September 25, 2025 Copyright ©️ by goldkeen International Patent & Trademark Joint Office
Navigating trademarks, patents, and copyrights can feel overwhelming—especially when IP consultants throw around legal jargon you’ve never heard before.
But don’t worry! We’ve created this plain-language Intellectual Property Glossary to help you understand essential IP terms and protect your brand with confidence.
• Assignment
Definition: The legal transfer of intellectual property rights to another party.
Plain Language: Think of it like transferring ownership. You can:
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Transfer all rights (e.g., full patent sale)
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Transfer partial rights (e.g., 50% interest)
- Assign rights for specific regions only (e.g., within the U.S. market)
📌 Key Point: After assignment, the assignee becomes the new right holder.
• Descriptive Mark
Definition: A word, symbol, or image that directly describes the characteristics or functions of a product/service.
Plain Language: Names like “Cooling Spray” or “Anti-Acne Mask” simply describe what the product does. These terms usually lack distinctiveness and are not inherently registrable—unless they acquire secondary meaning through strong advertising, sales, or consumer recognition.
📌 Key Point: Acquired distinctiveness may still allow registration over time.
• Trademark Dilution
Definition: Unauthorized use of a mark that weakens the distinctiveness or tarnishes the reputation of a famous trademark, even if there is no confusion.
Plain Language: Using a similar name like “Coca-Coola” may not confuse buyers, but it makes Coca-Cola’s brand feel less unique.
📌 Key Point: Dilution damages brand power, even without direct infringement.
• Fair Use
Definition: Legal exceptions that allow limited use of copyrighted works without infringing copyright law.
Examples:
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Use by government or judicial entities
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Reproduction for classroom instruction
- Use by educational or nonprofit institutions
📌 Key Point: “Free” doesn’t mean “legal”—fair use depends on purpose, amount, and impact on the market.
• First-to-File Principle
Definition:
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Patent: Rights belong to the first applicant, not necessarily the original inventor.
- Trademark: Filing date determines priority and is used to resolve disputes.
📌 Key Point: Ideas aren’t protected unless you actually file for them.
• Generic Term
Definition: A common name used to describe a general category of goods or services that cannot be monopolized through trademark registration.
Plain Language: Words like “tissue,” “cell phone,” or “bottled water” are used by everyone, so they cannot be owned exclusively.
📌 Key Point: Trademarks must be distinctive—generic terms belong to the public.
• Disclaimer (Non-Exclusive Statement)
Definition: A statement filed during or after a trademark application that relinquishes exclusive rights to descriptive or generic terms within the mark.
Plain Language: If your brand name includes public-use words, you must give up exclusive rights to that part.
📌 Example: In “Sweet Doux Cake,” “Doux” (meaning sweet) can’t be claimed exclusively.
• ™ Ⓡ © Symbols
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™ (TM): Stands for “trademark” — typically used for marks pending registration.
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Ⓡ (R): Stands for “registered trademark” — used once officially approved.
- ©: Stands for “copyright” — used for literary or creative works.
📌 Key Point: These symbols show the status of your IP rights. Use them correctly!
• ® Trademark
Definition: Any sign capable of distinguishing the goods or services of one enterprise from those of others, including words, logos, symbols, colors, sounds, shapes, motions, holograms, or any combination thereof.
Plain Language: It’s what customers use to recognize your brand.
📌 Key Point: Trademarks must be distinctive and indicate commercial origin.
• Patent
Definition: An exclusive right granted for an invention that meets industrial applicability, novelty, and inventive step.
Types:
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Invention Patent – full technical innovation
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Utility Model – small practical improvement
- Design Patent – product appearance and aesthetics
📌 Key Point: You must meet all 3 requirements: industrial applicability, novelty, and inventive step.
• Copyright
Definition: A legal right protecting original works in literature, science, art, or other academic fields.
Plain Language: If you draw, write, film, or compose something original, you own the copyright automatically.
📌 Key Point: Registration is not required, but helps prove ownership in court.
• Trademark Renewal
Definition: The process of extending a trademark’s protection period beyond the initial 10 years.
Plain Language: A registered trademark is valid for 10 years. To continue, you must file a renewal within 6 months before or after expiration.
📌 Key Point: Late renewals cost double the fee—renew early to save money!
