Continuation - A second patent application containing a disclosure identical to one in a previous (parent or grandparent) application filed by the same applicant as the original application, while the original application is still pend- ing, and that is entitled to the filing (priority) date of the original application.
Commerce - For the purpose of obtaining federal registration, "commerce" means all commerce that the U.S. Congress may lawfully regulate; for example, interstate commerce or commerce between the U.S. and another country. "Use in commerce" must be a bona fide use of the mark in the ordinary course of trade, and not use simply made to reserve rights in the mark. Generally, acceptable use is as follows: (1) For goods: the mark must appear on the goods, the container for the goods, or displays associated with the goods, and the goods must be sold or transported in commerce; (2) For services: the mark must be used or displayed in the sale or advertising of the services, and the services must be rendered in commerce.
Designation - an indication made by applicant, in the Request for an International Application filed under the Patent Cooperation Treaty, as to the Contracting States in which protection for an invention is desired.
Commercialization - The process of taking an invention or discovery to the marketplace. It involves working the idea into a business plan, consideration of protection options, and determining how to market and distribute the finished product.
Common Law - Common law rights are property or other legal rights that do not absolutely require formal registration in order to enforce them.
Compulsory license - A license granted by the state upon request to a third party that, through the license, is permitted to exploit a patented invention after the owner of the patent has refused to provide a voluntary license under acceptable conditions.
Class or Classification - With trademarks, the class or classification means what kind (class) of goods or services offered are being represented by a certain trademark. Trademark classification is based on International Trade Codes. Each class has a number assigned to it. With patents, the class or classification is based on what type of invention you are patenting. Classes are defined by the U.S. Patent Classification System or USPC. A subclass is as the name suggests a narrower definition (subclass) within a class. Each class or subclass has a number assigned to it.
Collective membership mark - any word, phrase, symbol or design, or a combination thereof which indicates that the user of the mark is a member of a particular organization. The owner of the mark exercises control over the use of the mark; however, because the sole purpose of a membership mark is to indicate membership, use of the mark is by members.
Common Law Rights - 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, requires meticulous documentation, and places a heavy burden on the individual. Active Federal registration of trademark can provide a higher degree of legal protection and readily-demonstrated evidence of ownership of a mark.
Confidentiality agreement - A legal document through which intellectual property can be disclosed by one party to another wherein the latter party is permitted to use the information for certain purposes, and only those purposes, that are stated in the agreement and agrees not to disclose the information to others.
