US Intellectual Property Law and Paralegal Studies

Introduction

Until 2019, having a swanky corner office was the criteria for people to feel successful. Then things changed in 2020. People were forced to align themselves to the remote working model.

But then, a curious thing happened.

Businesses actually realised that the remote working model might not be so bad after all. Whether you are being forced to work remotely by a pandemic or not, remote work has huge advantages. Below is the kind of actions you could see that reflected this:

Job postings with the location “remote” jumped.

If this US news article is to go by, remote work postings for jobs in legal services, including paralegals and legal assistants jumped from under 5% in the second half of 2019 to 16% in the second half of 2020, according to data from Indeed, a popular job search platform.

The indication is clear. In knowledge industries such as legal work, businesses will continue to hire people on a remote basis - with or without pandemic.

Lots of organizations and professionals have learned to work remotely, and there is no going back.

Let me show you a list of some companies which have gone remote permanently: 
https://buildremote.co/companies/companies-going-remote-permanently/

Now if typical “job” opportunities on a remote basis are increasing to this extent, think of what happens to assignments and freelancing opportunities:

Freelancing jobs will exponentially increase, even in non-tech areas, because employees are and managers are both becoming comfortable with freelancing and managing productivity. 

A study by Upwork, titled “One Year Remote” states, “As a result of this [shift to remote work], 58% of non-freelancing professionals new to remote work are considering freelancing in the future. The past year’s shift to remote work has introduced many professionals to the benefits of greater flexibility and control on how they work, and freelancing will be for some a natural step.”

In 2027, US will become a majority freelance economy. As per a report from Upwork released in May 2021 (here), there is potential for 25.7 million jobs to be done by remote freelancers in non-tech industries.

The importance of being physically present in order to work is diminishing rapidly. 

And when the requirement to be physically present is done away with, the talent pool available for a business expands, and the opportunity pool for talent explodes.

This is what happened in 2020. 

If you are wondering by now as to why we are talking so much about the US freelance economy, it is because you have an opportunity to participate in this market no matter where you are in the world. And this is an unprecedented opportunity. It is a game changer for most of you.

For example, in India, the entire legal industry is smaller than $2billion annually. Legal industry size in South Africa is a little over $2.14 billion. That is a small market. Comparatively, the US legal industry is worth $319.7 billion! The US patent and trademark industry alone is $18 billion. Basically, opportunities are much bigger if you can get into this market.

Earlier, you had to catch a plane, get a visa and work permit in the USA, apart from learning the relevant skills if you wanted to partake in this huge industry. The employment visa was the hardest part of this puzzle. Since remote work has gone mainstream, that is not part of the picture anymore.

You can find work in the US as a remote freelancer as long as you have the skills that are in big demand.

Do you find the possibilities and opportunities mind boggling? I will not blame you if you did, given how new this opportunity is.

Here’s another question that you may have: Why would a law firm or a startup in the US hire you?

You have a great advantage if you are a lawyer from Asia or Africa. This is the advantage of lower cost. The US is the most expensive legal market. It is possible that a paralegal doing good work in the USA gets paid as much as a partner in a good law firm in your country.

This means hiring IP lawyers from Asia and Africa trained in US Patent and Trademark Office work can be a game changer for a law firm or a startup needing IP law expertise.

That is because they can hire good talent from a global pool at a fraction of cost compared to an US lawyer. This means that they can grow much faster, become more competitive and profitable.

This also has a domino effect. If some firms start to cut costs by hiring such remote international lawyers at a much lower cost, it becomes a competitive advantage for them, and others have to soon follow suit.

Imagine what this would translate into for lawyers in most Asian or African countries, whether law students, recent graduates or even qualified lawyers with 3-5 years of experience. Working at USD 10 per hour, if someone works 200 hours per month (which is little more than 8 hours per day for 30 days or 10 hours for 25 days), they can make USD2000 per month, which is higher than what many big law firms in developing countries pay even to experienced lawyers. 

The math seems good - how can a lawyer from Asia or Africa qualify to perform this work? Doesn’t he/ she need to crack the Bar Exam? 

Luckily, no, there is no license required to perform US paralegal work as a remote paralegal.

How can a young lawyer or law student from Asia or Africa obtain US paralegal work? 

There is a simple formula for success here:

Capability (skills and knowledge) + Track Record + Outreach = Success in Career

Before you get these opportunities, you need to have the capability to do the work. Capability is different from willingness or interest. You need to be able to deliver the work that you would be given if you landed the job.

This means you have to acquire the skills and knowledge.

However, this alone is not enough.

You also need to build a track record that gives potential recruiters some evidence that you can actually do what you are claiming. There are many ways to build a track record and develop credibility - publishing articles, doing freelance work, doing pro bono and low bono work and getting testimonials - something that tells the potential recruiter that you are worth a shot because you have already proven your worth in some ways.

Finally, it is about outreach. Making sure that the right people know you are available to be hired. You can ensure such outreach through networking and building a strong social media profile, and we do that through our large and focussed placement office.

