Guam § 47 - Definitions.

§ 47. Definitions.

For purposes of the Trademark Counterfeiting Act,

(a) the term ‘registered mark’ means:

(1) a trademark or trade name registered in the United States and

Trademark Office, or in any State, Commonwealth or Territory of

the United States, or registered in Guam pursuant to §20401 et.

seq. of Title 5, Guam Code Annotated, or in any other country, or

protected by the Amateur Sports Act of 1978, 36 U.S.C. §380, or

recognized by common law, whether or not the defendant knew

such trademark or trade name was so registered or protected; and

(2) used without the consent of the registrant;

(b) the term ‘counterfeit mark’ means:

(1) a spurious mark,

(i) that is used in connection with trafficking goods or

services;

(ii) that is identical with, or substantially

indistinguishable from, a mark registered for those goods or

services on the principal register in the United States Patent

and Trademark Office or registered with the Administrator

of the Guam Economic Development and Commerce

Authority (‘GEDCA’) and with the Department of Revenue

and Taxation of the government of Guam, or in any other

State, Commonwealth or Territory of the United States,

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whether or not the defendant knew such mark was so

registered; and

(iii) the use of which is likely to cause confusion, to

cause mistake, or to deceive; or

(2) a spurious designation that is identical with, or substantially

indistinguishable from, a designation as to which the remedies of

the Lanham Act are made available, but such term does not

include any mark or designation used in connection with goods or

services of which the manufacture or production in question

authorized to use the mark or designation for the type of goods or

services so manufactured or produced, by the holder of the right

to use such mark or designation;

(c) the term ‘traffic’ means to transport, transfer, or otherwise

dispose of, to another, in consideration for anything of value, or to

make or obtain control of, with the intent to transport, transfer, or

dispose of;

(d) the term ‘Lanham Act’ means the Act entitled ‘An Act To

Provide For The Registration And Protection Of Trademarks Used In

Commerce, To Carry Out The Provisions Of Certain International

Conventions, And For Other Purposes,’ approved July 5, 1946 (15

U.S.C. §1051 et. seq.);

(e) the term ‘cumulative retail sale value’ of counterfeit goods or

services means a value equivalent to the cumulative price or fair

market value of the article as of the time of the crime.