Definitions

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. 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.