Greenberg & Lieberman
Intellectual Property and Litigation

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Tradenark Glossary Terms - helpful related terms

Canceled

Definition:
Trademark registration is no longer viable. It may be due to the registrant's failure to file the required continued use affidavit under Section 8 of the Trademark Act,

Notice

Definition:
A formal sign or notification attached to physical objects that embody or reproduce an intellectual property right -- for example, the use of the word "patent" or its abbreviation, "pat.," together with the patent number, on a patented article made by a patent holder or his/her licensees.

PrinTEAS

Definition:
A former feature of the USPTO's electronic filing system that allowed applicants to complete a trademark application on-line, and then print it out for mailing to the USPTO.

Fanciful Marks

Definition:
Comprise terms that have been invented for the sole purpose of functioning as a trademark or service mark.

Trade Name

Definition:
A symbol used to identify and distinguish companies, partnerships, and businesses, as opposed to marks used to identify and distinguish goods or services.


Functionality

Definition:
That aspect of design that makes a product work better for its intended purpose, as opposed to making the product look better or to identifying its commercial source. 

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Daily Terms

Opposition Proceeding

Definition:
A proceeding before the Trademark Trial and Appeal Board in which the plaintiff seeks to prevent the issuance of a registration of a mark.

Misappropriation

Definition:
A common law form of unfair competition in which an individual or firm copies or appropriates some creation of another that is not protected by patent, copyright, or trademark law, or any other traditional theory of exclusive rights.

Contributory Infringement

Definition:
Indirect infringement of intellectual property rights in which one person contributes to the direct act of infringement of another.

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