(1) For purposes of this chapter, a mark is in use:

(a) On goods that are sold or transported in commerce in this state when the mark is placed in any manner on:

(A) Goods, other containers or displays associated with the goods or tags or labels affixed to the goods; or

(B) Documents associated with the goods or the sale of the goods, if the nature of the goods makes placing the mark on the items identified in subparagraph (A) of this paragraph impractical.

(b) On services that are rendered in this state when the mark is used or displayed in selling or advertising the services.

(2) A mark is abandoned if either of the following occurs:

(a) Use of the mark has been discontinued with intent not to resume the use. Intent not to resume use may be inferred from circumstances. Nonuse for two consecutive years is prima facie evidence of abandonment.

(b) A course of conduct of the owner, including a failure to act, causes the mark to lose significance as a mark.

(3) A title, character name that a person uses and other distinctive features of a radio or television program may be registered as a service mark notwithstanding that the title, name or feature or the program may advertise the goods of the sponsor. [2009 c.459 §3]