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
Best of luck and we welcome your