PART VI. TRADEMARKS, TRADE NAMES,

AND DOMAIN NAMES

SUBPART A. IN GENERAL

§211. Definitions

            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" as used herein means a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others.

            C. The term "mark" as used herein includes any trademark or service mark entitled to registration under this Subpart whether registered or not, including the designation of a particular place of business.

            D. The term "trade name" means a word, name, symbol, device or any combination thereof used by a person to identify his business, vocation or occupation and distinguish it from the business, vocation or occupation of others.

            E. The term "person" as used herein means any individual, firm, partnership, corporation, association, union, public or private educational institution, or other organization.

            F. The term "applicant" as used herein embraces the person filing an application for registration of a trademark under this Subpart, his legal representatives, successors or assigns.

            G. The term "registrant" as used herein embraces the person to whom the registration of a trademark under this Subpart is issued, his legal representatives, successors or assigns.

            H. For the purposes of this Subpart, a trademark shall be deemed to be "used" in this state (1) 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 the 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. The term "educational institution" as used herein means any institution licensed, approved, or funded by the state to perform educational services.

            J. For the purposes of this Subpart, any document required to be filed with the secretary of state shall be deemed filed when it is received either physically or electronically in any office designated by the secretary of state for the receipt of such documents.

            Acts 1954, No. 235, §2. Amended by Acts 1968, No. 475, §1; Acts 1979, No. 762, §1; Acts 1999, No. 342, §7; Acts 2001, No. 388, §1, eff. June 13, 2001; Acts 2019, No. 19, §3, eff. May 28, 2019.