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claim/demand/request

English translation: file a motion/an application to have a trademark revoked

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07:32 Jul 22, 2005
English to English translations [PRO]
Law/Patents - Law: Patents, Trademarks, Copyright
English term or phrase: claim/demand/request
In legal jargon, can the word "claim" be used only when there is a direct benefit to the claimant (i.e. if the claimant gets money), or can it also be used in the following:

"Mr Smith claimed that Mr Jones' trademark be revoked on the grounds that...."

or

"Mr Smith filed a claim for the revocation to Mr Jones' trademark on the grounds that...."

I was unsure, so I was using demand and request, but now I've come across a term for which the translation is always given as "counter-claim". If there's a counter-claim, there must be a claim musn't there?
Timothy Barton
Local time: 16:09
English translation:file a motion/an application to have a trademark revoked
Explanation:
You can't use "claim" in this sense. It has to be *motion* or *application*.

The person filing such motion/application is claiming, i.e. asserting/alleging, that the trademark should be revoked because/on the ground that ...

As you say, to file a claim means to ask for monetary or other damages

And, please try to avoid using "claim" for "assert" or "allege" in legal documents
Selected response from:

silfilla
Local time: 11:09
Grading comment
Graded automatically based on peer agreement.
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +2file a motion/an application to have a trademark revokedsilfilla
4 +1claim and counter-claim as nouns are good, but ...
David Knowles
3 +1claims/requests
Lietta Warren-Granato


Discussion entries: 1





  

Answers


13 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
claims/requests


Explanation:
My understanding is that both terms are correct, and you would normally write:
"Mr Smith requests that Mr Jones' trademark be revoked"
or:
"Mr Smith filed a claim for the revocation of Mr Jones' trademark..."

Lietta Warren-Granato
Italy
Local time: 17:09
Native speaker of: Italian

Peer comments on this answer (and responses from the answerer)
agree  Vicky Papaprodromou
2 hrs
  -> Thanks Vicky!
Login to enter a peer comment (or grade)

55 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
claim and counter-claim as nouns are good, but ...


Explanation:
"to claim" is usually "to assert". Hence I would say "Mr X demanded/requested ..." or "Mr X made/lodged/files a claim"

David Knowles
Local time: 16:09
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
agree  Vicky Papaprodromou
1 hr
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7 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
file a motion/an application to have a trademark revoked


Explanation:
You can't use "claim" in this sense. It has to be *motion* or *application*.

The person filing such motion/application is claiming, i.e. asserting/alleging, that the trademark should be revoked because/on the ground that ...

As you say, to file a claim means to ask for monetary or other damages

And, please try to avoid using "claim" for "assert" or "allege" in legal documents

silfilla
Local time: 11:09
Specializes in field
PRO pts in category: 4
Grading comment
Graded automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  Robert Donahue
6 days
  -> thanks :-)

agree  jennifer newsome
31 days
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