§ 1102 — Definitions

The following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

"Abandoned."A mark shall be deemed to be "abandoned" when either of the following occurs:

(1) When its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Nonuse for two consecutive years shall constitute prima facie evidence of abandonment.

(2) When any course of conduct of the owner, including acts of omission as well as commission, causes the mark to lose its significance as a mark.

"Adopted and used."(Deleted by amendment).

"Applicant."Any person filing an application for registration of a mark under this chapter, or the legal representatives, successors or assigns of such person.

"Dilution."The lessening of the capacity of a famous mark to identify and distinguish goods or services, regardless of the presence or absence of a competition between the owner of the famous mark and other parties or likelihood of confusion, mistake or deception.

"Mark."Includes any trademark or service mark entitled to registration under this chapter whether registered or not.

"Person."This word or 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 this chapter to include 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.

"Registrant."Any person who registers a mark under this chapter, or the legal representatives, successors or assigns of such person.

"Service mark."Any word, name, symbol or devise 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.

"Trademark."Any word, name, symbol or device, or any combination thereof, used by a person to identify and distinguish the goods of such 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.

"Trade name."A word, name, symbol, device or any combination thereof used by a person to identify the business, vocation or occupation of the person and distinguish it from the business, vocation or occupation of others.

"Use."The bona fide use of a mark in the ordinary course of trade and not merely to reserve a right in a mark. For the purposes of this chapter, a mark shall be deemed to be in use:

(1) On goods when it is placed in any manner on the goods or other containers or the displays associated therewith or on the tags or labels affixed thereto or, if the nature of the goods makes such placement impracticable, then on documents associated with the goods or other sale and the goods are sold or transported in commerce in this Commonwealth.

(2) On services when it is used or displayed in the sale or advertising of services and the services are rendered in this Commonwealth.

Legislative History

(June 18, 1998, P.L.518, No.73, eff. 60 days)