Trademark Law Research

This guide offers an overview of print and electronic materials available for conducting research on Trademark Law at the Biddle Law Library.

Trademark is a form of Intellectual Property ("IP").  IP law also encompasses patents, copyright, trade secrets, unfair competition, and publicity rights. Patents, trademarks and copyrights are primarily governed by federal law, while trade secrets, unfair competition and rights of publicity are typically matters of state law.

The Constitution gives Congress the power to regulate "commerce with foreign nations, and among the several states." This includes the power to regulate the use of trademarks in interstate and international trade. A trademark is a word, name, symbol, or device (or a combination of these) used to identify and distinguish the owner's goods or services from those made or sold by others. Trademarks are also used to indicate the source of goods or services to consumers. The term "service mark" or "trademark" may be used to identify or distinguish services.

U.S. trademarks are governed by federal law, codified in the United States Code. Accompanying regulations can be found in the Code of Federal Regulations. U.S. trademarks are registered by the United States Patent and Trademark Office (USPTO). Individual states also may register or recognize trademarks; these trademark registrations are governed by state law. 

Consult the following resources for general information or an overview on US trademark law.