USPTO Trademark Law and Practice, First Edition

BOOKMARK

Authors

Loletta Darden

Series / Aspen Coursebook Series

BOOKMARK

Book length

720 pages

Publication Date

2024-10-29

Edition

First Edition

Description

Table of contents

Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.

This first edition coursebook is a unique trademark law text that combines in-depth discussion of substantive law with a practitioner-focused approach. While USPTO Trademark Law and Practice draws on case law to teach trademark law, the book also teaches practical applications by thoroughly examining the Trademark Manual of Examining Procedure (TMEP), and then demonstrating how to use it when seeking federal registration of trademarks from the United States Patent and Trademark Office (USPTO). The text acts as a guidebook that illustrates how to practice before the USPTO, making it essential to both teachers of trademark law and to aspiring lawyers planning to focus on this field.

The concise text provides students with a conceptual framework for understanding key issues and is designed to progress seamlessly from theory to practice. From this vantage point, the book addresses a market need for a course that ditches the esoterica of current casebooks in favor of material that prepares students for trademark law practice.

Key Features:

Case Illustrations that demonstrate landmark decisions in trademark law
Legal Practice Notes that highlight key doctrines
Test Your Knowledge questions that ask students to imagine themselves in the role of the trademark law attorney and to describe how they would handle various scenarios
Application exercises that ask students to anticipate how judges might rule in trademark cases, thereby allowing them to test their understanding of policies and more deeply think through their consequences
An entire chapter devoted to conducting searches on the USPTO database

Professors and students will benefit from:

A practitioner-centered approach
Concise but comprehensive coverage of trademark law
Helpful summaries of key concepts throughout
Relevant trademark images, documents, and applications that are fully integrated into the casebook and offer students a real-world learning experience
Comments and questions throughout the text that prompt critical thinking and prepare students to engage in classroom discussion
Multiple exercises that can be used for either independent or in-class assignments

Summary of Contents

Contents
Preface
Acknowledgments

Chapter 1. Introduction to Trademarks
Chapter 2. Distinctiveness
Chapter 3. Acquiring Rights in a Trademark
Chapter 4. Specimens of Use
Chapter 5. Conducting a Trademark Search
Chapter 6. Analyzing a Trademark Search Report
Chapter 7. Non- Substantive Examination of Trademark Applications
Chapter 8. Responses to Office Actions — Likelihood of Confusion
Chapter 9. Substantive Refusals — Descriptive Refusals under
§2(e)(1)
Chapter 10. Substantive Refusals under §2(e)(2), 2(e)(3), and 2(e)(4)
Chapter 11. Functionality Refusals under §2(e)(5)
Chapter 12. Section 2(a- c) and After Final Practice*
Chapter 13. Trademark Modernization Act Procedures: Expungement,
Reexamination, and Letters of Protest
Chapter 14. Trademark Registers and Application Requirements

Table of Cases
Index