Trademark - Law Dictionary Search Results
Home Dictionary Name: trademarktrademark
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...
trademark act
trademark act Trademark Act of 1946 (currently contained in Chapter 22 of Title 15 of the United States Code); the major body of U.S. law that governs federal registration of trademarks. Source: U.S. Patent and Trademark Office ...
application (trademark)
application (trademark) Document by which a person requests a federal trademark registration. To receive a filing date, an application must include (1) the applicant's name, (2) a name and address for correspondence, (3) a clear drawing of the mark sought to be registered, (4) a list of the goods or services, and (5) the application filing fee. Source: U.S. Patent and Trademark Office ...
trademark trial and appeal board
trademark trial and appeal board An administrative tribunal at the USPTO. It has jurisdiction over appeals from decisions of the Trademark Office, as well as opposition proceedings and cancellation proceedings. Source: U.S. Patent and Trademark Office ...
Trademark
Trademark, includes a registered as well as unregistered trademark, State of Orissa v. Ram Nath, AIR 1972 SC 232: (1972) 1 SCC 130.Trademark, means a word, phrase, logo, or other graphic symbol used by a manufacturer or seller to distinguish its product or products from those of others, Black's Law Dictionary, 7th Edn., p. 1500....
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 ...
eteas
eteas The USPTO's "electronic Trademark Examination Application System" - electronic trademark filing system. It allows the public to complete various trademark filings and transactions on-line. Source: U.S. Patent and Trademark Office ...
intent to use
intent to use Applicants who have not yet used the trademark they wish to register may file an "intent to use" trademark application. An "intent to use" application must include a sworn statement (usually in the form of a declaration) that applicants have a bona fide intention to use the mark in commerce. 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 ...
mere descriptiveness
mere descriptiveness Statutory basis for refusing registration of trademarks and service marks because the proposed mark merely describes an ingredient, quality, characteristic, function, feature, purpose or use of the specified goods or services. With regard to trademark significance, matter may be categorized along a continuum, ranging from marks that are highly distinctive to matter that is a generic name for the goods or services. Source: U.S. Patent and Trademark Office ...
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