Arbitrary Marks

Arbitrary Marks: Trademarks that consist of words or images that do not inherently describe the product or service for which they function as the source identifier.  Arbitrary marks are considered inherently distinctive, which entitles them to a higher degree of protection.  

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Lindsey Leist
Anticybersquatting Consumer Protection Act

Anticybersquatting Consumer Protection Act: The Anticybersquatting Consumer Protection Act (ACPA), 15 USC § 1125(D) “was intended to prevent ‘cybersquatting,’ an expression that has come to mean the bad faith, abusive registration and use of the distinctive trademarks of others as Internet domain names, with the intent to profit from the goodwill associated with those trademarks.”

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Lindsey Leist
Anticipation

Anticipation: Under 35 U.S.C. § 102(a), a concept in patent law where an invention is not considered novel because it has been previously disclosed in a single prior art reference.  “Anticipation” can be used to reject a pending patent application or if a patent issued, invalidate patent claims. 

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Lindsey Leist
Annuity Fees

Annuity Fees: Governmental fees that patent applicants and holders must pay to maintain their patent rights each year.  Annuities are typically charged by patent offices foreign to the United States.  

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Lindsey Leist
Amendment to Allege Use

Amendment to Allege Use: A sworn document filed with the USPTO to declare use of a trademark in commerce in connection with claimed goods/services after filing an intent-to-use (ITU) application.

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Lindsey Leist
Allegation of Use

Allegation of Use: A statement filed by a trademark applicant at the UPSTO asserting the use of a trademark in commerce in connection with claimed goods/services. 

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Lindsey Leist
AIPA

AIPA: American Inventors Protection Act, an amendment to the U.S. Patent Act, legislation aimed at protecting the rights of inventors.

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Lindsey Leist
Agent

Agent: An individual who is authorized to represent an another, called a “principal.”  For patents, this is a person registered to practice before the office and authorized to represent an applicant for a patent.  An “agent” is not a licensed attorney, but is authorized to act for or on behalf of the applicant.

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Lindsey Leist