Patent Terms Glossary

Defensive publication

Definition:
A publication and disclosure to the public of a pending patent application.

FDC

Definition:
Final Data Capture - Once the fee, any correspondence, and/or drawings are matched with the application and all requirements have been met for issuance as a patent.

Appeal (trademark)

Definition:
An applicant who wants to contest a final refusal from an examining attorney may file an appeal to the Trademark Trial and Appeal Board.

Descriptive Mark

Definition:
A mark is considered merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose or use of the specified goods or services.

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.

Madrid Protocol

Definition:
The "Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks" is an international treaty that allows a trademark owner to seek registration in any of the countries.

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