In our course, we address all these 3 aspects so you can succeed in your career.

This course is designed to teach you how to perform US IP work as a paralegal (and even what you have to do as an IP lawyer, if you can qualify to practice in US as a lawyer) and includes comprehensive guidance on how to build a successful profile on global freelancing platforms, build a track record and send proposals which are compelling to secure these work opportunities.

On top of that, you will get on-demand support from our team standing by to help you to succeed in your freelance career, provide you leads for projects, gigs and jobs, and even prepare you for interviews.

On top of US IP law, bonus modules on how to perform such work in the UK are included as well.

If you learn the skills and do this work properly, it is possible to earn more than a top law firm associate or senior associate in a developing country like India, Bangladesh, Kenya or Nigeria, while working remotely and at your own time and convenience.

We have helped several young lawyers successfully secure US IP paralegal work since November 2020. The course faculty in this course includes lawyers who have built their own consultancy through such global freelancing platforms and IP lawyers who have worked in the USA.

This is a golden opportunity for lawyers and law students from developing countries, especially in Asia and Africa as the space is still relatively untapped. 

This is the right time to venture into the IP freelancing domain before it becomes too saturated, which is highly likely to happen very soon considering the potential it holds. 

In addition to enabling you to earn a decent income, this also helps you build a track record of work which will be relevant and recognised in the event that you are looking to take on a masters degree and actually work in the US.

Who should take this course?

Are you ready to dive into the dynamic world of intellectual property law? Our comprehensive course is tailor-made for individuals with a passion for legal excellence and a drive to excel in the realm of IP law. 

Whether you're a seasoned lawyer, a budding law student, or an aspiring legal professional, this course is your gateway to a world of exciting opportunities.

• Ambitious Attorneys: If you're a lawyer with a keen interest in shaping a thriving career in IP law, this course is your roadmap to success. Our expertly designed curriculum will equip you with the knowledge and skills needed to stand out in the competitive field of intellectual property.
• Future-Forward Law Students: As a law student, you're already envisioning your journey in the legal world. By enrolling in this course, you'll gain a unique advantage by mastering US paralegal work, even catering to international clients and foreign lawyers right from the comfort of your own space.
• Trademark, Copyright, and Patent Enthusiasts: If your heart lies in trademark, copyright, or patent law, this course will fuel your passion and transform it into expertise. Dive deep into these specialized areas and emerge as a sought-after professional in handling patent disputes, trademark infringements, and copyright intricacies.
• Aspiring Big Law Professionals: Dreaming of joining the ranks of renowned IP law firms or being a vital part of a prestigious IP or TMT team in a big law firm? This course is your stepping stone. Elevate your prospects, stand out among your peers, and make your mark in the upper echelons of the legal industry.
• Global Career Seekers: If an international LLM is on your radar and you aim to leverage it for securing lucrative positions in the US or UK, this course aligns perfectly with your aspirations. Build a strong foundation in US intellectual property law and propel your career toward international success.

What will you learn from this course?

Uncover a world of abilities that will not only advance your career but also position you as a vital asset in the global intellectual property protection arena.

• Navigating Trademarks: Discover the art of trademark pre-registration finesse. Learn to expertly navigate the landscape of US and UK trademark searches. Master the craft of in-depth availability and conflict searches, utilizing resources like USPTO, UKIPO, and WIPO Global Brand Database. Develop the prowess to create solid domestic and international trademark applications.
• Handling Objections and Office Actions: Equip yourself with the strategic insights to address objections raised by the USPTO under the Lanham Act. Gain the finesse to handle office actions from UKIPO. Build the expertise to craft compelling responses that push your clients' trademark applications to success.
• Craftsmanship in Prosecution Procedures: Immerse yourself in the intricacies of trademark prosecution, both in the US and UK. Harness your advisory skills to guide clients effectively. Master the art of drafting notices of opposition with precision, paving the path for triumphant opposition proceedings.
• Safeguarding Creativity and Innovations: Empower startups and small businesses to fortify their intellectual property. From protection strategies to hands-on assistance with IP registration and monetization, become a guardian of their creative endeavors.
• Mastering Impactful Agreements: Craft powerful IP agreements that resonate in the world of creativity and technology. Dive into IP assignments, licensing agreements, and technology transfers. Your expertise will build legal frameworks that elevate innovation.
• Defending Online Identity: Gain insights into domain name infringement and cybersquatting. Wield WIPO's Uniform Domain Name Dispute Resolution Policy to protect online identities.
• Pre-Litigation Strategies:Learn the art of pre-litigation tactics. Develop the skill to create cease and desist notices that command attention in cases of patent, copyright, and trademark issues. Emerge as a strategist well-versed in both US and UK legal realms.
• Lighting the Patent Path: Explore the realm of patent expertise. Become adept at assessing patentability, crafting patent applications, and calculating patent term adjustments. Your skills will shape innovation's future.
• Crafting Fashion Protection: Step into fashion protection with the knowledge to draft and file design patent applications. Pave the way for your clients' designs, securing their place in the world of style.
• Defending Against Infringement: Empower clients to triumph over counterfeit goods. Rise against infringement with the power to file civil suits for trademark, copyright, patent, design, and trade secret disputes. Shape legal actions with expertise.

