Greenberg & Lieberman
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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.

Trademark Registration

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

Washington Treaty

Definition:
China was among the first countries to sign this treaty, but the United States and Japan did not sign it due to disagreements with compulsory licences, the treatment of innocent infringement, and the protection of designs when they are incorporated in industrial products.

Trademark Registration

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

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.


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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Daily Terms

Trademark Application

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

Misappropriation

Definition:
A common law form of unfair competition in which an individual or firm copies or appropriates some creation of another that is not protected by patent, copyright, or trademark law, or any other traditional theory of exclusive rights.

First Sale Doctrine

Definition:
An exception to the exclusive right of a copyright owner to distribute copies or phonorecords of the copyrighted work.

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