intellectual property

rule of doubt

The Rule of Doubt is a U.S. Copyright Office rule that presumptively accepts copyright registration of a claim containing software object code, even though the Office cannot verify whether the software object code contains copyrightable work...

secondary meaning

A secondary meaning is an additional meaning acquired by a non-distinct trademark through its commercial use. To acquire federal trademark protection, a non-distinctive mark must become associated with a single commercial source in the minds...

service mark

Definition

A mark used to distinguish the services provided by one person or company from services provided by others. Service marks serve the same purposes as trademarks, but they are used to identify services rather than goods.

Overview

A...

small entity

Under U.S. patent law, the fees to be paid to the patent office (USPTO) depend on the applicant’s status. For the purposes of paying patent fees, 37 CFR 1.27, explains that to qualify as a small entity, one must either be:

An...

sound recording

Under the Copyright Act, a sound recording is defined as a work consisting of a series of musical, spoken, or other sounds, fixed in a tangible medium (e.g. a disk, tape, or phonorecord). However, the sounds accompanying a motion picture or...

specification

Specification in a legal context means:

The action of providing a detailed statement under a contract regarding quality, measurements, or otherwise. Concerning patents, it is the section of the patent application that describes how an...

statutory subject matter

To qualify as patentable subject matter, an invention must satisfy two criteria: statutory, and judicial.

35 U.S.C. Section 101, requires that to qualify as statutory subject matter, the subject matter of the invention must...

sui generis

Sui generis is a Latin expression that translates to “of its own kind.” It refers to anything that is peculiar to itself; of its own kind or class. In legal contexts, sui generis denotes an independent legal classification.

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Supplemental Register

Supplemental Register is the secondary register of trademarks maintained by the United States Patent and Trademark Office (USPTO). The Supplemental Register provides limited trademark rights and benefits and consists of marks that do not...

temporary restraining order (TRO)

Temporary restraining orders (TROs) are a type of short-term injunction issued to prevent a party from taking a certain action until the court is able to issue a more enduring order, such as a preliminary injunction. TROs are a type of...

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