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Tradenark Glossary Terms - helpful related terms

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.

Hallmark

Definition:
Originally an impression made on gold and silverware introduced in the beginning of the fourteenth century in England to identify the quality of the metal used. Later, a mark to identify the maker and year of production.

Change Of Name

Definition:
Owners of trademark applications and registrations change their names, even though the actual ownership of the application or registration has not been transferred.

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,

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.


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. 

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Daily Terms

Contributory Infringement

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

Trade Secret

Definition:
Business information that is the subject of reasonable efforts to preserve confidentiality and has value because it is not generally known in the trade.

National Treatment

Definition:
A work originating in one of the member country must be given at least the same level of protection in each member country as that country gives to works created by its own citizens.

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