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IP Law: Trademarks

This guide will provide a primer for students interested in or studying trademark law. It will also include links and tips for researchers writing about trademark law. Lastly, this guide will provide practical guides and valuable materials for non-lawyers

The United States Patent and Trademark Office

"The United States Patent and Trademark Office (USPTO) is the federal agency for granting U.S. patents and registering trademarks. In doing this, the USPTO fulfills the mandate of Article I, Section 8, Clause 8, of the Constitution that the legislative branch "promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." The USPTO registers trademarks based on the Constitution's commerce clause (Article I, Section 8, Clause 3). 

The USPTO advises the president of the United States, the secretary of commerce, and U.S. government agencies on intellectual property (IP) policy, protection, and enforcement and promotes more robust and effective IP protection worldwide. The USPTO furthers adequate IP protection for U.S. innovators and entrepreneurs worldwide by working with other agencies to secure strong IP provisions in free trade and other international agreements. It also provides training, education, and capacity-building programs designed to foster respect for IP and encourage the development of strong IP enforcement regimes by U.S. trading partners." --About-US USPTO Page

 

The USPTO is the frontline for all things involving federal trademarks. The United States Patent and Trademark Office is responsible for granting, registering, and protecting federal trademarks. The USPTO operates the registration of Trademarks under the Lanham Act. All federally registered trademarks are available under the Trademark Search option. This is a vital resource for practitioners performing trademark clearance searches. The USPTO website has guides explaining trademark law, how to apply for registration, and more. If you are practicing--or planning to practice in--trademark law, gaining experience and understanding of the inner workings of the USPTO and the USPTO website is vital. If you are performing legal research, the USPTO provides an excellent starting place for studying the law. 

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