§ 360 — Definitions

New York § 360

• Jurisdiction: New York
• Law GBS: General Business
• Art. 24: Trademarks

Text

§ 360. Definitions. (a) The term "trademark" as used herein means any\nword, name, symbol, or device or any combination thereof used by a\nperson to identify and distinguish the goods of such person, including a\nunique product, from those manufactured and sold by others, and to\nindicate the source of the goods, even if that source is unknown.\n (b) The term "service mark" as used herein means any word, name,\nsymbol, or device or any combination thereof used by a person to\nidentify and distinguish the services of one person, including a unique\nservice, from the services of others, and to indicate the source of the\nservices, even if that source is unknown. Titles, character names used\nby a person, and other distinctive features of radio or television\nprograms may be registered as service marks notwithstanding that they,\nor the programs, may advertise the goods of the sponsor.\n (c) The term "mark" as used herein includes any trademark or service\nmark, entitled to registration under this article whether registered or\nnot.\n (d) The term "trade name" means any name used by a person to identify\na business or vocation of such person.\n (e) The term "person" and any other word or term used to designate the\napplicant or other party entitled to a benefit or privilege or rendered\nliable under the provisions of this article includes a juristic person\nas well as a natural person. The term "juristic person" includes a firm,\npartnership, corporation, union, association, or other organization\ncapable of suing and being sued in a court of law.\n (f) The term "applicant" as used herein embraces the person filing an\napplication for registration of a mark under this article, and the legal\nrepresentatives, successors, or assigns of such person.\n (g) The term "registrant" as used herein embraces the person to whom\nthe registration of a mark under this article is issued, and the legal\nrepresentatives, successors, or assigns of such person.\n (h) The term "use" means the bona fide use of a mark in the ordinary\ncourse of trade, and not made merely to reserve a right in a mark. For\nthe purposes of this article, a mark shall be deemed to be in use (1) on\ngoods when it is placed in any manner on the goods or other containers\nor the displays associated therewith or on the tags or labels affixed\nthereto, or if the nature of the goods makes such placement\nimpracticable, then on documents associated with the goods or their\nsale, and the goods are sold or transported in commerce in this state,\nand (2) on services when it is used or displayed in the sale or\nadvertising of services and the services are rendered in this state.\n (i) A mark shall be deemed to be "abandoned" when either of the\nfollowing occurs:\n (1) When its use has been discontinued with intent not to resume such\nuse. Intent not to resume may be inferred from circumstances. Nonuse\nfor two consecutive years shall constitute prima facie evidence of\nabandonment.\n (2) When any course of conduct of the owner, including acts of\nomission as well as commission, causes the mark to lose its significance\nas a mark.\n (j) The term "secretary" as used herein means the secretary of the\nstate or the designee of the secretary.\n