Stand tall as an innovation guardian, armed with skills that span continents and enrich careers.

This course transcends boundaries, empowering you to grasp US intellectual property law intricacies from India. Unleash potential, protect creativity, and become a true master of intellectual property laws.

Training Methodology

Online 24/7 access

Access study materials via our online portal & via our anroid & iOS apps.

Practical Exercises

Two practical exercises every week, each followed by written feedback.

Live Online Classes

Live online classes based on exercises, allowing questions and feedback.

Convenient Class timings

Classes held after work hours, typically on Sundays or after 8 PM on weekdays.

Live Doubt Clearing

Live doubt clearing for support and one-on-one sessions with mentors.

What is the career potential after doing this course?

• US small businesses seeking cost-effective contract drafting compared to hiring expensive lawyers.
• US companies interested in hiring skilled remote paralegals specializing in contracts. They handle drafting, reviewing, and managing contracts.
• Companies, law firms, and other businesses aiming to finalize contracts for their websites;
• Businesses seeking to boost sales by bringing on distributors for their products;
• Small to medium-sized tech law firms in the US aiming to bolster their capacity affordably through outsourced paralegal support.
• Tech enthusiasts, we haven't forgotten you! If you're part of a tech company dealing with licensing technology or handling important agreements like NDAs and inventions, our courses cover those too.
• Business owners running their own growing companies, aiming to transition from a sole proprietorship to an incorporated business structure.
• People who invest in US businesses and want to establish clear terms of investment
• Fashion designers and artisans looking to protect their novel and artistic creations as well as licensing their goods for sale
• Inventors looking to get their inventions protected through patent registration with the USPTO as well as looking to license their technology. 
• Entities looking to ensure that their trade secrets remain protected
• Businesses looking to expand their IP portfolios beyond their own jurisdictions
• Luxury brands looking to curb counterfeiting of their goods across jurisdictions
• Restaurants and retail outlets looking to expand their businesses

Potential employers

• Law Firms: Many law firms specialize in intellectual property (IP) law and require skilled paralegals to assist attorneys in patent, trademark, and copyright cases. Your knowledge of US IP law would make you a valuable asset in such firms.
• Corporate Legal Departments: Companies that deal with a significant amount of intellectual property, such as tech companies, pharmaceutical companies, and entertainment companies, often have in-house legal teams that handle IP matters. Your expertise in US IP law would be beneficial for managing and protecting the company's intellectual property assets.
• IP Consultancies: Intellectual property consultancies provide specialized services to clients seeking guidance on patents, trademarks, copyrights, and other IP-related matters. Your diploma could qualify you for roles where you help clients navigate complex IP regulations.
• Patent and Trademark Offices: Government agencies responsible for granting patents and trademarks, like the United States Patent and Trademark Office (USPTO), often require knowledgeable professionals to assist with reviewing applications and ensuring compliance with IP laws.
• Research and Development (R&D) Departments: Companies with strong R&D focus often require legal professionals with expertise in IP law to ensure that new innovations are properly protected through patents and other forms of IP.
• Nonprofit Organizations: Many nonprofit organizations, especially those focused on promoting innovation or protecting creative works, require legal professionals to help them navigate IP issues and advocate for the interests of their constituents.
• Startups: Emerging companies often need legal guidance in protecting their intellectual property as they develop new products and technologies. Your understanding of US IP law could be crucial for startups looking to safeguard their innovations.
• Academia: Universities and research institutions sometimes need legal professionals to manage their intellectual property portfolios, negotiate licensing agreements, and provide guidance on technology transfer.
• Entertainment Industry: With your knowledge of US IP law, you could work with entertainment companies, including studios, record labels, and production companies, to manage copyrights and trademarks related to movies, music, and other creative works.
• Compliance Departments: Many industries have strict regulations related to intellectual property. Your expertise could be valuable in ensuring that companies comply with these regulations to avoid legal issues.
• Contract Management: Your understanding of US IP law could make you well-suited for roles involving the review and management of contracts related to licensing, partnerships, and intellectual property agreements.

What kind of recruitment and placement support will I get?

• Unique Training Method: We're the sole organization in India offering comprehensive, exercise-based courses.
• Employer Recognition: Many leading employers, law firms, and companies actively seek our high-performing students.
• Career Opportunities: Success in our courses can lead to job placements, internships, and assessment internships in esteemed law firms, with renowned lawyers, and various companies.
• Empowering Learners: We focus on empowering learners with not just knowledge and skills, but also real-world opportunities.
• Dedicated Support Team: Our dedicated team is here to assist you with placements, internships, and freelance opportunities.
• Proven Success: Between April 2021 and June 2023, we've helped over 21,000 students secure job and internship opportunities.
• Media Recognition: Our achievements have been featured in respected media outlets like The Hindu, Business World, and India Education Diary.
• Impressive Value: Our students have secured over Rs. 2.7 Crore (USD 330,000) worth of work, with records of INR 30 LPA (USD 37,500) domestically and INR 50 LPA (USD 62,500) internationally.
• Comprehensive Support: From day one, our placement team guides you in setting goals, crafting standout CVs, enhancing interview skills, and supporting your critical first month on the job or during an internship.
• Trusted Recruiters: We've built strong collaborations with recruiters who prefer hiring our well-trained students.
• Competitive Edge: Partnering with us gives you an edge in the job market and opens doors to exciting career prospects.

