secondary term
secondary term. Oil & gas. The term of an oil-and-gas lease after production has been established, typically lasting “as long thereafter as oil and gas is produced from the premises.” See HABENDUM CLAUSE; PRIMARY TERM.
Search Results for: SECONDARY TERM
secondary right
A right prescribed by procedural law to enforce a substantive right, such as the right to damages for a breach of contract. • The enforcement of a secondary right is variously termed secondary enforcement, remedial enforcement, or sanctional enforcement. — Also termed remedial right; sanctioning right.
secondary obligation
A duty, promise, or undertaking that is incident to a primary obligation; esp., a duty to make reparation upon a breach of contract. — Also termed accessory obligation.
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secondary conveyance
A conveyance that follows an earlier conveyance and that serves only to enlarge, confirm, alter, restrain, restore, or transfer the interest created by the primary conveyance. — Also termed derivative conveyance; derivative deed. Cf. primary conveyance.
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secondary evidence
Evidence that is inferior to the primary or best evidence and that becomes admissible when the primary or best evidence is lost or inaccessible. • Examples include a copy of a lost instrument and testimony regarding a lost instrument’s contents. — Also termed mediate evidence; mediate testimony; substitutionary evidence. See Fed. R. Evid. 1004. Cf.
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fanciful terms
fanciful terms 杜撰的词语；凭空想像的词语 在商标法中，它们没有独立的含义，完全是作为商品标识或服务标识而存在，故即使它们没有第二含义〔secondary meaning〕，亦能进行商标注册。亦写作fanciful marks。
secondary market
The market for goods or services that have previously been available for buying and selling; esp. the securities market in which previously issued securities are traded among investors. — Also termed aftermarket.
primary term
primary term. Oil & gas. The option period — set by the habendum clause in an oil-and-gas lease — during which the lessee has the right to search, develop, and produce from the property. • The primary term should be long enough to allow the lessee to evaluate the property and make arrangements to drill.
secondary meaning
Intellectual property. A special sense that a trademark or tradename for a business, goods, or services has acquired even though the trademark or tradename was not originally protectable. • The term does not refer to a subordinate or rare meaning, but rather to a later meaning that has been added to the original one borne
secondary factor
secondary factor. (usu. pl.) Patents. Objective evidence that courts consider in determining a patent claim’s nonobviousness. • Secondary factors include “commercial success, long-felt but unsolved need, failure of others, and unexpected results.” Graham v. John Deere Co., 383 U.S. 1, 17–18, 86 S.Ct. 684, 694 (1966). — Also termed secondary consideration. [Cases: Patents 36. 1.