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Trademark Law Glossary
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To navigate this glossary, either: (1) click on a link from the master list below, or (2) turn to one of the following sections:
A - B - C - D - E - F - G - H - I - J - K - L - M - N - O - P - Q - R - S - T - U - V - W - X - Y - Z

Alphabetical Listing

     
A
Abandonment of a mark
Acquiescence
Action (or "office action")
Actual confusion
Advertising, comparative
Advertising injury
Aesthetic functionality
Affirmative defenses
Affixation requirement
Alternative dispute resolution
Amendment to Allege Use
Answer, in a lawsuit
Anti-Dilution statutes
Arbitrary marks
Arbitration
Assignee
Assignment of trademark
Assignment, in gross
Assignor
Assumed name
Attorneys' fees
Attorney-client privilege
Availability opinion
Average purchaser test
B
Bad faith
Balance of harms
Barring importation of goods
Benelux registration system
Blackout period
Book titles
Brand name
C
Cancellation of trademark
Causes of Action
Cease and desist letter
Certification mark
Characters, protection of
Class or International classes
Clearance Opinion
Coined terms
Collective mark
Color, protection of
Combined application
Commissioner
Common law
Comparative advertising
Complaint, in a trademark lawsuit
Concurrent use
Concurrent use proceeding
Concurrent use registration
Conflicts between trademarks
Confusion (Confusingly similar)
Constructive notice
Constructive use
Contributory infringement
Control of quality in licensing
Copyright
Corporate name
Correcting mistakes in a registration
Costs as damages
Costs, estimating legal fees
Counterfeit Goods
CTM (EU Registration Treaty)
Customs Service, role as remedy
D
Damages
Date of first use
Date of first use in commerce
Dates, priority
Deceptive marks
Deceptively misdescriptive marks
De facto secondary meaning
Defendant's profits as damages
Defenses to infringement
Defenses to dilution
De minimis use
Depository libraries
Description of goods or services
Descriptive marks
Designs, protection of
Design codes
Dilution Statutes
Disclaimer, in a registration
Disclaimer, with use of a competitor's mark
Distinctiveness
Distinctiveness requirement
Documenting first use
Domain dispute policy
Domain name
Domain name hijacking
Domestic representative
Drawings, protection of
Drawing page of trademark application
E
Encircled-R (The symbol)
Equitable defenses
Equitable relief
Error by the Trademark Examiner
Estoppel
European Community Trademark
Evaluation of Search Results
Examination, of application
Examiner's amendment
Examining Attorney
Exceptional cases
Exclusion orders from the ITC
Exclusive license
Exclusive licensee
Exclusive licensor
Exclusive ownership
Exclusive rights
Ex parte seizure of counterfeit goods
Extraterritorial jurisdiction
F
Fair Use
Family of Marks
Famous mark
Fanciful terms
Federal versus state trademarks
Filing date, obtaining
Final order, appealability of
First amendment as defense
First use dates
Forbidden marks
Foreign applicants, requirements
Foreign equivalents, doctrine of
Foreign terms, protection of
Fraud
Functionality defense
G
GATT (General Agreement on Tariffs & Trade)
Generic marks
Genericness as a defense
Genericide
Geographically remote area
Geographical terms, protection of
Geographical territory
Good faith defense
Goodwill
Goodwill, assignment without
Goodwill, harm to
Grammar when using marks
Gray-market goods
Grounds for cancellation
Grounds for dilution lawsuits
Grounds for infringement
Grounds for opposition
Grounds for unfair competition
I
Identifying source
Immoral marks
Importation restrictions
Ingredients, protection of
In gross assignment
Incontestability
Indemnification of licensee
Infringement
Inherent distinctiveness
Injunctive relief
Inspection of licensee's goods
Intellectual property
Intent of the defendant
Intent to Use application
Inter partes proceedings
Interference proceedings
International class
Interstate commerce
International Trademark Association (INTA)
International Trade Commission
International Treaties
Internet trademark issues
Internic (Network Solutions)
Interstate commerce
Intra-state commerce
Invalid assignment
Irreparable harm
J
Joint ownership
Judicial estoppel
Junior user
Jurisdiction
L
Laches, defense of
Labels, protection of
Lanham Act
Legal strength of a mark
Letters, protection of
License
Licensee
Licensor
Likelihood of Confusion Test
Lingual marks
Litigation
Lost profits, as damages
M
Madrid Agreement
Mark
Material change
Materiality
Measure of damages
Misappropriation
Misdescriptive marks
Misspelled words as marks
Mistakes in registration
Misuse of trademark
 
