Terms Used In Arizona Laws > Title 44 > Chapter 10 > Article 3 - Registration and Protection of Trademarks and Service Marks

• Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
• Applicant: means the person filing an application for registration of a mark under this article or the person's legal representatives, successors or assigns. See Arizona Laws 44-1441
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dilution: means the lessening of the capacity of a famous mark to identify and distinguish goods or services, regardless of the presence or absence of either:

  (a) Competition between the owner of the famous mark and other parties. See Arizona Laws 44-1441

• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Mark: means any trademark or service mark. See Arizona Laws 44-1441
• 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: means any individual, firm, partnership, corporation, association, union or other organization. See Arizona Laws 44-1441
• Personal property: All property that is not real property.
• Personal property: includes money, goods, chattels, things in action and evidences of debt. See Arizona Laws 1-215
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Property: includes both real and personal property. See Arizona Laws 1-215
• Registrant: means the person to whom the registration of a mark under this article is issued or the person's legal representatives, successors or assigns. See Arizona Laws 44-1441
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• sell: means a sale or any other disposition of a security or interest in a security for value and includes a contract to make such sale or disposition. See Arizona Laws 44-1801
• Service mark: means any word, name, symbol or device or any combination of these items that is adopted and used by a person to identify services provided or sold by that person and to distinguish the services from services provided or sold by others. See Arizona Laws 44-1441
• Trademark: means any word, name, symbol or device or any combination of these items that is adopted and used by a person to identify goods made or sold by that person and to distinguish the goods from goods made or sold by others. See Arizona Laws 44-1441
• United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
• used: means 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 Arizona Laws 44-1441
• Whips: Assistants to the floor leaders who are also elected by their party conferences. The Majority and Minority Whips (and their assistants) are responsible for mobilizing votes within their parties on major issues. In the absence of a party floor leader, the whip often serves as acting floor leader.
• Wilfully: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 1-215
• Writing: includes printing. See Arizona Laws 1-215