Glossary
Trademark and Patent Glossary
Definitions help, but the exact legal answer depends on the records, facts, and current law.
Reviewed July 6, 2026. Educational guide, not legal advice or representation.
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Each page helps readers organize facts, deadlines, documents, and questions before speaking with qualified counsel.
AbandonmentLoss of an application or rights because required action, use, or response was not completed.Acquired DistinctivenessEvidence that consumers recognize a descriptive mark as identifying a single source.Actual UseCommercial use of a trademark in connection with goods or services.Additional MatterNew subject matter added after filing, often creating patent priority issues.Allegation of UseA filing showing use of a trademark in commerce for an intent-to-use application.AssignmentA transfer of ownership rights in a trademark, patent, or application.Cease and Desist LetterA demand letter asking another party to stop conduct believed to violate IP rights.Certification MarkA mark used to certify characteristics, origin, or standards of goods or services.ClaimThe numbered language in a patent that defines the legal scope of the invention.Common Law TrademarkTrademark rights based on marketplace use rather than federal registration.ContinuationA later patent application using the same disclosure to pursue additional claims.Continuation-in-PartA patent application that adds new matter to an earlier disclosure.CopyrightProtection for original works fixed in a tangible medium, separate from trademark and patent law.Design PatentPatent protection for the ornamental appearance of an article.Descriptive MarkA mark that describes an ingredient, quality, function, feature, purpose, or use.DisclaimerA statement that no exclusive claim is made to part of a mark apart from the whole mark.DistinctivenessThe ability of a mark to identify and distinguish a source.Divisional ApplicationA patent application separated after a restriction requirement.DrawingA visual depiction of a trademark design or patent invention, depending on context.EnablementPatent disclosure sufficient to teach how to make and use the invention.ExaminationUSPTO review of an application for legal requirements.Filing BasisThe legal basis for a trademark application, such as use in commerce or intent to use.Freedom to OperateAnalysis of whether a product or process may infringe existing patent rights.Generic TermA term that names the class of goods or services rather than a source.Goods and ServicesThe products or services identified in a trademark application.Grace PeriodA limited period after certain disclosures during which U.S. patent filing may still be possible.InfringementUnauthorized activity that violates another party's intellectual property rights.Intent to UseA trademark application basis for a mark the applicant has a bona fide intent to use.InventorshipIdentification of the people who contributed to the claimed invention.Likelihood of ConfusionA trademark question about whether consumers may mistakenly believe goods or services come from the same source.Madrid ProtocolInternational trademark filing system administered through WIPO and national offices.Maintenance FilingA filing required to keep a registration or patent active.MarkA word, name, symbol, design, sound, or other source identifier.NonobviousnessA patentability requirement asking whether the invention would have been obvious over prior art.Nonprovisional ApplicationA patent application examined by the USPTO that can mature into a patent.NoveltyA patentability requirement that the claimed invention is new over prior art.Office ActionA written USPTO communication raising refusals, rejections, or requirements.OppositionA TTAB proceeding challenging a pending trademark application after publication.Patent AgentA USPTO-registered practitioner who can practice before the USPTO in patent matters but is not a lawyer.Patent AttorneyA lawyer registered to practice before the USPTO in patent matters.Patent PendingA notice used after a patent application has been filed and remains pending.PCT ApplicationInternational patent application pathway under the Patent Cooperation Treaty.Prior ArtExisting information that may affect patentability.Provisional ApplicationA U.S. patent filing that can secure a filing date but must be followed by a nonprovisional within the required time.PublicationPublic availability of an application or mark in official systems, depending on context.ReexaminationUSPTO review of an issued patent based on prior art questions.RefusalA trademark examining attorney's legal reason for not approving an application.RegistrationThe result of completing a trademark application process, subject to maintenance and use.SpecimenEvidence showing how a trademark is used in commerce.Statement of UseA filing showing use of an intent-to-use mark after a notice of allowance.Suggestive MarkA mark that requires imagination to connect it with the goods or services.TMEPTrademark Manual of Examining Procedure used by trademark examining attorneys.Trade DressThe total image or appearance of a product or packaging that identifies source.Trade SecretConfidential business information protected through reasonable secrecy measures.TrademarkA source identifier for goods or services.TTABTrademark Trial and Appeal Board, which handles certain trademark registration disputes.Utility PatentPatent protection for useful processes, machines, manufactures, compositions, or improvements.Written DescriptionPatent disclosure showing possession of the claimed invention.