44-1441. Definitions

A. In this article, unless the context otherwise requires:

1. "Applicant" means the person filing an application for registration of a mark under this article or the person's legal representatives, successors or assigns.

2. "Dilution" means the lessening of the capacity of a famous mark to identify and distinguish goods or services, regardless of the presence or absence of either:

(a) Competition between the owner of the famous mark and other parties.

(b) Likelihood of confusion, mistake or deception.

3. "Mark" means any trademark or service mark.

4. "Person" means any individual, firm, partnership, corporation, association, union or other organization.

5. "Registrant" means the person to whom the registration of a mark under this article is issued or the person's legal representatives, successors or assigns.

6. "Service mark" means any word, name, symbol or device or any combination of these items that is adopted and used by a person to identify services provided or sold by that person and to distinguish the services from services provided or sold by others.

7. "Trademark" means any word, name, symbol or device or any combination of these items that is adopted and used by a person to identify goods made or sold by that person and to distinguish the goods from goods made or sold by others.

8. "Use" or "used" 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.

B. A mark is in use:

1. On goods when it is placed in any manner on the goods or other containers or the displays associated with the goods or other containers or on the tags or labels affixed to the goods or other containers, or if the nature of the goods makes the placement impracticable, then on documents associated with the goods or their sale, and the goods are sold, transported or distributed in this state.

2. On services when it is used or displayed in the sale or advertising of services and the services are rendered in this state.

C. A mark is abandoned if either of the following occurs:

1. Its use has been discontinued with intent not to resume the use. Intent not to resume may be inferred from circumstances. Nonuse for three consecutive years constitutes prima facie evidence of abandonment.

2. 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.