Patent Terms Glossary

First to file

Definition:
The applicant who is the first to file an application for an invention will be awarded the patent over all others.

Common Law Rights

Definition:
Property or other legal rights that do not absolutely require formal registration in order to enforce them. Proving such rights for a trademark in court can be very difficult.

Certification Mark

Definition:
Any word, name, symbol, device, or any combination, used, or intended to be used, in commerce by someone other than its owner.

Certificate Of Mailing

Definition:
A certificate for each piece of correspondence mailed, prior to the expiration of the set period of time for response, stating the date of deposit with the U.S. Postal Service.

Assignment

Definition:
A transfer of ownership of a patent application or patent from one entity to another. Record all assignments with the USPTO Assignment Services Division to maintain clear title to pending patents.

Fanciful Marks

Definition:
Comprise terms that have been invented for the sole purpose of functioning as a trademark or service mark.

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