Greenberg & Lieberman
Intellectual Property and Litigation

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Tradenark Glossary Terms - helpful related terms

Fanciful Marks

Definition:
Comprise terms that have been invented for the sole purpose of functioning as a trademark or service mark.

Trademark Application

Definition:
A document by which a person requests a federal trademark registration.

Trademark Application

Definition:
A document by which a person requests a federal trademark registration.

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.

Domestic Representative

Definition:
A person residing within the United States who is appointed by a patentee or assignee of a trademark application or registration that does not reside in or is not domiciled within the United States.


Fair Use

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

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Daily Terms

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.

Trademark Registration

Definition:
Involves the establishment of rights in a mark based on legitimate use of the 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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