The Everyday Dictionary of Law

Trademark Application and Registration Retrieval system.
USPTO's online database for monitoring federal trademark applications and registrations. Using TARR, applicants, trademark owners and the public may check the status of pending trademark applications and registrations. To access information about a specific mark, users must provide the associated serial number or registration number of the record they seek.

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Trademark Document Retrieval system.
Online retrieval of documents from the electronic case file for federal trademark applications and registrations. To access information about a specific mark, users must provide the associated serial number,registration number, reference number, or international registration number of the record they seek.

Trademark Electronic Application System.
USPTO's electronic filing system. It may be used to file a variety of documents with the USPTO, including new trademark applications, amendments to allege use, statements of use, responses to Office actions, and changes of address, just to name a few.

Trademark Electronic Search System.
USPTO's online database for searching pending, registered and dead federal trademarks. TESS is free and intended for use by the general public. Due to limitations of equipment and bandwidth, TESS is not intended to be a source for bulk downloads of USPTO data. Bulk data may be purchased from USPTO at cost. Individuals, companies, IP addresses, or blocks of IP addresses who, in effect, deny service to the general public by generating unusually high numbers of daily TESS accesses (searches, pages, or hits), whether generated manually or in an automated fashion, may be denied access to these servers without notice.

Trademark Image Capture & Retrieval System.
A system used within the USPTO to scan, store and provide access to images of papers associated with trademark registrations.

A lossless, archival image file format - a type using G4 compression is used for patent images.

Trademark Information System.

Trademark Law Treaty.

The trademark symbol (™) represents a trademark that is unregistered. This does not guarantee protection, though some organisations use ™ to signify a trademark that is being processed.

Trademark Manual of Examining Procedure.

Trademark Official Gazette.

Trademark Public Advisory Committee.

Trademark Postal System.

Trademark Reporting And Monitoring - a system used by trademark examiners within USPTO.

Technical Review Board - an internal OCIO group that reviews IT project development at critical stages for conformance with USPTO standards and guidance.

The Agreement on Trade-Related Aspects of Intellectual Property Rights. This is an international agreement administered by the World Trade Organization (WTO). It articulates minimum standards for various forms of intellectual property regulation as applied to nationals of other WTO Members. For example, it is the TRIPS Agreement that requires WTO Members to provide protection for a minimum term of 20 years from the filing date of a patent application for any invention.

A Russian acronym: Teoriya Resheniya Izobretatelskikh Zadatch, which translates as 'The theory of inventive problem solving.' It refers to a science-based, rather than a psychology-based approach (such as brainstorming), to innovation. It centers on defining an ideal end state and then analyzing the contradictions that prevent a product or solution reaching that end state. Products are the result of compromises based on available resources or materials and the TRIZ methodology provides a framework for resolving the contradictions that lead to these compromises. It was devised by a patent examiner for the Russian Navy, Genrich Altshuller, who had reviewed tens of thousands of patents to try and determine what principles led to an innovative breakthrough, versus an incremental improvement.

Technical Reference Model.

Technology Standards and Guidelines.

Technical Support Staff -- USPTO employees who support examination workflow processing.

Trademark Trial and Appeal Board -- an administrative tribunal at the USPTO. It has jurisdiction over appeals from decisions of the Trademark Office, as well as opposition proceedings and cancellation proceedings.

Technology Transfer Office - This relates to an office, often within a university or governmental organization and sometimes within companies, that is responsible for identifying commercial partners or applications of a researched technology. Within universities, the office is responsible for the commercialization of innovation as defined by the intellectual property that a university holds.

Teletypewriter: also known as a TDD (Telecommunications Device for the Deaf).

“Tangible” refers to an expression capable of being touched and seen; perceptible to the touch; capable of being possessed or realized. It is opposed to “intangible” which refers to something that lacks a physical form, not capable of being touched; impalpable.
Tangible expressions are expressions incorporated in a material object. They are not necessarily reduced to a material form, but must be incorporated in a permanent material, such as stone, wood, textile, gold, etc. Tangible expressions qualify as protected expressions of folklore.

An expression or phrase that has a defined meaning when used in a particular context or knowledge environment (such as the patenting process, pharmaceuticals, computers, etc.).

A statement filed by an owner under 35 U.S.C. §253 (paragraph 2) and 37 CFR Section 1.321(b) or (c) to disclaim or dedicate to the public the entire term or any portion of the term of a patent or patent to be granted. A TD may be filed for the purpose of overcoming a judicially created double patenting rejection.

A patent title should convey to the user of patent documents a first impression of the main content of the invention

A product's design, product packaging, color, or other distinguishing non functional element of appearance.

Information that companies keep secret to give them an advantage over their competitors.

Trade secret governance is simply about defining the 'rules' for those involved in trade secret asset management within the organization. It is the process of decision-making and the process by which decisions are implemented (or not implemented). Ideally the process should distinguish between strategic and tactical decisions.

The Trade Secrets Directive is a directive in the European Union that standardises laws in member countries that protect against the unlawful acquisition and illegal use of trade secrets.

