Greenberg & Lieberman
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Tradenark Glossary Terms - helpful related terms

Trade Secret

Definition:
Business information that is the subject of reasonable efforts to preserve confidentiality and has value because it is not generally known in the trade.

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.

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.

Contributory Infringement

Definition:
Indirect infringement of intellectual property rights in which one person contributes to the direct act of infringement of another.

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.


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. 

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Daily Terms

Dilution

Definition:
A type of infringement of a trademark in which the defendant's use, while not causing likelihood of confusion, tarnishes the image or blurs the distinctiveness of the owner's mark.

Domestic Representative

Definition:
A person residing within the United States who is appointed by a patentee or assignee of a trademark application or registration that does not reside in or is not domiciled within the United States.

Domestic Representative

Definition:
A person residing within the United States who is appointed by a patentee or assignee of a trademark application or registration that does not reside in or is not domiciled within the United States.

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