Whether you are getting started with the trademark process or putting together a trademark cheat sheet/glossary for your employees, there are quite a few vocabulary words worthy of mention. The first word is “trademark.” A trademark is a protected, recognizable word, phrase, symbol, figure or design mark for a particular entity’s products or services. It is sometimes called a “service mark” when applied to services. You can use your trademark indefinitely as long as you are using it properly in commerce. Here are 14 other trademark-related words that are a must for your resource documents.
1. Abandonment
Abandonment occurs most often when a trademark applicant does not respond in a timely manner to an Office Action letter from the U.S. Patent and Trademark Office. It can also occur when a business or individual does not provide a trademark Statement of Use or request a time extension for such a statement. This inaction may lead to the owner losing all rights to a trademark. In some situations of abandonment, applicants can get their trademark process revived.
2. Allegation of Use
Trademark applicants or their authorized representatives must show that they are using the trademark in commerce, for example, by paying fees and offering evidence of products and service offers with the trademark on them.
3. Assignment
Assignment occurs when one party transfers its trademark application or registration to another party.
4. Blackout Period
A blackout period is the time interval between the U.S. Patent and Trademark Office approving a trademark and the date when the office issues a Notice of Allowance. During a blackout period, applicants should not file an Allegation of Use.
5. Certificate of Registration
This is the official trademark registration document from the U.S. Patent and Trademark Office.
6. eTEAS
The U.S. Patent and Trademark Office has a program called the electronic Trademark Examination Application System, or eTEAS. It offers the option for trademark applicants to file online for trademarks and to conduct other trademark-related business online.
7. Fanciful Marks
Fanciful marks are words that have been created only for use as a trademark (Exxon and Pepsi are examples) or words not in everyday use that have been revived for a trademark. Some fanciful marks such as aspirin and videotape later became generic terms.
8. Generic Term
Generic terms are not allowed to be registered as trademarks because they are words that the public recognizes as a category name. Examples include “Chinesefood.com” for a Chinese food ordering and delivery business and “Book Editing Services” for a book editing business. Companies that have a fanciful trademark must be vigilant to ensure it does not become generic; for example, Xerox ran a campaign urging consumers to “photocopy” papers instead of to “Xerox” them.
9. Intent to Use
Not all trademark applicants are already using the trademarks they want to register. In such cases, they should file an application that shows intent to use in commerce.
10. Likelihood of Confusion
The U.S. Patent and Trademark Office can decline a trademark or service mark registration application because the mark is confusingly similar to an already registered or pending mark.
11. Notice of Abandonment
This is a written communication from the U.S. Patent and Trademark Office that a trademark application is no longer pending.
12. Specimen
A specimen is an actual example of how a trademark is being used: for example, a bottle of Coca-Cola. Containers, tags and labels are common specimen examples.
13. Use in Commerce
Trademark use in commerce applies to commerce that Congress is authorized to regulate, and a trademark owner must actually use the mark in commerce.
14. Word Mark
A word mark is a textual trademark. The Subway trademark is one example.There are many more glossary words associated with trademarks, but the list here is an excellent start for your business. The International Trademark Association has a thorough glossary; check it out here.
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