This Trademark Glossary has been compiled by INTA to assist in the understanding of the language and concepts used on this website, in INTA printed materials and in trademark law.
The Trademark Glossary is intended to serve as a general guide for the proper usage of trademark language. It is NOT an all-inclusive listing of all terms used in trademark literature and litigation, nor does it include all possible meanings as usage may vary internationally. INTA welcomes comments on the Trademark Glossary but disclaims responsibility for any misuse of language and concepts found herein, as well as alternative meanings not included for any entry.
Our goal is to include thorough and accurate information to best serve the global trademark community. Therefore, if a word or meaning is not listed, please let us know at info@inta.org. |
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ALL 374 terms found
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| DNSO | Domain Name Supporting Organization. Formerly the ICANN “supporting organization” (advisory group) responsible for developing policy for the domain-name system; succeeded in 2003 by the GNSO. | | DOC | United States Department of Commerce
| | domain name | Any alphanumeric designation that is registered with or assigned by any domain-name registrar as part of an electronic address on the Internet (URL). Typically consists of a top-level domain (TLD) or “suffix” (e.g., “.com,” “.org,” etc.) and a second-level domain (SLD) chosen by the owner of the website. For example, in INTA’s URL, http://www.inta.org, the domain name is “inta.org.” See top-level domain name.
| | domestic representative | A resident designated by a foreign applicant, registrant, or party to a proceeding before the trademark office, on whom notices or proceedings affecting the mark may be served. | | dominant portion of a mark | Component of a composite mark that makes a stronger impact on the purchaser than other components. A fact finder conducting a likelihood of confusion analysis may give more weight to the dominant components of the marks at issue without violating the anti-dissection rule. | | due diligence | The level of prudence, activity, or care properly to be expected from a reasonable and prudent person under particular circumstances, not measured by an absolute standard but determined under the facts of the situation. When adopting a new mark, the purpose of carrying out a due diligence exercise is to avoid infringing the rights of others. | | ECJ | European Court of Justice. Short name of the Court of Justice of the European Community.
| | ECTA | European Communities Trade Mark Association
| | enforcement | The efforts undertaken by a trademark owner to protect its rights in its trademarks; may include use of a watch service, opposition proceedings, cease-and-desist letters, infringement litigation and other means to prevent others from registering confusingly similar marks or using them in the marketplace. | | estoppel | Equitable legal doctrine whereby a party is prevented by his own past conduct from claiming a right or entitlement to the detriment of some other party that was entitled to rely on that conduct and did so. | | ex parte | By or for one party. An ex parte proceeding is one brought for the benefit of one party only, without notice to or challenge by an adverse party. Compare to inter partes. | | examination | Analysis carried out by a trademark office to determine the registrability of a mark. | | examiner's amendment | Communication from an examining attorney (USPTO) to an applicant advising that the application has been amended by the trademark office (e.g., a change in the description of goods and services, or a disclaimer). In most cases an examiner’s amendment must be authorized by the applicant, often via telephone conversation or e-mail. | | examining attorney | Attorney at the USPTO responsible for conducting the examination of a trademark application; also known as a "trademark examining attorney". | | express abandonment | Communication to the USPTO signed by the applicant expressly stating that the applicant is abandoning an application. See abandonment. | | extension of protection | Extension of the protection of an international registration to one or more countries not covered in the original application. | | fair use | Good-faith use of another’s mark to describe one’s own goods or services. Affirmative defense to a claim of trademark infringement. | | false advertising | The advertising or promotion of products or services through the use of false, inaccurate, misleading, or otherwise deceptive statements or practices; the boundaries vary from country to country, but generally it is considered a form of unfair competition subject to civil, and sometimes criminal, sanctions. | | family of marks | A number of marks possessing a common feature, such as a common prefix (e.g., “Mc”), owned by the same party. A mark owner may be able to establish that another party’s mark that incorporates the common feature violates its rights, not in any one particular mark, but in the entire family of marks. | | famous mark | Mark that enjoys a certain degree of reputation or recognition. Special protection is given to famous marks. Also, under U.S. law, a mark that is entitled to protection against dilution. See well-known mark. | | fanciful mark | A word or term that has no inherent meaning and is made up for the sole purpose of serving as a mark (e.g., KODAK for cameras; EXXON for petroleum). See coined mark. | | Federal Trademark Dilution Act (FTDA) | 1996 amendment to the Lanham Act (Section 43(c)), creating a cause of action in the U.S. that enables the owner of a famous mark to prevent third-party uses of the mark that might tarnish the mark or blur its distinctiveness. See 15 U.S.C. § 1125(c). | | file | To deposit a trademark application at a trademark office. | | file history | The record of official filings and actions in a trademark office related to the prosecution of a trademark application. | | filing basis | One of several statutory grounds permitting registration of a mark. For example, in the U.S., the four filing bases are: (1) use of the mark in commerce; (2) bona fide intent to use the mark in commerce; (3) a claim of priority based on an earlier filed foreign application; and (4) registration of the mark in the applicant’s country of origin. | Pages: «1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 »
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