U.S. Patent and Trademark Office Accepts Intellectual Property Law Clinic into Program Offering Students the Opportunity to Practice Trademark Law at the Federal Level

Beginning this semester, Wake Forest Law students will have the opportunity to practice trademark law before the United States Patent and Trademark Office following the Intellectual Property Law Clinic’s recent acceptance into the Law School Clinic Certification Program. The program will grant limited recognition for Wake Forest Law students enrolled in the Intellectual Property Law Clinic to provide pro bono representation to inventors, entrepreneurs, and small businesses in filing trademark applications before the USPTO.

Under the supervision of Associate Clinical Professor Zaneta Robinson (JD ’03), who launched the clinic in Fall 2021 and serves as its founding director, students assist clients with the clearance, protection, and management of copyright, trademark, and related intellectual property rights. The clinic offers Wake Forest Law students an opportunity to bridge the gap between their doctrinal courses and real-world intellectual property law practice. Its inclusion in the USPTO program means that clinic students will now have the unique chance to gain experience drafting and filing trademark applications at a federal level, communicating with Trademark Examining Attorneys about those applications, and drafting briefs in response to Office Actions or initial refusals to register.

“Since we launched the Intellectual Property Law Clinic, Wake Forest Law students have provided legal assistance to a number of entrepreneurs and small businesses in North Carolina who otherwise would not have been able to access or afford legal counsel,” said Robinson. “The clinic will continue to assist these types of clients in our state, but through our participation in the USPTO program, we’re now positioned to also serve trademark applicants throughout the country. This is transformational in terms of expanding both the scope of our students’ experiences and of the impact they’re able to make for those who need legal services.”

The ability to practice before the USPTO under Robinson’s supervision will also offer many students one of their first opportunities to see their names on a federal legal filing to which they’ve contributed. And since clinic students can be named on the filings, they receive the same communications from the USPTO as Robinson, who serves as the attorney of record, and are able to observe firsthand how the trademark application process unfolds. Students also have the benefit of the USPTO granting their filings expedited review — versus the typical 12- to 18-month review process for practicing attorneys and pro se applicants — to increase the likelihood that they will be able to work on most, if not all, of an application process.

“Because the Intellectual Property Law Clinic is a part of this program, our students will now have direct exposure to Trademark Examining Attorneys and other USPTO staff. This kind of experience helps them develop the practice-ready skills they’ll use in whatever path they choose to pursue after graduation,” said Robinson. “The USPTO also offers other formative opportunities for students throughout the year, like the chance to observe an appeal board hearing before a panel of administrative law judges, as well as networking events with trademark and patent examining attorneys, USPTO officials, and members of the human resources team.”

For Megan Cobb (JD ’22), the chance to hone her skills and deepen her understanding by working with real clients facing real legal challenges is what drew her to apply for the clinic as soon as she heard that it would be launching.

“A lot of things in law school are theoretical or hypothetical, so it’s helpful to have concrete experiences,” said Cobb, whose interest in intellectual property began during her career in theater and the arts prior to attending law school.

But Cobb says it was ultimately her experience serving on the jury for a murder trial in 2018 that led her to apply to law school, and underscored for her the value of real-world exposure to working in the law.

“It’s important during law school to get actual experience talking to clients, because many things are somewhat removed in law school and often theoretical,” said Cobb. “It’s hard to recreate circumstances as opposed to actually experiencing them. I do think it’s really wonderful that Professor Robinson puts the student teams at the front, and makes sure that even though we are practicing under her supervision, that the clients know we are there to represent them.”

While the clinic’s primary aim is to provide an environment where students can engage in rigorous, hands-on legal practice that develops their skills and confidence, it also provides a firsthand experience of how they can make a positive difference in the lives of others.

“The goal is to strike a meaningful balance for the students,” said Robinson. “Many clinic students are 3Ls, and they are getting ready to go out into the community. We want to remind them that they not only have a very valuable tool in their legal education, but that they are also here to serve those who may not be able to access or afford legal counsel.”

The USPTO’s acceptance of Wake Forest Law’s clinic into its program brings the total number of participating clinics across the country to 59. While any ABA-accredited law school can apply to the program, applications are assessed based on a law school’s intellectual property curriculum, as well as the ability of its faculty to seamlessly represent clients as cases transition between students and academic semesters.

Wake Forest Law’s historically strong experiential learning offerings, paired with its longstanding expertise in intellectual property and technology — which was bolstered further this year with the addition of Robinson and Professor Keith Robinson to the faculty — put the law school in a strong position to be accepted into the program. It was also the result of a clear vision from long-time faculty members and law school leadership to continue to grow Wake Forest Law’s commitment to innovation and entrepreneurship.

“Professor Simone Rose has long advocated for an intellectual property-focused clinic at Wake Forest Law, and Dean Jane Aiken, a clinician herself, was extremely supportive of the idea,” said Robinson, who led the application process with assistance from Clinical Administration Manager Sonya Casstevens and Clinic Coordinator Iris Still. “Without their vision, we would not have been able to provide this opportunity for our students.”

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