United States trademark law is mainly governed by the Lanham Act. “Common law” trademark rights are acquired automatically when a business uses a name or logo in commerce, and are enforceable in state courts. Marks registered with the U.S. Patent and Trademark Office are given a higher degree of protection in federal courts than unregistered marks—both registered and unregistered ...
An Introduction to Trademark Law in the United States Trademarks are a form of intellectual property that serve to identify the sources of goods. Trademarks have attracted renewed attention since the U.S. Supreme Court decided two cases regarding the main federal trademark law, the Lanham Act, 15 U.S.C. §§ 1051 et seq., in June 2023 and agreed to hear a third such case in its 2023–2024 ...
The Lanham Act defines federal trademark protection and trademark registration rules. The Lanham Act grants the United States Patent and Trademark Office ("USPTO") administrative authority over trademark registration. State law continues to add its own protection, complementing (and complicating) the federal trademark system.
§ 133.0 Scope. This part provides for the recordation of trademarks, trade names, and copyrights with the U.S. Customs and Border Protection for the purpose of prohibiting the importation of certain articles. It also sets forth the procedures for the disposition, including release to the importer in appropriate circumstances, of articles bearing prohibited marks or names, piratical articles ...
§ 2.192 Business to be conducted with decorum and courtesy. § 2.193 Trademark correspondence and signature requirements. § 2.194 Identification of trademark application or registration. § 2.195 Filing date of trademark correspondence. § 2.196 Times for taking action: Expiration on Saturday, Sunday or Federal holiday.
The Trade-Mark Act of 1905 superseded the Trade-Mark Act of Mar. 3, 1881, ch. 138, 21 Stat. 502, entitled “An Act to authorize the registration of trade-marks and protect the same,” and also act Aug. 5, 1882, ch. 393, 22 Stat. 298, entitled “An Act relating to the registration of trade marks”. Former section 109 of this title repealed all inconsistent acts and parts of acts, except so ...
This Intellectual Property Supplement from eLangdell Press contains the text of federal laws and regulations in the area of copyright, trademarks and patents. The editors have endeavored to gather all relevant laws, rules and regulations. This collection is intended to be used primarily as a statutory supplement for law students and legal scholars in academic settings, although practitioners ...
Federal Regulations Regulations on trademark law are promulgated by United States Patent and Trademark Office (which also administers the trademark system) and codified in Title 37, Chapter 1 of the Code of Federal Regulations. For more on administrative legal research, generally, refer to our Administrative Law Research Guide or Administrative Law Tutorial. The U.S. Primary Sources research ...
Disclaimer: These documents were prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has been provided by CRS ...
Prior trademark statutes may be found in Title 15, Chapter 3, of the U.S. Code and in the Statutes at Large. The present Act forms Chapter 22 of Title 15 of the U.S. Code and the U.S. Code citations have been placed at the beginning of each section and subsection.
Intellectual property (IP) is all around you, protecting creations of the mind. IP includes copyrightable creative works as soon as an author fixes their work in a tangible form of expression. IP also includes inventions protected by patents, brands protected by trademarks, and commercially valuable information protected under trade secret law.
The United States has protected trademarks under state common law since colonial times, and individual states continue to offer their own trademark protections, complementing the federal trademark system. While federal registration is considered superior to state registration, state trademark laws allow for the registration of trademarks with the state's secretary of state or attorney general ...
Find out how to register and maintain a trademark in the U.S., apply for an international trademark, and about protecting your registered trademark.
The Lanham Act, the core federal trademark statute, defines a trade-mark by its primary function: identifying a product’s source and dis-tinguishing that source from others. In serving that function, trade-marks help consumers select the products they want to purchase (or avoid) and help producers reap the financial rewards associated with a product’s good reputation. To help protect ...
A trademark/service mark application for registration on the Principal Register under section and/or section 44 of the Act will be entitled to a reduced filing fee under § 2.6(a)(1)(iv) if it is filed through TEAS and includes:
