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Trademark Principles

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Trademark Registration

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Trademark registration is the process by which a trademark is officially recognized and listed in a country's register of trademarks, thereby providing legal benefits and protection.

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Non-Disclosure Agreement (NDA)

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A non-disclosure agreement is a legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with each other but restrict access to third parties.

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Collective Mark

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A collective mark is used by members of a cooperative, association, or other collective group to indicate membership in the group or to identify and distinguish the goods or services of members from those of non-members.

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Fair Use

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Fair use in trademark law refers to the use of a protected mark without permission under certain conditions, especially where the use is not commercial or is for commentary, criticism, or parody.

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Dilution

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Dilution is a trademark violation that occurs when the use of a mark or trade name lessens the unique and distinguishing quality of a famous trademark without necessarily causing customer confusion.

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Arbitrary Trademark

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An arbitrary trademark consists of a word or image that already exists but is applied in a way that has no logical relationship to the product or service.

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First to File

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The 'first to file' principle awards trademark rights to the entity that files a trademark application first, rather than the one who uses the mark first.

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Distinctiveness

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Distinctiveness refers to how easily a trademark can be recognized as indicating the source of a product or service, thus distinguishing it from others in the market.

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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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Trade Name

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A trade name is the name under which a business operates and is known to the public, distinguishing the business from others.

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Descriptive Trademark

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A descriptive trademark directly describes a characteristic or quality of the underlying product or service, and can only be protected if it has acquired distinctiveness.

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Trademark Renewal

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Trademark renewal is the process of renewing the registration of a trademark to maintain the legal protection of the mark beyond its initial term.

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Trade Secret

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A trade secret is a formula, practice, process, design or compilation of information not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors or customers.

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Secondary Meaning

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Secondary meaning occurs when a descriptive trademark has become associated with the products or services over time, such that the mark serves as a symbol of the source in conjunction with its original meaning.

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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.

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Office Action

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An office action is a document from a trademark office in response to a trademark application indicating any procedural or substantive issues with the application that must be addressed by the applicant.

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Certification Mark

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A certification mark is used to show consumers that certain goods and/or services, or their providers, have met particular standards set by the owner of the mark.

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Trademark Infringement

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Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.

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First to Use

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The 'first to use' principle awards trademark rights to the entity that uses the mark in commerce first, rather than the one who registers it first.

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Generic Trademark

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A generic trademark is a mark that has become the generic name for, or synonymous with, a general class of product or service, usually losing its trademark protection.

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Fanciful Trademark

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A fanciful trademark is a made-up word or logo created solely to function as a trademark and has no meaning outside of its use as a trademark.

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Trademark Licensing

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Trademark licensing is an agreement whereby the trademark owner (licensor) grants permission to another (licensee) to use the mark on terms specified in the license.

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Likelihood of Confusion

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The likelihood of confusion exists if consumers are likely to be misled about the source of the goods or services because of the use of a similar mark.

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Trade Dress

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

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Suggestive Trademark

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A suggestive trademark hints at the nature or a characteristic of the goods or services, requiring imagination to connect it to the products, thereby deemed inherently distinctive.

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