What is unique about this course?

• This course aims to impart specific paralegal skills to students as well as to law graduates and working professionals which would enable them to take on IP related work available on the internet and will instill in them the required confidence to generate a global clientele over the internet. 
• Apart from introducing you to IP laws in the US and teaching you specific paralegal work, we aim to guide you in developing your online presence as an IP paralegal through various freelancing platforms as well as through the sources such as Linked In, Facebook, etc. You shall be given access to various video lectures on navigating freelancing platforms such as Fiverr, People per Hour and UpWork. Additionally, live online classes would be conducted by some of the well established IP paralegals from India providing their services to global clients who would share their insights on the dos and don'ts of freelancing. They will also provide you with a step by step guide towards creating and maintaining your online presence. 
• By the end of this course, you can expect to have secured enough skills to be able to take up paralegal work assignments from small and medium sized companies in the US as well as law firms in the US looking to outsource work.
• This is an intensive course that demands your commitment. Successful completion of required assignments is necessary to earn the certificate. You should plan to invest 4-5 hours per week in skill development, along with attending classes.
• Our expert instructors will lead interactive classes with high-quality discussions. These discussions will not only clarify your doubts during classes but also outside through course groups and email.
• You'll receive personalized attention and coaching from assigned trainers. Additionally, a dedicated course anchor will assist you with submissions, guidance, and any issues you encounter as you progress through the course.
• Expect detailed feedback on your assignments, which will greatly enhance your performance.
• For doubt clarification, you'll have access to mechanisms beyond online classes, like a discussion forum where queries receive responses within 48 hours. A WhatsApp group will connect you with peers, batchmates, the course anchor, evaluator, and LawSikho's support team.
• Throughout the course, you'll develop your writing skills through six assignments. Exceptional pieces may even be published on the iPleaders blog, which attracts over a million monthly visitors. This opportunity can significantly boost your portfolio.

Can I get remote freelance work after doing this course?

• At LawSikho, we have two types of students: those who already possess good legal skills and those who are in the process of learning. We believe in enabling our learners to start earning from their knowledge without delay.
• For students with professional-level legal skills, we offer opportunities in contract drafting, data & privacy, international business law, US immigration law, litigation support, and international IP law work.
• However, we understand that acquiring professional-level skills takes time. For those who are still developing their legal skills, we provide alternative work opportunities such as writing articles, conducting research, legal transcription, data entry, law firm administration, social media management, and more. Some students even engage in tasks like voice-over work, data compilation, translation, and virtual assistance.
• We have established a dedicated team that actively pitches to organizations in the US to help LawSikho students find remote work.
• We have set up a US entity to bridge the trust gap between US legal professionals and an organization operating from India.
• We focus on getting learners their first three clients, guiding them in crafting impressive proposals. By the time they secure these initial clients, learners become well-adjusted to the process and can independently attract more clients.
• They build their CVs and profiles with real work experience and testimonials, opening doors to numerous opportunities.
• Getting started is often the hardest part, but at LawSikho, we make the process frictionless. We have witnessed law students earning well over $1000 per month.
• Some students have earned $500 in their first month as a side gig. We have students who, after a year, now earn $10,000 per month. While some may start with $300, they make progress by learning new skills, improving their profiles, and pitching for higher-paying work.
• Between April 2021 and June 2023, we created over 21000+ opportunities for our learners, resulting in thousands of students securing freelance work. The total value of work secured amounts to over $3,30,000 (Aprox INR 2.7 Crore). Additionally, hundreds of individuals found employment, and secured internships.
• Please note that these numbers represent the initial gigs facilitated directly by us or those on which we actively collaborated with the learners. Students have also secured additional work beyond our tracking

Here are a few examples of learners who secured remote freelance work

• Ankit Bhargava: A law graduate from B.R. Ambedkar University, Agra, 2016, was a struggling criminal lawyer, but he also started performing remote work for US clients through multiple platforms such as People per Hour and UpWork, Freelancer.com, etc. in January 2021, after enrolling in the course on US IP Prosecution, Enforcement and Licensing. In 3 months, he worked on 150 projects for more than 50 clients, across 35 countries, including US, Canada, most of the European Union, UK, Ukraine, Russia, Australia, earning USD 100 or more per project.
• Saumen Chakraborty: Saumen joined the course in May, 2022 and since then, have worked on various freelance opportunities such as drafting an Influencer Agreement between a Singapore based Brand and an Influencer Agency, Reviewing a Term Sheet for a Canadian based Investor LLC intended to invest in a Bangalore Based Software Company, Blog Writing on “Terms of Service of an Website”, translation of a 260 page Book “Standards of Care for the Health of Transgender and Gender Diverse People Version 8”, translation of 13 No. word files on “Personal-Cards-Debit Cards-Visa Classic Debit Card-Features'' project, legal Internship under Dr. Pradeep Kr. Rai, Vice-President, Supreme Court Bar Council, Legal Writing Internship with Jus Corpus Law Journal, etc.
• Muraleedharan R: A lawyer with 33 years of legal experience and a practice in Kerala, was doing service law matters, and his practice was impacted during the pandemic. Our team helped him create a freelance profile that was accepted, and he soon got projects for over USD 1200.

