1998-present); Member, Free Trade Agreement Committee (2010-2012); Member, Meetings Committee (2005-2007); Member, Federal Trademark Dilution Act Committee (1996-1998)
Boston Patent Law Association (1999-present); Co-Chair Trademarks and Unfair Competition Committee (2002-2006), planned and conducted annual seminars on trademark prosecution and enforcement issues
Women's Bar Association of Massachusetts (2007-present); Pharmaceutical Trade Mark Group (2007-present); Women in Law Empowerment Forum (WILEF) Advisory Board Member (2014-present)
Vice Chair, City Year Boston Legal Community Breakfast (2016)
January 19, 2021
Trademark, Copyright Legislation Passed as Part of COVID-19 Relief Bill
Authors: Kristen McCallion, Cynthia Johnson Walden
December 8, 2020
Cynthia Walden Quoted in Managing IP Article, "USPTO fees hike worries counsel but should cut bad behaviour"
January 7th, 2021 | 1:30 pm EST
Webinar | Trademark & Copyright: 2020 Year in Review
December 4, 2020
Cynthia Walden Quoted in Bloomberg Law Article, "Jack Daniel’s Seeks to Take Dog Toys Battle to Supreme Court"
December 10th, 2020 | 1:30 pm EST
Webinar | Defeating Trademark Counterfeiting in the COVID-19 Era
September 16, 2020
Cynthia Walden Named to 2020 WTR Global Leaders List
August 4, 2020
32 Fish & Richardson Attorneys Named 2020 “IP Stars” by Managing Intellectual Property Magazine
June 18, 2020
Cynthia Walden Quoted in Bloomberg Law Article, "Trademark Cases Drop as Pandemic Fuels Uncertainties"
May 18, 2020
Cynthia Walden Quoted in Law360 Article, "In Lucky Trademark Ruling, Justices Avoid Preclusion Mess"
April 8, 2020
Essential Steps Every Brand Owner Should Take to Combat Counterfeiting
Author: Cynthia Johnson Walden
March 3, 2020
Fish & Richardson Named Top Trademark Law Firm for 10th Straight Year by World Trademark Review
March 3rd, 2020 | 8:00 am CDT
World Trademark Review: Managing Trademark Assets (MTA) USA 2020