Patent Terms Glossary

Non-final Office Action (rejection)

Definition:
An Office action letter that raises new issues and usually is the first phase of the examination process. An examining attorney will issue a non-final Office action after reviewing the application for the first time.

Patent Infringement

Definition:
Unauthorized making, using, offering to sell, selling or importing into the United States any patented invention.

Blackout Period

Definition:
The period between the date the examining attorney approves the mark for publication and the date of issuance of the Notice of Allowance.

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,

Canceled Claim

Definition:
A claim that is canceled or deleted. "Canceled" is the status identifier that should be used when a claim is canceled in an application.

Collective Mar

Definition:
A trademark or service mark used, or intended to be used, in commerce, by the members of a cooperative, an association, or other collective group or organization, including a mark that indicates membership in a union, an association, or other organization

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