Review by R. Lilley, Nerac Analyst
Mr. O’Brien’s book offers a thorough insight and specific procedure for preparing, applying and obtaining trademarks, including international filings. Ultimately, the book is intended to be an overview and quick reference for legal practitioners. It succeeds in its goals and should become a readily available office reference for any professional, including corporate officers who have responsibility for trademark acquisition and use.

The author provides clear delineation, overlap and interplay between trademarks, patents, copyrights, trade name, and trade dress. This is accomplished in direct and succinct prose and definition. The author even goes on to outline, in a rather unique fashion, how to interview and obtain information from the applicant/client prior to filing a trademark application.

In one of the most informative sections of the book, the author outlines the goals and procedures of conducting a trademark search. Of course, performing a search for other trademarks that have been used prior to the filing of the proposed trademark is keenly prudent. This search can avoid or even prepare the applicant/client for potential rejections of the trademark application.

Accordingly, Mr. O’Brien provides a wealth of needed information regarding the filing and prosecution of a trademark application. He even provides post registration procedures and how to maintain trademarks, which have to be renewed, along with the payment of periodically fees. In one of the most insightful aspects of the book, Mr. O’Brien provides guidance on how to enforce trademarks, including their use in preventing illegal importation by use of U.S. Customs and Border Protection.

Overall, Mr. O’Brien has put together a highly effective view into preparing trademark applications, prosecuting and enforcing trademarks, with additional insight into international considerations.

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