Research Guides: Intellectual Property: Trademark Law

Intellectual Property Resources

Practical Guidance: Intellectual Property & Technology
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Provides a one-stop access point for a variety of information on copyright, trademark, and patent law resources. Content includes relevant forms, checklists, and commentary from a variety of respected IP practitioners, including relevant Law 360 articles. Available on Lexis. Username and password required.
Practical Law
Practical Law provides access to the Practical Law Company's online content of patent law resources, including downloadable forms, checklists, and expert commentary and analysis. Practical Law Company is now accessible through Westlaw. Username and password required.
Westlaw Intellectual Property
The Westlaw Intellectual Property page organizes Westlaw's vast array of patent, copyright, trademark, and trade secret materials on one page. Information includes forms, sample clauses, trial briefs, and international materials. Username and password required.

Trademark Electronic Search System (TESS)

Trademark Electronic Search System (TESS)
TESS allows you to search the USPTO's database of registered trademarks and prior pending applications to find marks that may prevent registration due to a likelihood of confusion refusal.
USPTO Design Search Code Manual
Use to look up relevant design codes.

Federal trademark protection in the United States is defined in the Lanham Act (15 U.S.C. §§ 1051–1127), which governs protection, registration, maintenance, and remedies for trademark owners. The Trademark Office of the United States Patent and Trademark Office (USPTO) handles the application and registration of trademarks.

Trademark Law Treatises

Gilson on Trademarks
This treatise includes information on trademark licensing, trademarks on the internet, the community trademark, and international issues, including the Madrid agreement / protocol. Available on Lexis. Username and password required.
Milgrim on Licensing
The publication covers licensing in all substantive areas of intellectual property, and provides practical guidance on drafting individuals clauses and complete agreements. Coverage includes:* Licensing characteristics of patents, trade secrets, trademarks and copyrights * Licensing of multiple intellectual property * Antitrust considerations * Effects of NAFTA on licensing * Drafting and sample contract clauses. Available on Lexis. Username and password required.
Trademark and Unfair Competition Deskbook
Provides case analysis and commentary cover evolving legal and business issues including: * Federal dilution law* Anti-cyber squatting statutes* Intent to use registration system* State sovereign immunity* Protection of trade dress* Internet domain name conflicts* Deceptive advertising in the commercial use of the internet and efforts by the FTC and FDA to combat such schemes* Counterfeit goods and 2006 anti-counterfeiting amendment* The First Amendment vs. the protection of trade identity* Recent Supreme Court decisions, including KP Permanent Make-Up, Grokster, and Dastar. Available on Lexis. Username and password required.
McCarthy on Trademarks & Unfair Competition
McCarthy on Trademarks and Unfair Competition is a treatise which explains trademark law with clear, concise analyses of cases and statutes, providing advice on registering and protecting trademarks. Available on Westlaw. Username and password required.
Callmann on Unfair Competition, Trademarks & Monopolies
Callmann on Unfair Competition, Trademarks and Monopolies provides a thorough analysis of unfair competition and trademark law. Available on Westlaw. Username and password required.
Federal Unfair Competition: Lanham Act 43(a)
Federal Unfair Competition is a two-volume work tracing how Section 43(a) of the Lanham Act has played a pivotal role in the resolution of trademark and unfair competition claims in the federal courts. This database provides analysis of the legislative history and commentary on the most important and most recent court decisions. Available on Westlaw. Username and password required.