§ 647.005 Definitions

Terms Used In Oregon Statutes > Chapter 647 > Trademarks and Service Marks > Generally

  • 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.
  • 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

  • Mark: means a trademark or service mark entitled to registration under this chapter whether registered or not. See Oregon Statutes 647.005
  • 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
  • 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
  • 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