N.Y. General Business Law § 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.