Abandoned Application – An application that is no longer active or pending, so the trademark being applied for can’t mature into a registration unless the application is revived or reinstated.
Assignment – A transfer of ownership of a trademark in an application or registration.
Common Law Rights – Trademark rights established when you start using a trademark in commerce with particular goods or services. Common law rights are limited to the specific geographic area where you use your trademark. They can be difficult to prove and are generally less robust than the rights granted by federal trademark registration.
Conflicting Trademark – A trademark that’s similar to yours, and that is used with goods or services that are related to your goods or services. When two or more trademarks that conflict with each other are in use in commerce, it can cause confusion because consumers may not be able to determine the source of the goods or services.
Disclaimer – Statement in an application that the applicant does not claim exclusive rights to an unregistrable portion of the trademark, such as a generic word.
Drawing – A depiction of the trademark you want to register, which must be included in an application.
Examining Attorney – An attorney at the USPTO who reviews trademark applications to determine if they meet the legal requirements for federal registration.
Intent To Use Basis – Legal basis you can use to file a trademark application if you haven’t started using your trademark in commerce but have a bona fide intention to do so. Your trademark cannot actually be registered until you show that you’ve started using it in commerce and file the proper TEAS form. This filing basis is also called Section 1(b).
International Class (IC) – Numbered class within the international system for classifying goods and services. This system categorizes goods and services into classes according to their purpose or function.
IP – Intellectual property.
Likelihood Of Confusion – Grounds to refuse to register the trademark in your application when it conflicts with a similar trademark that’s registered for goods or services related to yours. If both trademarks were in use in commerce at the same time, it would likely cause confusion for consumers, who may not be able to determine the source of the goods or services.
Office Action – Official letter from the USPTO about a trademark application or registration that raises issues that could prevent a trademark applicant from receiving registration or could prevent a trademark registrant from maintaining their registration.
Service Mark (SM) – A word, phrase, symbol, design, or a combination of these things that identify the source of services. If you provide services to consumers, your service mark is how customers recognize you in the marketplace and distinguish you from your competitors. Service marks are commonly referred to as “trademarks.”
Specimen – Real-life example showing how you use your trademark in commerce with your goods or services. It could show the trademark on your goods, their packaging, point-of-sale displays, or in the sale, rendering, or advertising of your services. Specimens must be submitted for certain applications and registration maintenance filings.
Statement of Use (SOU) – An applicant’s written submission that they’re using their trademark in commerce with specified goods or services, submitted after a Notice of Allowance (NOA) has been issued. This is a form of allegation of use, which is required in intent-to-use applications. Among other requirements, it must include a specimen showing actual use in commerce of the trademark for each class of goods or services.
Trademark – Any word, phrase, symbol, design, or a combination of these things that identifies the source of goods or services. Businesses and individuals use trademarks with their goods or services so that customers recognize them in the marketplace and distinguish them from competitors.
Trademark Infringement – Unauthorized use of a trademark. This use can lead to customer confusion, deception, or a misunderstanding about the actual company a product or service came from. Trademark owners can take legal action against unauthorized users if their trademarks are being infringed.
Use In Commerce Basis – Legal basis you can use to file a trademark application if you are using your trademark in commerce with the goods and services in your application. You must include evidence of your use in commerce, called a “specimen,” in your application for this basis. This filing basis is also called Section 1(a).
USPTO – United States Patent and Trademark Office