2023 New York Laws › GBS - General Business › Article 24 - Trademarks › 360 - Definitions.

§  360. Definitions. (a) The term "trademark" as used herein 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  and  sold by others, and to
indicate the source of the goods, even if that source is unknown.
(b) The term "service mark" as  used  herein  means  any  word,  name,
symbol,  or  device  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.
(c)  The  term "mark" as used herein includes any trademark or service
mark, entitled to registration under this article whether registered  or
not.
(d)  The term "trade name" means any name used by a person to identify
a business or vocation of such person.
(e) 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 article includes 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.
(f)  The term "applicant" as used herein embraces the person filing an
application for registration of a mark under this article, and the legal
representatives, successors, or assigns of such person.
(g) The term "registrant" as used herein embraces the person  to  whom
the  registration  of a mark under this article is issued, and the legal
representatives, successors, or assigns of such person.
(h) The term "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 article, 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 their
sale, and the goods are sold or transported in commerce in  this  state,
and  (2)  on  services  when  it  is  used  or  displayed in the sale or
advertising of services and the services are rendered in this state.
(i) 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.
(j)  The  term  "secretary"  as used herein means the secretary of the
state or the designee of the secretary.