This provision defines several trademark-related terms used in the article, including applicant, dilution, mark, person, registrant, service mark, trademark, trade name, and when a mark is considered used in the state.
As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) APPLICANT. The person filing an application for registration of a mark under this article and the person’s legal representative, successors, or assigns. (2) DILUTION. Dilution by blurring or dilution by tarnishment, regardless of the presence or absence of: a. Competition between the owner of the famous mark and other parties, or b. Actual or likely confusion, mistake, or deception, or c. Actual economic injury. (3) DILUTION BY BLURRING. The association arising from the similarity between a mark and a famous mark that impairs the distinctiveness of the famous mark. (4) DILUTION BY TARNISHMENT. The association arising from the similarity between a mark and a famous mark that harms the reputation of the famous mark. (5) MARK. Any trade name, trademark, or service mark entitled to registration under this article whether registered or not. (6) PERSON. Any individual, firm, partnership, corporation, association, union, or other organization. (7) REGISTRANT. The person to whom the registration of a mark under this article is issued and the person’s legal representative, successors, or assigns. (8) SERVICE MARK. Any word, name, symbol, character, or device, or any combination thereof and the distinctive feature of radio, television, or other advertising adopted and used by a person to identify services rendered or offered by the person and to distinguish them from the services of others. (9) TRADEMARK. Any word, name, symbol, character, design, drawing, or 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. (10) TRADE NAME. A word, name, symbol, character, design, drawing, device, or any combination thereof adopted and used by a person to identify the person’s business (including vocation, occupation, or profession), and distinguish it from the business of others. (11) USED. A mark shall be deemed to be used in this state: a. On goods or their containers or the displays associated therewith or on the tags or labels affixed thereto when such goods are sold or otherwise distributed in the state; b. In connection with services when it is used or displayed in the sale or advertising of services and the services are rendered in this state; and c. In connection with a business when it identifies the business to persons in this state.