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Daily Terms

First Sale Doctrine

Definition:
An exception to the exclusive right of a copyright owner to distribute copies or phonorecords of the copyrighted work.

Community Trade Mark (CTM)

Definition:
A trademark registration granted by the European Community Trademark Office and enforceable throughout EC member nations.

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Advanced Coding of Design Marks

Dotted lines depicting an article of manufacture, such as shoes or parts of clothing, are coded as the object they represent.  If there is doubt as to the sex of the human, the design is coded as male.  Stylized human designs contain disproportionate elements or characteristics that modify the appearance of an actual human being.  Stylized humans are coded in both the stylized code and the appropriate "realistic" human code sections including "Groups" and "Activities".  If there is doubt as to whether a design is stylized it is coded in the stylized section.  Grotesque human designs are comprised of objects, plants, or geometric figures, or designs that form an incongruous appearance.  Stick figures are coded as grotesque humans because they are comprised of geometric designs (lines and circles).  In addition, letters or numerals, including punctuation, forming representations of humans are coded as grotesque humans. 

Stylized animal designs contain disproportionate characteristics that modify the appearance of an actual animal. All stylized animals are coded in both the stylized code and the appropriate "realistic" animal code sections.  Costumed animals and animals with human attributes or possessing objects associated with humans are coded at the various costumed animal codes "03.XX.26." They are also coded in the appropriate "realistic" animal codes. Costumed animals and those with human attributes are not coded under the stylized animal section.  Small, inconspicuous design elements which merely function as punctuation or parts of letters are only coded in 29.01.07. 

The marks coded as "color marks" under 29.02 - 29.07 claim one or more colors as the mark.  The description of the mark is often helpful in determining whether the mask consists of color alone.  Because these marks are for color alone, there are no words, numbers, or letters on the drawing.  The design is also coded in the appropriate design code for that design.  Marks consisting of a single color used on the entire goods or goods used in rendering a service are coded in 29.02.  Marks consisting of a single color used on a portion of the goods or on a portion of the goods used in rendering a service are coded in 29.03.  Marks consisting of a single color used on packaging or labels for the goods or on signs used with services are coded in 29.04.  Marks consisting of multiple colors used on the entire goods or on goods used in rendering a service are coded in 29.05.  Marks consisting of multiple colors used on a portion of the goods or on goods used in rendering a service are coded in 29.06.  Marks consisting of a multiple colors used on packaging or labels for the goods or on signs used with services are coded in 29.07.  Prior to November 2, 2003 an applicant was allowed to represent color in a mark by using a color lining system. The color lining system required applicants to line their drawings using certain patterns designated for certain colors, and to provide a color lining statement describing where the colors appeared.  Some applicants continue to file for color marks using this system. The drawing in these applications will be lined as indicated above and the application will contain a claim to a specific color or colors. The coder should only code marks as color marks if both the color lining and color statement appear in the application. As with all marks for color alone, there are no words, letters or numbers in the mark.

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