§ 3302 — Definitions

The following words, terms and phrases, when used in this chapter, shall have the meaning ascribed to them except where the context clearly indicates a different meaning:

(1) “Applicant” shall mean any person filing an application for registration of a trademark under this chapter, the applicant’s legal representatives, successors or assigns.

(2) “Mark” shall include any trademark or service mark entitled to registration under this chapter, whether registered or not.

(3) “Person” shall mean any individual, firm, partnership, corporation, association, union or other organization.

(4) “Registrant” shall mean the person to whom the registration of a trademark under this chapter is issued, that person’s legal representatives, successors or assigns.

(5) “Service mark” shall mean a mark used in the sale or advertising of services to identify the services of 1 person and distinguish them from the services of others.

(6) “Trademark” shall mean any word, name, symbol or device or any combination thereof adopted and used by a person to identify goods made or sold by that person, and to distinguish them from goods made or sold by others.

(7) “Trade name” shall mean a word, name, symbol, device or any combination thereof used by a person to identify a business, vocation or occupation and distinguish it from the business, vocation or occupation of others.

(8) For the purposes of this chapter, a trademark shall be deemed to be “used” in this State:

a. On goods, when it is placed in any manner on the goods, their containers or the displays associated therewith, or on labels affixed thereto and such goods are sold or otherwise distributed within this State; and

b. On services, when the trademark is used or displayed in the sale or advertising of services and the services are rendered in this State.

Legislative History

60 Del. Laws, c. 612, § 1 ; 70 Del. Laws, c. 186, § 1