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Trademark Principles
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Trademark Registration
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.
Non-Disclosure Agreement (NDA)
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.
Collective Mark
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.
Fair Use
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.
Dilution
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.
Arbitrary Trademark
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.
First to File
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.
Distinctiveness
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.
Trademark
A trademark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others.
Trade Name
A trade name is the name under which a business operates and is known to the public, distinguishing the business from others.
Descriptive Trademark
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.
Trademark Renewal
Trademark renewal is the process of renewing the registration of a trademark to maintain the legal protection of the mark beyond its initial term.
Trade Secret
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.
Secondary Meaning
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.
Service Mark
A service mark is a trademark used to identify and distinguish the services of one provider from those of others.
Office Action
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.
Certification Mark
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.
Trademark Infringement
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.
First to Use
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.
Generic Trademark
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.
Fanciful Trademark
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.
Trademark Licensing
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.
Likelihood of Confusion
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.
Trade Dress
Trade dress refers to characteristics of the visual appearance of a product or its packaging that signify the source of the product to consumers.
Suggestive Trademark
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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