Descriptive Mark
a Mark or portion of the Mark that describes the goods or services associated with the Mark – may also describe a characteristic of the goods or services and will be descriptive
Design Mark
a graphic Mark – often called a ‘logo’
Dilution (15 U.S.C. §1125(c); also state laws)
use of the Mark of another (or closely similar), such that some of the value of the original Mark is lost
Dilution by Blurring
this Dilution takes place when one cannot tell the difference between the Mark and that which is diluting it because they are too closely similar – thus, the Distinctiveness of the Mark is ‘blurred’ and its value diluted
Dilution by Tarnishment
this Dilution takes place when the Mark is cast in a fashion that denigrates the Mark
Direct Infringement
actually using the Mark of another without permission and in association with the goods/services for which the Mark is registered
Disclaimer
a requirement made by an Examining Attorney to disclaim certain portions of the Mark as being descriptive – the disclaimer means that the applicant does not claim those portions of the Mark (which may be all of the parts of the whole Mark) by themselves, but is only getting protection for the entire Mark as a whole
Domicile
the place where a company is located; also applies to persons
Drawing
the Mark as it is provided in the application – for a Standard Character Mark, it is merely the typed phrase or word
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