Greenberg & Lieberman
Intellectual Property and Litigation

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Tradenark Glossary Terms - helpful related terms

EBC

Definition:
Electronic Business Center - includes links to Patents EBC and Trademarks EBC - a web page containing hyperlinks to all online systems for conducting electronic commerce with the USPTO.

Fanciful Marks

Definition:
Comprise terms that have been invented for the sole purpose of functioning as a trademark or service mark.

Trade Name

Definition:
A symbol used to identify and distinguish companies, partnerships, and businesses, as opposed to marks used to identify and distinguish goods or services.

Notice

Definition:
A formal sign or notification attached to physical objects that embody or reproduce an intellectual property right -- for example, the use of the word "patent" or its abbreviation, "pat.," together with the patent number, on a patented article made by a patent holder or his/her licensees.

First Sale Doctrine

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


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. 

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Daily Terms

Fair Use

Definition:
A defense to a charge of copyright or trademark infringement.

Hallmark

Definition:
Originally an impression made on gold and silverware introduced in the beginning of the fourteenth century in England to identify the quality of the metal used. Later, a mark to identify the maker and year of production.

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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