Dictionary Search: "Mark" - Pakistan Law Portal

Aftermarket

See secondary market.

Arbitrary mark

see arbitrary trademark under trademark.

Arbitrary trademark

see trademark.

At-the-market price.

see price,

Auction market

see market.

Aunt jemima doctrine. Trademarks

the principle that a trademark is protected not only from an act of direct copying, but also from the use of any similar mark that would likely make a buyer think that the item bearing the similar mark comes from the same source as the trademarked item. Aunt jemima mills co. V. Rigney & co., 247 f. 407 (2d cir. 1917); 15 usca § 1114.

Below-market loan

see interest-free loan under loan.

Benchmark

See BENCHMARK.

Benchmark.

a standard unit used as a basis for comparison.

Common Market

The European Economic Community. ( Common Market is a colloquial term - not a formal designation.

Demimark

See DEMIMARK.

Earmark

ub. 1. To mark with an earmark. 2. To ;P~, aside for a specific purpose or recipient.

Friday market

The normal tendency for stock-prices to decline on Fridays. ( The tendency occurs because many investors balance their accounts before the weekend to avoid any adverse changes in market prices over the weekend.

Friday market.

See MARKET.

Landmark

1. A feature of land (such as a natu ral object, or a monument or marker) tha demarcates the boundary of the land <accord ing to the 1891 survey, the crooked oak tree i the correct landmark at the property's north east corner>. 2. A historically significant build ing or site <the schoolhouse built in 1898 i the county's most famous landmark>. See MONUMENT.

Mark

n. 1. A symbol, impression, or feature on something, usu. to identify it or distinguish it from something else. 2. TRADEMARK (1). 3. SERVICEMARK.

Mark Hopkins doctrine

The principle that when an employee leaves a job because of s labor dispute, any later employment the employee has must be bona fide and intended as permanent for the employee to avoid a labordispute disqualification from unemployment benefits if the employee leaves the later job. Mark Hopkins, Inc. u. Employment Comm'n, 151 P.2d 229 (Cal. 1944).

Markdown

A reduction in a selling price.

Market

n. 1. A place of commercial activity in which goods or services are bought and sold < the farmers' market>. - Also termed mart. 2. A geographic area or demographic segment considered as a place of demand for particular goods or services <the foreign market for microchips. 3. The opportunity for buying and selling goods or services; the extent of economic demand <a strong job market for accountants. 4. A securities or commodities exchange <the stock market closed early because of the blizzard>. 5. The business of such an exchange; the enterprise of buying and selling securities or commodities <the stock market is approaching an all-time high>. 6. The price at which the buyer and seller of a security or commodity agree <the market for oil is $16 per barrel advancing marketSee bull market.

Marketability

Salability; the probability of selling property, goods, securities, or services at specified times, prices, and terms.

Marketable

adj. Of commercially acceptable quality; fit for sale and in demand by buyers. -Also termed merchantable. marketable security. See SECURITY. marketable title. See TITLE (2).

Marketing

n. 1. The act or process of promoting and selling products or services. 2. The part of a business concerned with meeting custorners' needs. 3. The area of study concerned wit b the promotion and selling of products or services.

Markon

An amount (usu. expressed as a percentage) initially added to a product's cost to obtain the list price. ( Further increases or decreases in price are called markups or markdowns, respectively.

Marks rule

The doctrine that, when the U.S. Supreme Court issues a fractured, plurality opinion, the opinion of the Justices concurring in the judgment on the narrowest grounds -that is, the legal standard with which a majority of the Court would agree - is considered the Court's holding. Marks v. United States, 430 U.S. 188, 97 S.Ct. 990 (1977).

Marksman

1 A person who, not being able to write, signs documents with some kind of character or symbol. 2. A highly skilled shooter.

Markup

n. 1. An amount added to an item's cost to determine its selling price. See PROFIT MARGIN. 2. A session of a congressional committee during which a bill is revised and put into final form before it is reported to the appropriate house.

