44-1441. Definitions


A. In this article, unless the context otherwise requires:


1. "Applicant" means the person filing an application for registration of a mark
under this article or the person's legal representatives, successors or assigns.


2. "Dilution" means the lessening of the capacity of a famous mark to identify and
distinguish goods or services, regardless of the presence or absence of either:


(a) Competition between the owner of the famous mark and other parties.


(b) Likelihood of confusion, mistake or deception.


3. "Mark" means any trademark or service mark.


4. "Person" means any individual, firm, partnership, corporation, association,
union or other organization.


5. "Registrant" means the person to whom the registration of a mark under this
article is issued or the person's legal representatives, successors or assigns.


6. "Service mark" means any word, name, symbol or device or any combination of
these items that is adopted and used by a person to identify services provided or sold by
that person and to distinguish the services from services provided or sold by others.


7. "Trademark" means any word, name, symbol or device or any combination of these
items that is adopted and used by a person to identify goods made or sold by that person
and to distinguish the goods from goods made or sold by others.


8. "Use" or "used" means the bona fide use of a mark in the ordinary course of
trade and not made merely to reserve a right in a mark.


B. A mark is in use:


1. On goods when it is placed in any manner on the goods or other containers or the
displays associated with the goods or other containers or on the tags or labels affixed
to the goods or other containers, or if the nature of the goods makes the placement
impracticable, then on documents associated with the goods or their sale, and the goods
are sold, transported or distributed in this state.


2. On services when it is used or displayed in the sale or advertising of services
and the services are rendered in this state.


C. A mark is abandoned if either of the following occurs:


1. Its use has been discontinued with intent not to resume the use. Intent not to
resume may be inferred from circumstances. Nonuse for three consecutive years
constitutes prima facie evidence of abandonment.


2. Any course of conduct of the owner, including acts of omission as well as
commission, causes the mark to lose its significance as a mark.