A Trademark Application is considered Abandoned, pursuant to 37 CFR 1.135 and 1.138, when it is removed from the Office docket of pending applications due to:

(A) Formal Abandonment, which may occur:

• By the applicant,
• By the attorney or agent of record, or
• By a registered attorney or agent acting in a representative capacity under 37 CFR 1.34 when filing a continuing application; or

(B) Failure by the applicant to take the required action within a specified time during the prosecution of the application.

The prcoess of removing a Trademark or Service Mark Application from the USPTO docket of pending applications. 

An Agent for Service of Process (called “Registered Agent” or “Statutory Agent” in some states) is a “person” or “entity” designated by an LLC or Corporation to receive legal documents and government notices on behalf of a company.

An Agreement is a mutual understanding between two or more parties regarding their respective rights and obligations. An Agreement reflects the parties’ intent to be bound by certain terms, whether expressed verbally, in writing, or implied by conduct.

A claim by the applicant of an Intent to Use trademark application that the trademark is being used in the stream of commerce. 

An amendment is a formal modification, revision, correction, or addition made to an existing legal document, filing, agreement, corporate record, or organizational instrument.

An annual meeting is a regularly scheduled meeting of shareholders, members, directors, or other governing parties held each year to address required corporate or organizational matters, elections, reports, and other business affairs.

An appeal is a legal process through which a party requests that a higher court, tribunal, or authority review and reconsider a decision, ruling, judgment, or determination made by a lower court or governmental body.

An arbitrary mark is a trademark that uses a common word or term in a manner that has no logical or direct relationship to the goods or services with which it is used. (i.e. “Apple” for computers; “Camel” for cigarettes; “Shell” for gas and oil.

The official document filed with a Secretary of State to form a Corporation. 

The official document or form filed with a Secretary of State to form a Limited Liability Company. 

An asset is any item of value owned or controlled by an individual or entity that may provide current or future economic benefit, utility, or legal rights.

Asset protection is the use of lawful legal strategies, structures, planning techniques, and risk-management measures designed to help safeguard assets from potential claims, liabilities, creditors, or other financial risks.

An asset purchase is a transaction involving the acquisition or sale of specific assets, rights, or property of a business, rather than the ownership interests or equity of the business entity itself.

A written contract whereby one party (the Seller) sells all or substantially all of its assets in a business to another party (the Buyer). Asset purchase agreements are normally used when the Buyer wants to purchase the assets of a business without taking on the liabilities. See also, Stock Purchase Agreement. 

An assignment is the transfer of certain rights, interests, ownership, or obligations from one party to another through a legal agreement or other authorized means.

A cease and desist letter is a formal written demand requesting that a party stop certain alleged actions, conduct, infringement, violations, or activities that may violate legal rights or obligations.

A certificate provided by the United States Patent and Trademark Office (USPTO) evidencing that a trademark or service mark has been registered with the USPTO. 

A certification mark is a trademark used to certify that the goods or services of others meet certain standards, qualities, characteristics, materials, methods of manufacture, geographic origin, or other specified criteria established by the owner of the mark.

Examples of certification marks include:

• UL — certifies product safety standards
• Certified Angus Beef — certifies beef meeting specified quality standards
• Idaho Potatoes — certifies geographic origin and quality standards
• Woolmark — certifies products made from pure wool
• Fairtrade — certifies compliance with fair trade standards

Unlike ordinary trademarks, certification marks are generally used by authorized third parties rather than by the owner of the mark itself.

A charging order is a court-authorized remedy that grants a creditor the right to receive distributions or financial interests that would otherwise be payable to a debtor from a limited liability company, partnership, or similar entity, without necessarily granting management or ownership rights in the entity.

Charging order limitations are legal restrictions that limit a creditor’s remedies against a debtor’s ownership interest in certain business entities, often restricting the creditor to receiving distributions without granting control, voting, management, or direct ownership rights in the entity.

A coexistence agreement is a legal agreement between parties establishing the terms under which similar or potentially conflicting trademarks may coexist and be used in commerce without objection, confusion disputes, or infringement claims under agreed conditions.

A collective mark is a trademark or service mark used by members of a group, association, cooperative, or other collective organization to identify membership or to distinguish the goods or services of members from those of non-members.

