D.U.I./Criminal and Traffic Defense Glossary Terms

A court order banning certain actions. The order forbids one person from harassing, harming, or even contacting another person. The person being harmed must request the temporary restraining order from a judge. After the temporary order has been issued, the court holds a second hearing to hear the other person’s side of the story. The court will then decide if the order should be made permanent.

Trademarks or service marks,(also referred to just as "marks"), protect brands, brand names, symbols, logos, devices, and designs applied to products or used in connection with services. A trademark can be words, a design, a color, a sound, a smell and even the way something feels as long as it is distinctive. The USPTO issues federal mark registrations used "in commerce," which is generally in more than one state. Only marks with final USPTO federal registration can be shown with the "®" symbol. Federally registered marks are benefited by: the owner’s ability to take action in federal court on behalf of the mark; the owner's ability to legally enforce the mark nationwide; the owner's ability to use the filing date of the U.S. application in a foreign registration to predate registrations in foreign countries; and the owner's ability to record the registration with the U.S. Customs Office (to prevent the importing of infringing foreign goods). U.S. federal trademark registrations are valid for 10 years after registration, providing that the owner uses the mark during the terms and an "Affidavit of Use" has been filed between the fifth and sixth years following registration. States also issue state trademark protection. Federal trademarks are issued and enforced by each country.

Sometimes referred to as a “petit jury," or small jury, to compare it with a grand jury. Jury trials tend to result from serious crimes and include a judge and a group of jurors, who have been chosen and approved from a pool of people. The jury listens to the evidence presented and finds the facts of the case while the judge interprets the law in the case. At the end of a trial, juries make a decision about the guilt or innocence of the accused. The actual penalty for the crime is set by the judge.