Ohio Code 4165.04 – Exceptions
(A) This chapter does not apply to either of the following:
Terms Used In Ohio Code 4165.04
- 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 Ohio Code 4165.01
- 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 Ohio Code 4165.01
- Mark: means a word, name, symbol, device, or combination of a word, name, symbol, or device in any form or arrangement. See Ohio Code 4165.01
- state: means the state of Ohio. See Ohio Code 1.59
- Statute: A law passed by a legislature.
- Trade name: means a word, name, symbol, device, or combination of a word, name, symbol, or device 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 Ohio Code 4165.01
- Trademark: means a mark used by a person to identify goods and to distinguish them from the goods of others. See Ohio Code 4165.01
(1) Conduct that is 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 who are engaged in the dissemination of information or reproduction of printed or pictorial matter and who publish, broadcast, or reproduce material without knowledge of its deceptive character.
(B) Divisions (A)(2) and (3) of section 4165.02 of the Revised Code 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 September 25, 1969, if the use was in good faith and otherwise is lawful except for this chapter.