Article 1 General Provisions 8-12-1 – 8-12-3
Article 2 Registration of Trademarks and Service Marks 8-12-6 – 8-12-19
Article 3 Names, Marks, etc., on Beverage Containers 8-12-20 – 8-12-23
Article 4 Marked Containers for Milk and Milk Products 8-12-40 – 8-12-44

Terms Used In Alabama Code > Title 8 > Chapter 12 - Trademarks, Names, Marks, Devices, and Labels

  • abortion: The use or prescription of any instrument, medicine, drug, or any other substance or device with the intent to terminate the pregnancy of a woman known to be pregnant with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child. See Alabama Code 26-23E-3
  • ABORTION INDUCING DRUG: A medicine, drug, or any other substance prescribed or dispensed with the intent of terminating the clinically diagnosable pregnancy of a woman, with the knowledge that the termination will with reasonable likelihood cause the death of the unborn child. See Alabama Code 26-23E-3
  • ABORTION OR REPRODUCTIVE HEALTH CENTER: A facility defined and regulated as an abortion or reproductive health center by the rules of the Alabama State Board of Health. See Alabama Code 26-23E-3
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • administer: To give or apply a pharmacologic or other therapeutic agent to a patient. See Alabama Code 26-23E-3
  • ALARM MONITORING SERVICE: A service that uses a device located at a residence, place of business, or other fixed premises for both of the following purposes:

    a. See Alabama Code 45-39-250

  • animal: Every living creature, domestic or wild, with the exception of man and animals used for illegal gaming purposes. See Alabama Code 13A-11-152
  • ANIMAL OR CROP FACILITY: Any facility engaging in scientific research, education, or agricultural production of or involving the use of animals or crops including any organization with the primary purpose of representing livestock or crop production or processing; any organization with a primary purpose of promoting or marketing livestock or crops; any organization with a primary purpose of promoting or marketing livestock or crop products or materials; any person licensed to practice veterinary medicine; any person licensed to apply chemical applications not limited to pesticides, insecticides, rodenticides, or herbicides; any organization with a primary purpose of representing any of the above; the owner, operator, and employees of any animal or crop facility; and any vehicle, building, greenhouse, structure, laboratory, pasture, field, paddock, pond, impoundment, or premises where animals or crops are located. See Alabama Code 13A-11-152
  • applicant: The person filing an application for registration of a mark under this article and the person's legal representative, successors, or assigns. See Alabama Code 8-12-6
  • authority: The Civic Center Authority created by this part. See Alabama Code 45-39A-11
  • board: The State Board of Health. See Alabama Code 22-13-50
  • broadcaster: Any entity that is engaged in the business of broadcasting video or audio programs, whether through the public airwaves, by cable, by direct or indirect satellite transmissions, or by any other means of communication. See Alabama Code 26-19A-3
  • budget year: shall mean the fiscal year for which any particular budget is adopted and in which it is administered. See Alabama Code 11-43A-29
  • CABLE SERVICE: A service that provides both of the following:

    a. See Alabama Code 45-39-250

  • CABLE SYSTEM: A facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but the term does not include any of the following:

    a. See Alabama Code 45-39-250

  • Chambers: A judge's office.
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • commission: The Alabama Public Service Commission;

    (6) FEDERAL SAFETY STANDARDS. See Alabama Code 37-4-90

  • commissioner: The Commissioner of Agriculture and Industries. See Alabama Code 2-1-1
  • commissioner: The Commissioner of Agriculture and Industries for the State of Alabama. See Alabama Code 13A-11-152
  • consumer: A natural person residing in this state. See Alabama Code 8-35-1
  • CONSUMER CREDIT REPORT: A consumer report, as defined in 15 U. See Alabama Code 8-35-1
  • CONSUMER CREDIT REPORTING AGENCY: Any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer credit reports to third parties. See Alabama Code 8-35-1
  • conviction: An adjudication of guilt of or a plea of guilty or nolo contendere to the commission of an offense against the laws of this state, any other state or territory, the United States, or a foreign nation recognized by the United States. See Alabama Code 13A-10-190
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. Source: OCC
  • crops: Any shrub, vine, tree, seedling, shoot, slip, or other plant undergoing experimentation or otherwise capable of producing food, fiber, lawful or legal medicines, nursery stock, floral products, or aesthetic beauty. See Alabama Code 13A-11-152
  • CUSTOMER PREMISES EQUIPMENT: Equipment employed on the premises of a person, other than a telecommunications service provider, to originate, route, or terminate telecommunications. See Alabama Code 45-39-250
  • Decedent: A deceased person.
  • department: The Alabama Department of Public Health. See Alabama Code 22-13-50
  • department: The Alabama State Law Enforcement Agency. See Alabama Code 26-19A-3
  • detonator: A device containing a detonating charge that is used to initiate detonation in an explosive, including, but not limited to, electric blasting caps, blasting caps for use with safety fuses, and detonating cord delay connectors. See Alabama Code 13A-10-190
  • dilution: Dilution by blurring or dilution by tarnishment, regardless of the presence or absence of:

