CONSTRUCTION AND DEFINITIONS.

SEC. 134. CONSTRUCTION AND DEFINITIONS. Section 45 (15 U.S.C. 1127) is amended— 102 STAT. 3947 (1) by amending the paragraph defining “related company” to read as follows: “The term ‘related company’ means any person whose use of a mark is controlled by the owner of the mark with respect to the nature and quality of the goods or services on or in connection with which the mark is used.”; (2) by amending the paragraph defining “trade name” and “commercial name” to read as follows: “The terms “trade name’ and ‘commercial name’ mean any name used by a person to identify his or her business or vocation.”; (3) by amending the paragraph defining “trademark” to read as follows: “The term ‘trademark’ includes any word, name, symbol, or device, or any combination thereof— “(1) used by a person, or “(2) which a person has a bona fide intention to use in commerce and applies to register on the principal register established by this Act, to identify and distinguish his or her goods, 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.”; (4) by amending the paragraph defining “service mark” to read as follows: “The term ‘service mark’ means any word, name, symbol, or device, or any combination thereof— “(1) used by a person, or “(2) which a person has a bona fide intention to use in commerce and applies to register on the principal register established by this Act, 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, 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.”; (5) by amending the paragraph defining “certification mark” to read as follows: “The term ‘certification mark’ means any word, name, symbol, or device, or any combination thereof— “(1) used by a person other than its owner, or “(2) which its owner has a bona fide intention to permit a person other than the owner to use in commerce and files an application to register on the principal register established by this Act, to certify regional or other origin, material, mode of manufacture, qualify, accuracy, or other characteristics of such person’s goods or services or that the work or labor on the goods or services was performed by members of a union or other organization.”; (6) by amending the paragraph defining “collective mark” to read as follows: “The term ‘collective mark’ means a trademark or service mark— “(1) used by the members of a cooperative, an association, or other collective group or organization, or “(2) which such cooperative, association, or other collective group or organization has a bona fide intention to use in commerce and applies to register on the principal register established by this Act, 102 STAT. 3948and includes marks indicating membership in a union, an association, or other organization.”; (7) by amending the paragraph defining “mark” to read as follows: “The term ‘mark’ includes any trademark, service mark, collective mark, or certification mark.”; (8) by amending the matter which appears between the paragraph defining “mark”, and the paragraph defining “colorable imitation” to read as follows: “The term ‘use in commerce’ 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 purposes of this Act, a mark shall be deemed to be in use in commerce— “(1) on goods when— “(A) it is placed in any manner on the goods or their 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 “(B) the goods are sold or transported in commerce, and “(2) on services when it is used or displayed in the sale or advertising of services and the services are rendered in commerce, or the services are rendered in more than one State or in the United States and a foreign country and the person rendering the services is engaged in commerce in connection with the services. “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 be prima facie evidence of abandonment. ‘Use’ of a mark means the bona fide use of that mark made in the ordinary course of trade, and not made merely to reserve a right in a mark. “(2) When any course of conduct of the owner, including acts of omission as well as commission, causes the mark to become the generic name for the goods or services on or in connection with which it is used or otherwise to lose its significance as a mark. Purchaser motivation shall not be a test for determining abandonment under this paragraph.”.