(1) As used in this chapter:
(a) “Applicant” embraces the person who applies to register a mark under this chapter, and the person’s legal representatives, successors or assigns.
(b) “Mark” includes any trademark or service mark entitled to registration under this chapter whether registered or not.
(c) “Person” means any individual, firm, partnership, corporation, association, union or other organization.
(d) “Registrant” embraces the person to whom the registration of a mark is issued under this chapter, and the person’s legal representatives, successors or assigns.
(e) “Retail value” means:
(A) For items that bear a counterfeit mark and are components of a finished product, the regular selling price of the finished product in which the component would be utilized.
(B) For all items that bear a counterfeit mark other than those described in subparagraph (A) of this paragraph and for all services that are identified by a counterfeit mark, the regular selling price of the item or service.
(f) “Trademark” means any word, name, symbol, device or any combination thereof adopted and used by a person to identify goods made or sold by the person and to distinguish them from goods made or sold by others.
(g) “Trade name” means a word, name, symbol, device or any combination thereof used by a person to identify the person’s business, vocation or occupation and to distinguish it from the business, vocation or occupation of others.
(h) “Service mark” means any word, name, symbol, device or any combination thereof used by a person in the sale or advertising of services to identify the person’s services and to distinguish them from the services of others.
(2) For the purposes of this chapter, a mark shall be deemed to be “used” in this state:
(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 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.
(3) For purposes of this chapter, a mark shall be deemed to be “abandoned” in this state when either of the following occurs:
(a) When its use has been discontinued with intent not to resume. Intent not to resume may be inferred from the circumstances. Nonuse for two consecutive years shall be prima facie evidence of abandonment. “Use” of a mark means the bona fide use of that mark made in the ordinary course of trade and not made merely to reserve a right in a mark; or
(b) When any course of conduct of the registrant, including acts of omission as well as commission, causes the mark to become the generic name for the goods or services on or in connection with which it is used, or otherwise to lose its significance as a mark. Purchaser motivation shall not be a test for determining abandonment under this paragraph. [1961 c.497 §1; 1965 c.511 §1; 1981 c.633 §71; 1989 c.931 §1; 1999 c.722 §7]
(Registration)
Section: 647.005 647.009 647.010 647.015 647.020 647.024 647.025 647.029 647.030 647.035 647.040 647.045 647.050 647.055 647.060 NextLast modified: August 7, 2008