How will you clear my doubts and help me if I am struggling to understand or learn a concept?

• In our live classes, you can ask questions, share your screen, receive personal feedback, and have your doubts cleared.
• If you need more help after getting feedback on an assignment or want career advice, you can schedule a private one-on-one call. Our evaluators and mentors are here to assist you and give you advice that's tailored to your needs.

Specific learning objectives

• Learn how to conduct a trademark classification search according to the international NICE classification;
• Learn how to conduct a trademark availability/conflict search on the WIPO global brand database, the USPTO and the UKIPO databases for wordmarks as well as device marks; 
• Learn how to formulate a search report on the basis of the trademark search conducted and advice the client accordingly; 
• Learn how to draft a statement of use to be attached with applications for trademark registration where the applicant has been using the trademark from a date prior to the date of filing such application and learn how to adduce the relevant proofs; 
• Learn how to file an application at the USPTO through the Trademark Electronic Application system; 
• Learn how to file an international trademark application through the Trademark Electronic Application System International; 
• Learn how to respond to USPTO office actions in respect of trademarks and designs; 
• Learn how to respond to USPTO office actions in respect of patents for various domains such as automotives, mechanics, electronics, medicine, medical devices and telecommunication. 
• Learn how to draft a USPTO compliant notice of trademark opposition; 
• Learn how to draft a USPTO compliant counter statement; 
• Learn how to draft a UKIPO compliant notice of trademark opposition and the response thereof; 
• Learn how to draft a petition for cancellation of a trademark registration in the US; 
• Learn how to file an appeal at the United States Court of Appeals for the Federal Circuit against a Trademark Trial and Appellate Board decision; 
• Learn how to commence a civil action in a US District Court against a Trademark Trial and Appellate Board decision; 
• Learn how to draft a cease and desist notice for IP infringement in the US; 
• Learn how to deal with a UKIPO office action; 
• Learn how to draft a UKIPO complaint notice of opposition and the reply thereof; 
• Learn how to draft a cease and desist notice for IP infringement in  the UK;  
• Learn how to register an original copyrightable work at the Electronic Copyright Office of the US; 
• Learn about acts constituting domain name infringement such as cybersquatting, domain name hijacking, reverse domain name hijacking as well as about the Uniform Domain Name Dispute Resolution Policy (UDRP) of The Internet Corporation for Assigned Names and Numbers (ICANN);
• Learn how to identify the reliefs available in a domain name dispute and to strategize how to choose between them; 
• Learn how to draft UDRP complaints compliant with the UDRP supplemental rules and the responses thereof; 
• Learn how to draft and send a DMCA notice to a user generated content platform located in the US; 
• Learn how to draft a counter notice in response to a DMCA takedown notice
• Learn about the online privacy legislations in the US and learn how to draft US law compliant privacy policies, cookie policies and terms of use;
• Learn how to draft US compliant technology transfer agreements and learn about the various facets involved in a transfer of technology and the essentials of a transaction for transfer of a technology;
• Learn how to draft US law-compliant software development agreements, software license and End User License Agreements with appropriate IP clauses
• Learn how to advise creators and on how to protect and monetise their creations 
• Learn how to draft important copyright related agreements such as copyright licensing agreements, work for hire agreements, music distribution agreements, book publishing agreements and video game licensing agreements;; 
• Learn how to draft US-law compliant IP assignment and licensing agreements;
• Learn how to draft a work for hire agreement to hire someone for specific project-based work; 
• Learn how to draft an inventor’s agreement between an employer and an employee for the development of a patentable invention; 
• Learn how to draft a US-law compliant franchise agreement; 
• Learn how to draft a US-law compliant merchandising agreement; 
• Learn how to draft non disclosure agreements for the protection of trade secrets; 
• Learn about the criteria to determine patentability in the US and how to advise inventors accordingly; 
• Learn how to conduct patent related searches such as prior art searches to ascertain whether the invention meets the requirement of being novel and non-obvious, freedom to operate searches to make sure that a product or process used by one does not infringe the patent of another and prepare freedom to operate and competitive analysis reports; 
• Learn how to draft post grant review petition to be filed at the Patent Trial and Appeal Board; 
• Learn how to draft an inter partes review petition to be filed at the Patent Trial and Appeal Board; 
• Learn how to conduct patent proofreading to identify the errors in an issued patent in order to ensure enforceability of the patent; 
• Learn how to review a notice of allowance granted after the prosecution phase is over and the patent is about to be registered; 
• Learn how to draft an invention disclosure statement disclosing the existing prior art and other information that may be material to the patentability of the invention in a pending application; 
• Learn how to docket patents to effectively manage the patent application process;
• Learn how to advise creators of novel designs pertaining to the protection of their designs;
• Learn how to draft an application for the registration of design patents in the US;  
• Learn how to draft petitions for the re-examination of design patents at the USPTO; 
• Learn how to draft and file a complaint with the US International Trade Commission requesting to grant an exclusion order which would restrict the entry of the counterfeit goods into the US
• Learn how to draft a complaint claiming infringement of a trademark registered under the Lanham Act, 1946 and how to draft response for the same;  
• Learn how to draft a complaint claiming trademark infringement of an unregistered trademark and trade dress as per the relevant provisions of the Lanham Act and how to draft response for the same; 
• Learn how to draft a complaint claiming patent infringement and how to draft response for the same; 
• Learn how to draft a complaint for copyright infringement and learn how to draft response for the same; 
• Learn how to draft a complaint claiming design patent infringement and how to draft a response.

