2021 Tennessee Code
Title 47 - Commercial Instruments and Transactions
Chapter 25 - Trade Practices
Part 4 - Trademarks on Drugs
§ 47-25-401. Part Definitions

Universal Citation: TN Code § 47-25-401 (2021)

As used in this part, unless the context otherwise requires:


  1. “Deceptive imitation” means any imitation calculated or likely to deceive purchasers exercising the care ordinarily exercised in buying;

  2. “Drug” includes all preparations recognized in the United States Pharmacopoeia or National Formulary for internal or external use, and any substance or mixture of substances intended to be used for the cure, mitigation, or prevention of diseases of either humans or other animals;

  3. “Misbranded” means a drug the container of which bears a counterfeit, copy, or deceptive imitation of any trademark;

  4. “Owner” means the person having the right to the use of a trademark. A subsisting certificate of registration under the laws of this state or of the United States shall constitute prima facie evidence of ownership;

  5. “Person” includes any individual, partnership, corporation, or association; and

  6. “Trademark” includes any trade or identifying mark, term, design, device, label, slogan, dress, or other means by which the goods of any producer, manufacturer, packer, owner, or seller may be identified.
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