analogous use

analogous use.

1. Patents. The application of a process already known in one field of art to produce a similar result in another field. • Unless the fields are so unrelated or the outcomes so different as to produce a novel, useful, and nonobvious result, an analogous use is not patentable.

2. Trademarks. The use of a mark in marketing and advertising a product or service before the actual sale of the product or service, in order to establish the mark’s use in commerce. • For the owner to take advantage of the analogous-use doctrine, the marketing campaign must be substantial and the product or service must be available soon after the campaign. An owner who files an in-tent-to-use application may tack on the period of analogous use for purposes of priority and incontestability.


专业法律词汇 词条贡献者
译员黎川,在一家顶尖澳洲律师事务所的上海办公室担任全职法律翻译,擅长翻译涉及工业与制造业领域的法律文件。
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