Terms Used In Idaho Code 48-510

  • Mark: shall mean any trademark, service mark, collective mark or certification mark entitled to registration under this act whether registered or not. See Idaho Code 48-501
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • Trademark: shall mean 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. See Idaho Code 48-501
  • Use: shall mean the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. See Idaho Code 48-501
The secretary of state shall use the international classification of goods and services for convenience of administration of this act, but not to limit or extend the applicant’s or registrant’s rights, and a single application for registration of a mark may include any or all goods upon which, or services with which, the mark is actually being used indicating the appropriate class or classes of goods or services. When a single application includes goods or services which fall within multiple classes, the secretary of state may require payment of a fee for each class. To the extent practicable, the classification of goods and services shall conform to the classification adopted by the United States patent and trademark office. Applications for renewal shall be filed using the international classification of goods and services. A renewed registration shall be issued by the secretary of state, under the international classification of goods and services, if such renewal would not expand the registrant’s rights.