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Service Mark - Law Dictionary Search Results

Home Dictionary Name: service mark

service mark

service mark : a mark (as a name) used esp. in advertising to identify and distinguish services (as transportation) of one person from another and to indicate the source of the services see also Trademark Act of 1946 in the Important Laws section compare trademark ...


descriptive mark

descriptive mark : a trademark or service mark that conveys the idea of the qualities, characteristics, or effects of a product or service and that is protectable when it creates an association in the mind of the public between the mark and the producer or product or service ...


mark

mark 1 : a character usually in the form of a cross or X that is made as a substitute for a signature by a person who cannot or is unwilling to write 2 : a character, device, label, brand, seal, or other sign put on an article or used in connection with a service esp. to show the maker or owner, to certify quality, or for identification: a : trademark b : service mark vt 1 : to fix or trace out the bounds or limits of [a landowner ing his boundary] 2 : to affix a significant identifying mark (as a trademark) to mark to the market 1 : to adjust (cash deposited with a lender of securities) to the prevailing market price 2 : to value (an option or futures contract) in accordance with the market value prevailing on the last business day of the year for tax purposes ...


weak mark

weak mark : a trademark or service mark that is descriptive or suggestive of the product or service and entitled to a lesser degree of protection than a strong mark compare strong mark ...


arbitrary mark

arbitrary mark : a trademark, service mark, or trade name that is not indicative of the nature of the goods or services ...


strong mark

strong mark : a trademark or service mark that is distinctive and is used in a fictitious, arbitrary, or fanciful manner in connection with a product compare weak mark NOTE: A strong mark is afforded greater trademark protection than a weak mark. ...


fanciful marks

fanciful marks Comprise terms that have been invented for the sole purpose of functioning as a trademark or service mark. Such marks comprise words that are either unknown in the language (e.g., "Pepsi", "Kodak", "Exxon") or are completely out of common usage (e.g., "Flivver"). Source: U.S. Patent and Trademark Office ...


goods and services

goods and services Goods are products. In the context of service marks, a service (1) must be a real activity; (2) must be performed to the order of, or for the benefit of, someone other than the applicant; and (3) the activity performed must be qualitatively different from anything necessarily done in connection with the sale of the applicant's goods or the performance of another service. Source: U.S. Patent and Trademark Office ...


collective mark

collective mark : a trademark or a service mark of a group (as a cooperative association) ...


Trade marks

Trade marks. by the Trade Marks Act, 1905 (English) (5 Edw. 7, c. 15), s. 3:-A 'mark' shall include a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination thereof.A 'trade mark' shall mean a mark used or proposed to be used upon or in connexion with goods for the purpose of indicating that they are the goods of the proprietor of such trademark by virtue of manufacture, selection, certification, dealing with, or offering for sale.A 'registrable trademark' shall mean a trade mark which is capable of registration under the pro-visions of this Act.Subject to the Trade Mark Acts, the owner of a trademark has a right to its use in connection with the goods associated with it, whether or not it is registered or registrable by him, and if that right is infringed by a sale of other goods under his mark, or a colourable imitation or otherwise so as to be calculated to deceive a purchaser that those goods are goods of his manufacture, sale or mark, the ...


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