Food Law: Trademarks

Checklist of processes in determining availability of a trademark.

Practice note providing an overview of trademark law.

Gilson on Trademarks is a definitive work that features: *Comprehensive and current treatment of trademark law in the United States, with clear explanations of basic principles and expert discussion of complex issues *Detailed analysis of infringement, false advertising, counterfeiting, dilution, and trademark law remedies with extensive case citation *Full coverage of domain name registration and protection under U.S. law and the UDRP *More than 450 trademark practice forms on all aspects of USPTO proceedings, complete with drafting guides, practice tips, and filing requirements *Primary Source Appendices *The USPTO's Acceptable Identification of Goods and Services Manual (ID Manual) *The USPTO's Trademark Manual of Examining Procedure (TMEP) (information from publisher)

A one-stop reference to the New York and federal statutes and NYCRR regulations governing intellectual property matters. In one convenient volume, you'll find: *An introductory chapter that clarifies complex statutes and explains the interplay of state and federal law *The complete text of applicable New York statutes and regulations as well as the federal statutes *Expert practice commentary accompanying key provisions of the law *Helpful checklists alerting you to all statutes and regulations impacting on a specific issue *Sample agreements and litigation forms (information from publisher)

Practice note about getting trademark rights in the U.S.

This Note discusses how to prepare and file an application to register a trademark or service mark with the US Patent and Trademark Office (USPTO). It outlines the elements of an application for a mark on the Principal Register based on use or an intent to use in commerce. It includes practical guidance about all aspects of the application process, from preliminary discussions with the client about the proposed mark, through prosecution of the application, to post-registration maintenance.

Practice note that discusses Lanham Act requirements.

Checklist outlining the process for registering a trademark with the USPTO.

A Q&A guide to New York laws protecting trademarks. This Q&A addresses state laws governing trademark registration, infringement, dilution, counterfeiting, unfair competition, and deceptive trade practices. Answers to questions can be compared across a number of jurisdictions (see Trademark Laws: State Q&A Tool).

This Note discusses searching and clearing a trademark for use in the US and federal registration with the US Patent and Trademark Office (USPTO). It covers the relevant considerations from the initial search request to filing a trademark application, including the purposes and benefits of trademark clearance. It also discusses the searching and clearance process, including the initial collection of information from the client, structuring an effective search, types of searches, the contents and analysis of a full trademark search report, conducting additional investigations, trademark availability opinions, investigations, ways to address potential conflicts, and considerations for filing trademark applications.

Checklist of information to gather from a client before trademark searching.

Callmann on Unfair Competition, Trademarks, and Monopolies provides a thorough analysis of unfair competition, trademark law, and monopolies. (Information from publisher)

McCarthy on Trademarks and Unfair Competition has been the authoritative source for explaining U.S. trademark and unfair competition law for over 45 years, with clear, concise analyses of cases and statutes and commentary on registering and protecting trademarks. (Information from publisher)