Section 1 Definitions - Massachusetts Statutes

Section 1. As used in this chapter, the following words shall, unless the context requires otherwise, have the following meanings:—

“Applicant”, a person filing an application for registration of a mark under this chapter, and the legal representatives, successors, or assigns of that person.

“Mark”, a trademark or service mark, entitled to registration under this chapter whether registered or not.

A mark shall be considered “abandoned” when either of the following occurs:—

(a) When its use has been discontinued with intent not to resume the use. Intent not to resume may be inferred from circumstances. Nonuse for 2 consecutive years shall constitute prima facie evidence of abandonment.

(b) 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.

“Person”, or other word or term used to designate the applicant or other party entitled to a benefit or privilege or rendered liable under this chapter includes a juristic person as well as a natural person. The words “juristic person” includes a firm, partnership, corporation, union, association, or other organization capable of suing and being sued in a court of law.

“Registrant”, a person to whom the registration of a mark under this chapter is issued, and the legal representatives, successors, or assigns of that person.

“Secretary”, the state secretary or his designee charged with the administration of this chapter.

“Service mark”, a word, name, symbol, or device 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”, a word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the goods of that 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”, any name used by a person to identify a business or vocation of that person.

“Use”, the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. For the purposes of this chapter, a mark shall be considered to be in use:—

(a) 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 the placement impracticable, then on documents associated with the goods or their sale, and the goods are sold or transported in commerce in the commonwealth, and

(b) on services when it is used or displayed in the sale or advertising of services and the services are rendered in the commonwealth.