Trademark Basics: An Updated Roadmap

The course will present the basics of federal and state trademark law for every lawyer. The roadmap will guide the attorney through the process of helping a client choose a trademark, properly identifying the type of protection available, preparing and filing the application, if appropriate, and completing the registration. We will look at common reasons that applications are rejected and strategies for overcoming those rejections. We will learn about the "radio test."

The program will also look at special cases such as offensive and scandalous trademarks, trademarks associated with famous people as well as trademarks associated with marijuana and hemp-derived products. For the attorney who is interested in trademark litigation, we will review the various types of actions such as oppositions, cancellations and appeals heard initially at the Trademark Trial and Appeal Board (TTAB) as well as infringement litigation in federal and state court. We will explore not just causes of action but available defenses.

Learning Objectives:

1. Review federal and state trademark statutes and laws
2. Explore how to advise a client in choosing a mark
3. Master the trademark registration process and overcome rejections
4. Discuss infringement causes of action
5. Identify defenses against infringement