Ohio Code 1329.41 – Filing trade names, marks and devices definitions
As used in sections 1329.41 to 1329.53, inclusive, of the Revised Code:
Terms Used In Ohio Code 1329.41
- 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.
- 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: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
(A) “Name, mark, or device” means any word, name, symbol, picture, design or device, or any combination thereof, produced upon, and used by a person to indicate ownership of articles and supplies referred to herein.
(B) “Person” means any individual, firm, partnership, corporation, association or union of workingmen or other organization.
(C) “Produced upon” means branded, stamped, stenciled, engraved, etched, blown, embossed, impressed, embroidered, sewn or otherwise permanently placed upon any articles or supplies referred to herein.
(D) “Articles or supplies” means any item which is designed and intended for re-use in the normal course of trade by the person filing hereunder and includes towels, coats, aprons, toilet devices and accessories therefor supplied for hire or compensation, and vessels, receptacles and utensils used as packages or containers in the sale and distribution of any natural or processed product, compound, mixture, or substance, or any combination thereof, and parts and accessories for such vessels, receptacles and utensils.
(E) For purposes of sections 1329.41 to 1329.53, inclusive, of the Revised Code, a name, mark or device is “used in this state” when it is produced upon the articles or supplies and they are placed in the channels of trade.