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Trademark Law Essentials
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Trademark
A trademark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others.
Service Mark
A service mark is a trademark used to identify and distinguish the services of one provider from those of others and to indicate the source of the services.
Collective Mark
A collective mark is a trademark or service mark used by members of a cooperative, association, or other collective group to indicate membership.
Trade Dress
Trade dress refers to the visual appearance of a product or its packaging that signifies the source of the product to consumers.
Certification Mark
A certification mark is used to show consumers that certain goods and services meet a defined standard as verified by a third party, rather than indicating the source of the product.
Trademark Infringement
Trademark infringement occurs when a trademark is used without the permission of the trademark owner in a manner that may cause confusion about the source of goods or services.
Likelihood of Confusion
Likelihood of confusion is a standard test to determine whether a person's use of a mark is likely to cause confusion in the minds of consumers about the source of the goods or services.
Genericide
Genericide occurs when a trademark becomes so common that it transforms into a generic term for a product or service and loses its trademark protection.
Dilution
Trademark dilution is the weakening of a famous trademark's power due to unauthorized use on dissimilar products, even without proof of confusion.
Descriptive Mark
A descriptive mark directly describes a characteristic or quality of the good or service and is not initially protectable unless it acquires secondary meaning.
Secondary Meaning
Secondary meaning occurs when consumers have come to recognize a descriptive mark as identifying the source of a product or service rather than just the product itself.
Fanciful Mark
A fanciful mark is an invented word or term that has been created for the sole purpose of functioning as a trademark and has no other meaning.
Arbitrary Mark
An arbitrary mark is a word that has an ordinary language meaning but is used in a way that does not describe or suggest the product or service with which it is associated.
Suggestive Mark
A suggestive mark suggests a quality or characteristic of goods and services without directly describing them and requires imagination, thought, or perception to reach a conclusion as to the nature of those goods or services.
Concurrent Use
Concurrent use refers to a situation where two parties are granted trademark rights by the USPTO to use the same or similar marks in different geographical areas or for different goods or services.
Trademark Assignment
Trademark assignment is the transfer of ownership of a trademark application or registration from one entity to another.
Office Action
An Office Action is a document written by a trademark examiner during the trademark application process, highlighting any issues that must be addressed for the application to proceed.
Notice of Opposition
A Notice of Opposition is a formal objection filed by a third party against the registration of a trademark, claiming that the registration would harm their own trademark rights.
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