Trademark Law CLE

Quimbee's trademark law continuing legal education (CLE) courses deliver the content lawyers need with engaging videos that are fun to watch.

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    Trademark Law FAQ

    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 online.

    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 course today!

    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?

    Because 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 certain color could be trademarked). Thus, nearly every lawyer could find a CLE course in trademark law fascinating.