trademark law

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)...

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

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...

Cease and Desist Letter

A cease-and-desist-letter is a cautionary letter sent to an alleged wrongdoer describing the alleged misconduct and demanding that the alleged misconduct be stopped. A cease-and-desist letter provides notice that legal action may and will be taken if...

Certification Mark

Definition

A mark used in commerce by a person other than its owner to identify goods or services as being of a particular type.

Overview

Certification marks are protected and regulated as a type of trademark under the Lanham Act, but serve a...

Claim

1. A set of operative facts creating a right enforceable in court. Though generally synonymous with cause of action, "claim" is slightly broader because it captures not only wrongs with standard names (e.g., battery), but also newly created rights...

Claims

A patent claim is a formal description of the novel features of an invention and of the scope of protection created by the patent.

Clean Room

Definition from Nolo’s Plain-English Law DictionaryA method of developing proprietary material in which an isolated development team is monitored. The purpose is to provide evidence that similarities to others works or products are due to legitimate...

Collective Mark

Definition

A type of trademark used by members of a collective, association, or other organization to indicate membership and/or to distinguish the goods and services of members from those of non-members.

Overview

A collective mark is a type of...

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