Greenberg & Lieberman
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Tradenark Glossary Terms - helpful related terms

Misappropriation

Definition:
A common law form of unfair competition in which an individual or firm copies or appropriates some creation of another that is not protected by patent, copyright, or trademark law, or any other traditional theory of exclusive rights.

Trademark Registration

Definition:
Involves the establishment of rights in a mark based on legitimate use of the mark.

Demand

Definition:
Form PCT/IPEA/401, filed with an International Preliminary Examining Authority, demanding that an international application shall be the subject of an international preliminary examination.

Trade Name

Definition:
A symbol used to identify and distinguish companies, partnerships, and businesses, as opposed to marks used to identify and distinguish goods or services.

Trademark Application

Definition:
A document by which a person requests a federal trademark registration.


Dilution

Definition:
A type of infringement of a trademark in which the defendant's use, while not causing likelihood of confusion, tarnishes the image or blurs the distinctiveness of the owner's mark. 

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Daily Terms

PrinTEAS

Definition:
A former feature of the USPTO's electronic filing system that allowed applicants to complete a trademark application on-line, and then print it out for mailing to the USPTO.

Digital Millennium Copyright Act

Definition:
A major piece of U.S. legislation adopted in 1998 that extensively amended the copyright laws, in part to conform U.S. law to various treaty obligations, and in part to modernize the law to take into account various new digital technologies.

Functionality

Definition:
That aspect of design that makes a product work better for its intended purpose, as opposed to making the product look better or to identifying its commercial source.

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