Trademark Statutes, Regulations & Court Cases

• Overview of U.S. Trademark Laws, including links, provided by Cornell Law School.

Statutes

• The Lanham Act: Codification of federal trademark statutes.
• Summary of the Trademark Law Treaty Implementation Act of 1998 (TLTIA): Describes some recent changes to federal trademark laws to harmonize with the trademark laws of other countries.
• General Agreement on Tariffs and Trade (GATT) -- Section 2 Trademarks
• Model State Trademark Bill

Regulations

• The Code of Federal Regulations: Codification of all federal regulations interpreting all U.S. statutory law, including the Lanham Act

Court Cases

• Final Decisions of the Trademark Trial and Appeal Board (TTAB): TTAB decisions constitute the bulk of U.S. appellate law governing trademarks, and often can provide fact-specific guidance for registration or opposition issues. TTAB decisions usually involve:
  • (a) Ex parte appeals from denials of U.S. registration of marks by U.S. Patent & Trademark Office Examiners,
  • (b) Oppositions to new registrations filed by third parties, or
  • (c) Petitions for cancellation of existing registrations filed by parties claiming prior use of a conflicting mark.
• U.S. Court of Appeals, Federal CircuitThe Federal Circuit is the foremost U.S. appellate court for intellectual property decisions. Its decisions can provide powerful precedents for issues concerning U.S. trademark registration issues and disputes.
• U.S. Court of Appeals, First Circuit: After the federal circuit, the First Circuit (sitting in Boston, Massachusetts) decides the most intellectual property decisions, including trademark, of any federal appellate court.
• 11 U.S.C. § 365(n) allows trustee to repudiate trademark license (N.D. Ca., Case No. 01-32164, July 24 2002):This is a recent case from the Northern District of California that may be of interest to parties dealing with trademarks in bankruptcy.