Library Guides: Intellectual Property Research: Trademark Regulations

U.S. Patent & Trademark Office (USPTO)

General Information Concerning Patents
Multi-Step U.S. Patent Search Strategy
Official Gazette for Patents
Patent Basics
- A U.S. patent gives an inventor, the right to “exclude others from making, using, offering for sale, or selling” an invention or “importing” it into the U.S. A plant patent provides additional rights on the “parts” of plants (e.g., a plant patent on an apple variety would include rights on the apples from the plant variety). What is granted is not the right to make, use, offer for sale, sell or import the invention, but the right to stop others from doing so. If someone infringes on a patent, the inventor may initiate legal action. U.S. patents are effective only within the U.S. and its territories and possessions.
Patent Center
- Provides access to the dockets for issued or published patent applications. Use this database to view an application's prosecution history and continuity information.
Patent Public Search
- New web-based patent search application that will replace internal legacy search tools
State Trademark Information Links
- USPTO page with links to state trademark web sites
Trademark Basics
- A trademark is generally a word, phrase, symbol, or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than goods.
USPTO Website

REGULATIONS

U.S. trademark regulations are found in parts 2, 6-7 of title 37 of the Code of Federal Regulations (C.F.R.).The library has a print set of the official C.F.R. (Mulberry Wing, ask at Circulation for specific location) Electronic versions are available through the Government Printing Office (GovInfo), Lexis and Westlaw.

Title 37, C.F.R. Parts 2, 6-7
Official version of the C.F.R. Each title is updated annually on a rotating basis: 28-41 are revised as of July 1. However, it is not unusual for the publication of Title 37 to be delayed.

HeinOnline offers full historic coverage of the C.F.R., which can be useful when faced with an issue based on previous copyright regulations.

Administrative Materials

Trademark Manual of Examining Procedure (TMEP)
- Procedural guide to prosecuting trademarks before the USPTO. The manual is also an excellent resource for learning how to write and research trademarks. While Lexis and West publish their own manual in print and electronically on their databases, it is also available for free from at the USPTO's web site.
Trademark Trial and Appeal Board Manual of Procedure (TBMP)
- The manual describes current practice and procedure for litigating cases before TTAB under the applicable authority, including the Trademark Act, the Trademark Rules of Practice, the Federal Rules (where applicable), and precedential case law.This link opens in a new windowThe manual describes current practice and procedure for litigating cases before TTAB under the applicable authority, including the Trademark Act, the Trademark Rules of Practice, the Federal Rules (where applicable), and precedential case law.
Design Search Code Manual
- The USPTO assigns all marks containing design figurative elements a 6-digit numerical code(s) for searching purposes. This manual indexes the categories, divisions, and sections that make up these codes. For example, a single five-pointed star would be coded in category 01 (celestial bodies, natural phenomena and geographical maps), division 01 (stars, comets) and section 03 (single star with five points), resulting in a complete design code of 01.01.03. The design search code manual also contains explanatory notes and specific guidelines that provide instructions for specific code sections, cross-reference notes that direct users to other code categories, sections and divisions, and notes describing elements that are included or excluded from a code section.