    a. See Alabama Code 8-12-6

  • DILUTION BY BLURRING: The association arising from the similarity between a mark and a famous mark that impairs the distinctiveness of the famous mark. See Alabama Code 8-12-6
  • DILUTION BY TARNISHMENT: The association arising from the similarity between a mark and a famous mark that harms the reputation of the famous mark. See Alabama Code 8-12-6
  • director: The Director of the Alabama State Law Enforcement Agency. See Alabama Code 13A-10-190
  • dispense: To sell, distribute, administer, leave with, give away, dispose of, deliver, or supply a drug or medicine to the ultimate user or the user's agent. See Alabama Code 26-23E-3
  • distribute: The actual, constructive, or attempted transfer from one person to another. See Alabama Code 13A-10-190
  • En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
  • Ex officio: Literally, by virtue of one's office.
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • explosive: A chemical compound or other substance or mechanical system intended for the purpose of producing an explosion capable of causing injury to persons or damage to property or containing oxidizing and combustible units or other ingredients in proportions or quantities that ignition, fire, friction, concussion, percussion, or detonator may produce an explosion capable of causing injury to persons or damage to property. See Alabama Code 13A-10-190
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • father: The biological father of the human fetus. See Alabama Code 26-23-2
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • felony: An offense punishable by imprisonment for a term of one year or more, and includes conviction by a court-martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States. See Alabama Code 13A-10-190
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • incendiary: A flammable or combustible liquid or compound with a flash point of 100 degrees Fahrenheit or less as determined by Tagliabue or equivalent closed-cup device including, but not limited to, gasoline, kerosene, fuel oil, or a derivative of these substances. See Alabama Code 13A-10-190
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • INTERACTIVE COMPUTER SERVICE: Any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and the systems operated or services offered by libraries or educational institutions. See Alabama Code 45-39-250
  • internet: The international computer network of both federal and non-federal interoperable packet switched data networks. See Alabama Code 45-39-250
  • INTIMATE AREAS: Any portion of a person's body, whether or not covered by undergarments, that are traditionally covered by undergarments to protect that portion from public view, including genitals, pubic areas, buttocks, and female breasts. See Alabama Code 13A-11-40
  • jurat: A clause wherein a notary public or other attesting officer authorized by law to administer oaths in connection with affidavits, depositions and other subscribed written instruments certifies that the subscriber has appeared before him and sworn to the truth of the contents thereof. See Alabama Code 13A-10-100
  • juror: Any person who is a member of any jury, including a grand jury, impaneled by any court of this state or by any public servant authorized by law to impanel a jury. See Alabama Code 13A-10-120
  • manufacturing: The process of combining two or more components necessary to produce a destructive device, over-pressure device, explosive, detonator, or poison gas, with the exception of commercially manufactured reactive targets used for recreational shooting purposes, or manufactured under provisions set forth under a permit issued by the State Fire Marshal. See Alabama Code 13A-10-190
  • mark: Any trade name, trademark, or service mark entitled to registration under this article whether registered or not. See Alabama Code 8-12-6
  • material: A statement is "material" regardless of the admissibility of the statement under the rules of evidence, if it could have affected the course or outcome of the official proceeding. See Alabama Code 13A-10-100
  • mayor: The mayor or other chief executive officer of a municipality. See Alabama Code 45-39A-11
  • MISSING AND ENDANGERED PERSONS ALERT: A voluntary program entered into by the department and other local and state law enforcement agencies and the Alabama Association of Broadcasters and broadcasters licensed to serve in the state, which provides that if the department verifies that a person living with a mental disability, physical disability, Alzheimer's disease, dementia, or autism is missing or lost and in danger, a media alert is transmitted. See Alabama Code 26-19A-3
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • mother: The female who is pregnant with a live human fetus which may be subject to a partial-birth abortion under this chapter. See Alabama Code 26-23-2
  • municipality: Any incorporated city or town in Lauderdale County. See Alabama Code 45-39-250
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • NORMAL BUSINESS HOURS: Any day between the hours of 8:00 A. See Alabama Code 8-35-1
  • oath: Such term includes an affirmation and every other mode authorized by law of attesting to the truth of that which is stated. See Alabama Code 13A-10-100
  • Oath: A promise to tell the truth.
  • oath: includes affirmation. See Alabama Code 1-1-1
  • OVER-PRESSURE DEVICE: A frangible container filled with an explosive gas or expanding gas which is designed or constructed so as to cause the container to break or fracture in a manner which is capable of causing death, bodily harm, or property damage. See Alabama Code 13A-10-190
  • PARTIAL-BIRTH ABORTION: An abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery. See Alabama Code 26-23-2
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: Any individual, firm, partnership, corporation, association, union, or other organization. See Alabama Code 8-12-6
  • person: Any individual, firm, joint venture, partnership, corporation, association, or joint stock association and includes any trustee, receiver, assignee, or personal representative thereof engaged in the transportation of hazardous liquids. See Alabama Code 37-4-90
  • person: A human being, and where appropriate, a public or private corporation, an unincorporated corporation, a partnership, a government or a governmental instrumentality, or a private organization, association, coalition, federation, and its officers or spokespersons. See Alabama Code 13A-11-152
