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365.563 Definitions for KRS 365.561 to 365.613.
As used in KRS 365.561 to 365.613, unless the context otherwise requires:
(1) "Trademark" means any word, name, symbol or device including, but not
limited to, a distinctive package or container of any kind, or any combination of
these, 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.
(2) "Service mark" means any word, name, symbol or device or any combination
of these, 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, advertise the goods of the sponsor.
(3) "Mark" includes any trademark or service mark entitled to registration under
KRS 365.561 to 365.613, whether registered or not.
(4) "Trade name" means any name used by a person to identify his business or
vocation.
(5) "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
KRS 365.561 to 365.613 means 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.
(6) "Applicant" means the person filing an application for registration of a mark
under KRS 365.561 to 365.613, and the legal representatives, successors, or
assigns of that person.
(7) "Registrant" means the person to whom the registration of a mark under KRS
365.561 to 365.613 is issued, and the legal representatives, successors, or
assigns of that person.
(8) "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 KRS 365.561
to 365.613, a mark shall be deemed to be in use:
(a) On goods when it is placed in any manner on the goods or on containers
or displays associated with the goods or on tags or labels affixed to the
goods, or if the nature of the goods makes placement on the goods
impracticable, then on documents associated with the goods or their sale,
and the goods are sold or transported in commerce in this state; and
(b) When it is used or displayed in the sale or advertising of services and the
services are rendered in this state.
(9) A mark shall be deemed to be "abandoned" when:
(a) Its use has been discontinued with intent not to be resumed. Intent not to
resume may be inferred from circumstances. Nonuse for two (2)
consecutive years shall constitute a rebuttable presumption of
abandonment; or
(b)
Any course of conduct of the owner, including acts of omission and
commission, causes the mark to lose its significance as a mark.
(10) "Secretary" means the Secretary of State or the designee charged by him with
the administration of KRS 365.561 to 365.613.
Effective:July 15, 1994
History: Created 1994 Ky. Acts ch. 468, sec. 1, effective July 15, 1994.
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