Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 62.00 - Trademark Administration, General Provisions And Definitions › Section 62.02 - Definitions

Current through Register 1525, July 5, 2024
For the purposes of
				950 CMR 62.00, unless the
				context otherwise requires, the following terms shall have the meanings
				indicated:
Applicant
means a person filing an
				application for registration of a mark under M.G.L. c. 110H and the legal
				representatives, successors or assigns of that person.
Business Entity
means a corporation,
				limited partnership, general partnership, limited liability company, joint
				venture, joint stock company, business trust or unincorporated
				association.
Director
means the Director of the
				Corporations Division.
Division
means the Corporations
				Division in the Office of the Secretary of the Commonwealth.
Division's Website
means the Secretary
				of the Commonwealth's website at
www.sec.state.ma.us/cor
				www.sec.state.ma.us/cor.
Document
means the application to
				register a mark, a registrant name or address amendment, an assignment or
				renewal.
Mark
means a trademark or service mark
				entitled to registration under M.G.L. c. 110H whether registered or not.
Person
means a juristic person as well
				as a natural person and includes a firm, partnership, corporation, union,
				association or other organization capable of suing and being sued in a court of
				law.
Registrant
means a person to whom the
				registration of a mark is issued and the legal representatives, successors or
				assigns of that person.
Refusal to File
means the
				determination by the Trademark Section that a mark may not be registered under
				the relevant provisions of law or regulation.
Service Mark
means a 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. Title, 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 goods
				of the sponsor.
Trademark
means a word, name, symbol
				or device or any combination thereof used by a person to identify and
				distinguish goods of that 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.
Tradename
means any name used by a
				person to identify a business or vocation of that person.
Use
means the
bona
				fide
use of a mark in the ordinary course of trade, and not merely to
				reserve a right in a mark. A mark shall be considered in use:
(a) 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 the placement
				impracticable, then on the documents associated with the goods or their sale
				and the goods are sold or transported in commerce in the Commonwealth, and
(b) on services when used or displayed in the sale or
				advertising of services and the services are rendered in the
				Commonwealth.