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| Terms: |
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Fair Use: A court ruling regarding
copyright or trademark infringement. In this defense a court may rule
that use of a trademark or copyrighted material was within legal
boundaries in consideration of four factors. These factors are as
follows: the purpose and character of the disputed use; the nature of
the copyrighted work; the importance of the portion used in relation to
the work as a whole; and the effect of the use on the market for or
value of the copyrighted work. |
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Fanciful Name: Trademarks, service marks,
and trade dresses are classified along a range or gamut where the
"central tones" in the range are, from weak to strong: generic,
descriptive, suggestive, "arbitrary, fanciful or unique". The
"distinctiveness" of a mark or trade dress increases as it moves toward
the "suggestive or arbitrary" end of the spectrum. A distinctive mark
requires a lesser or no showing of "secondary meaning" for protection.
Comprise terms that have been invented for the sole purpose of
functioning as a trademark or service mark. Such marks comprise words
that are either unknown in the language (e.g., PEPSI, KODAK, EXXON) or
are completely out of common usage (e.g., FLIVVER). |
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Federal Trademarks: Federal trademark
result from filing trademark applications under the Lanham Act. There
are two registers: the Principal Register and the Supplemental Register.
The types of marks available include trademarks, service marks,
certification marks, and collective marks. Filing is constructive use
and notice of the applicant's claim to the mark. Before a trademark can
be obtained, the applicant must provide proof of use in interstate or
foreign commerce. However, by filing on an intent-to-use basis, proof of
use can be delayed until after examination and publication. This allows
the applicant to see what rights he or she will be granted and to find
out whether any third parties will oppose before bringing out the
trademarked product or service. A registration preempts the entire U.S.
and is retroactive to the filing date for priority purposes.
Registrations have ten-year terms and are renewable. |
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Filing Receipt:
When an application is
submitted via e-TEAS, the Office immediately issues a confirmation of
filing via e-mail that includes the serial number and filing date, and a
summary of all the data provided by applicant in the application. This
serves as evidence of filing. Applicants who file paper applications
receive printed filing receipts that list the application serial number
and filing date, the mark, the applicant's name, the goods and/or
services, the filing bases, if available; the international class(es),
and the address to be used for correspondence. |
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| Filing Refusal: Also known as
a final Office action, which makes "final" any outstanding refusals or
requirements. A proper response to a final Office action is a)
compliance with the requirements or b) appeal to the Trademark Trial and
Appeal Board. |
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