As used in this part, unless the context otherwise requires:

(1) A mark shall be deemed to be “abandoned” when either of the following occurs:

Terms Used In Tennessee Code 47-25-501

  • 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.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Juristic person: includes a firm, partnership, corporation, union, association, or other organization capable of suing and being sued in a court of law. See Tennessee Code 47-25-501
  • Mark: includes any trademark or service mark, entitled to registration under this part whether registered or not. See Tennessee Code 47-25-501
  • 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 a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Secretary: means the secretary of state or the designee of the secretary charged with the administration of this part. See Tennessee Code 47-25-501
  • Service mark: means any word, name, symbol, or device or any combination thereof used by a person, to identify and distinguish the services of one (1) person, including a unique service, from the services of others, and to indicate the source of the services, even if that source is unknown. See Tennessee Code 47-25-501
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Trademark: means any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the goods of such person, including a unique product, from those manufactured or sold by others, and to indicate the source of the goods, even if that source is unknown. See Tennessee Code 47-25-501
  • Use: means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. See Tennessee Code 47-25-501
(A) When its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Non-use for two (2) consecutive years shall constitute prima facie evidence of abandonment; or
(B) When any course of conduct of the owner, including acts of omission as well as commission, causes the mark to lose its significance as a mark.
(2) “Applicant” embraces the person filing an application for registration of a mark under this part, and the legal representatives, successors, or assigns of such person;
(3) “Dilution” means the lessening of the capacity of a famous mark to identify and distinguish goods or services, regardless of the presence or absence of:

(A) Competition between the owner of the famous mark and other parties; or
(B) Likelihood of confusion, mistake, or deception;
(4) “Mark” includes any trademark or service mark, entitled to registration under this part whether registered or not;
(5) “Person” and any other word or term used to designate the applicant or other party entitled to a benefit or privilege or rendered liable under this part includes a juristic person as well as a natural person. “Juristic person” includes a firm, partnership, corporation, union, association, or other organization capable of suing and being sued in a court of law;
(6) “Registrant” embraces the person to whom the registration of a mark under this part is issued, and the legal representatives, successors, or assigns of such person;
(7) “Secretary” means the secretary of state or the designee of the secretary charged with the administration of this part;
(8) “Service mark” means any word, name, symbol, or device or any combination thereof used by a person, to identify and distinguish the services of one (1) person, including a unique service, from the services of others, and to indicate the source of the services, even if that source is unknown. Titles, character names used by a person, and other distinctive features of radio or television programs may be registered as service marks notwithstanding that they, or the programs, may advertise the goods of the sponsor;
(9) “Trade name” means any name used by a person to identify a business or vocation of such person; and
(10) “Trademark” means any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the goods of such person, including a unique product, from those manufactured or sold by others, and to indicate the source of the goods, even if that source is unknown;
(11) “Use” means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. For the purposes of this part, a mark shall be deemed to be in use:

(A) On goods when it is placed in any manner on the goods or other containers or the displays associated therewith or on the tags or labels affixed thereto, or if the nature of the goods makes such placement impracticable, then on documents associated with the goods or their sale, and the goods are sold or transported in commerce in this state; and
(B) On services when it is used or displayed in the sale or advertising of services and the services are rendered in this state.
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