Sec. 35-18a. Definitions.
Sec. 35-18a. Definitions. As used in this chapter:
(1) The term "collective mark" means a trademark or service mark used by the
members of a cooperative, an association or other collective group or organization and
includes marks used to indicate membership in a union, an association or other organization.
(2) The term "certification mark" means a mark used upon or in connection with
the products or services of one or more persons other than the owner of the mark to
certify regional or other origin, material, mode of manufacture, quality, accuracy or
other characteristics of such goods or services or that the work or labor on the goods or
services was performed by members of a union or other organization.
(3) The term "mark" means any word, name, symbol or device, or any combination
thereof used to identify and includes any certification mark or collective mark entitled
to registration under this chapter whether registered or not.
(4) The term "person" means any individual, firm, partnership, corporation, limited
liability company, association, union, governmental body or agency or other organization.
(5) The term "applicant" includes the person filing an application for registration
of a mark under this chapter, and the legal representatives, successors or assigns of such
person.
(6) The term "registrant" includes the person to whom the registration of a mark
under this chapter is issued, and the legal representatives, successors or assigns of such
person.
(7) The term "use" means the bona fide use of a mark in the ordinary course of
business activity and not made merely to reserve a right in a mark. For the purposes of
this chapter, a certification mark shall be deemed to be in use in commerce (A) on goods
when it is placed in any manner on the goods or their containers or the displays associated
therewith or on the tags or labels affixed thereto, or if the nature of the goods make such
placement impracticable, then on documents associated with the goods or their sale,
and such goods are sold or otherwise distributed in this state, and (B) on services when
it is used or displayed in the sale or advertising of services and the services are rendered
in this state.
(8) A collective mark is deemed used in this state when used in public or in commerce in the state by one or more members.
(9) A mark shall be deemed to be abandoned (A) when its use has been discontinued
with intent not to resume. Intent not to resume may be inferred from circumstances.
Nonuse for two consecutive years shall be prima facie abandonment; (B) when any
course of conduct of the registrant, including acts of omission as well as commission,
causes the mark to lose its significance as an indication of the registrant and persons
belonging to or affiliated with the registrant, or operating in accordance with conditions
prescribed by the registrant.
(1967, P.A. 689, S. 1; P.A. 93-152, S. 12; P.A. 95-79, S. 132, 189.)
History: P.A. 93-152 replaced alphabetic with numeric Subdiv. indicators, amended the definition of "person" to include
any "governmental body or agency", amended definitions of "applicant" and "registrant" to delete the "predecessors" of
the person, replaced the definition of when a certification mark shall be deemed to be used in this state with a definition
of the term "use" and a provision specifying when a certification mark shall be deemed to be in use in commerce on goods
and on services and amended Subdiv. (9) to replace numeric with alphabetic Subpara. indicators; P.A. 95-79 redefined
"person" to include a limited liability company, effective May 31, 1995.