Service Mark - Law Dictionary Search Results
Home Dictionary Name: service mark Page 1 of about 30 results ( seconds)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 ...
trademark
trademark : a mark that is used by a manufacturer or merchant to identify the origin or ownership of goods and to distinguish them from others and the use of which is protected by law see also dilution, infringement, strong mark, weak mark Trademark Act of 1946 in the Important Laws section compare copyright, patent, service mark NOTE: The Patent and Trademark Office registers trademarks and service marks that are used in interstate commerce or in intrastate commerce that affects interstate commerce. There are also state registration statutes for marks used in intrastate commerce. A trademark or service mark need not be registered for an owner to enforce his or her rights in court. The common law recognizes ownership of a trademark, established by actual and first use of the mark, but it extends only to the areas or markets where the mark is used. Federal registration of a trademark gives rise to a federal cause of action for infringement in addition to the common-law claim. Regist...
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 ...
trade name
trade name : a name or mark that is used by a person (as an individual proprietor or a corporation) to identify that person's business or vocation and that may also be used as a trademark or service mark NOTE: Like a trademark or service mark, a trade name is protected by law against infringement. A trade name that has been used for at least 6 months can be recorded with the Customs Bureau, and any infringing imports will be barred. ...
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. ...
suggestive
suggestive : giving a suggestion or making a hint: as a : being a trademark, trade dress, trade name, or service mark that requires the consumer to use thought and imagination to perceive the nature of the product or service NOTE: Suggestive marks are entitled to trademark protection without proof of secondary meaning. b : relating to or being a lineup that in some way suggests to the witness which member of the lineup is in fact the defendant ...
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 ...
likelihood of confusion
likelihood of confusion A statutory basis for refusing registration of a trademark or service mark because it is likely to conflict with a mark or marks already registered or pending before the U.S. Patent and Trademark Office (USPTO). The principal factors considered in determining whether there is a likelihood of confusion are: (1) the similarity of the marks; and (2) the commercial relationship between the goods and/or services listed in the application. Source: U.S. Patent and Trademark Office ...
- << Prev.
- Next >>