Tradenark Glossary Terms - helpful related terms

First Sale Doctrine

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

Madrid Protocol

Definition:
Is an international treaty that allows a trademark owner to seek registration in any of the countries that have joined the Madrid Protocol by filing a single application, called an international application.

Trademark Application

Definition:
A document by which a person requests a federal trademark registration.

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.

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.

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. 

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