{"id":5062,"date":"2016-04-04T10:47:54","date_gmt":"2016-04-04T15:47:54","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/intellectual-property\/trademark-glossary.html"},"modified":"2024-05-22T21:50:13","modified_gmt":"2024-05-23T02:50:13","slug":"trademark-glossary","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/intellectual-property\/trademark-glossary.html","title":{"rendered":"Trademark Glossary"},"content":{"rendered":"\n
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Trademark Glossary<\/h1>\n
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\n By Taylar-Simone McCants, J.D.<\/a> | Legally reviewed by Amber Sheppard, Esq.<\/a>\n | Last updated\n
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Editorial Note: We earn a commission from affiliate partner links on FindLaw. Commissions do not affect the editorial integrity of our legal content.<\/p>\n\n <\/div>\n \n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Trademarks<\/a> are crucial for safeguarding a company’s or an individual’s brand. They prohibit others from using the same mark to offer similar goods or services. This trademark glossary provides definitions for common trademark terminology. This glossary covers many terms that small business owners looking to learn more about how to protect their company should know.<\/p>\r\n

Abandonment:<\/b><\/p>\r\n

Abandonment occurs when the U.S. Patent and Trademark Office (USPTO) doesn’t receive a Statement of Use or a response to an Office Action letter within 6 months of its mailing. An application is not abandoned if you file a request for an extension to file it.<\/p>\r\n

Abandoned Application:<\/b><\/p>\r\n

An application filing with the USPTO that is not active or pending. The trademark applied for will not advance to registration unless the applicant asks for reinstatement or revival.<\/p>\r\n

Allegation of Use:<\/b><\/p>\r\n

A sworn statement signed by the trademark applicant verifying that the mark is in use in commerce. A "specimen<\/a>" that shows how the mark is being used for each class of goods and\/or services must be with the application.<\/p>\r\n

Appeal:<\/b><\/p>\r\n

A trademark applicant files an appeal with the USPTO’s Trademark Trial and Appeal Board<\/a> to contest a final refusal. The applicant must file a Notice of Appeal and pay an appeal fee within six months of the examining attorney’s refusal.<\/p>\r\n

Arbitrary Mark:<\/b><\/p>\r\n

A mark that consists of words that don’t describe or suggest a significant characteristic, ingredient, or quality of the goods or services that the mark is associated with. An example would be "Apple" for a computer.<\/p>\r\n

Assignment:<\/b><\/p>\r\n

The transfer of ownership of a trademark application or registration from one person or company to another.<\/p>\r\n

This can also refer to the examining attorney at the USPTO once they have the application to review.<\/p>\r\n

Blackout Period:<\/b><\/p>\r\n

This refers to the period between when the examining attorney approves a trademark for publication and when the USPTO issues the Notice of Allowance<\/a>.<\/p>\r\n

Business Name:<\/b><\/p>\r\n

The name that a company uses to conduct business is a business name, or trade name. A business name or trade name can be a company’s legal name, brand name, or fictitious name<\/a> (commonly referred to as a "DBA", Doing Business As<\/a>).<\/p>\r\n

Certificate of Registration:<\/b><\/p>\r\n

The official document once an application and mark have been approved. It shows that a trademark has been registered.<\/p>\r\n

Certification Mark:<\/b><\/p>\r\n

A mark used by someone other than the trademark owner to identify a good or service that has been certified to conform to a particular set of standards<\/a>. The standards are set by an organization or entity that is not the USPTO. For example, "100% Certified Louisiana Seafood" through the Louisiana Department of Wildlife and Fisheries Program.<\/p>\r\n

Collective Mark:<\/b><\/p>\r\n

A trademark or service mark used (or intended to be used) in commerce by cooperative members, an association, or other collective group or organization members. This includes a mark indicating membership in a union, association, or organization. An example is the "EPA Energy Star" blue logo through the Environmental Protection Agency and the U.S. Department of Energy.<\/p>\r\n

Descriptive Mark:<\/b><\/p>\r\n

A descriptive mark is a term that defines a feature, quality, function, or purpose of a particular product or service. Examples are "spicy sauce" for salsa or "Tasty Bakery" for a bakery. Protecting descriptive marks under trademark law can be difficult due to their lack of inherent distinctiveness.<\/p>\r\n

Design Code Search Manual:<\/b><\/p>\r\n

This manual lists the numerical codes for searching designs<\/a> in the USPTO’s database of trademarks.<\/p>\r\n

Disclaimer:<\/b><\/p>\r\n

A trademark registrant or applicant’s statement that they don’t claim the exclusive right to use certain element(s) of the mark. A disclaimer allows a mark to be registered as a whole even though certain element(s) would not be registered to stand alone. For example, "No claim is being made to the exclusive right of the term bakery" in an application for "Tasty Bakery."<\/p>\r\n

Examining Attorney:<\/b><\/p>\r\n

A USPTO employee who reviews and determines if a trademark application complies with all of the legal and regulatory requirements to be a federally registered trademark.<\/p>\r\n

Fanciful Mark:<\/b><\/p>\r\n

A term invented solely to be a trademark or service mark such as "Netflix," "Cheetos," or "Kodak."<\/p>\r\n

Generic Terms:<\/b><\/p>\r\n

Terms that the public understands as the class or common name for particular goods or services. An example is "classes online" for classes offered through the internet. Registration is not available for generic terms.<\/p>\r\n

Goods and Services:<\/b><\/p>\r\n

An applicant must list the goods and\/or services with which the mark is or will be used. With service marks, a service must be a real activity and performed for the benefit of, or to, a person other than the applicant. The activity performed also has to be different from things done in connection with the sale of goods or the performance of another service.<\/p>\r\n

Identification of Goods and\/or Services:<\/b><\/p>\r\n

All trademark applications must identify goods and\/or services<\/a> that the trademark will be used for. The USPTO will return any application (and refund the fee) that fails to list recognizable goods and\/or services.<\/p>\r\n

Informal Application:<\/b><\/p>\r\n

If an application is missing any elements required to receive a filing date, it’s considered an informal application. It gets returned to the applicant.<\/p>\r\n

Intent to Use:<\/b><\/p>\r\n

Applicants are looking to register a mark that they have not used yet when filing an intent to use application. This type of application requires applicants to include a sworn statement that they have a genuine intention to use the mark in commerce<\/a> within six months of approval.<\/p>\r\n

Intellectual Property:<\/b><\/a><\/p>\r\n

A category of rights that protect creations of the mind or types of creative works such as:<\/p>\r\n