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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| ISP | Internet service provider
| | ITMA | Institute of Trade Mark Attorneys. Professional association in the U.K.
| | ITU | Intent to use
| | joint applicants | More than one person or company applying together for registration of a mark. | | JPEG, JPG | A format for digital image files (with the file-name extension ".jpg") widely used for attaching images to applications submitted electronically to trademark offices; the abbreviation stand for "Joint Photographic Experts Group". Other common formats that are sometimes used include GIF (Graphic Interchange Format), PDF (Portable Document Format), and TIFF (Tagged Image File Format).
| | JPO | Japan Patent Office. Government agency that oversees both patents and trademarks.
| | junior user | Party that has adopted and used a mark later in time than another party (the “senior user”). | | knock-off | Unauthorized copy or imitation of a product, marketed or sold under a spurious mark. See counterfeit. | | laches | Equitable doctrine whereby a party is prevented by his own delay or inaction from claiming a right or entitlement, to the detriment of some other party that was entitled to, and did, rely on that delay or inaction. | | Lanham Act | Common name for the United States' Trademark Act of 1946. The federal statute governing the registration and maintenance of marks in the United States, and providing a cause of action for infringement, unfair competition, dilution, and cybersquatting. See 15 U.S.C. §§ 1051 et seq. | | laudatory | Attributing quality or excellence to goods and services (e.g., “best” or “original”). A laudatory term is considered merely descriptive. | | LESI | Licensing Executives Society International. Association of individuals engaged in the licensing of intellectual property rights.
| | letter of consent | See consent letter. | | letter of protest | See cease-and-desist letter. | | license | The means by which the proprietor of a mark (the “licensor”) gives permission to another party (the “licensee”) to carry out an action, such as to use its trademark under specified conditions, that would otherwise constitute infringement. | | LIE | Legal instruments examiner. An administrative function in the USPTO's processing of applications.
| | likelihood of confusion | The prospect that consumers might be confused as to the sources of goods or services represented by two similar marks; the basic standard for trademark infringement. | | likelihood of dilution | The prospect that a famous mark might be tarnished, or its distinctiveness blurred, by another mark; rejected by the U.S. Supreme Court as a basis for liability under the Federal Trademark Dilution Act. | | link | Connection between the content of two different files (or different parts of a single file), either on the same or another website. | | lost profits | Profits that an injured party lost, or was precluded from gaining, due to infringement of its rights by others. Possible component of damages in a court action. | | Madrid Agreement | The Madrid Agreement Concerning the International Registration of Marks, enacted in 1891. Enables mark owners to obtain a single International Registration that can extend protection to any country that has signed the Agreement, by a single filing in one language, under one procedure, with the payment of one fee. Augmented in 1995 by the Madrid Protocol, the Madrid system is administered by the World Intellectual Property Organization (WIPO). | | Madrid Protocol | Trademark treaty enacted in 1995 (in conjunction with the 1891 Madrid Agreement), enabling trademark owners to obtain a single International Registration that can extend protection to any country that has signed the Protocol by a single filing in one language, under one procedure, with the payment of one fee. The Madrid system is administered by the World Intellectual Property Organization (WIPO). | | Madrid system | System for obtaining International Registrations pursuant to the Madrid Agreement and/or the Madrid Protocol; administered by the World Intellectual Property Organization (WIPO). | | mark | Any word, name, symbol, or device, or any combination thereof, used to identify the goods or services of one party and distinguish them from the goods or services of other parties, and to indicate the source of the goods or services. Encompasses trademarks, service marks, certification marks, and collective marks. | | marking | Indication on goods, or in connection with services, that a mark is registered or that rights are claimed in the mark either by the international ® symbol (for registered marks) or by other symbols or wording permitted or required by the law of a country. See R, ®, SM, k, TM, ™,.
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