Monetary relief
Monopoly
Monopolization, defense of
Motivation of purchasers
Multiple-class application
Music, protection of
Musical notes
N
Naked assignment
Naked license
Nameholder corporation
Name reservation
Natural expansion
Network Solutions (Internic)
New York Rule, the
Noerr-Pennington Doctrine
Nonexclusive license
Nonfinal order
Nonpurchaser confusion
Notice
Notice of Allowance
Notice of Publication
Numbers, protection of
O
Office Action
Official Gazette
Opposition Proceeding
Oral assignment of trademarks
Oral license of trademarks
Ordinary designs & distinctiveness
Ownership, acquisition of
Ownership, proof of
Ornamentation
P
Packaging, protection of
Palming off
Parallel Imports
Paris Convention Treaty
Parody
Partial cancellation
Passing off
Patent and Trademark Office
Patent
Patent attorney
Penalties
Personal jurisdiction
Personal names
Petitioner
Physical features, protection of
Plaintiff
Plaintiff's lost profits as damages
Pleadings
Preemption
Prejudgment interest
Preliminary injunction
Presidents’ names, protection of
Presumption of irreparable harm
Presumption of validity of mark
Presumptions in inter partes proceedings
Pretrial motions
Primarily geographically descriptive
Principal Register
Priority date
Prior registration
Prior rights
Prior use
Privacy rights
Product changes
Product design
Product line expansion
Product recall
Products liability when licensing a mark
Prohibiting infringing use
Proof of damages
Protectability of mark
Protective order
Protest letter to USPTO
Proximity
Publication of trademark
Public interest in injunctions
Public use
Publicity rights
Punitive damages
Purchaser
Q
Quality assurance
Quality of defendant's goods
R
symbol (encircled R)
Reconsideration and appeal
Recording assignments
Recording marks with Customs
Register, Principal
Register, Supplemental
Registration
Rejection by Trademark Examiner
Rejection of appeals
Related company
Relevant universe
Remedies for dilution

Remedies for infringement
Remote-area second user
Renewal of registration
Reserving a name
Restoring jurisdiction to the examiner
Response
Reverse confusion
Right of priority
Royalty as damages
S
Sales as establishing priority
Sampling in surveys
Sanctions, rule
Scope of search in trademark law
Search
Secondary meaning
Section 2(f) claim
Section 8 affidavit
Section 15 affidavit
Security interest in a trademark

Seizure of counterfeit goods
Service of process (service of papers)
Service mark
Settlement
Shapes, protection of
Similarity of marks
Slogans, protection of
Smells, protection of
Sounds, trademark protection of
Source
Source discriminator
Specimen
Spurious marks
Standards for surveys
Standards of review
Standing
Standing, requirement in a cancellation action
Standing, requirement in an opposition proceeding
State versus federal law
Statement of Use
Statute of limitations
Stay of injunction pending appeal
Strength of mark
Subjectivity in trademark law
Suggestive terms
Summary judgment
Supplemental Register
Surnames, trademark protection of
Surveys
Symbols, trademark protection of
T
Treaties
Tabulation and analysis of surveys
Tarnishment in dilution law
TEAS
Telephone numbers, protection of
Temporary restraining order
Territorial expansion
Testimony of experts
Third-party use defense
TM symbol
Token Use
Top level domain name
Trade dress
Trade name
Trademark
Trademark Act
Trademark Misuse Doctrine
Trademark Causes of Action
Trademark Registration Treaty
Trademark Trial and Appeal Board
Transferee
Transfer of ownership (assignment)
Transferor
Treble damages
TRIPs
Types of marks
Typewritten drawing
U
Unclean hands defense
Unfair competition
United States Patent and Trademark Office
Unprotected activities
Updating a registration
Use as establishing priority
Use, de minimis
Use in commerce
Use, proper
Use requirement
Utilitarian functionality
V
Validity of trademark
Venue in lawsuits
Verification
W
Warehousing of trademarks
Well-known marks, protection of
Willful infringement
Words, protection of
World Wide Web and trademarks
X
X-search Database
Z
Zone of natural expansion

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