Quimbee Trademark CLE Online
If you’re looking for a simple,
engaging way to learn about trademark law and fulfill your continuing
legal education (CLE) requirements, look no further than Quimbee CLE
All Quimbee CLE online courses are built from the ground
up by our world-class team of attorneys and designers. Our goal is to
create a product that will not only help you meet your CLE requirements,
but will actually be enjoyable to watch. Sign up for a Quimbee CLE
An Overview of Trademark Law
A trademark is a
word, phrase, or symbol that is used by a merchant to identify its
goods. Congress initially attempted to create a federal trademark system
in 1870, but that statute was struck down by the Supreme Court in the Trade-Mark Cases. Today, trademark law in the United States is primarily governed by the Lanham Act, which took effect in 1946.
Under the Lanham Act, the United States Patent and Trademark Office
(USPTO) is the agency tasked with overseeing trademark registration.
Merchants are not required to register their trademarks in order to
receive federal trademark protection, but registered marks receive
significant advantages over unregistered marks. For example, under 15 U.S.C. § 1065,
after five years of continuous use, a registered mark may achieve
incontestable status. Incontestable status eliminates a number of
defenses to claims of trademark infringement, greatly increasing the
rights of the trademark owner.
For a mark to be eligible for
trademark protection, the mark generally must meet two requirements:
the mark must be in use in commerce, and it must be distinctive.
Typically, trademarks are divided into four categories of distinctiveness: arbitrary, suggestive, descriptive, and generic.
Who Should Take CLE Courses in Trademark Law?
trademarks comprise one of the fundamental components of intellectual
property law (along with copyrights and patents), a CLE course in
trademark law is a great option for IP lawyers. Additionally, because
the protection of trademarks is crucial to businesses of all sizes, many
commercial lawyers can benefit from at least a cursory understanding of
trademark law. Trademark law often involves engaging issues that make
great fodder for late-night debate (see Qualitex Co. v. Jacobson Products Co.,
where the Supreme Court had to decide whether a color could be
trademarked). Thus, nearly every lawyer could find a CLE course in
trademark law fascinating.