Money back guarantee

If you take this course, follow it diligently for a month, attend all classes and do all the exercises but still do not find value in it, or are not able to understand or follow it or not find it good for any reason, we will refund the entire course fee to you. It is a 100% money back guarantee with only one condition, you must pursue it properly for a month. If you don’t find it valuable after that, get your entire money back.

View Refund Policy

What kind of assignments will you get?

• A US national wishes to start the business of manufacturing and selling high quality toys. He wants to open various outlets across the US which will not only sell toys but will also serve confectionaries such as cake pops, donuts and beverages such as hot chocolates. He has come up with the name ‘Toys-R-Us’ for his business and wants to register the trademark for the same. For the purpose of filing the application, you need to conduct a classification search as well as an availability search for the selected trademark. Thereafter, you are required to present a search report to the client along with your opinion on the chances of success on the basis of the search conducted as well as the general principles of the trademark law. 
• In continuation of the abovementioned situation, you are required to file the trademark application for your client through the Trademark Electronic Application System of the USPTO. Had your client been using the trademark prior to applying for registration, would he be required to file any additional document? Draft the relevant document to be filed along with the application. Some months have passed since he started the business and now he wishes to expand the same to other European and Asian countries. Advise your client as to how this can be done and do the needful through the Trademark Electronic Application System International along with filing the other relevant documents. 
• Your client has applied for a trademark for which he has received a USPTO office action. In the office action, the examiner has cited certain legal problems with the application such as the specimen of use has not been submitted and the identification of goods for which the mark is to be used is indefinite and requires clarification as several clauses are too broad. The examiner has also refused the application on the ground that the applied mark is similar to a prior existing registration. Explain to your client how these objections can be overcome and draft the response dealing with all the objections. 
• You had filed a trademark application for your client for the mark for sale of toys at the USPTO to which you received an office action wherein an identical mark was cited which has been registered since 2013. On conducting a research about the cited mark, you found that the proprietor has not been selling toys but has rather been involved in the business of serving confectionery since the registration of the mark. Draft a petition for cancellation of the registration of the trademark at the Trademark Trial and Appeal Board on the ground of abandonment of the trademark in the class that it was filed for so that your client’s application can move forward without any impediments. 
• Your client owns a premium sportswear brand and is widely recognised as well known throughout the USA and the world. She has been using the trademark slogan JUST GET IT since 1990. Her brand provides a broad range of clothing, footwear, accessories, equipment, and other products and services relating to sports, fitness, lifestyle and fashion under the trademark JUST GET IT and has multiple trademark registration pertaining to the mark in the US. Your client has come across a trademark application for the mark ‘JUST BECOME IT’ for Clothing, namely, shirts, hats, pants, shorts, jackets, sweatshirts, swimwear, wrap-arounds. Your client wishes to oppose the registration of the above mentioned trademark as she thinks that the public will confuse the same with her mark. Inform your client of the chances of success of the opposition. Also, draft the notice of opposition against JUST BECOME IT. 
• One of the four directors of a company registered in the UK, without the consent of the other directors, filed a trademark application for the logo of the company with the intention to use the trademark for his personal benefit. The other directors came to know about this when the Application was published. Can the directors oppose this application on the basis of involvement of bad faith? Advice the directors regarding the recourse available to them against the applicant in accordance with the remedies available to them under the Trade Marks Act, 1994 of the UK. Draft the relevant document(s) and help the directors file the same at the correct forum. 
• A manufacturer and seller of cosmetics based in the US who uses locally sourced ingredients to make good quality skin care products had been planning to expand her business by starting to sell her products online on various E- commerce platforms. To her shock, she found cosmetics in a deceptively similar packaging as well an identical name as hers being sold on one of the major E-commerce platforms.  She does not intend to approach the court regarding this and wishes to know if there is a way through which the infringer can be stopped from continuing the act. Draft a cease and desist notice to be sent to the infringer asserting her rights in the packaging as well as the recourse that she could take if the infringer does not stop selling the products in a similar packaging. 
• A businessman in the US owns and operates an e-commerce platform for dairy goods and other groceries under the domain name ‘freshfirst.in’. It is well-known and respected in the market for its product quality. Another company called Fresh Edibles Pvt. Ltd. has registered its e-commerce platform selling similar goods as your client under the domain name ‘freshfest.in’. Your client has received communication from several customers complaining about the quality of confectionery delivered by freshfest.in, since they believe it to be affiliated to your client. Brief him about the available remedy under the Uniform Domain name Dispute Resolution Policy of the WIPO. Draft the UDRP complaint for your client in compliance with the supplemental rules of the  Internet Corporation for Assigned Names and Numbers (ICANN).  
