intellectual property

Abandoned Application

Definition

Refers to the abandonment of a patent or trademark application. An application is removed from the docket of pending applications at the U.S. Patent and Trademark Office when the applicant (either directly or through his attorney or agent)...

Abandoned Property

Abandoned property: an overview

Personal property left by an owner who intentionally relinquishes all rights to its control. Real property may not be abandoned. See Adverse Possession.

At common law, a person who finds abandoned property may...

Abandonment (of Trademark)

Definition

Abandonment of a trademark occurs when the owner of the trademark deliberately ceases to use the trademark for three or more years, with no intention of using the trademark again in the future. When a trademark is abandoned, the trademark...

Abercrombie Classification

Definition

In the law of branding, a characterization scheme of trade designations in increasing order of distinctiveness: generic, descriptive, suggestive, and arbitrary or fanciful.

See alsoIntellectual propertyTrademark

Access

Definition

1) In terms of copyright, access refers to the ability of a potential infringer to see or obtain the copyrighted material. Access is important in determining whether a potential infringer has in fact illicitly copied the copyrighted material...

Anticipation

In patent law, anticipation refers to the prior invention or disclosure of the claimed invention by another, or the inventor's own disclosure of the claimed invention by publication, sale, or offer to sell prior to the inventor's application for a...

Attorney of Record

Definition

1) A lawyer who appears in court or receives pleadings and other formal documents on a party's behalf. Also known as counsel of record.

2) In patent and trademark law, a lawyer or agent named in a power of attorney filed by a patent or...

Author

In copyright law, an author is a person who creates an original expressive work. The author is also the owner of the copyright unless the author assigns ownership to another in a written agreement. Examples of authors include artists, writers,...

Bailment

A 'bailment' is a non-ownership transfer of possession. Under English Common Law, the right to possess a thing is separate and distinct from owning the thing. In some jurisdictions, an owner of an object can steal his own property, a curious result of...

Berne Convention

The Berne Convention for the Protection of Literary and Artistic Works is an international agreement governing copyright, signed in Berne, Switzerland on September 9, 1886. The Berne Convention aims to help nationals of its signing countries obtain...

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