U.S. Trademark Law Basics

April 24, 2012

If you are a company seeking a U.S. trademark registration for its business name, there are strict rules that must be followed. These rules are made available to the public at the United States Patent and Trademark Office website.

U.S.Trademark Statutes
The federal statute that governs U.S. Trademark registrations is commonly known as the Lanham Act, 15 U.S.C. Section 1051 and subsequent provisions. The Lanham Act is the CT trademark attorneys basis for seeking and maintaining trademark registrations, as well as bringing trademark infringement and unfair competition claims.

Trademark Rules of Practice

In addition to the Lanham Act, there are Rules of Practice that govern U.S. Trademark application review and approval procedure. These federal rules may be found in Title 37 of the Code of Federal Regulations. The Rules are broken down into the following sections:

-- Trademark Rules: Part 2
-- Trademark Assignments: Part 3
-- Classification of Trademark Goods and Services: Part 6
-- Madrid Protocol Trademark Filings: Part 7
-- Representation of parties before the USPTO: Parts 10 and 11

The primary purpose of the Trademark Rules of Practice is to advise U.S. trademark attorneys and trademark owners of the regulations and rules that have been established to supplement U.S. Trademark statutes, making all parties who have interests before the Trademark Office aware of their rights and obligations.

If you are the seeking a business name trademark, it is advisable to speak with an experienced U.S. trademark attorney to assess your trademark rights and options. For further information on U.S. Trademark Law, please contact James Hastings at (203) 244-4264.