Glossary

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A

Abandonment

An application for trade-mark or copyright registration may be considered abandoned if the applicant does not take steps to complete the process. An application for Industrial design will be considered abandoned if the applicant fails to reply within the specified time to any report that sets out objections to registration.

Abstract

A brief summary of an invention

Advertisement

Publication of a trade-mark application in the US Trademark Office Official Gazette. Details are published to allow opportunity for challenges to the application (opposition).

Allowance

Acknowledgement by the US Trademark Office that an application is eligible for registration. The applicant receives a "Notice of Allowance" (not the same as "Certificate of Registration").

Application

The formal request for registration of intellectual property.

Artistic work

Any visual representation such as a painting, drawing, map, photograph, sculpture, engraving or architectural plan.

Assignment

Transfer of intellectual property rights from the owner to another party.

Author

The creator of an artistic, literary, musical or dramatic work.

B

Berne Copyright Convention

An international treaty extending copyright protection in member countries to nationals of other member countries. The United States is a signatory to this treaty.

C

Certificate of registration

Official confirmation that your design, copyright or trade-mark has been registered.

Certification marks

Marks identifying goods or services meeting a defined standard (e.g., Wool Mark on clothing).

Claims

The basis for filing an application that allows for the determination of the person entitled to the registration of the mark.

Clearly descriptive

A mark that clearly describes some characteristic, feature, quality of the goods or services and that is therefore not registrable as a trademark.

Collective

Organization that administers rights granted by the copyright system on behalf of copyright owners who have joined that collective.

Compulsory license

The right granted by a local patent authority to one or more parties to produce a patented invention. These are granted under certain circumstances as a measure against abuse of patent rights.

Copyrights

Provide protection for literary, artistic, dramatic or musical works, computer programs, and sound recordings.

Copyright Act

Federal legislation governing copyright in the United States.

Copyright infringement

Violation of copyright through unauthorized copying or use of a work or other subject matter under copyright.

Copyright Office

The federal government office responsible for registering copyrights and agreements affecting a copyright in the United States.

D

Deceptively misdescriptive

A mark that deceptively mis-describes a characteristic, feature or quality of a good or service in such a way as to potentially mislead the consumer is not registrable as a trademark.

Declaration

Formal statement that you are the owner of invention, design, or mark, and that, to the best of your knowledge, no one else was using the invention, design, or mark when you created it. Copyright: Formal statement that the applicant is the author, the owner of the work, an assignee or a person to whom an interest in the copyright has been granted by license.

Description

A description is a basic requirement of an application for an industrial design. It identifies the features of shape, configuration, pattern or ornament that distinguish the design, and indicates whether the design resides in the entire article or a portion.

Design patent

The term used in the United States to describe a patent protecting the appearance of a product.

Disclaimer

A statement that the applicant does not claim exclusive rights for a portion of the trademark.

Dramatic work

Includes plays, screenplays, scripts, films, videos and choreographic works as well as translations of such works.

Drawings

Drawings (or photographs) disclosing certain aspects of an invention to help the reader understand what is being claimed; an image illustrating the appearance of a design; an image of a trademark or servicemark.

E

Examination

Trade-marks: The process through which the Trademark Office determines whether an application for trade-mark is registrable.

Design Patent: The process through which the Patent Office determines whether a design warrants protection. The main objective is to determine whether the design is indeed design subject matter, that it is original, and that the documentation meets the requirements of the Patent Statutes.

Exception: A provision in a copyright law permitting the use of a work by defined user groups without the consent of its creator or without the payment of royalties, conditions that would normally constitute an infringement of copyright. Examples of user groups benefiting from exceptions are educational institutions, libraries, museums, archives and persons with a perceptual disability.

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