Examples of collective marks include:

• CPA — used by qualified members of the accounting profession
• REALTOR — used by members of the National Association of Realtors
• AAA — used by affiliated members and organizations
• NFL — used by member teams of the league

Unlike standard trademarks, collective marks are generally used by authorized members of the collective organization rather than solely by the owner itself.

Compliance is the ongoing process of adhering to applicable laws, regulations, filing requirements, corporate formalities, internal governance procedures, and operational obligations required for a business or entity to remain in good standing. See our CAP Defense services for more.

A confidentiality agreement is a legal agreement that restricts the disclosure, use, or unauthorized sharing of confidential, proprietary, or sensitive information between parties.

A conflicting mark is a trademark or service mark that may create a likelihood of confusion with another mark due to similarities in appearance, sound, meaning, commercial impression, or related goods or services.

A copyright is a form of intellectual property protection that grants the creator of an original work exclusive rights to reproduce, distribute, display, perform, license, and create derivative works from that work for a limited period of time.

Copyright infringement is the unauthorized use, reproduction, distribution, display, performance, or creation of derivative works from copyrighted material in violation of the rights of the copyright owner.

Copyright Law is a type of Intellectual Property Law, created by The Copyright Act of 1976, that protects original works of authorship, such as books, movie scripts, photos, graphics, and art, just to name a few things. It gives the creator of a work the exclusive legal rights to use, reproduce, distribute, display, perform, and create derivative works based on that original work. 

An attorney whose legal practice focuses on Copyright Law including Copyright Registration. 

A lawyer whose law practice is focused on Corporations, including Corporate Formation, Compliance, and representations. 

The attorney assigned by the United States Patent and Trademark Office to review a Trademark Application to determine whether Registration of the applied-for mark will be granted or refused. The Examining Attorney may also require additional information or amendments to the application by issuing an Office Action. 

A generic term is a common name or description for a type of product, service, or category of goods that cannot function as a trademark because it does not identify a single commercial source.

Goods and services are the specific products and activities identified in a trademark application or registration that define the scope of protection and the commercial use of the trademark.

Incontestability is a legal status that may be obtained by certain federally registered trademarks after meeting statutory requirements, providing the registration with enhanced evidentiary protections and limiting certain grounds upon which the trademark may be challenged.

An Inside Creditor is a creditor who has a claim directly against a business entity or an entity that owns a real estate property due to a cause of action attributed to the business or real property. (see also, Outside Creditor).

Inside Debt is debt owed to an Inside Creditor who has a claim against a business entity or an entity that owns real property resulting from a cause of action attributed to the business entity or real estate property. (see also, Outside Debt).

Intellectual property is a category of legal rights protecting creations of the mind, including trademarks, copyrights, patents, trade secrets, designs, brands, inventions, creative works, and other proprietary intangible assets.

An intent-to-use application is a trademark application filed with the United States Patent and Trademark Office based on a bona fide intention to use a trademark in commerce in the future, even though the mark is not yet currently in use.

Definition

Official notes taken during a Board of Directors, Shareholders, Members, or other official business meetings documenting the events that transpired during the meeting, including, but not limited to resolutions, ratifications, and other important votes and decisions made during such meeting. Meeting minutes are often required formalities that business entities must comply with. 

A Member is an individual or entity that owns a Membership Interest (ownership interest) in a Limited Liability Company. 

An official certificate demonstrating an individuals or entity’s ownership interest in a Limited Liability Company. 

Evidence of an ownership interest in a Limited Liability Company that entitles the owner to a share of the LLC’s profits, losses, and voting rights. See also, Stock Certificate.

Merely descriptive refers to a trademark or term that directly describes an ingredient, quality, characteristic, function, feature, purpose, or other attribute of the applicable goods or services rather than identifying their source.

A minute book is a collection of a corporation’s or entity’s important organizational and governance records, including meeting minutes, written consents, bylaws, resolutions, stock records, and other official corporate documents.

An Office Action is an official written communication issued by a Trademark Examining Attorney at the United States Patent and Trademark Office identifying legal issues, procedural requirements, refusals, or other matters that must be addressed before a trademark application may proceed toward registration.

An operating agreement is a legal agreement among the members of a limited liability company that governs the company’s ownership, management, operations, rights, responsibilities, and internal affairs.

In the world of Asset Protection, an Outside Creditor is a creditor that has a claim against the owners of a business entity or an entity that owns a real estate property, holding the owners individually liable for such claims. 

