Trademark Glossary old 2
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A
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
The transfer of ownership of a trademark from one party to another, which must be recorded with the USPTO.
C
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
The process of searching for potential conflicts with existing trademarks before using or applying to register a new mark.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
D
A trademark that was abandoned during the application process or has been cancelled or expired and is no longer protected.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
The weakening of a famous mark’s ability to identify and distinguish goods or services, even in the absence of competition or likelihood of confusion.
A statement that the applicant does not claim exclusive rights to an unregistrable portion of the mark, such as a generic term.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
A clear depiction of the mark you want to register, required as part of the trademark application.
E
A trademark that was abandoned during the application process or has been cancelled or expired and is no longer protected.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
The USPTO attorney who reviews the trademark application to determine if it meets the legal requirements for registration.
The weakening of a famous mark’s ability to identify and distinguish goods or services, even in the absence of competition or likelihood of confusion.
A statement that the applicant does not claim exclusive rights to an unregistrable portion of the mark, such as a generic term.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
F
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Filing Date is the date that your trademark application was filed. It is also known as a trademark’s priority date.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
G
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
I
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
One of the 45 categories of goods and services used to classify trademarks, established under the Nice Agreement.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
L
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
The key test for determining if a trademark is registrable, based on whether it is likely to cause confusion with a pre-existing mark.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
M
An international treaty that allows a trademark owner to seek registration in any of the member countries by filing a single application.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
A mark that describes an ingredient, quality, characteristic, function, feature, purpose, or use of the specified goods or services.
The process of watching for potentially infringing uses of a mark by others in the marketplace.
N
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Issued for an intent-to-use application that has been approved, giving the applicant 6 months to file a Statement of Use.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
O
A letter from the USPTO examining attorney outlining any legal issues with the application that must be addressed for the mark to register.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
P
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
The primary register of trademarks maintained by the USPTO, which provides the highest level of protection for trademarks.
The seniority of rights in a mark based on the date of first use in commerce or the filing date of the application.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
The 30-day period after a mark is approved when third parties can oppose its registration.
R
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
The official document issued by the USPTO to show that a mark has been registered.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
S
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
A type of trademark used to identify and distinguish the source of a service rather than a product. Example: The McDonald’s “Golden Arches” logo is a service mark for restaurant services.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
A real-world example showing how the trademark is actually used in commerce on or in connection with the goods/services.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Filed to show that an allowed intent-to-use mark is now being used in commerce, as is required for the mark to officially register.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
A mark that suggests a quality or characteristic of the goods or services, but requires some imagination or thought to reach a conclusion about the nature of the goods or services.
A secondary register for trademarks that are not yet eligible for the Principal Register, such as descriptive marks.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
T
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Allowing another party to use your trademark, typically in exchange for royalties, while you retain ownership of the mark.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
Lorem Ipsum is simply dummy text of the printing and typesetting industry.
The administrative tribunal within the USPTO that handles trademark disputes, such as oppositions and cancellations.
A
When a trademark application is no longer pending or a registration is no longer enforceable due to the applicant or registrant’s failure to take required action.
When a descriptive mark becomes distinctive of the applicant’s goods or services over time through extensive use and promotion.
A claim made about a product or service in print, on the internet, broadcast, or in a similar public medium. These claims are sometimes challenged under trademark law as false advertising.
A type of liability coverage in business insurance that protects against certain intellectual property offenses, including trademark infringement, copyright infringement, and disparagement.
A sworn statement filed with the USPTO that the mark is being used in commerce, either with the initial application or after a Notice of Allowance
A change made to a trademark application, such as changing the mark, the goods/services, or the owner’s name.
B
The legal basis for filing the application, such as actual use in commerce (Section 1(a)) or intent to use the mark (Section 1(b)).
C
A situation where two or more parties have the right to use the same or similar marks for related goods or services, but in geographically distinct areas
D
A trademark that was abandoned during the application process or has been cancelled or expired and is no longer protected.
