Tradenark Glossary Terms - helpful related terms

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.

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.

First Sale Doctrine

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

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.

Trademark Registration

Definition:
Involves the establishment of rights in a mark based on legitimate use of the 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. 

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