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Abandonment: A trademark is deemed to be
"abandoned" when either of the following occurs: (1) when its use has
been discontinued with intent not to resume such use; or (2) when any
course of conduct of the owner, including acts of omission as well as
commission, causes a mark to become the generic name for the goods or
services on or in connection with which it is used, or otherwise to lose
its significance as a mark. Non-use for three consecutive years is
deemed prima facie evidence of abandonment. Use means ordinary use in
the course of commerce and not use merely to reserve a right in the
mark. Conduct by a trademark owner which causes a mark to lose its
significance includes: not policing the mark; assigning a trademark
without goodwill; uncontrolled licensing; failure to object to use by
others; production of various types and quality of products; and
substantial and repeated changes in the mark. When a mark is abandoned,
it enters the public domain and becomes available to the first user. |
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Allegation Of Use: A sworn statement
signed by the applicant or a person authorized to sign on behalf of the
applicant attesting to use of the mark in commerce. The allegation of
use must include one specimen showing use of the mark in commerce for
each class of goods/services included in the application, and the
required fee. If filed before the examining attorney approves the mark
for publication, the allegation of use is also called an "Amendment to
Allege Use". If filed after issuance of the Notice of Allowance, the
allegation of use is also called a Statement of Use. The Amendment to
Allege Use and the Statement of Use include the same information, and
differ only as to the time when filed. The applicant may not file either
an Amendment to Allege Use or a Statement of Use between the date the
examining attorney approves the mark for publication and the date of
issuance of the notice of allowance. |
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Amendment To Allege Use (AAU): A sworn
statement signed by the applicant or a person authorized to sign on
behalf of the applicant attesting to use of the mark in commerce. With
the AAU, the owner must submit one specimen showing use of the mark in
commerce for each class of goods/services included in the application,
and the required fee. AAUs must be filed before the date the examining
attorney approves the mark for publication in the Official Gazette. You
should check the status of the application before filing the AAU to make
sure that is timely. An AAU filed after the mark is approved for
publication but before a notice of allowance has been issued (during the
"blackout period") is untimely and cannot be accepted. |
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Appeal: An applicant who wants to contest
a final refusal from an examining attorney may file an appeal to the
Trademark Trial and Appeal Board. An appeal is taken by filing a Notice
of Appeal and paying the appeal fee within six months of the mailing
date of the action from which the appeal is taken. 15 U.S.C. Section
1070; 37 C.F.R. Section 2.142(a). |
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Applicant: A person who files an
application for a federal trademark. The term embraces the legal
representatives, predecessors, successors and assigns of such applicant. |
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Application (Trademark): A document by
which a person requests a federal trademark registration. To receive a
filing date, an application must include (1) the applicant's name, (2) a
name and address for correspondence, (3) a clear drawing of the mark
sought to be registered, (4) a list of the goods or services, and (5)
the application filing fee. |
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Arbitrary Marks: Comprise words that are
in common linguistic use but, when used to identify particular goods or
services, do not suggest or describe a significant ingredient, quality
or characteristic of the goods or services (e.g., APPLE for computers;
OLD CROW for whiskey). |
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| Assignment: A transfer of
ownership of a patent application or patent from one entity to another.
Record assignments with the USPTO Assignment Services Division to
maintain clear title to pending patent applications and patents. |
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