Trademark Law Glossary

To navigate this glossary, either: (1) click on a link from the master list below, or (2) turn to one of the following sections:
A - B - C - D - E - F - G - H - I - J - K - L - M - N - O - P - Q - R - S - T - U - V - W - X - Y - Z

Alphabetical Listing

A Abandonment of a mark Acquiescence Action (or "office action") Actual confusion Advertising, comparative Advertising injury Aesthetic functionality Affirmative defenses Affixation requirement Alternative dispute resolution Amendment to Allege Use Answer, in a lawsuit Anti-Dilution statutes Arbitrary marks Arbitration Assignee Assignment of trademark Assignment, in gross Assignor Assumed name Attorneys' fees Attorney-client privilege Availability opinion Average purchaser test B Bad faith Balance of harms Barring importation of goods Benelux registration system Blackout period Book titles Brand name C Cancellation of trademark Causes of Action Cease and desist letter Certification mark Characters, protection of Class or International classes Clearance Opinion Coined terms Collective mark Color, protection of Combined application Commissioner Common law Comparative advertising Complaint, in a trademark lawsuit Concurrent use Concurrent use proceeding Concurrent use registration Conflicts between trademarks Confusion (Confusingly similar) Constructive notice Constructive use Contributory infringement Control of quality in licensing Copyright Corporate name Correcting mistakes in a registration Costs as damages Costs, estimating legal fees Counterfeit Goods CTM (EU Registration Treaty) Customs Service, role as remedy D Damages Date of first use Date of first use in commerce Dates, priority Deceptive marks Deceptively misdescriptive marks De facto secondary meaning Defendant's profits as damages Defenses to infringement Defenses to dilution De minimis use Depository libraries Description of goods or services Descriptive marks Designs, protection of Design codes Dilution Statutes Disclaimer, in a registration Disclaimer, with use of a competitor's mark Distinctiveness Distinctiveness requirement Documenting first use Domain dispute policy Domain name Domain name hijacking Domestic representative Drawings, protection of Drawing page of trademark application E Encircled-R (The â symbol) Equitable defenses Equitable relief Error by the Trademark Examiner Estoppel European Community Trademark Evaluation of Search Results Examination, of application Examiner's amendment Examining Attorney Exceptional cases Exclusion orders from the ITC Exclusive license Exclusive licensee Exclusive licensor Exclusive ownership Exclusive rights Ex parte seizure of counterfeit goods Extraterritorial jurisdiction F Fair Use Family of Marks Famous mark Fanciful terms Federal versus state trademarks Filing date, obtaining Final order, appealability of First amendment as defense First use dates Forbidden marks Foreign applicants, requirements Foreign equivalents, doctrine of Foreign terms, protection of Fraud Functionality defense G GATT (General Agreement on Tariffs & Trade) Generic marks Genericness as a defense Genericide Geographically remote area Geographical terms, protection of Geographical territory Good faith defense Goodwill Goodwill, assignment without Goodwill, harm to Grammar when using marks Gray-market goods Grounds for cancellation Grounds for dilution lawsuits Grounds for infringement Grounds for opposition Grounds for unfair competition I Identifying source Immoral marks Importation restrictions Ingredients, protection of In gross assignment Incontestability Indemnification of licensee Infringement Inherent distinctiveness Injunctive relief Inspection of licensee's goods Intellectual property Intent of the defendant Intent to Use application Inter partes proceedings Interference proceedings International class Interstate commerce International Trademark Association (INTA) International Trade Commission International Treaties Internet trademark issues Internic (Network Solutions) Interstate commerce Intra-state commerce Invalid assignment Irreparable harm J Joint ownership Judicial estoppel Junior user Jurisdiction L Laches, defense of Labels, protection of Lanham Act Legal strength of a mark Letters, protection of License Licensee Licensor Likelihood of Confusion Test Lingual marks Litigation Lost profits, as damages M Madrid Agreement Mark Material change Materiality Measure of damages Misappropriation Misdescriptive marks Misspelled words as marks Mistakes in registration Misuse of trademark		Monetary relief Monopoly Monopolization, defense of Motivation of purchasers Multiple-class application Music, protection of Musical notes N Naked assignment Naked license Nameholder corporation Name reservation Natural expansion Network Solutions (Internic) New York Rule, the Noerr-Pennington Doctrine Nonexclusive license Nonfinal order Nonpurchaser confusion Notice Notice of Allowance Notice of Publication Numbers, protection of O Office Action Official Gazette Opposition Proceeding Oral assignment of trademarks Oral license of trademarks Ordinary designs & distinctiveness Ownership, acquisition of Ownership, proof of Ornamentation P Packaging, protection of Palming off Parallel Imports Paris Convention Treaty Parody Partial cancellation Passing off Patent and Trademark Office Patent Patent attorney Penalties Personal jurisdiction Personal names Petitioner Physical features, protection of Plaintiff Plaintiff's lost profits as damages Pleadings Preemption Prejudgment interest Preliminary injunction Presidents’ names, protection of Presumption of irreparable harm Presumption of validity of mark Presumptions in inter partes proceedings Pretrial motions Primarily geographically descriptive Principal Register Priority date Prior registration Prior rights Prior use Privacy rights Product changes Product design Product line expansion Product recall Products liability when licensing a mark Prohibiting infringing use Proof of damages Protectability of mark Protective order Protest letter to USPTO Proximity Publication of trademark Public interest in injunctions Public use Publicity rights Punitive damages Purchaser Q Quality assurance Quality of defendant's goods R â symbol (encircled R) Reconsideration and appeal Recording assignments Recording marks with Customs Register, Principal Register, Supplemental Registration Rejection by Trademark Examiner Rejection of appeals Related company Relevant universe Remedies for dilution Remedies for infringement Remote-area second user Renewal of registration Reserving a name Restoring jurisdiction to the examiner Response Reverse confusion Right of priority Royalty as damages S Sales as establishing priority Sampling in surveys Sanctions, rule Scope of search in trademark law Search Secondary meaning Section 2(f) claim Section 8 affidavit Section 15 affidavit Security interest in a trademark Seizure of counterfeit goods Service of process (service of papers) Service mark Settlement Shapes, protection of Similarity of marks Slogans, protection of Smells, protection of Sounds, trademark protection of Source Source discriminator Specimen Spurious marks Standards for surveys Standards of review Standing Standing, requirement in a cancellation action Standing, requirement in an opposition proceeding State versus federal law Statement of Use Statute of limitations Stay of injunction pending appeal Strength of mark Subjectivity in trademark law Suggestive terms Summary judgment Supplemental Register Surnames, trademark protection of Surveys Symbols, trademark protection of T Treaties Tabulation and analysis of surveys Tarnishment in dilution law TEAS Telephone numbers, protection of Temporary restraining order Territorial expansion Testimony of experts Third-party use defense TM symbol Token Use Top level domain name Trade dress Trade name Trademark Trademark Act Trademark Misuse Doctrine Trademark Causes of Action Trademark Registration Treaty Trademark Trial and Appeal Board Transferee Transfer of ownership (assignment) Transferor Treble damages TRIPs Types of marks Typewritten drawing U Unclean hands defense Unfair competition United States Patent and Trademark Office Unprotected activities Updating a registration Use as establishing priority Use, de minimis Use in commerce Use, proper Use requirement Utilitarian functionality V Validity of trademark Venue in lawsuits Verification W Warehousing of trademarks Well-known marks, protection of Willful infringement Words, protection of World Wide Web and trademarks X X-search Database Z Zone of natural expansion

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