Tennessee § 47-25-501 - Part definitions.

§ 47-25-501. Part definitions.

As used in this part, unless the context otherwise requires: A mark shall be deemed to be “abandoned” when either of the following occurs: When its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Non-use for two (2) consecutive years shall constitute prima facie evidence of abandonment; or 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. “Applicant” embraces the person filing an application for registration of a mark under this part, and the legal representatives, successors, or assigns of such person; “Dilution” means the lessening of the capacity of a famous mark to identify and distinguish goods or services, regardless of the presence or absence of: 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 part whether registered or not; “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 this part includes a juristic person as well as a natural person. “Juristic person” includes a firm, partnership, corporation, union, association, or other organization capable of suing and being sued in a court of law; “Registrant” embraces the person to whom the registration of a mark under this part is issued, and the legal representatives, successors, or assigns of such person; “Secretary” means the secretary of state or the designee of the secretary charged with the administration of this part; “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 (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; “Trade name” means any name used by a person to identify a business or vocation of such person; and “Trademark” means 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; “Use” 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 part, a mark shall be deemed to be in use: 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 their sale, and the goods are sold or transported in commerce in this state; and On services when it is used or displayed in the sale or advertising of services and the services are rendered in this state. Acts 1982, ch. 698, § 2; T.C.A., §§ 69-530, 47-25-422; Acts 1998, ch. 776, § 1; 2000, ch. 671, § 1. Compiler's Notes. Former §§ 47-25-501 — 47-25-507 , concerning unfair practices related to household goods, were transferred to part 9 of this chapter in 1984. Acts 2000, ch. 671, § 3, provided: “This act shall be in force and take effect upon becoming a law [June 4, 2000] but shall not affect any suit, proceeding or appeal then pending. All acts relating to marks and parts of any other acts inconsistent herewith are hereby repealed on the effective date of this act, provided that as to any application, suit, proceeding or appeal, and for that purpose only, pending at the time this act takes effect such repeal shall be deemed not to be effective until final determination of said pending application, suit, proceeding or appeal.” Law Reviews. Bad Faith in Cyberspace: Trademark Rights on the World Wide Web (Chad Denver Emerson), 36 No. 12 Tenn. B.J. 14 (2000). Redefining Trademark Alteration Within the Context of Aesthetic-Based Zoning Laws: A Blockbuster Dilemma, 53 Vand. L. Rev. 717 (2000). The Virtues and Vices of Clarity in Trademark Law, 81 Tenn. L. Rev. 145 (2013). Torts — The Right of Publicity — Protecting a Celebrity's Identity, 52 Tenn. L. Rev. 123 (1984). Attorney General Opinions. State agency trademark of logo including part of state flag, OAG 98-0107 (6/11/98). Cited: Willowbrook Home Health Care Agency, Inc. v. Willow Brook Retirement Center, 769 S.W.2d 862, 1988 Tenn. App. LEXIS 837 (Tenn. Ct. App. 1988); Kellogg Co. v. Exxon Mobil Corp., 192 F. Supp. 2d 790, 2001 U.S. Dist. LEXIS 10059 (W.D. Tenn. 2001).