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Trademark Law Essentials

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Trademark

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A trademark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others.

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Service Mark

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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.

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Collective Mark

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A collective mark is a trademark or service mark used by members of a cooperative, association, or other collective group to indicate membership.

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Trade Dress

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Trade dress refers to the visual appearance of a product or its packaging that signifies the source of the product to consumers.

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Certification Mark

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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.

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Trademark Infringement

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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.

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Likelihood of Confusion

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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.

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Genericide

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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.

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Dilution

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Trademark dilution is the weakening of a famous trademark's power due to unauthorized use on dissimilar products, even without proof of confusion.

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Descriptive Mark

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A descriptive mark directly describes a characteristic or quality of the good or service and is not initially protectable unless it acquires secondary meaning.

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Secondary Meaning

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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.

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Fanciful Mark

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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.

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Arbitrary Mark

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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.

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Suggestive Mark

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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.

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Concurrent Use

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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.

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Trademark Assignment

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Trademark assignment is the transfer of ownership of a trademark application or registration from one entity to another.

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Office Action

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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.

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Notice of Opposition

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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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