HRS § 482-1 - Definitions

PART I. GENERAL PROVISIONS Note Part I designated by L 2001, c 15, §2 and amended by L 2003, c 124, §81; L 2008, c 108, §§2, 5. As used in this chapter, unless the context otherwise requires: "Abandonment" of a mark means when either of the following occurs: (1) When its use has been discontinued with intent not to resume such use; provided that intent not to resume may be inferred from circumstances, and nonuse for two consecutive years shall constitute prima facie evidence of abandonment; or (2) 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. "Applicant" includes the person filing an application for registration of a trade name or mark under this chapter, and the legal representatives, successors, or assigns of such person. "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 competition between the owner of the famous mark and other parties, or likelihood of confusion, mistake, or deception. "Director" means the director of the department of commerce and consumer affairs. "Entity" means a corporation, partnership, limited liability company, or any other type of business entity recognized in this State. "Individual" means a natural person, and includes the estate of an incompetent or deceased individual. "Mark" includes any trademark or service mark, entitled to registration under this chapter whether registered or not. "Partnership" includes a general partnership, limited partnership, and limited liability partnership. "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 chapter, includes an individual, firm, partnership, corporation, limited liability company, union, association, estate, business trust, trust, government, governmental agency or instrumentality, two or more of any of the foregoing having a joint or common interest, or other organization capable of suing and being sued in a court of law. "Registrant" includes the person to whom the registration of a trade name or mark under this chapter is issued, and the legal representatives, successors, or assigns of the person. "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 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. "Trademark" means any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the goods of the 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. "Trade name" means any name used by a person to identify a business or vocation of such person. "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 chapter, a mark shall be deemed to be in use: (1) With respect to 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 (2) With respect to services when it is used or displayed in the sale or advertising of services and the services are rendered in this State. [L 1980, c 26, §1; gen ch 1985; am L 2001, c 15, §3; am L 2003, c 124, §82; am L 2008, c 108, §7]