Lawyers have their own dictionary of terms specific to the legal profession. Trademark lawyers have their own dialect of trademark-specific legal terms. If you need to familiarize yourself with the world of trademark lawyers, here are 10 widely-used fundamental trademark terms explained for everyday understanding:
Infringement of Trademark: Unauthorized use or colorable imitation of a trademark by another with similar goods or services. This occurs when words or designs used by the infringer are identical or similar enough to the registrant's as to cause a likelihood of confusion.
License: Written authority granted by the owner of a trademark for a limited period or territory for use of the trademark. A license is something less than an assignment. In an assignment, full and complete authority to use the trademark is granted.
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Likelihood of Confusion: Consumers will believe that products or services came from the trademark owner when in fact they did not. Similarity of mark and the intent in selecting the mark are key elements in proving a likelihood of confusion.
Principal Register: The primary registry of trademarks at the U.S. Patent and Trademark Office. To qualify in the Principal Registration, a trademark is required to be distinctive and currently in use. Once registered, the trademark obtains all benefits and protections of registration.
Registration: Registration is a noun and not a verb. A registration is granted by the U.S. Patent and Trademark Office, granting rights in a trademark pursuant to application and review.
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Service Mark: The same thing as a trademark, but it identifies services as opposed to goods.
Sound Mark: If meeting the requirements of a trademark, a sound mark is protection for sounds or music. Think of 20th Century Fox's trumpets, drums, and strings; MGM's Leo the Lion roaring; the Looney Tunes theme song; or the AFLAC duck quacking AFLAC.
Source: The manufacturer or service provider providing a good or service. As the purpose of a trademark is to allow a buyer to differentiate between the different providers of products and services without confusion, the source and its trademark direct that buyer to the products they like and away from products they don't like.
Trademark: A distinctive mark, motto, device, or emblem which manufacturers stamp, print, or otherwise affix to the goods they produce to identify their goods and distinguish them from those manufactured or sold by others.
Treble Damages: Damages given by statute in trademark infringement cases consisting of actual damages that are tripled in amount if willful infringement is found.
Understanding these legal terms of art will be of great help to you in reading and understanding the fundamentals of trademark law. The Patent and Trademark Office maintains a glossary of literally hundreds of terms for further exploration at your leisure.
