75-25-1 - Definitions. - Mississippi Statutes

§ 75-25-1. Definitions.
 

As used in this chapter the following terms shall have the meaning indicated: 
 

(a) The term "trademark" as used herein means any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the goods of such 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. 

(b) The term "service mark" as used herein means any word, name, symbol or device or any combination thereof used by a person to identify and distinguish the services of one (1) 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. 

(c) The term "mark" as used herein includes any trademark or service mark entitled to registration under this chapter whether registered or not. 

(d) The term "trade name" means any name used by a person to identify a business or vocation of such person. 

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

(f) The term "applicant" as used herein embraces the person filing an application for registration of a mark under this chapter, and the legal representatives, successors or assigns of such person. 

(g) The term "registrant" as used herein embraces the person to whom the registration of a mark under this chapter is issued, and the legal representatives, successors or assigns of such person. 

(h) The term "use" 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. For the purposes of this chapter, a mark shall be deemed to be in use: 

(1) 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 such placement impracticable, then on documents associated with the goods or their sale, and the goods are sold or transported in commerce in this 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) A mark shall be deemed to be "abandoned" when either of the following occurs: 

(1) When its use had been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Nonuse for two (2) consecutive years shall constitute prima facie evidence of abandonment; or 

(2) 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. 

(j) The term "secretary" as used herein means the Secretary of State or the designee of the secretary charged with the administration of this chapter. 

(k) The term "dilution" as used herein means dilution by blurring or dilution by tarnishment, regardless of the presence or absence of: 

(1) Competition between the owner of the famous mark and other parties, or 

(2) Actual or likely confusion, mistake, or deception, or 

(3) Actual economic injury. 

(l) The term "dilution by blurring" as used herein means association arising from the similarity between a mark or trade name and a famous mark that impairs the distinctiveness of the famous mark. 

(m) The term "dilution by tarnishment" as used herein means association arising from the similarity between a mark or trade name and a famous mark that harms the reputation of the famous mark. 
 

Sources: Codes, 1942, § 4227-01; Laws,  1952, ch. 338, § 1; Laws, 1971, ch. 437, § 1; Laws,  1996, ch. 402, § 1; Laws, 2009, ch. 386, § 1, eff from and after July 1, 2009.