Using Practical Law's State Trademark Law Surveys | Practical Law

Using Practical Law's State Trademark Law Surveys | Practical Law

A discussion of how to use Practical Law's Trademark Law Q&A guides to research state trademark registration statutes, statutory and common law trademark infringment claims, anti-dilution laws, anti-counterfeiting laws, unfair competition and deceptive trade practices statutes. The Trademark Laws: State Q&A Tool allows subscribers to compare laws across jurisdictions.

Using Practical Law's State Trademark Law Surveys

Practical Law Legal Update 1-561-0986 (Approx. 4 pages)

Using Practical Law's State Trademark Law Surveys

by Practical Law Intellectual Property & Technology
Published on 09 Dec 2014 • USA (National/Federal)
A discussion of how to use Practical Law's Trademark Law Q&A guides to research state trademark registration statutes, statutory and common law trademark infringment claims, anti-dilution laws, anti-counterfeiting laws, unfair competition and deceptive trade practices statutes. The Trademark Laws: State Q&A Tool allows subscribers to compare laws across jurisdictions.
Practical Law's Trademark Q&As are comprehensive guides to state trademark and unfair competition laws. Practitioners can use the surveys as a starting point for research when counseling clients on or litigating state trademark and unfair competition claims. The Trademark Laws: State Q&A Tool compares the information in Practical Law's Trademark Laws Q&A resources across multiple jurisdictions.

Scope of Coverage

Each individual state Q&A addresses the following state trademark and unfair competition law topics:
  • Trademark registration statutes, including:
    • key substantive registration requirements;
    • key benefits of state registration; and
    • registration term and renewal requirements.
  • Statutory and common law trademark infringement causes of action, including:
    • the elements of each cause of action;
    • the available remedies; and
    • any statutory defenses or exemptions.
  • Anti-dilution laws, including:
    • elements of a cause of action;
    • the available remedies; and
    • any statutory defenses or exemptions.
  • Anti-counterfeiting statutes, including standing requirements and available remedies and defenses.
  • Unfair competition and deceptive trade practices statutes, including for each:
    • standing requirements;
    • remedies available for violations; and
    • any statutory defenses or exemptions to private claims.
  • Other significant state statutory and common law trademark-related claims.
  • Criminal trademark laws.
  • Any pending legislation that would materially impact civil trademark enforcement and protection.
All surveys include links to relevant state statutes and case law.

Multi-state Research

The Trademark Laws: State Q&A Tool allows subscribers to compare the information in the Trademark Q&As across multiple jurisdictions. With this tool, subscribers can compare state-specific laws governing trademark registration, infringement, dilution, counterfeiting, unfair competition and deceptive trade practices. Simply select the questions and the jurisdictions that you are interested in and click the "Submit" button.

Accessing State Trademark Q&As

Users can access the state trademark Q&As in the following ways:
  • Directly from the Intellectual Property & Technology Practice Center Page under the State Q&A heading.
  • From our State Q&A landing page. From the State Q&A homepage, select "Trademark Laws" under the Intellectual Property & Technology heading.
  • Browsing the Trademark topic index.
  • Through a site search. To search by state, enter "trademark" and the relevant state in the search bar on any page. You can then filter your results by clicking on "State Q&A" under the Resource Type heading in the lefthand column.