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Definitions - 54 Pa. Cons. Stat. § 1102

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     § 1102.  Definitions.
        The following words and phrases when used in this chapter
     shall have, unless the context clearly indicates otherwise, the
     meanings given to them in this section:
        "Abandoned."  A mark shall be deemed to be "abandoned" when
     either of the following occurs:
            (1)  When its use has been discontinued with intent not
        to resume such use. Intent not to resume may be inferred from
        circumstances. Nonuse for two consecutive years shall
        constitute prima facie evidence of abandonment.
            (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.
        "Adopted and used."  (Deleted by amendment).
        "Applicant."  Any person filing an application for
     registration of a mark under this chapter, or the legal
     representatives, successors or assigns of such person.
        "Dilution."  The lessening of the capacity of a famous mark
     to identify and distinguish goods or services, regardless of the
     presence or absence of a competition between the owner of the
     famous mark and other parties or likelihood of confusion,
     mistake or deception.
        "Mark."  Includes any trademark or service mark entitled to
     registration under this chapter whether registered or not.
        "Person."  This word or 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 to include 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.
        "Registrant."  Any person who registers a mark under this
     chapter, or the legal representatives, successors or assigns of
     such person.
        "Service mark."  Any word, name, symbol or devise 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."  Any word, name, symbol or device, or any
     combination thereof, used by a person to identify and
     distinguish the goods of such 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."  A word, name, symbol, device or any
     combination thereof used by a person to identify the business,
     vocation or occupation of the person and distinguish it from the
     business, vocation or occupation of others.
        "Use."  The bona fide use of a mark in the ordinary course of
     trade and not merely to reserve a right in a mark. For the
     purposes of this chapter, a mark shall be deemed to be in use:
            (1)  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 other sale and the
        goods are sold or transported in commerce in this
        Commonwealth.
            (2)  On services when it is used or displayed in the sale
        or advertising of services and the services are rendered in
        this Commonwealth.
     (June 18, 1998, P.L.518, No.73, eff. 60 days)

Last modified: November 27, 2007