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Trademark: Any word, name, symbol, sound,
device or color, or any combination thereof, used by a person, or which
a person has a bona fide intent to use in commerce and applies to
register on the Principal Register, which indemnifies and distinguishes
his or her goods, including a unique product, from those manufactured
and sold by others and to indicate source of origin of goods, even if
that source is unknown. Trademarks, unlike patents, can be renewed
forever as long as they are being used in commerce. |
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Trademark Class: Goods and services are
classified by an international system, according to international
treaties to which the United States is a signatory. All goods and
services included in trademark applications are classified by the Office
according to this system. |
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Trademark Application and Registration
Retrieval: (TARR) USPTO’s online database for monitoring federal
trademark applications and registrations. Using TARR, applicants,
trademark owners and the public may check the status of pending
trademark applications and registrations. To access information about a
specific mark, users must provide the associated serial number or
registration number of the record they seek.
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Trademark Electronic Application System:
(TEAS) USPTO's electronic filing system. It may be used to file a
variety of documents with the USPTO, including new trademark
applications, amendments to allege use, statements of use, responses to
Office actions, and changes of address, just to name a few. |
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Trademark Electronic Search System: (TESS)
USPTO’s online database for searching pending, registered and dead
federal trademarks. TESS is free and intended for use by the general
public. Due to limitations of equipment and bandwidth, TESS is not
intended to be a source for bulk downloads of USPTO data. Bulk data may
be purchased from USPTO at cost (see the USPTO Products and Services
Catalog). Individuals, companies, IP addresses, or blocks of IP
addresses who, in effect, deny service to the general public by
generating unusually high numbers of daily TESS accesses (searches,
pages, or hits), whether generated manually or in an automated fashion,
may be denied access to these servers without notice. |
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Trademark Image Capture & Retrieval
System: (TICRS) A system used within the USPTO to scan, store and
provide access to images of papers associated with trademark
registrations. |
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Trademark Manual of Examining Procedure: (TMEP)
- a reference work on the practices and procedures relative to
prosecution of applications to register marks in the USPTO. It contains
guidelines for USPTO examining attorneys, trademark applicants and
owners, and attorneys and representatives for trademark applicants and
owners. The TMEP contains information about the trademark examination
process, and outlines the procedures which examining attorneys are
required or authorized to follow in the examination of trademark
applications. |
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Trademark Ownership: "First use" of a mark
determines trademark ownership in the United States and the Philippines
. First to file an application determines trademark ownership in the
countries governed by the EPO. |
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Trademark Trial and Appeal Board: an
administrative tribunal at the USPTO. It has jurisdiction over appeals
from decisions of the Trademark Office, as well as opposition
proceedings and cancellation proceedings. |
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Trade Name (1): The term "trade name" or
"commercial name" means any name used by a person to identify his or her
business or vocation. Trade names are not registrable under the Lanham
Act. |
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Trade Dress: As it relates to product
packaging and presentation. The protection of goods as they are
presented to the consumer. If a competing product is packaged or
presented to the consumer in such a way that it would deceive or confuse
the consumer into believing that the product was actually another brand
then a trade dress violation may be considered.
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Trade Name (2): A symbol used to identify and distinguish companies,
partnerships, and businesses, as opposed to marks used to identify and
distinguish goods or services. McDonalds is an example of a trade name. |
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