Special 301

Definition:
A statute that requires the U.S. Trade Representative (USTR) to identify, on an annual basis, those foreign territories that deny adequate and effective protection of intellectual property rights or fair and equitable market access for Americans relying on intellectual property protection.

Electronic File Wrapper

Definition:
A system that provides a way to access electronic copies of the correspondence, documents and other pertinent records used in considering a particular case

Descriptive Mark

Definition:
A word, picture, or other symbol that describes something about the goods or services in connection with which it is used, such as purpose, their size or color, the class of users, or the end effect on users.

Likelihood Of Confusion

Definition:
A statutory basis (Trademark Act Section 2(d), 15 U.S.C. Section 1052(d), TMEP §1207 et seq.) for refusing registration of a trademark or service mark because it is likely to conflict with a mark or marks already registered or pendingbefore the USPTO.

Secondary Meaning

Definition:
A meaning for a trademark or service mark that customers associate with a particular brand of products or services. For trade symbols that are not inherently distinctive, distinctiveness must be acquired in order to be protected by a trademark or service mark.

Passing Off

Definition:
The substitution of one brand of goods when another brand is ordered. (2) Trademark infringement where the infringer intentionally meant to mislead or deceive purchasers. (3) Trademark infringement where there is no proof of intent to deceive but likelihood of confusion is proven.

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