A design, symbol, word, or phrase that is either legally registered or established by use as the representation of a company or product.

Trademark Act of 1946 (currently contained in Chapter 22 of Title 15 of the United States Code); the major body of U.S. law that governs federal registration of trademarks.

An applicant who wants to contest a final refusal from an examining attorney may file an appeal to the Trademark Trial and Appeal Board. An appeal is taken by filing a Notice of Appeal and paying the appeal fee within six months of the mailing date of the action from which the appeal is taken. 15 U.S.C. §1070; 37 C.F.R. Section 2.142(a).

A document by which a person requests a federal trademark registration. To receive a filing date, an application must include (1) the applicant's name, (2) a name and address for correspondence, (3) a clear drawing of the mark sought to be registered, (4) a list of the goods or services, and (5) the application filing fee.

TMEP - a reference work on the practices and procedures relative to prosecution of applications to register marks in the USPTO. It contains guidelines for USPTO examining attorneys, trademark applicants and owners, and attorneys and representatives for trademark applicants and owners. The TMEP contains information about the trademark examination process, and outlines the procedures which examining attorneys are required or authorized to follow in the examination of trademark applications.

An administrative tribunal at the USPTO. It has jurisdiction over appeals from decisions of the Trademark Office, as well as opposition proceedings and cancellation proceedings.

Traditions are a set of cultural practices and ideas, which are considered to belong to the past and which are designated a certain status. Tradition-based creations or innovations refer to innovations and creations based on traditional knowledge as such, developed and innovated beyond a traditional context. Traditional knowledge as such refers to “knowledge systems, creations, innovations and cultural expressions that: have generally been transmitted from generation to generation; are generally regarded as pertaining to a particular people or its territory; have generally been developed in a non-systematic way; and, are constantly evolving in response to a changing environment.” Tradition-based innovation refers to the case where tradition is a source of innovation by members of the relevant cultural community or outsiders, and can also identify others uses of tradition relevant to an intellectual property analysis. The “List and Brief Technical Explanation of Various Forms in which Traditional Knowledge may be Found” (WIPO/GRTKF/IC/17/INF/9) discusses traditional knowledge “as such” and traditional knowledge-based creations and innovations further.

“Traditional” means that the traditional knowledge or cultural expressions are developed according to the rules, protocols and customs of a certain community, and not that they are old. In other words, the adjective “traditional” qualifies the method of creating traditional knowledge or cultural expressions and not the knowledge or expressions themselves. The term “traditional” means that the knowledge or cultural expressions derive from or are based upon tradition, identify or are associated with an indigenous or traditional people, and may be practiced in traditional ways. “Traditional context” refers to the way of using traditional knowledge or traditional cultural expressions in their proper artistic framework based on continuous usage by the community. An example could be the use of a ritual dance in its traditional context, as referring to the performance of the said dance in the actual framework of the rite.

WIPO uses the terms “traditional cultural expressions” and “expressions of folklore” to refer to tangible and intangible forms in which traditional knowledge and cultures are expressed, communicated or manifested. Examples include traditional music, performances, narratives, names and symbols, designs and architectural forms. The terms “traditional cultural expressions” and “expressions of folklore” are used as interchangeable synonyms, and may be referred to simply as “traditional cultural expressions,” often in its abbreviated forms “TCEs.” The use of these terms is not intended to suggest any consensus among WIPO Member States on the validity or appropriateness of these or other terms, and does not affect or limit the use of other terms in national or regional laws.

Traditions refer to past customs and usages that influence or govern present acts or practices. Intellectual property laws draw a distinction between traditional culture (which may be referred to as traditional culture or folklore stricto sensu) and, modern, evolving cultural expressions created by current generations of society and based upon or derived from pre-existing traditional culture or folklore.

The Dene Cultural Institute defines “traditional environmental knowledge” (TEK) as “a body of knowledge and beliefs transmitted through oral tradition and first-hand observation. It includes a system of classification, a set of empirical observations about the local environment, and a system of self-management that governs resource use. Ecological aspects are closely tied to social and spiritual aspects of the knowledge system. The quantity and quality of TEK varies among community members, depending on gender, age, social status, intellectual capability, and profession (hunter, spiritual leader, healer, etc.). With its roots firmly in the past, TEK is both cumulative and dynamic, building upon the experience of earlier generations and adapting to the new technological and socioeconomic changes of the present.”

Traditional ecological knowledge is also defined as “a cumulative body of knowledge and beliefs, handed down through generations by cultural transmission, about the relationship of living beings (including humans) with one another and with their environment. Further, TEK is an attribute of societies with historical continuity in resource use practices; by and large, these are non-industrial or less technologically advanced societies, many of them indigenous or tribal.”

The Dene Cultural Institute defines “traditional environmental knowledge” (TEK) as “a body of knowledge and beliefs transmitted through oral tradition and first-hand observation. It includes a system of classification, a set of empirical observations about the local environment, and a system of self-management that governs resource use. Ecological aspects are closely tied to social and spiritual aspects of the knowledge system. The quantity and quality of TEK varies among community members, depending on gender, age, social status, intellectual capability, and profession (hunter, spiritual leader, healer, etc.). With its roots firmly in the past, TEK is both cumulative and dynamic, building upon the experience of earlier generations and adapting to the new technological and socioeconomic changes of the present.”

