§ 40-1-101 — Definitions

Wyoming § 40-1-101

• Jurisdiction: Wyoming
• Title 40: Trade and Commerce
• Ch. 1: TRADEMARKS AND SERVICE MARKS

Text

(a) The term "trademark" as used in this act means any
word, name, symbol, or device or any combination thereof adopted
and 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.
(b) The term "service mark" as used in this act means any
word, name, symbol or device or any combination thereof used by
a person, to identify and distinguish the services of one (1)
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.
(c) The term "mark" as used in this act includes any
trademark or service mark entitled to registration under this
act whether registered or not.
(d) The term "person" and 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 act
includes a juristic person as well as a natural person. The
term "juristic person" includes a firm, partnership,
corporation, association, union or other organization or
business entity capable of suing and being sued in a court of
law.
(e) The term "applicant" as used in this act embraces the
person filing an application for registration of a mark under
this act, and the legal representatives, successors or assigns
of such person.
(f) The term "registrant" as used in this act embraces the
person to whom the registration of a mark under this act is
issued and the legal representatives, successors or assigns of
such person.
(g) The term "use" in this act means the bona fide use of
a mark in the ordinary course of trade and not made merely to
reserve a right in a mark. For the purposes of this act, a mark
shall be deemed to be in use in this state:
(i) On goods when it is placed in any manner on the
goods or other containers on 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 their sale, and the goods are sold
or transported in commerce in this state; and
(ii) On services when it is used or displayed in the
sale or advertising of services and the services are rendered in
this state.
(h) A mark shall be deemed to be "abandoned" under this
act when either of the following occurs:
(i) When its use has been discontinued with the
intent not to resume such use. Intent not to resume may be
inferred from circumstances. Nonuse for two (2) consecutive
years shall constitute prima facie evidence of abandonment;
(ii) 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.
(j) The term "dilution" as used in this act means the
lessening of the capacity of a registrant's mark to identify and
distinguish goods or services, regardless of the presence or
absence of:
(i) Competition between the parties; or
(ii) Likelihood of confusion, mistake or deception.
(k) The term "secretary" as used in this act means the
secretary of state or the designee of the secretary charged with
the administration of this act.
(m) "This act" means W.S. 40-1-101 through 40-1-116.