Trademarks


 



Welcome to LawShelf’s video-course on trademark law. This course focuses on the legal mechanisms to protect distinctive logos, slogans and other visual marks associated with products from unauthorized use by other parties. This is an introductory level course and no prior knowledge of intellectual property law or law in general is required.

 The course opens with a discussion of what trademarks are and distinguishes them from other forms of intellectual property. We’ll also look at what constitutes a trademark and related phenomena such as service marks, trade names and trade dress. We will also look at the symbols that may be and typically are used to indicate claimed trademarks.

 Module two focuses on securing trademark protection and looks at the federal agencies that enforce trademark law and the mechanisms by which one can register trademarks, and the costs associated with doing so. We will look at the various steps involved in registering a trademark and the steps that can be taken to appeal denials by the USPTO. Finally, we will look at the limited roles of state law and common law in trademark protection.

 Module three focuses on the important “distinctiveness” requirement for trademark protection. We will look at the differences among descriptive, suggestive, arbitrary and fanciful marks. The module also covers cases that illustrate the nuances of the series of rules and how distinctiveness can be acquired or lost depending on how the marks are used in the context in which they are used.

 Module four covers trademark enforcement. We will start with trademark searches, including how goods or services owners can determine whether phrases and marks are trademarked and the extent to which they can trademark their own. We’ll go through the various available databases and discuss steps that are important to maintain a trademark’s effectiveness. We will also cover transfers of trademark rights.

 The final module looks at infringement. We will discuss various types of trademark dilution and then look at the important defense of fair use. Finally, the course ends with a discussion of the various remedies that are available once trademark infringement has been established.

 Upon completion of this course, the viewer will be able to apply the basics of trademark law and will, hopefully, be encouraged to take advantage of our other courses in the intellectual property field.

 Best of luck and we welcome your feedback!

What is a video-course?

A LawShelf video-course is an in-depth series of presentations on a discreet legal topic. LawShelf video-courses focus on practical legal information and applications and are each designed to familiarize the viewer with a legal topic quickly and efficiently.

Who should take a video-course?

Our video courses are designed for professionals such as attorneys, paralegals, corporate officers and financial professionals, as well as laypeople looking to deepen their knowledge of particular areas of law. The courses allow you to acquire the specific knowledge and skills that you need without the expense and time commitment of going “back to school” for a degree. 

How do I learn?

Video courses are divided into 5 or 6 modules.  Each module contains a video lesson (usually about 15 minutes long) and a series of self-test questions that you can use to practice and make sure that you understand the material.

How do I complete a video-course?

To complete a video-course, you must pass a 10-question multiple-choice examination by scoring 70% or higher.  The questions on the exam are randomly selected from the self-test question sets for the various modules. You can retake an exam as many times as you need to, though you will not get the same questions each time since the questions are drawn from an exam bank.

How long will it take me to complete a video-course?

Between watching the modules, doing the self-test practice questions, reviewing the material and taking the final exam, we estimate that completing a video-course requires a time investment of 4-5 hours.  The courses are designed to get straight to the point. We’re cognizant that your time is valuable, and we condense the information you need to know to comprehensively cover a subject into as little time as practical.

Is there limit to how many video-courses I can take or complete?

No. A LawShelf subscription enables you to access any and all LawShelf content, including all video-courses. You can take courses as quickly or slowly as your time allows.

Do I receive any recognition for completing a video-course?

Once you complete the course by passing the final exam, you will be awarded a digital badge to display as evidence of your training and accomplishment.

How will a digital badge help me? 

Modern educational trends are moving away from traditional classroom-based course completion models and towards skills-based education. Employers today care more about skills than ever before. LawShelf digital badges conform to the Open Badge standard and are verifiable records of your skills that can easily be shared online.

How long do I retain access to the course materials?

You retain access the modules and take the final exam as long as you are a subscriber to LawShelf.


Defining the Trademark - Module 1 of 5


Registering a Trademark: Module 2 of 5


Distinctiveness: Module 3 of 5


Trademark Searches and Enforcement - Module 4 of 5


Trademark Infringement - Module 5 of 5


Final Exam only needs to be taken by those seeking to earn the Digital Badge credentials for this course.