  • person: Includes a natural person, a corporation, a partnership, an association, or any other entity. See Alabama Code 45-39A-11
  • person: Any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. See Alabama Code 8-35-1
  • Petit jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
  • physician: A doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the state or any other individual legally authorized by the state to perform abortions. See Alabama Code 26-23-2
  • physician: A person currently licensed by the Medical Licensure Commission, State of Alabama, to practice medicine or osteopathy pursuant to Section 34-24-50, et seq. See Alabama Code 26-23E-3
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • POISON GAS: A toxic chemical or its precursors that through its chemical action or properties on life processes causes death or permanent injury to human beings. See Alabama Code 13A-10-190
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • prescription: A physician's order for the preparation and administration of a drug or device for a patient. See Alabama Code 26-23E-3
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • PROPER IDENTIFICATION: Information generally deemed sufficient to identify a person for consumer reporting agency purposes under 15 U. See Alabama Code 8-35-1
  • property: Real or personal property of any kind including money, choses in action, and other similar interests in property. See Alabama Code 13A-10-190
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • PUBLIC BUILDING: A structure which is generally open to members of the public with or without the payment of an admission fee or membership dues including, but not limited to, structures owned, operated, or leased by the state, the United States, any of the several states, or a foreign nation or any political subdivision or authority thereof; a religious organization; any medical facility; any college, school, or university; or any corporation, partnership, or association. See Alabama Code 13A-10-190
  • registrant: The person to whom the registration of a mark under this article is issued and the person's legal representative, successors, or assigns. See Alabama Code 8-12-6
  • Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • REQUIRED OR AUTHORIZED BY LAW: An oath is "required or authorized by law" when the use of the oath is provided for by statute or municipal ordinance. See Alabama Code 13A-10-100
  • RESIDENTIAL REAL ESTATE: A new or existing building constructed for habitation by one to four families, including detached garages. See Alabama Code 8-36-1
  • RESIDENTIAL ROOFING CONTRACTOR: A person or entity in the business of contracting or offering to contract with an owner or possessor of residential real estate to repair or replace roof systems. See Alabama Code 8-36-1
  • residing: as used in this article , shall mean any person who remains within any county in the state for a period of more than 24 hours and maintains or uses sleeping quarters anywhere within the county. See Alabama Code 13A-11-180
  • ROOF SYSTEM: A roof covering, roof sheathing, roof weatherproofing, roof framing, roof ventilation system, and insulation. See Alabama Code 8-36-1
  • SECURITY FREEZE: A restriction placed on a consumer credit report at the request of the consumer that prohibits a consumer credit reporting agency from releasing the consumer's consumer credit report for a purpose relating to the extension of credit without the express authorization of the consumer. See Alabama Code 8-35-1
  • SERVICE MARK: Any word, name, symbol, character, or device, or any combination thereof and the distinctive feature of radio, television, or other advertising adopted and used by a person to identify services rendered or offered by the person and to distinguish them from the services of others. See Alabama Code 8-12-6
  • STATE FIRE MARSHAL: The State Fire Marshal who is appointed by the Commissioner of Insurance pursuant to Section 27-2-10. See Alabama Code 13A-10-190
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • subscription: include a mark when the person cannot write, if his name is written near the mark, and witnessed by a person who writes his own name as a witness, and include with respect to corporate securities facsimile signature placed upon any instrument or writing with intent to execute or authenticate such instrument or writing. See Alabama Code 1-1-1
  • telecommunications: The transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. See Alabama Code 45-39-250
  • TELECOMMUNICATIONS CARRIER: Any provider of telecommunications services, except that the term does not include aggregators of telecommunications services as defined in 47 U. See Alabama Code 45-39-250
  • TELECOMMUNICATIONS EQUIPMENT: Equipment, other than customer premises equipment, used by a provider of telecommunications to provide telecommunications services, and includes software integral to the equipment, including upgrades. See Alabama Code 45-39-250
  • TELECOMMUNICATIONS SERVICE: The offering of telecommunications, including servicing and repairing related equipment, for a fee directly to the public, or to the classes of users as to be effectively available directly to the public regardless of the facilities used, including, but not limited to, voice, data, imaging, and video transmissions and local telephone exchange service. See Alabama Code 45-39-250
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testify: Answer questions in court.
  • TRADE NAME: A word, name, symbol, character, design, drawing, device, or any combination thereof adopted and used by a person to identify the person's business (including vocation, occupation, or profession), and distinguish it from the business of others. See Alabama Code 8-12-6
  • trademark: Any word, name, symbol, character, design, drawing, or device, or any combination thereof adopted and used by a person to identify goods made or sold by the person and to distinguish them from goods made or sold by others. See Alabama Code 8-12-6
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • undergarments: Articles of clothing worn under clothing that conceal intimate areas from view. See Alabama Code 13A-11-40
  • used: A mark shall be deemed to be used in this state:

    a. See Alabama Code 8-12-6

  • Verdict: The decision of a petit jury or a judge.
  • WEAPONS OF MASS DESTRUCTION: Include any of the following:

    a. See Alabama Code 13A-10-190