§ 80-1. Definitions. - North Carolina Statutes

Chapter 80.

Trademarks, Brands, etc.

Article 1.

Trademark RegistrationAct.

§ 80‑1.  Definitions.

(a)        The term"applicant" as used herein means the person filing an application forregistration of a trademark under this Article, the person's legal representatives,successors or assigns.

(b)        The term"mark" as used herein includes any trademark or service mark entitledto registration under this Article whether registered or not.

(c)        The term"person" as used herein means any individual, firm, partnership, corporation,association, union or other organization.

(d)        The term"registrant" as used herein means the person to whom the registrationof a trademark under this Article is issued, the person's legalrepresentatives, successors or assigns.

(d1)      The term "Secretary"as used herein means the Secretary of State or the designee of the Secretarycharged with the administration of this Article.

(e)        The term"service mark" as used herein means a mark used in the sale oradvertising of services to identify the services of one person and distinguishthem from the services of others.

(f)         The term"trademark" as used herein means any word, name, symbol, or device orany combination thereof adopted and used by a person to identify goods made,sold, or distributed by him and to distinguish them from goods made, sold, ordistributed by others.

(g)        The term"use" means the bona fide use of a mark in the State of NorthCarolina in the ordinary course of trade, and not merely the reservation of aright to a mark. For the purposes of this Article, a mark shall be deemed to be"used" in this State (i) on goods when it is placed in any manner onthe goods or their containers or the displays associated therewith or on thetags or labels affixed thereto, or if the nature of the goods makes placementimpractical, then on documents associated with the goods, and the goods arecurrently sold or otherwise distributed in the State, and (ii) on services whenit is used or displayed in the sale or advertising of services and the servicesare currently being rendered in this State, or are being offered and areavailable to be rendered in this State.

(h)        A mark shall bedeemed to be "abandoned" when either of the following occurs:

(1)        When its use hasbeen discontinued with intent not to resume its use. Intent not to resume maybe inferred from circumstances. Nonuse for three consecutive years shallconstitute prima facie evidence of abandonment.

(2)        When any course ofconduct of the owner, including acts of omission as well as commission, causesthe mark to lose its significance as a mark. (1903, c. 271; Rev., s. 3012; C.S., s. 3971; 1941, c.255, s. 1; 1967, c. 1007, s. 1; 1991, c. 626, s. 1; 1997‑476, s. 1.)