An Outside Debt is debt owed to an Outside Creditor personally by the owners of a business entity or an entity that owns real estate property for a claim that falls outside of the protections offered by the business entity. 

A quitclaim deed is a legal document used to transfer whatever ownership interest a person or entity may have in real property, without providing any warranties or guarantees regarding title, ownership, or encumbrances.

A 2(d) Refusal is a refusal to register a Trademark based on Section 2(d) of the Lanham Act. A Trademark Examining Attorney will issue a 2(d) Refusal if he or she believes that your applied-for Trademark is “likely to cause confusion” with an already Registered Trademark or a pending Trademark application. The purpose of a Section 2(d) Refusal is to prevent consumers from mistakenly believing your Goods or Services come from the same source as those associated with the pre-existing o r pending Trademark or Service Mark.

Securities are financial ownership or investment interests in a business or enterprise, such as stocks, membership interests, partnership interests, bonds, notes, or other instruments representing equity, debt, or rights to share in profits or assets.

A security agreement is a legal agreement that grants a lender a security interest in specified collateral to secure repayment obligations under a promissory note or other debt instrument.

A service mark is a word, name, phrase, logo, symbol, design, or combination thereof used to identify and distinguish the source of services of one party from those of others.

A settlement is a negotiated resolution of a dispute between parties, typically involving agreed terms intended to resolve claims, avoid further conflict, or conclude legal proceedings without a final court judgment.

A settlement agreement is a legally binding contract between parties that sets forth the terms and conditions for resolving a dispute, claim, or legal matter.

A shareholder is a person or entity that owns one or more shares of stock in a corporation and holds an ownership interest in that corporation.

A shareholder buy/sell agreement is a legal agreement among shareholders that governs the purchase, sale, transfer, or disposition of shares in a corporation upon specified events or circumstances.

A shareholder meeting is a formal meeting of a corporation’s shareholders held to discuss, vote on, and take action regarding corporate matters, governance issues, and other business affairs of the corporation.

A special meeting is a meeting called outside of a regularly scheduled meeting to address specific matters, business, or actions requiring consideration or approval by the applicable members, shareholders, directors, or other governing parties.

A specimen is a real-world example showing how a trademark is actually used in commerce in connection with the applicable goods or services identified in a trademark application or registration.

A Statement of Information is a periodic filing required by certain state agencies, like the California Secretary of State, that provides updated information regarding a business entity’s ownership, management, addresses, registered agent, and other corporate or organizational details for compliance and public record purposes.

A Statement of Use is a filing submitted to the United States Patent and Trademark Office declaring that a trademark is being used in commerce in connection with the goods or services identified in a trademark application, and typically includes supporting specimens evidencing such use.

Stock is a unit of ownership in a corporation representing an equity interest in the company, including certain rights, privileges, and potential interests in the corporation’s assets, profits, and governance.

A legally issued certificate evidencing ownership of shares of stock of a Corporation. See also, Membership Certificate.

A stockholder, also called a shareholder, is a person or entity that owns one or more shares of stock in a corporation and holds an ownership interest in that corporation.

A stock purchase agreement is a legal agreement governing the purchase and sale of shares of stock in a corporation, including the terms, conditions, representations, warranties, and obligations of the parties involved in the transaction.

The Supplemental Register is a secondary trademark register maintained by the United States Patent and Trademark Office for trademarks that are capable of distinguishing goods or services, but that do not yet qualify for registration on the Principal Register, often because they are considered descriptive.

Abbreviation for the Uniform Domain Name Dispute Resolution Policy.

The Uniform Domain Name Dispute Resolution Policy was established by the Internet Corporation for Assigned Names and Numbers (ICANN) to help resolve disputes between domain name registrants and those claiming to have protected rights in a registered domain name.

The United States Patent and Trademark Office (USPTO) is the federal agency responsible for examining and registering trademarks, issuing patents, and administering laws related to intellectual property protection in the United States.

Use in Commerce refers to the bona fide use of a trademark in the ordinary course of trade in connection with the sale, advertising, or offering of goods or services across state lines or in commerce that Congress can lawfully regulate.

Abbreviation for the United States Patent and Trademark Office. 

A trademark or service mark that is registered in “text” format rather than in logo, icon, or graphic format.

Definition

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