Guide · Intellectual Property

Trademarks: A Comprehensive Guide to Selection, Registration, Enforcement, and Disputes

15 U.S.C. § 1127

Type
Guide
Jurisdiction
National
Date
2026-02-21
Topic
Intellectual Property

This guide covers United States trademark law from selecting a mark through enforcing and maintaining it. It opens with what a trademark is and the distinctiveness spectrum that determines whether a name can be protected at all. It then covers acquisition of rights through use, the geographic limits of common law rights, and everything federal registration adds. Registration chapters walk through the two application bases, the identification of goods and services, specimens, examination and office actions, publication, opposition, and the maintenance filings that keep a registration alive. Enforcement chapters treat likelihood of confusion factor by factor, the defenses that actually succeed, trade dress and the functionality bar, dilution for famous marks, counterfeiting, and cybersquatting. Later chapters cover licensing and the quality control that prevents naked licensing, assignments with goodwill, the ways a mark dies through abandonment and genericide, international strategy in first-to-file jurisdictions, and a portfolio management program.

Trademarks: A Comprehensive Guide to Selection, Registration, Enforcement, and Disputes

Intellectual Property > Trademarks | Published 21 February 2026 - Updated 22 August 2026 | UpLaw - uplaw.us

⭐ Trademark law protects a relationship, not a word. The relationship is between a mark and a source in the mind of a consumer. Everything — protectability, scope, enforcement, and loss — follows from whether that relationship exists and whether someone is disrupting it.

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