• A graphic illustrator who applies the classic design principles of color, form, shapes, and layouts to organize and showcase original artwork has a page on Instagram where she posts her work. People interested in buying her prints directly message her and she sends the prints to their address. she recently came across this website called Printstock.com, which is a User Generated Content (UGC) platform, and was shocked to see that someone had made her illustrations available on the website for sale. Brief the illustrator about the takedown mechanism available for removal of infringing content from UGC platforms under the Digital Millennium Copyright Act (DMCA). Draft the complaint fulfilling all the requirements laid down under the DMCA and send it to the UGC platform. 
• ‘Aaron Says Fitness’ is a  website operating in the US that utilises information submitted by its users to create personalised fitness training regimens for them. They also sell fitness training equipment through its platform. It requires the submission of basic information such as name, age, biological sex, email address, physical address, and payment information for the creation of an account to use the website’s services. Further information such as height and weight of the user, favourite foods etc. is required to be submitted to accurately ascertain the fitness needs of the user and provide a suitable fitness regimen to them. The website also has an option to connect third-party social media accounts of the user to avoid manual filling of information and to allow users to easily share their progress with their friends. Draft a privacy policy as well as a cookie policy for the website in compliance with the data protection laws of the US.
• A software has been invented by a software company which allows medical professionals to share anonymized patient records with other professionals so that they can fill any gaps which may be preventing the best possible treatment of the patients and which uses artificial intelligence to analyze all available patient data to provide a probable diagnosis. A healthcare solution company wants to use the said technology in their system hardware and thus have approached the software company for the same. The software company wishes to know about the possible modes of transfer of the software, the ways in which the commercial understanding between the parties could be worked out, the rights that could be retained by the company, etc. On the basis of the terms negotiated between the parties, draft a technology transfer agreement between the companies. 
•  A game developer who is an employee of a video gaming company is working on the development of a strap-on device through which the gamer will be able to play the game as a player by being able to mirror his movements. The idea for the said device originated during the course of employment. The company wishes to enter into an agreement with the developer to insure that the rights in the device being developed lie with the company. Advise the company and draft an invention assignment agreement to be entered into between the inventor and the company. 
• A shop owner in Chicago wishes to commission an artist to paint the front wall of his shop. Since the work will be created by the artist, he is unsure as to who would the ownership for the work lie with. Advice the shop owner regarding the same and draft a work for hire agreement between the parties addressing the time within which the project is required to be completed, the manner of payment for the services, the ownership in the work to be created etc. 
• A tailor running two small shops in Seattle has designed a range of dresses which are really unique in form, texture and colours. He released the pictures of the same to some of his customers, one of whom owns a retail store chain all across the US. She is willing to sell these dresses at her stores in exchange for a recurring revenue for the tailor. The tailor is a little apprehensive about the deal and needs advice regarding the ownership of the IP in the design of the dress, his obligations and assurance about his revenue. Advise the tailor and draft a merchandise agreement between him and the retail store owner. 
• Bob’s Pizza, since opening 5 months ago has attained immense popularity in Pawnee, Indiana. The place has a very distinct set up and the variety of pizzas being sold is also very unique. From the uniforms of the waiters to the serving plates at the restaurant, everything is colour coordinated. A businessman located in another town, Eagleton wishes to open up another outlet of the same restaurant in his city. Advise the businessman on the kind of association this shall be and draft a franchise agreement specifically laying down the quality control measures, ownership of IP, obligations,  warranties and termination clauses. 
• Christopher Jenner, a novice writer based in the US, wrote his first book titled “A tryst with Fate”. The book is a fictional piece of work entailing the journey of a man and his tales as a famous surgeon. He gave a copy of the book to Mr. David, the editor of a publishing house, Kangaroo Books Inc., for publication. Mr. David has read the book and liked it. While the idea behind the story was not new, the manner of vivid narration and the plot of the novel was absolutely gripping and he wanted his company to publish this book. Having done his diligence and having found that the book written is original and not plagiarised, Mr. David wants to enter into a book publishing Agreement with Mr. Christopher Jenner to be able to publish the book in print as well as digital formats. Draft a book publishing agreement between the parties. 
• ‘StyleMe’ Pvt. Ltd. is a fashion company based out of Massachusetts.. It is looking to launch an application that allows users to upload their pictures to virtually try out the outfits and accessories offered for sale by them. Since they do not have the requisite technical expertise for this function, they have approached a freelancing professional for the development of the basic programmes and software their application would be based on. You are required to draft a software development agreement between the parties. 
