§ 47-22-01 — Definitions

As used in this chapter, unless the context otherwise requires, the term:
1. "Applicant" embraces the person filing an application for registration of a mark under
this chapter and that person's legal representatives, successors, or assigns.
2. "Mark" includes any trademark or service mark entitled to registration under this
chapter whether or not registered.
3. "Person" means any individual, firm, partnership, corporation, limited liability company,
association, union, or other organization.
4. "Registrant" embraces the person to whom the registration of a mark under this
chapter is issued and that person's legal representatives, successors, or assigns.
5. "Service mark" means any word, name, symbol, or device or any combination thereof
used by a person to identify and distinguish the services of one 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, may advertise the goods of the sponsor.
6. "Trademark" means 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.
For the purposes of this chapter, a trademark shall be deemed to be "used" in this state when it
is placed in any manner on the goods or their containers or on the tags or labels affixed thereto
and such goods are sold or otherwise distributed in this state.