A term that immediately conveys information about an ingredient, quality, characteristic, function, feature, purpose, or use of the specified goods or services.
The weakening of a famous mark’s ability to identify and distinguish goods or services, even in the absence of competition or likelihood of confusion.
A statement that the applicant does not claim exclusive rights to an unregistrable portion of the mark, such as a generic term.
A clear depiction of the mark you want to register, required as part of the trademark application.
Trademark registrations last for 10 years, but can be renewed indefinitely as long as the mark remains in use.
E
The USPTO attorney who reviews the trademark application to determine if it meets the legal requirements for registration.
G
When a trademark becomes the generic name for the goods or services it represents, and thus loses its distinctiveness and legal protection.
The products and/or services for which the trademark is used, identified in the application by their international class number(s).
I
The specific listing of the goods and services for which the trademark is used, which determines the scope of protection.
A trademark application filed based on the applicant’s intent to use the mark in commerce in the future, rather than current actual use.
One of the 45 categories of goods and services used to classify trademarks, established under the Nice Agreement.
The key test for determining if a trademark is registrable, based on whether it is likely to cause confusion with a pre-existing mark.
M
An international treaty that allows a trademark owner to seek registration in any of the member countries by filing a single application.
A mark that describes an ingredient, quality, characteristic, function, feature, purpose, or use of the specified goods or services.
N
Issued for an intent-to-use application that has been approved, giving the applicant 6 months to file a Statement of Use.
O
A letter from the USPTO examining attorney outlining any legal issues with the application that must be addressed for the mark to register.
P
The primary register of trademarks maintained by the USPTO, which provides the highest level of protection for trademarks.
The seniority of rights in a mark based on the date of first use in commerce or the filing date of the application.
The effective filing date of the trademark application, used to establish priority over later-filed applications.
The 30-day period after a mark is approved when third parties can oppose its registration.
R
The official document issued by the USPTO to show that a mark has been registered.
S
Filed after 5 years of registration to make the mark “incontestable,” providing greater legal protection.
Filed between the 5th and 6th years after registration and with each renewal to show the mark is still in use.
A type of trademark used to identify and distinguish the source of a service rather than a product. Example: The McDonald’s “Golden Arches” logo is a service mark for restaurant services.
A real-world example showing how the trademark is actually used in commerce on or in connection with the goods/services.
A trademark registration that protects the word(s) in the mark, regardless of font, style, size, or color. Example: “NIKE” registered as a standard character mark.
Filed to show that an allowed intent-to-use mark is now being used in commerce, as is required for the mark to officially register.
A trademark registration that protects a specific stylized representation or design element of the mark. Example: The Coca-Cola script logo registered as a stylized mark.
A secondary register for trademarks that are not yet eligible for the Principal Register, such as descriptive marks.
A mark that suggests a quality or characteristic of the goods or services, but requires some imagination or thought to reach a conclusion about the nature of the goods or services.
T
The Trademark Electronic Application System, the online portal through which trademark applications are filed with the USPTO.
A word, phrase, symbol, design, or combination thereof that identifies and distinguishes the source of goods or services of one party from those of others. Example: The Nike “swoosh” logo is a well-known trademark .
The transfer of ownership of a trademark from one party to another, which must be recorded with the USPTO.
The process of searching for potential conflicts with existing trademarks before using or applying to register a new mark.
Allowing another party to use your trademark, typically in exchange for royalties, while you retain ownership of the mark.
The process of watching for potentially infringing uses of a mark by others in the marketplace.
A service that watches for potentially infringing trademark filings or uses in the marketplace and notifies the trademark owner.
Symbols used to indicate that a word, phrase, or logo is being used as a trademark (TM), service mark (SM), or is a registered trademark (®).
The administrative tribunal within the USPTO that handles trademark disputes, such as oppositions and cancellations.
U
The United States Patent and Trademark Office, the federal agency responsible for granting U. S. patents and registering trademarks.