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USPTO Trademark Law and Practice, First Edition

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BOOKMARK
Authors
  • Loletta Darden
Series / Aspen Coursebook Series
BOOKMARK
Book length
796 pages
Publication Date
2024-11-04
Edition
First Edition
Description
Table of contents
Preface

Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including academic lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.



This first edition coursebook is a unique trademark law text that combines in-depth discussion of substantive law with a practitioner-focused approach. While USPTO Trademark Law and Practice draws on case law to teach trademark law, the book also teaches practical applications by thoroughly examining the Trademark Manual of Examining Procedure (TMEP), and then demonstrating how to use it when seeking federal registration of trademarks from the United States Patent and Trademark Office (USPTO). The text acts as a guidebook that illustrates how to practice before the USPTO, making it essential to both teachers of trademark law and to aspiring lawyers planning to focus on this field.

The concise text provides students with a conceptual framework for understanding key issues and is designed to progress seamlessly from theory to practice. From this vantage point, the book addresses a market need for a course that ditches the esoterica of current casebooks in favor of material that prepares students for trademark law practice.

In order to keep the print book as concise as possible, Chapters 12-14 are available in the eBook only. This is not to be confused with the comprehensive Appendices which are available for chapters 8-11, 13, and 14. The online appendices pull straight from actual USPTO records — Office Actions, responses, declarations, and Board decisions from real world cases.

Key Features:

  • Case Illustrations that demonstrate landmark decisions in trademark law
  • Legal Practice Notes that highlight key doctrines
  • Test Your Knowledge questions that ask students to imagine themselves in the role of the trademark law attorney and to describe how they would handle various scenarios
  • Application exercises that ask students to anticipate how judges might rule in trademark cases, thereby allowing them to test their understanding of policies and more deeply think through their consequences
  • An entire chapter devoted to conducting searches on the USPTO database

Professors and students will benefit from:

  • A practitioner-centered approach
  • Concise but comprehensive coverage of trademark law
  • Helpful summaries of key concepts throughout
  • Relevant trademark images, documents, and applications that are fully integrated into the casebook and offer students a real-world learning experience
  • Comments and questions throughout the text that prompt critical thinking and prepare students to engage in classroom discussion
  • Multiple exercises that can be used for either independent or in-class assignments
  • Comprehensive online supplement with over 20 appendices that include workflows, statutory material, cases, trademark applications, and more
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Table of Contents (Chapters 12, 13, and 14 are online only)
Summary of Contents

Contents 
Preface 
Acknowledgments 

Chapter 1. Introduction to Trademarks 
Chapter 2. Distinctiveness
Chapter 3. Acquiring Rights in a Trademark 
Chapter 4. Specimens of Use
Chapter 5. Conducting a Trademark Search 
Chapter 6. Analyzing a Trademark Search Report 
Chapter 7. Non- Substantive Examination of Trademark Applications 
Chapter 8. Responses to Office Actions — Likelihood of Confusion 
Chapter 9. Substantive Refusals — Descriptive Refusals under
§2(e)(1) 
Chapter 10. Substantive Refusals under §2(e)(2), 2(e)(3), and 2(e)(4)
Chapter 11. Functionality Refusals under §2(e)(5)
Chapter 12. Section 2(a- c) and After Final Practice* 
Chapter 13. Trademark Modernization Act Procedures: Expungement,
Reexamination, and Letters of Protest 
Chapter 14. Trademark Registers and Application Requirements 

Table of Cases 
Index 
Read More
Preface
Professor Materials
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Student Materials:
Online Supplement Appendices
About the authors
Loletta Darden

Loletta Darden is a Visiting Associate Clinical Professor at The George Washington University (“GWU”) Law School and the Director of the Intellectual Property (“IP”) and Technology Law Clinic.

Prior to joining GWU, Professor Darden was a tenured Associate Clinical Professor and Director of the IP Law Clinic at Suffolk University Law School. Professor Darden has also taught courses in IP law at Suffolk and Northeastern University Law Schools and the University of Illinois at Chicago School of Law, including Trademark Law, USPTO Trademark Law and Practice, and IP Survey. Before joining Suffolk University, Professor Darden was a partner at Sachnoff & Weaver, where she led the patent prosecution department, assisted with IP litigation, and represented small and emerging businesses in asserting and protecting their IP rights.

Prior to joining Sachnoff & Weaver, Professor Darden was Chief IP Counsel for a small consumer products company, where she managed the company's IP prosecution and litigation portfolios and pioneered a strategy for strategically using and creating IP assets that enhanced the company's competitive position. Professor Darden is a registered patent attorney and a C-IP² Scholar at the George Mason University Center for IP and Innovation Policy, where her scholarship focuses on the protection and preservation of IP rights for creators and inventors. She is also a member of the Giles S. Rich American Inn of Court.

In November 2022, she was appointed by Secretary of Commerce Gina Raimondo to the Patent Public Advisory Committee (PPAC) and appointed as the FY 2024 PPAC Chair by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Kathi Vidal. Professor Darden is also a founding partner of Darden Betts Strategic Intellectual Property Counselors, a boutique IP law firm headquartered in Washington, DC.
Product Information
Edition
First Edition
Publication date
2024-11-04
Copyright Year
2025
Pages
796
Print + eBook
9781543850130
eBook
9798889063506
Audiobook Add-On (eBook Required)
9798894119489
eBook + Audiobook
9798899633584
Print + eBook + Audiobook
9798899647000
Subject
Trademark Law
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