Section 8-12-6

Definitions.

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, his legal representative, successors, or assigns.

(2) MARK. Any trade name, trademark, or service mark entitled to registration under this article whether registered or not.

(3) PERSON. Any individual, firm, partnership, corporation, association, union, or other organization.

(4) REGISTRANT. The person to whom the registration of a mark under this article is issued, his legal representative, successors, or assigns.

(5) 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 him and to distinguish them from the services of others.

(6) 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 him and to distinguish them from goods made or sold by others.

(7) TRADE NAME. A word, name, symbol, character, design, drawing, device, or any combination thereof adopted and used by a person to identify his business (including vocation, occupation, or profession), and distinguish it from the business of others.

(8) 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.

(Acts 1980, No. 80-166, p. 236, §1; Acts 1988, 1st Ex. Sess., No. 88-924, p. 526, §1.)