Trademarks and Service Marks
(1)“Applicant” means a person that files an application to register a mark under this chapter, and the person’s legal representatives, successors or assigns.
(2)“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.
(3)“Mark” means a trademark or service mark entitled to registration under this chapter whether registered or not.
(4)“Person” means an individual, firm, partnership, corporation, association, limited liability company, union or other organization capable of suing or being sued in a court.
(5)“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.
(6)“Retail value” means:
(a)For items that bear a counterfeit mark and are components of a finished product, the regular selling price of the finished product in which the component would be utilized.
(b)For items that bear a counterfeit mark other than items described in paragraph (a) of this subsection and for services that are identified by a counterfeit mark, the regular selling price of the item or service.
(7)“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.
(8)“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.
(9)“Trade name” means a name that a person uses to identify the person’s business or vocation.
(b)“Use” does not include a use of a mark made merely to reserve a right in a mark. [1961 c.497 §1; 1965 c.511 §1; 1981 c.633 §71; 1989 c.931 §1; 1999 c.722 §7; 2009 c.459 §1]
Notes of Decisions
Meaning of term “trade name,” as used in Code of Professional Responsibility of Oregon State Bar, is not same as meaning of that term under this section. In re Shannon/Johnson, 292 Or 339, 638 P2d 482 (1982)