|
|
|
|
<<
back | next >>
|
|
|
|
|
|
| Terms: |
|
|
Abandonment: A trademark is deemed
to be "abandoned" when either of the following occurs: (1)
when its use has been discontinued with intent not to resume such use;
or (2) when any course of conduct of the owner, including acts of
omission as well as commission, causes a mark to become the generic name
for the goods or services on or in connection with which it is used, or
otherwise to lose its significance as a mark. Non-use for three
consecutive years is deemed prima facie evidence of abandonment.
Use means ordinary use in the course of commerce and not use merely to
reserve a right in the mark. Conduct by a trademark owner which causes a
mark to lose its significance includes: not policing the mark; assigning
a trademark without goodwill; uncontrolled licensing; failure to object
to use by others; production of various types and quality of products;
and substantial and repeated changes in the mark. When a mark is
abandoned, it enters the public domain and becomes available to the
first user. |
|
back
to top
|
|
|
Allegation
Of Use: A sworn
statement signed by the applicant or a person authorized to sign on
behalf of the applicant attesting to use of the mark in commerce. The
allegation of use must include one specimen showing use of the mark in
commerce for each class of goods/services included in the application,
and the required fee. If filed before the examining attorney approves
the mark for publication, the allegation of use is also called an
"Amendment to Allege Use". If filed after issuance of the
Notice of Allowance, the allegation of use is also called a Statement of
Use. The Amendment to Allege Use and the Statement of Use include the
same information, and differ only as to the time when filed. The
applicant may not file either an Amendment to Allege Use or a Statement
of Use between the date the examining attorney approves the mark for
publication and the date of issuance of the notice of allowance.
|
|
back
to top
|
|
|
Amendment
To Allege Use (AAU): A
sworn statement signed by the applicant or a person authorized to sign
on behalf of the applicant attesting to use of the mark in commerce.
With the AAU, the owner must submit one specimen showing use of the mark
in commerce for each class of goods/services included in the
application, and the required fee. AAUs must be filed before the date
the examining attorney approves the mark for publication in the Official
Gazette. You should check the status of the application before filing
the AAU to make sure that is timely. An AAU filed after the mark is
approved for publication but before a notice of allowance has been
issued (during the "blackout period") is untimely and cannot
be accepted.
|
|
back
to top
|
|
|
Appeal:
An applicant who wants to contest
a final refusal from an examining attorney may file an appeal
to the Trademark Trial and Appeal Board. An appeal is taken by
filing a Notice of Appeal
and paying the appeal fee
within six months of the mailing date of the action from which the
appeal is taken. 15 U.S.C. Section 1070; 37 C.F.R. Section 2.142(a).
|
|
back
to top
|
|
|
Applicant: A person who files an
application for a federal trademark. The term embraces the legal
representatives, predecessors, successors and assigns of such applicant. |
|
back
to top
|
|
|
Application
(Trademark): A document
by which a person requests a federal trademark registration. To receive
a filing date, an application must include (1) the applicant's name, (2)
a name and address for correspondence, (3) a clear drawing of the mark
sought to be registered, (4) a list of the goods or services, and (5)
the application filing fee. |
|
back
to top
|
|
|
Arbitrary
Marks: Comprise words
that are in common linguistic use but, when used to identify particular
goods or services, do not suggest or describe a significant ingredient,
quality or characteristic of the goods or services (e.g., APPLE for
computers; OLD CROW for whiskey).
|
|
back
to top
|
|
|
Assignment:
A transfer of ownership of a patent application or patent from one
entity to another. Record assignments with the USPTO Assignment Services
Division to maintain clear title to pending patent applications and
patents. |
|
back
to top
|
|
|
