Trademark Law Practice
Essential IP skills for the business lawyer
- Product Number: 1970281EBK
- Publication Date: 12/18/2020
- Edition: 4th Edition 2020
- Copyright: © 2020 MCLE, Inc.
-
Add to Favorites List
Choose Format:
-
Product Description
Product Description
Trademark Law Practice provides an overview of the law of trademarks, including acquisition and enforcement of rights, as well as practical guidance on filing, prosecution, and maintenance of U.S. federal registrations. Additional topics addressed include special issues raised by technology and the Internet, including domain name issues, search engine optimization marketing, and 3-D printing.
Recent updates:
-
December 2020
Dear Subscriber:
Authored by Deborah J. Peckham, Esq., Mark Schonfeld, Esq., and Brooke A. Penrose, Esq., Trademark Law Practice reflects practical information pertaining to trademark registration and enforcement, on topics including the following:
- Scandalous, offensive, and disparaging marks. See chapter 1 for discussion of a pair of recent U.S. Supreme Court decisions wherein a portion of 15 U.S.C. ยง 1052(a) restricting scandalous, offensive, and disparaging marks was struck down as violating the First Amendment of the U.S. Constitution.
- Distinctiveness. See chapter 3 for a discussion of a 2020 U.S. Supreme Court case that rejected the U.S. Patent & Trademark Office's longstanding policy of finding "generic.com" terms as automatically generic or nongeneric, holding instead that a determination of genericness "depends on whether consumers in fact perceive that term as the name of a class or, instead, as a term capable of distinguishing among members of the class."
- Clearance search and analysis. In chapter 3, find a checklist titled "Questions to Ask Prior to Commencing Clearance Process," which can be helpful for corporate counsel or internal stakeholders in obtaining valuable information for new brand identification and clearance that can ensure success of the new mark.
- Cannabis products and paraphernalia; hemp products. Chapter 5 offers a Practice Note for counsel whose clients seek to register marks for cannabis products and related paraphernalia, which the federal government views as unlawful to manufacture, distribute, dispense, sell, or offer for sale. Note the exceptions under the Agriculture Improvement Act of 2018, Pub. L. No. 115-334 (the 2018 Farm Bill), regarding exclusively hemp-based products and goods that contain a specified percentage of THC.
- Postregistration proof-of-use audit. In chapter 5, find a discussion of the PTO's auditing practices, begun in 2017 and ongoing, with regard to a selection of registrations to confirm that the marks are indeed currently in use in U.S. commerce in connection with all claimed goods and services under the respective registration. The discussion includes practical guidance.
We at MCLE trust that you will find this book useful in your trademark practice and valuable in keeping your intellectual property law library current.
Cordially,
Maryanne G. Jensen, Esq., MCLE Director of Publications
-
December 2020
-
Table of Contents
Table of Contents
expand allChapter 1 expandIntroduction to Trademark Law
Buy ChapterChapter 2 expandBasic Principles of Trademark Law
Buy ChapterChapter 3 expandTrademark Clearance Search and Analysis
Buy ChapterChapter 4 expandTrademark Registration Practice
Buy ChapterChapter 5 expandTrademark Registration Maintenance
Buy ChapterChapter 6 expandTrademark Enforcement and Defenses
Buy ChapterChapter 7 expandTTAB Opposition and Cancellation Proceedings
Buy ChapterChapter 8 expandTrade Dress
Buy ChapterChapter 9 expandTrademarks in Transactions
Buy ChapterChapter 10 expandSpecial Issues Relating to Trademarks: The Internet, New Technologies, and Developments in the Intersection of the Lanham Act, Product Labeling, and Deceptive Advertising
Buy ChapterChapter 11 expandInternational Trademark Protection
Buy Chapter - Editors & Authors