|Trademarks and Service Marks|
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Terms Used In Oregon Statutes > Chapter 647
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Applicant: means a person that files an application to register a mark under this chapter, and the person's legal representatives, successors or assigns. See Oregon Statutes 647.005
- 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.
- 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 an association that arises from the similarity between a mark or trade name and a famous mark, regardless of the presence or absence of competition between the owner of the famous mark and another party, actual or likely confusion, mistake, deception or actual economic injury, if the association:
(a) Impairs the distinctiveness of the famous mark, an association commonly known as dilution by blurring; or
(b) Harms the reputation of the famous mark, an association commonly known as dilution by tarnishment. See Oregon Statutes 647.005
- Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
- Grantor: The person who establishes a trust and places property into it.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Mark: means a trademark or service mark entitled to registration under this chapter whether registered or not. See Oregon Statutes 647.005
- Oath: A promise to tell the truth.
- 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 an individual, firm, partnership, corporation, association, limited liability company, union or other organization capable of suing or being sued in a court. See Oregon Statutes 647.005
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Registrant: means a person to whom the registration of a mark is issued under this chapter, and the person's legal representatives, successors or assigns. See Oregon Statutes 647.005
- 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.
- Service mark: means a word, name, symbol or device or a combination of words, names, symbols or devices that a person uses to identify and distinguish the person's services, including a unique service, from another person's services and to indicate the source of the services, even if the source is unknown. See Oregon Statutes 647.005
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- state government: means the executive department, the judicial department and the legislative department. See Oregon Statutes 174.111
- State Treasury: includes those financial assets the lawful custody of which are vested in the State Treasurer and the office of the State Treasurer relating to the custody of those financial assets. See Oregon Statutes 174.100
- Trade name: means a name that a person uses to identify the person's business or vocation. See Oregon Statutes 647.005
- Trademark: means a word, name, symbol or device or a combination of words, names, symbols or devices that a person uses to identify and distinguish the person's goods, including a unique product, from another person's goods and to indicate the source of the goods, even if the source is unknown. See Oregon Statutes 647.005
- Use: means a bona fide use of a mark as described in ORS 647. See Oregon Statutes 647.005
- Violate: includes failure to comply. See Oregon Statutes 174.100
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.