Traditional ecological knowledge is also defined as “a cumulative body of knowledge and beliefs, handed down through generations by cultural transmission, about the relationship of living beings (including humans) with one another and with their environment. Further, TEK is an attribute of societies with historical continuity in resource use practices; by and large, these are non-industrial or less technologically advanced societies, many of them indigenous or tribal.”

There is as yet no accepted definition of traditional knowledge (TK) at the international level.
“Traditional knowledge,” as a broad description of subject matter, generally includes the intellectual and intangible cultural heritage, practices and knowledge systems of traditional communities, including indigenous and local communities (traditional knowledge in a general sense or lato sensu). In other words, traditional knowledge in a general sense embraces the content of knowledge itself as well as traditional cultural expressions, including distinctive signs and symbols associated with traditional knowledge.
In international debate, “traditional knowledge” in the narrow sense refers to knowledge as such, in particular the knowledge resulting from intellectual activity in a traditional context, and includes know-how, practices, skills, and innovations. Traditional knowledge can be found in a wide variety of contexts, including: agricultural knowledge; scientific knowledge; technical knowledge; ecological knowledge; medicinal knowledge, including related medicines and remedies; and biodiversity-related knowledge, etc.

The Traditional Knowledge Digital Library (TKDL) is a pioneer initiative of India to prevent misappropriation of the country's traditional medicinal knowledge. An interdisciplinary team of Traditional Medicine (Ayurveda, Unani, Siddha and Yoga) experts, patent examiners, IT experts, scientists and technical officers were involved in the creation of TKDL for Indian Systems of Medicine. The TKDL project involves documentation of the traditional knowledge available in public domain in the form of existing literature related to Ayurveda, Unani, Siddha and Yoga, in digitized format in five international languages which are English, German, French, Japanese and Spanish. The TKDL provides information on traditional knowledge existing in the country, in languages and formats understandable by patent examiners at International Patent Offices (IPOs), so as to prevent the grant of wrong patents.

The Traditional Knowledge Resource Classification (TKRC) is an innovative structured classification system for the purpose of systematic arrangement, dissemination and retrieval which identifies about 5,000 sub–groups of traditional knowledge against one group in international patent classification (IPC). The TKRC has been developed for the Indian Systems of medicine (Ayurveda, Unani, Siddha and Yoga). The TKRC has gained international recognition and linked with the IPC. It is likely to facilitate greater awareness on the traditional knowledge systems by leveraging the modern system of dissemination i.e. Information Technology, in particular, the Internet and Web technologies. It is anticipated that TKRC structure and details will create interest in those countries that are concerned about prevention of grant of wrong patents for non-original discoveries relating to traditional knowledge systems.

WHO defines the term as “the sum total of the knowledge, skills and practices based on the theories, beliefs and experiences indigenous to different cultures, whether explicable or not, used in the maintenance of health, as well as in the prevention, diagnosis, improvement or treatment of physical and mental illnesses.” WHO also defines “traditional medicine” as “including diverse health practices, approaches, knowledge and beliefs incorporating plant, animal, and/or mineral based medicines, spiritual therapies, manual techniques and exercises applied singularly or in combination to maintain well-being, as well as to treat, diagnose or prevent illness.”

An assignment, mortgage, exclusive license, or any other conveyance, alienation, or hypothecation of a copyright or of any of the exclusive rights contained in a copyright, whether or not it is limited in time or place of effect, but not including a nonexclusive license.

A word or phrase that serves to link or create a relationship between one idea or concept and another.
In the following example, "consisting of" is the transitional phrase between "an item" and "one or more parts".
EXAMPLE: an item consisting of one or more parts.

A body of material that, as an aggregate, has been produced for the sole purpose of transmission to the public in sequence and as a unit.

To “transmit” a performance or display is to communicate it by any device or process whereby images or sounds are received beyond the place from which they are sent.

A country or intergovernmental organization other than the United States that is a party to an international agreement.

In the US, damages awarded in court can be up to three times higher if it is proven that an invention was copied after its protected status had already been known or made known to the person infringing (willful infringement).

Term no longer in use.

Latin for "thus and such". (Scots law) "as is", to disclaim implied warranties, as in to purchase or convey something tantum et tale.

Latin for "no one's land". Land that has never been part of a sovereign state, or land which a sovereign state has relinquished claim to.

Latin for "transaction". Out-of-court settlement

Latin for "trial anew". A completely new trial of a matter previously judged. It specifically refers to a replacement trial for the previous one, and not an appeal of the previous decision.

Latin for "three-knotted need". Refers to a threefold tax levied on Anglo-Saxon citizens to cover roads, buildings, and the military.

Latin for "guardianship". Tutorship, i.e. legal guardianship under which the ward is only partially or temporarily incapable.