University of New Hampshire

School of Law

School of Law

Federal Trademark & Copyright Registration Practice

This course will educate students in federal TM registration, from pre-application trademark searching through post-registration maintenance and monitoring. Students will become familiar with USPTO practice and procedures, including information literacy of PTO database searching, e-filing at the PTO (one of the assignments will be to prepare an electronic trademark application) and paper filing (another assignment is to draft a paper filing response to an office action). USPTO guidelines and governing principles for handling various rejections will be addressed. The course will also cover ex parte appeals to the Trademark Trial and Appeal Board. By applying the students' trademark law knowledge to USPTO practices, students will be expected to develop strategies for hypothetical trademark clients to best meet trademark registration objectives in order to prepare them to counsel clients on mark development, the benefits of federal registration, cost concerns, and other trademark matters.

The copyright registration portion of the course will cover statutes, rules, and practice impacting copyright registration. For example, the course will address the benefits of copyright registration (including statutory damages, presumption of validity, and other advantages), categorization of works under the Copyright regulations (for proper form selection), putting the work for hire doctrine into application in the process, the single work rule, copyright notice, handling multiple authors for different contributions to a work, determining the "publication date," and the difference between an "author" and a "claimant."

The course additionally addresses the reason and process for the recordation of instruments at the USPTO and the Copyright Office.