As used in this chapter, the following words shall have the followingmeanings:
"Abandoned" means either (i) the discontinuance of use of a mark withintent not to resume such use (intent not to resume may be inferred fromcircumstances, i.e., nonuse for three consecutive years shall constituteprima facie evidence of abandonment) or (ii) any course of conduct of theowner, including acts of omission as well as commission, which causes themark to lose its significance as a mark.
"Applicant" means any person filing an application for registration of amark under this chapter, and the legal representatives, successors, orassigns of such person.
"Commission" means the State Corporation Commission.
"Mark" means any trademark or service mark registered in the Commonwealthor the United States Patent and Trademark Office, or entitled to registrationunder this chapter, whether registered or not.
"Registrant" means any person to whom the registration of a mark under thischapter or prior law is issued, and the legal representatives, successors, orassigns of such person.
"Service mark" means any word, name, symbol, or device or any combinationthereof used by a person to identify and distinguish the services of suchperson from the services of others.
"Trade name" means any name used by a person to identify a business orenterprise.
"Trademark" means any word, name, symbol, or device or any combinationthereof used by a person to identify and distinguish the goods of such personfrom those manufactured or sold by others.
"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 thischapter, a mark shall be deemed to be in use (i) on goods when it is placedin any manner on the goods or their containers or the displays associatedtherewith or on the tags or labels affixed thereto, or if the nature of thegoods makes such placement impracticable, then on documents associated withthe goods or their sale, and the goods are sold or otherwise distributed incommerce in the Commonwealth, and (ii) in connection with services when it isused or displayed in the course of selling or providing services in theCommonwealth, or advertising descriptive of services available within theCommonwealth that is communicated within or into the Commonwealth.
As used in this chapter, the following words shall have the followingmeanings:
"Abandoned" means either (i) the discontinuance of use of a mark withintent not to resume such use (intent not to resume may be inferred fromcircumstances, i.e., nonuse for three consecutive years shall constituteprima facie evidence of abandonment) or (ii) any course of conduct of theowner, including acts of omission as well as commission, which causes themark to lose its significance as a mark.
"Applicant" means any person filing an application for registration of amark under this chapter, and the legal representatives, successors, orassigns of such person.
"Commission" means the State Corporation Commission.
"Mark" means any trademark or service mark registered in the Commonwealthor the United States Patent and Trademark Office, or entitled to registrationunder this chapter, whether registered or not.
"Registrant" means any person to whom the registration of a mark under thischapter or prior law is issued, and the legal representatives, successors, orassigns of such person.
"Service mark" means any word, name, symbol, or device or any combinationthereof used by a person to identify and distinguish the services of suchperson from the services of others.
"Trade name" means any name used by a person to identify a business orenterprise.
"Trademark" means any word, name, symbol, or device or any combinationthereof used by a person to identify and distinguish the goods of such personfrom those manufactured or sold by others.
"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 thischapter, a mark shall be deemed to be in use (i) on goods when it is placedin any manner on the goods or their containers or the displays associatedtherewith or on the tags or labels affixed thereto, or if the nature of thegoods makes such placement impracticable, then on documents associated withthe goods or their sale, and the goods are sold or otherwise distributed incommerce in the Commonwealth, and (ii) in connection with services when it isused or displayed in the course of selling or providing services in theCommonwealth, or advertising descriptive of services available within theCommonwealth that is communicated within or into the Commonwealth.
As used in this chapter, the following words shall have the followingmeanings:
"Abandoned" means either (i) the discontinuance of use of a mark withintent not to resume such use (intent not to resume may be inferred fromcircumstances, i.e., nonuse for three consecutive years shall constituteprima facie evidence of abandonment) or (ii) any course of conduct of theowner, including acts of omission as well as commission, which causes themark to lose its significance as a mark.
"Applicant" means any person filing an application for registration of amark under this chapter, and the legal representatives, successors, orassigns of such person.
"Commission" means the State Corporation Commission.
"Mark" means any trademark or service mark registered in the Commonwealthor the United States Patent and Trademark Office, or entitled to registrationunder this chapter, whether registered or not.
"Registrant" means any person to whom the registration of a mark under thischapter or prior law is issued, and the legal representatives, successors, orassigns of such person.
"Service mark" means any word, name, symbol, or device or any combinationthereof used by a person to identify and distinguish the services of suchperson from the services of others.
"Trade name" means any name used by a person to identify a business orenterprise.
"Trademark" means any word, name, symbol, or device or any combinationthereof used by a person to identify and distinguish the goods of such personfrom those manufactured or sold by others.
"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 thischapter, a mark shall be deemed to be in use (i) on goods when it is placedin any manner on the goods or their containers or the displays associatedtherewith or on the tags or labels affixed thereto, or if the nature of thegoods makes such placement impracticable, then on documents associated withthe goods or their sale, and the goods are sold or otherwise distributed incommerce in the Commonwealth, and (ii) in connection with services when it isused or displayed in the course of selling or providing services in theCommonwealth, or advertising descriptive of services available within theCommonwealth that is communicated within or into the Commonwealth.