Markusk doctrine

Patents. An exception to the policy against use of alternative language in claims, by which in certain claims (esp. those involving chemical components) a claimant can use an alternative, subgeneric phrase when there is no applicable, commonly accepted generic expression. Ex parte Markush, 1925 Dec. Comm'r Pat. 126. "The Patent Office early adopted a policy against use of alternative language in claims. Thus, a claimant could not use the specific alternative phrase 'glass or plastic' but could use a generic phrase (such as 'impervious transparent material') that would cover effectively the desired alternatives. The Markush doctrine developed as an exception . . . . With chemical compounds there may be no suitable phrase to cover the alternatives. Under limited circumstances a claimant could use an artificial or coined subgeneric group in the form of 'material selected from the group consisting of X, Y, and Z.' " 2 Donald S. Chisum, Patents § 8.06[2], at 8-119 to 8-120 (1992).

Merchandise Marks Acts

Hist. An 1887 statute (50 & 51 Vict., ch. 28) making it a misdemeanor to fraudulently mark merchandise for sale or to sell merchandise so marked. ( This statute was repealed in 1968.

Patent and Trademark Office

The Department of Commerce agency that examines patent and trademark applications, issues patents, registers trademarks, and furnishes patent and trademark information and services to the public. - Abbr. PTO.

Plimsoll marks

See LOAD LINE.

Postmark

An official mark put by the post office on an item of mail to cancel the stamp and to indicate the place and date of sending or receipt.

Servicemark

A name, phrase, or other device used to identify and distinguish the services of a certain provider. ( Servicemarks identify and afford protection to intangible things such as services, as distinguished from the protection already provided for marks affixed to tangible things such as goods and products. - Often shortened to mark. - Also spelled service mark; service-mark. Cf. TRADEMARK (1).

Trademark

n. 1. A word, phrase, logo, or other graphic symbol used by a manufacturer or seller to distinguish its product or products from those of others. ( The main purpose of a trademark is to guarantee a product's genuineness. In effect, the trademark is the commercial substitute for one's signature. To receive federal protection, a trademark must be (1) distinctive rather than merely descriptive, (2) affixed to a product that is actually sold in the marketplace, and (3) registered with the U.S. Patent and Trademark Office. In its broadest sense, the term trademark includes a servicemark. -Often shortened to mark. Cf. SERVICEMARK. 2. The body of law dealing with how businesses distinctively identify their products. See LANHAM ACT. "The protection of trade-marks is the law's recognition of the psychological function of symbols. If it is true that we live by symbols, it is no less true that we purchase goods by them. A trade-mark is a merchandising shortcut which induces a purchaser to select what he wants, or what he has been led to believe he wants. The owner of a mark exploits this human propensity by making every effort to impregnate the atmosphere of the market with the drawing power of a congenial symbol. Whatever the means employed, the aim is the same - to convey through the mark, in the minds of potential customers, the desirability of the commodity upon which it appears. Once this is attained, the trade-mark owner has something of value. If another poaches upon the commercial magnetism of the symbol he has created, the owner can obtain legal redress." Mishawaka Rubber & Woolen Mfg. Co. v. S.S. Kresge Co., 316 U.S. 203, 205, 62 S.Ct. 1022, 1024 (1942) (Frankfurter, J.). "A trademark functions on three different levels: as an indication of origin or ownership, as a guarantee of constancy of the quality or other characteristics of a product or service, and as a medium of advertisement. Thus, a trademark guarantees, identifies, and sells the product or service to which it refers. These three facets of a trademark - of differing importance at different times, in different lines of business and for different products or services - are somewhat correlative. The classical function, that of identification, has been primarily responsible for molding the development of trademark law. The significance of the guarantee function has been somewhat exaggerated, while the implications of the advertisement function still await full recognition in the law." 3 Rudolf Callmann, The Law of Unfair Competition, Trademarks and Monopolies § 17.01, at 2 (4th ed. 1998).

Watermark

1. A mark indicating the highest or lowest point to which water rises or falls.

actual market value

See fair market value.

actual market value.

See fair market value under VALUE.

advancing market.

see bull rnarhet under market.

aftermarket

see secondary market under market.

arbitrary trademark

A trademark containing common words that do not describe or suggest any characteristic of the product to which the trademark is assigned. - Also termed arbitrary mark.

at-the-market price

A retail price that store owners in the same vicinity generally charge.

auction market

A market (such as the New York Stock Exchange) in which securities are bought and sold by competitive bidding through brokers. Cf negotiated market.

bear market.

A securities market characterized by falling prices over a prolonged period. - Also termed down market; receding market.

below-market loan

See interest-free loan.

black market

An illegal market for goods that are controlled or prohibited by the government, such as the underground market for prescription drugs.

bull market