SEC. 75-25-1. Definitions.

[Until January 1, 1997, this section reads as appearing in the bound volume.] [Until January 1, 1997, this section reads as follows:] As used in this chapter the following terms shall have the meaning indicated:

(a) The term "trademark" as used herein means any word, name, symbol, or device or any combination thereof adopted and used by a person to identify goods made or sold by him and to distinguish them from goods made or sold by others.

(b) The term "service mark" means a word, name, symbol, device, slogan or any combination thereof which, whether registered or not, has been adopted and used by a person to identify his services and distinguish them from the services of others, and includes the titles, designations, character names, and distinctive features of broadcast or other advertising.

(c) The term "mark" includes service mark and trademark.

(d) The term "person" as used herein means any individual, firm, partnership, corporation, association, union or other organization.

(e) The term "applicant" as used herein embraces the person filing an application for registration of a mark under this chapter, his legal representatives, successors or assigns of the person filing an application for registration of a mark under this chapter.

(f) The term "registrant" as used herein embraces the person to whom the registration of a mark under this chapter is issued, his legal representatives, successors or assigns of the person to whom the registration of a mark under this chapter is issued.

(g) For the purposes of this chapter, a mark shall be deemed to be "used" in this state when it is placed in any manner on the goods or their containers or on the tags or labels affixed thereto and such goods are sold or otherwise distributed in this state, or to identify services.

[From and after January 1, 1997, this section reads as follows:] As used in this chapter the following terms shall have the meaning indicated:

(a) The term "trademark" as used herein means any word, name, symbol, or device or any combination thereof adopted and used by a person to identify the goods of such person made or sold by him and to distinguish them from goods made or sold by others, including a unique product, from those manufactured and sold by others, and to indicate the source of the goods even if that source is unknown.

(b) The term "service mark" as used herein means any word, name, symbol or device or any combination thereof used by a person to identify and distinguish the services of one (1) 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.

(c) The term "mark" as used herein includes any trademark or service mark entitled to registration under this chapter whether registered or not.

(d) The term "trade name" means any name used by a person to identify a business or vocation of such person.

(e) The term "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 the provisions of this chapter includes a juristic person as well as a natural person. The term "juristic person" includes a firm, partnership, corporation, union, association or other organization capable of suing and being sued in a court of law.

(f) The term "applicant" as used herein embraces the person filing an application for registration of a mark under this chapter, and the legal representatives, successors or assigns of such person.

(g) The term "registrant" as used herein embraces the person to whom the registration of a mark under this chapter is issued, and the legal representatives, successors or assigns of such person.

(h) The term "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 (1) in use on 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) on services when it is used or displayed in the sale or advertising of services and the services are rendered in this state.

(i) A mark shall be deemed to be "abandoned" when either of the following occurs:

(i) When its use had been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Nonuse for two (2) consecutive years shall constitute prima facie evidence of abandonment.

(ii) 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.

(j) The term "secretary" as used herein means the Secretary of State or the designee of the secretary charged with the administration of Senate Bill No. 2861, 1996 Regular Session.

(k) The term "dilution" as used herein means the lessening of the capacity of registrant's mark to identify and distinguish goods or services, regardless of the presence or absence of (a) competition between the parties, or (b) likelihood of confusion, mistake, or deception.

SOURCES: Codes, 1942, Sec. 4227-01; Laws, 1952, ch. 338, Sec. 1; 1971, ch. 437, Sec. 1, eff from and after July 1, 1971. Laws, 1996, ch. 402, Sec. 1, eff from and after January 1, 1997