PART I.  GENERAL
PROVISIONS



 



Note



 



  Part I designated by L 2001, c 15, §2 and amended by L 2003,
c 124, §81; L 2008, c 108, §§2, 5.



 



§482-1  Definitions.  As used in this
chapter, unless the context otherwise requires:



"Abandonment" of a mark means when
either of the following occurs:



(1)  When its use has been discontinued with intent
not to resume such use; provided that intent not to resume may be inferred from
circumstances, and nonuse for two consecutive years shall constitute prima
facie evidence of abandonment; or



(2)  When 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.



"Applicant" includes the person
filing an application for registration of a trade name or mark under this
chapter, and the legal representatives, successors, or assigns of such person.



"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 competition between the owner of the
famous mark and other parties, or likelihood of confusion, mistake, or
deception.



"Director" means the director of the
department of commerce and consumer affairs.



"Entity" means a corporation, partnership, limited liability company, or any
other type of business entity recognized in this State.



"Individual" means a natural person,
and includes the estate of an incompetent or deceased individual.



"Mark" includes any trademark or
service mark, entitled to registration under this chapter whether registered or
not.



"Partnership" includes a general
partnership, limited partnership, and limited liability partnership.



"Person" and any other word or term
used to designate the applicant or other party entitled to a benefit or privilege
or rendered liable under this chapter, includes an individual, firm,
partnership, corporation, limited liability company, union, association,
estate, business trust, trust, government, governmental agency or
instrumentality, two or more of any of the foregoing having a joint or common
interest, or other organization capable of suing and being sued in a court of
law.



"Registrant" includes the person to
whom the registration of a trade name or mark under this chapter is issued, and
the legal representatives, successors, or assigns of the person.



"Service mark" means any word, name,
symbol, or device or any combination thereof used by a person, to identify and
distinguish the services of one person, including a unique service, from the
services of others, and to indicate the source of the services, even if that
source is unknown.  Titles, character names used by a person, and other
distinctive features of radio or television programs may be registered as
service marks notwithstanding that they, or the programs, may advertise the
goods of the sponsor.



"Trademark" means any word, name,
symbol, or device or any combination thereof used by a person to identify and
distinguish the goods of the person, including a unique product, from those
manufactured or sold by others, and to indicate the source of the goods, even
if that source is unknown.



"Trade name" means any name used by a
person to identify a business or vocation of such person.



"Use" 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.  For the purposes of this chapter, a mark shall be deemed to be in use:



(1)  With respect to goods when it is placed in any
manner on the goods or other containers or the displays associated therewith or
on the tags or labels affixed thereto; or if the nature of the goods makes such
placement impracticable, then on documents associated with the goods or their
sale, and the goods are sold or transported in commerce in this State; and



(2)  With respect to services when it is used or
displayed in the sale or advertising of services and the services are rendered
in this State. [L 1980, c 26, §1; gen ch 1985; am L 2001, c 15, §3; am L 2003,
c 124, §82; am L 2008, c 108, §7]