Patent Terms Glossary

Enforceability of Patent

Definition:
The right of the patent owner to bring an infringement suit against a party who, without permission, makes, uses or sells the claimed invention.

Basic Patent

Definition:
The first published patent

Descriptive Mark

Definition:
A mark is considered merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose or use of the specified goods or services.

Attorney

Definition:
An individual who is a member in good standing of the bar of any United States court or the highest court of any State.

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.

Mere Descriptiveness

Definition:
Statutory basis (Trademark Act Section 2(e)(1), 15 U.S.C. Section 1052(e)(1), TMEP 1209 et seq) for refusing registration of trademarks and service marks because the proposed mark merely describes an ingredient, quality, characteristic, function, feature,

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