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Harmless Error
Categories: Legal,
An error by a judge in the conduct of a trial that an appellate court finds was not damaging enough to the appealing party's right to a fair trial to justify reversing the judgment. Harmless errors include technical errors that have no bearing on the outcome of the trial, and an error that was corrected (such as mistakenly allowing testimony to be heard, but then ordering it stricken and admonishing the jury to ignore it). In general, the more overwhelming the evidence against the appealing party (appellant), the harder it will be to convince the appellate court that any errors were harmful. In such situations, courts rule that even in the absence of the errors, the appellant could not have won.
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Definition / Meaning of
Section 8 Declaration Of Excusable Nonuse
Categories: Patent,
a sworn statement, filed by the owner of a registration, that the mark is not in use in commerce due to special circumstances that excuse such nonuse and is not due to any intention to abandon the mark. section 8 of the trademark act, 15 U.S.C. 1058. It must be filed by the current owner of the registration and the USPTO must receive it during the following time periods: 1) At the end of the 6th year after the date of registration (or the date of publication under 15 U.S.C. §1062(c) for registrations issued under the Acts of 1905 or 1881 that have claimed the benefits of the Act of 1946), AND 2) At the end of each successive 10-year period after the date of registration. There is a six-month grace period. If these rules and deadlines are not met, the USPTO will cancel the registration. Once the USPTO accepts the section 8 Declaration of excusable nonuse, the owner of the registration is not required to file another section 8 Declaration until the next statutory filing period. -- see File a §8 Declaration
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