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Tradenark Glossary Terms - helpful related terms

Canceled

Definition:
Trademark registration is no longer viable. It may be due to the registrant's failure to file the required continued use affidavit under Section 8 of the Trademark Act,

Madrid Protocol

Definition:
Is an international treaty that allows a trademark owner to seek registration in any of the countries that have joined the Madrid Protocol by filing a single application, called an international application.

Fair Use

Definition:
A defense to a charge of copyright or trademark infringement.

Washington Treaty

Definition:
China was among the first countries to sign this treaty, but the United States and Japan did not sign it due to disagreements with compulsory licences, the treatment of innocent infringement, and the protection of designs when they are incorporated in industrial products.

Washington Treaty

Definition:
China was among the first countries to sign this treaty, but the United States and Japan did not sign it due to disagreements with compulsory licences, the treatment of innocent infringement, and the protection of designs when they are incorporated in industrial products.


Contributory Infringement

Definition:
Indirect infringement of intellectual property rights in which one person contributes to the direct act of infringement of another. 

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Understanding Trademarks

 

Daily Terms

Dilution

Definition:
A type of infringement of a trademark in which the defendant's use, while not causing likelihood of confusion, tarnishes the image or blurs the distinctiveness of the owner's mark.

Opposition Proceeding

Definition:
A proceeding before the Trademark Trial and Appeal Board in which the plaintiff seeks to prevent the issuance of a registration of a mark.

Functionality

Definition:
That aspect of design that makes a product work better for its intended purpose, as opposed to making the product look better or to identifying its commercial source.

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