• AllSpark Ltd. sells a software product called ‘ForgetMeNot’ which is an online file-storing software for users across the US. Users can download and make use of the said application onto their computers/mobile phones for a fixed price. AllSpark wishes to communicate to the users that it is the owner of all titles, rights and interest over the software and the users do not gain any ownership by downloading, installing, copying or using the product, that AllSpark grants its users a license to use the software which is non transferable and non-exclusive. Draft an end user license agreement for Allspark to be signed by its users. 
• A US citizen has developed a new idea of a patch for the treatment of cold sore or viral lesions. She conducted a search and found some prior art which is similar to her invention but her invention is more advanced in certain ways. She requires your assistance in filling up the Information Disclosure Form and submitting the same to the USPTO. 
• On November 17th 2020, USPTO granted the pending patent application as US Patent 10,835,942. The patent has been published in the official gazette. Prosecution history and documents are available on Public Patent Application Information Retrieval. You need to download the requested patent and proofread it for any possible errors and mistakes as well as prepare the error report. 
• Advise the following inventors about the patentability of their inventions: Newton realizes that things unhinged would fall to the ground. He realizes that this phenomenon occurs for each and every object on earth, irrespective of their size and shape. He coins the term “gravity” for said phenomenon. Newton wishes to get a patent over gravity; A person utilizes Einstein’s theory of relativity to develop the Global Positioning System (GPS); Andrew proposes a stairway to heaven, where the stairway and its construction had only been a concept without actual means for implementation. Andrew is in possession of exact steps (means) to achieve the invention. 
• One of your clients is an avid hiker and sometimes wishes to carry her personal items on a belt while she is hiking. What she has in mind is to create an expandable waist belt with a pouch formed from a single piece of seamless elastic fabric. It remains taut around the wearer's body during even the most rigorous physical activities, whether the pouch is holding one smaller item (such as a key) or multiple larger items (such as a cell phone, mp3 player, and/or money). When empty, the pouch is the same width and thickness as the belt holding the pouch in place. She wishes to file a patent for this but has approached you to conduct a patent search before she moves ahead with the application. What is the type of search you would conduct that can objectively determine patentability of the abovementioned invention, What are the search terms you would use and which are the public databases which you would use? Create a search report for your client based on your findings.
• Bangtan Corporation Limited is one of the leading manufacturers of advanced medicines in the US. The Company has created a drug called “Pareon” which can be used in the treatment of certain cancers. This drug interferes with the growth and spread of cancer cells in the body. The Company filed and received a patent for this drug. Big Hit Limited found out about this application 6 months after the patent grant. Big Hit wishes to oppose the application on the grounds that the invention claimed in the application is not novel and that it does not involve an inventive step. Draft a post grant review petition on behalf of Big Hit Limited at the Trademark Trial and Appeal Board. 
• Your client uses the trademark ‘Beauty+’ for his line of cosmetic products. Due to the mark being descriptive of his products, he was not able to get his mark registered on the principal register of trademarks maintained by the USPTO but was able to get it registered on the supplemental register owing to the use of the mark for almost half a decade. Your client recently came across a product by the name ‘Beauty Pro +’. The name of the product is not the only similarity between his product and the product that he has come across. The overall packaging of the goods is also the exact replica of his products. The Beauty+ range of products is sold in a very distinctive shade of turquoise. Due to the long and continuous use of the packaging, the same has come to be associated with the Beauty+ line of products. Your client wishes to stop Beauty pro+ from being sold in the markets as he feels that it is highly likely to be confused with his own products. Your client wishes to know that despite not being registered on the Principal register, does he stand a chance. of succeeding in this case. Moreover, since the registration is only on the words ‘Beauty+’, is there any way that the distinctive packaging of his goods can be protected? Advise your client and draft a complaint for him to be filed in the appropriate court. 
• Your client, the owner of a luxury accessory brand sells her perfumes and bags across the globe. She has recently gotten the information that counterfeit bags in the name of their brand are being imported into the US. She has a valid trademark registration in the US and wishes to curb the sale of these counterfeit goods. What measures will you advise her to take in this regard? Consequently, help her approach the custom protection authorities and get her trademark registration recorded with them so that they can ensure that these goods do not enter the US. Also, draft and file a complaint with the US International Trade Commission requesting to grant an exclusion order which would restrict the entry of the counterfeit goods into the US.

Certification

Certificate cobranded by Skill India + NSDC

This course is recognized by the National Skill Development Corporation, a PPP under the Ministry of Skill Development and Entrepreneurship of the Government of India.

You will receive a certificate cobranded by NSDC and Skill India on successful completion. This is how the certificate from NSDC and Skill India will look as per the current applicable format (may change as per the approval authorities):

Sample Certificate