United States Trademark law is primarily the product of common law. Federal and state laws exist to provide statutory rights and remedies to trademark users and registrants. However, these laws often codify the common law. Standing and remedies under federal and state trademark statutes are usually only granted if the trademark is sufficiently used in commerce. These features of the American trademark system create a unique environment that raises legal issues relating to unfair trade practices and consumer protection. However, the American system is often in tension with international trademark systems because systems outside the United States are based on registration as opposed to use. America is required to honor these "first-to-file" systems under the Paris Convention and the Madrid Protocol, but foreign registrants are often left without standing in American courts because of their limited use in commerce. This guide sets forth the basics of American trademark law and the law's interplay with foreign systems to provide researchers a guide to determine if American trademark law can truly be harmonized with international law. 

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The goal of this guide is to provide both new and experienced trademark researchers with understanding and guidance to explore the tension between the American common law of trademarks and international registration. 

This guide begins by providing several leading authorities in American trademark law. The author recommends this as the starting point for research so the user may familiarize themselves with major themes, concepts, and terminology in the American trademark system. The guide then provides the primary authority for trademark law, including federal and state statutes. The legislative history of federal trademark law should command special attention as a resounding theme throughout history is the preservation of the common law.The section proceeded with an overview of the Administrative aspects of trademark law governed by the United States Patent and Trademark Office and the Trademark Trial and Appeals Board. The administrative resources are provided to highlight registration considerations and procedure. The guide then provides an overview of the international treatise which the United States is currently a party to and select sources discussing the initial issue of territoriality. The hope is that these portions of the gudie will provide the researcher with sufficient background to talk the guide's presented question. 

After surveying the background information, the research is presented with a discussion of trademark basics that are essential to inform the researcher of the guide's presented question. These sections contain cases that are fundamental to the illustration and development of modern trademark law and should not be skipped. Finally, a review of the requirements for international registration under Federal trademark law are provided to the researcher before providing seminal cases relating to the issue. These cases should be read closely. Annotations are also provided for further and more nuanced research.