(a) This chapter does not apply to:

Terms Used In Hawaii Revised Statutes 481A-5

  • Certification mark: means a mark used in connection with the goods or services of a person other than the certifier to indicate geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of the goods or services or to indicate that the work or labor on the goods or services was performed by members of a union or other organization. See Hawaii Revised Statutes 481A-2
  • Collective mark: means a mark used by members of a cooperative, association, or other collective group or organization to identify goods or services and distinguish them from those of others, or to indicate membership in the collective group or organization. See Hawaii Revised Statutes 481A-2
  • Mark: means a word, name, symbol, device, or any combination of the foregoing in any form or arrangement. See Hawaii Revised Statutes 481A-2
  • Statute: A law passed by a legislature.
  • Trade name: means a word, name, symbol, device, or any combination of the foregoing in any form or arrangement used by a person to identify the person's business, vocation, or occupation and distinguish it from the business, vocation, or occupation of others. See Hawaii Revised Statutes 481A-2
  • Trademark: means a mark used by a person to identify goods and to distinguish them from the goods of others. See Hawaii Revised Statutes 481A-2
(1) Conduct in compliance with the orders or rules of, or a statute administered by, a federal, state, or local governmental agency;
(2) Publishers, broadcasters, printers, or other persons engaged in the dissemination of information or reproduction of printed or pictorial matters who publish, broadcast, or reproduce material without knowledge of its deceptive character; or
(3) Actions or appeals pending on July 14, 1969.
(b) Sections 481A-3(a)(2) and 481A-3(a)(3) do not apply to the use of a service mark, trademark, certification mark, collective mark, trade name, or other trade identification that was used and not abandoned before July 14, 1969 if the use was in good faith and is otherwise lawful except for this chapter.

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