BANNUM

bannum. See BANN. BAR

bar,n.1. In a courtroom, the railing that separates the front area, where court business is conducted, from the back area, which provides seats for observers; by extension, a similar railing in a legislative assembly <the spectator stood behind the bar>.2. The whole body of lawyers qualified to practice in a given court or jurisdiction; the legal profession, or an organized subset of it <the attorney’s outrageous misconduct disgraced the bar>. See BAR ASSOCIATION. [Cases:

Attorney and Client  31. C.J.S. Attorney and Client §§ 8–9.]

integrated bar.A bar association in which membership is a statutory requirement for practicing law; a usu. statewide organization of lawyers in which membership is compulsory in order for a lawyer to have a law license. — Also termed unified bar.

specialty bar.A voluntary bar association for lawyers with special interests, specific

backgrounds, or common practices.

unified bar.See integrated bar. voluntary bar.A bar association that lawyers need not join to practice law.

  1. A particular court or system of courts <case at bar>. • Originally, case at bar referred to an important case tried “at bar” at the Royal Courts of Justice in London. 4.BAR EXAMINATION <Pendarvis passed the bar>.5. A barrier to or the destruction of a legal action or claim; the effect of a judgment for the defendant <a bar to any new lawsuit>. Cf. MERGER(6).6. A plea arresting a lawsuit or legal claim <the defendant filed a bar>. See PLEA IN BAR. [Cases: Pleading 108, 109. C.J.S. Pleading § 180.] 7.Patents. Statutory preclusion from patentability, based on publication, use, sale, or other anticipatory activity that occurred before an invention’s critical date and thereby negated the invention’s novelty. • Under § 102 of the Patent Act, a person is not entitled to a patent if (1) before the date of invention, the same invention was publicly known or used by others in this country or was patented or described in a printed publication anywhere in

 

the world; (2) more than one year before the U.S. filing date, the invention was patented or described in a printed publication anywhere in the world or was in public use, on sale, or offered for sale in the U.S.; (3) the invention has been abandoned by the applicant; (4) the invention was first patented by the applicant or its representatives in a foreign country before the U.S. filing date, and the foreign application was filed more than 12 months before the U.S. filing; (5) before the date of invention, the invention was described in a patent granted on an application filed by someone else in the U.S.; (6) the inventor did not invent the subject matter of the application; or (7) the invention was previously made in this country by someone else who has not abandoned, suppressed, or concealed it. — Also termed statutory bar. [Cases: Patents  80. C.J.S. Patents §§ 105–106, 108–111.] 8.Trademarks. Statutory preclusion of certain marks from listing on the Principal Register. • Under 15 USCA § 1052, a mark is not entitled to registration if: (1) it consists of immoral, deceptive, or scandalous matter; (2) it falsely suggests a connection with, or brings into contempt or disrepute, a living or dead person, an institution, a belief, or a nation’s symbols; (3) it depicts or simulates the flag, coat of arms, or other insignia of the U.S., a state, a municipality, or a foreign nation; (4) it consists of a geographic designation that, when used on wines or spirits, designates a place other than the goods’ actual origin; (5) it consists of the name, signature, or portrait of a living person who has not consented to registration; (6) it is likely to deceive or to cause confusion or mistake because when applied to specific goods and services it resembles someone else’s unabandoned mark registered in the U.S. Patent and Trademark Office, or an unabandoned mark or tradename previously used in the U.S.; (7) it is descriptive or deceptively misdescriptive of the goods or services; (8) it is primarily geographically descriptive or primarily geographically misdescriptive of the goods or services; (9) it is primarily a surname; or (10) it comprises matter that, as a whole, is functional. [Cases: Trade Regulation  156–167.

C.J.S. Trade-Marks, Trade-Names, and Unfair Competition §§ 158–165, 167.]

bar,vb. To prevent, esp. by legal objection <the statute of limitations barred the plaintiff’s

wrongful-death claim>.[Blacks Law 8th]