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Intellectual Property Research: Trademark Law


What is Trademark Law?

According to 15 U.S.C. § 1127, a trademark  "includes any word, name, symbol, or device, or any combination thereof—

(1) used by a person, or

(2)  which a person has a bona fide intention to use in commerce and applies to register on the principal register established by this chapter,

to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown."
For example, Nike is known for their trademark symbol of the 'swoosh' and their trademark phrase "Just Do It."

Primary Sources

Constitutional right "to 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."
15 U.S.C. Chapter 22 is the primary source for many aspects of trademark law, including the Lanham Act (15 U.S.C. § 1051), the definition of trademark (15 U.S.C. § 1127), and the general rules for registering and implementing trademarks.
The link above takes you to the most recent 52 editions of the Trademark Official Gazette. Older editions are available HaithiTrust.
The USPTO's website includes tons of helpful tools, such as the Trademark Electronic Search System and the Trademark Electronic Application System.

Current Awareness

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*** Requires a subscription to LexisNexis, which is available to FSU law students.*** Includes Gilson on Trademarks.
*** Requires a subscription to Westlaw, which is available to FSU law students.*** 
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