North Dakota Code 47-22-01 – Definitions
As used in this chapter, unless the context otherwise requires, the term:
Terms Used In North Dakota Code 47-22-01
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Individual: means a human being. See North Dakota Code 1-01-49
- Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
1. “Applicant” embraces the person filing an application for registration of a mark under this chapter and that person’s legal representatives, successors, or assigns.
2. “Mark” includes any trademark or service mark entitled to registration under this chapter whether or not registered.
3. “Person” means any individual, firm, partnership, corporation, limited liability company, association, union, or other organization.
4. “Registrant” embraces the person to whom the registration of a mark under this chapter is issued and that person’s legal representatives, successors, or assigns.
5. “Service mark” 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.
6. “Trademark” means any word, name, symbol, or device or any combination thereof adopted and used by a person to identify goods made or sold by that person and to distinguish them from goods made or sold by others.
For the purposes of this chapter, a trademark shall be deemed to be “used” in this state when it is placed in any manner on the goods or their containers or on the tags or labels affixed thereto and such goods are sold or otherwise distributed in this state.