Trademark Law Notes

        The constitutional basis of U.S. trademark law comes from the Commerce Clause (Article I, Section 8) of the United States Constitution. Trademark law, enacted by the U.S. Congress, is administered under the Executive branch as a function of the U.S. Department of Commerce. Ministerial responsibility for the examination and registration of U.S. trademarks is vested in the U.S. Patent and Trademark Office under the direction of the Commissioner of Patents and Trademarks and the Assistant Commissioner for Trademarks. Trademark administrative issues which may become contested, including cases of conflicting use and interferences between parties, are usually adjudicated by the Trademark Trial and Appeal Board (TTAB). Matters of patent law, including appeals from of TTAB decisions, are decided in U.S. Federal Courts.

The United States Code

        The federal laws of the United States are set down in the United States Code. The part of the Code that contains trademark law is Title 15, the "Trademark Act of 1946 as Amended" (15 USC, Chapter 22), also known as the Lanham Act.

The Code of Federal Regulations

        The regulations under which trademark law is administered in the Department of Commerce are issued by the Executive branch and set out in the Code of Federal Regulations. Title 37 of the Code (37CFR), "Patents, Trademarks, and Copyrights," deals with intellectual property. Chapter 1, Subchapter A, Sections 2 and 6, comprise trademark administration regulations, in particular.

Trademark Manual of Examining Procedure

        Within the U.S. Patent and Trademark Office, the procedures used by trademark examiners and administrators to process trademark applications, maintain trademark registration records, and resolve administrative matters are contained in the Trademark Manual of Examining Procedure (TMEP).

Court Decisions and Case Law

        Information about federal court decisions relating to trademark law will be found in the various federal court reporters. Many of these cites, particularly records of cases since 1995, may be available on the Web through the U.S. Court Finder. Many of the federal court decisions dealing with patent, trademark, and copyright matters, in particular, are reported in volumes of the United States Patent Quarterly (USPQ). This reporter also includes decisions of the Trademark Trial & Appeal Board.