Research Guides: Intellectual Property Law: Trademarks

Statutory Framework

Trademark law is historically grounded in the commerce clause of the Constitution. It is still based on principles of unfair competition and consumer confusion. Trademark law was historically shaped by the common law. In 1946, the Lanham Act established a national system for trademark registration and protection, ensuring that trademarks are used in a way that avoids consumer confusion. The Lanham Act also provides legal remedies for infringement, dilution, and other unfair competition. This statute is currently codified in Title 15 of the US Code.

Major Treatises

McCarthy on Trademarks and Unfair Competition (Westlaw)
McCarthy on Trademarks and Unfair Competition has been the authoritative source for explaining U.S. trademark and unfair competition law for 50 years, with clear, concise analyses of cases and statutes and commentary on registering and protecting trademarks.
Gilson on Trademarks (Lexis)
Gilson on Trademarks is the leading trademark treatise with expert analysis and drafting guides. Gilson includes USPTO examination and identification manuals.

Practice Materials

Westlaw Practical Law - Trademark: Overview
This Note provides an overview of US trademark law. Topics covered include the legal framework for trademark law, the nature of trademark protection, the acquisition and maintenance of trademark rights and registrations, trademark enforcement and protection, exploiting trademarks, and loss of trademark rights.

Administrative Materials

Trademark Manual of Examining Procedure (TMEP)
The Manual is published to provide trademark examining attorneys in the USPTO, trademark applicants, and attorneys and representatives for trademark applicants with a reference work on the practices and procedures relative to prosecution of applications to register marks in the USPTO. The Manual contains guidelines for Examining Attorneys and materials in the nature of information and interpretation, and outlines the procedures which Examining Attorneys are required or authorized to follow in the examination of trademark applications.
Trademark Trial and Appeal Board Manual of Procedure (TBMP)
The TBMP provides stakeholders with basic information generally useful for litigating trial cases before the Trademark Trial and Appeal Board (TTAB). The manual describes current practice and procedure under the applicable authority, including the Trademark Act, the Trademark Rules of Practice, the Federal Rules (where applicable), and precedential case law.
Trademark Official Gazette
Every Tuesday, the USPTO issues the Trademark Official Gazette (TMOG), a publication that contains a depiction of the mark, the identification of goods and/or services, and owner information for: (1) marks published for opposition on the Principal Register; (2) marks registered on the Principal Register under 15 U.S.C. §1051(d); (3) marks registered on the Supplemental Register on the date of the particular issue in which the marks appear; and (4) updated registration certificates. The TMOG is presented in a easily searchable web-based form. The USPTO will continue to offer the PDF format for a period of time.

Trademark Searching

USPTO Trademark Search
Use this interface to search for registered trademarks. You can search by goods/services type, name, and serial or registration number.