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Goodwill

separately, Morris v. Moss, (1855) LJ Ch 194. Goodwill cannot be divided so that part follows a special trademark; see Re Dobie & Son, Ltd., 52 RPC 333. Compensation for goodwill on quitting a tenancy is provided

Innocent junior user

Innocent junior user, means a person who, without any actual or constructive knowledge uses a trademark that has been previously used in a geographically distant market, and who may continue to use the trademark

Registered proprietor

as proprietor of the layout-design. [Semiconductor Integrated Circuits Layout-Design Act, 2000, s. 2 (o)] In relation to a trademark, means the person for the time being entered in the register as proprietor of the trademark. [Trade Marks

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principal register

principal register Primary trademark register of the USPTO. When a mark has been registered on the Principal Register, the mark is entitled

service mark

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

strong mark

strong mark : a trademark or service mark that is distinctive and is used in a fictitious, arbitrary, or fanciful manner in connection

opposition proceeding

a mark. An opposition is similar to a proceeding in a federal court, but is held before the Trademark Trial and Appeal Board, a USPTO administrative tribunal. Source: U.S. Patent and Trademark Office

examining attorney

and determines compliance with the legal and regulatory requirements of) an application for registration of a federally registered trademark Source: U.S. Patent and Trademark Office

abandonment

an author's relinquishment to the public domain of his or her copyrighted work c : relinquishment of a trademark established by a failure to use the trademark and an intention never to resume use d : the

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

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