1997 Minnesota Statutes

     333.18 Trademarks and service marks; definitions. 

    Subdivision 1.  (1) The term "trademark" as used in 
 sections 333.18 to 333.31 means any word, name, symbol, or 
 device or any combination thereof adopted and used by a person 
 to identify goods made or sold by that person and to distinguish 
 them from goods made or sold by others.  

    (2) The term "service mark" as used in sections 333.18 to 
 333.31 means a word, name, symbol, or device or any combination 
 thereof adopted and used by a person to identify that person's 
 services and to distinguish them from services of others and 
 includes without limitation the marks, names, symbols, titles, 
 designations, slogans, character names, and distinctive features 
 of radio or other advertising used in commerce.  

    (3) The term "certification mark" means a mark used upon or 
 in connection with the products or services of one or more 
 persons other than the owner of the mark to certify regional or 
 other origin, material, mode of manufacture, quality, accuracy 
 or other characteristics of such goods or services or that the 
 work or labor on the goods or services was performed by members 
 of a union or other organization.  

    (4) The term "collective mark" means a trademark or service 
 mark used by the members of a cooperative, an association or 
 other collective group or organization and includes marks used 
 to indicate membership in a union, an association or other 
 organization.  

    Subd. 2.  The term "person" as used herein means any 
 individual, firm, partnership, corporation, limited liability 
 company, whether domestic or foreign, association, union or 
 other organization.  

    Subd. 3.  The term "applicant" as used herein embraces the 
 person filing an application for registration of a mark under 
 sections 333.18 to 333.31, the applicant's legal 
 representatives, successors or assigns.  

    Subd. 4.  The term "registrant" as used herein embraces the 
 person to whom the registration of a mark under sections 333.18 
 to 333.31 is issued, a legal representative, successors or 
 assigns.  

    Subd. 5.  (1) For the purposes of sections 333.18 to 
 333.31, a trademark shall be deemed to be "used" in this state 
 when it is placed in any manner on the goods or their containers 
 or on the tags or labels affixed thereto or on displays 
 associated with the goods and such goods are sold or otherwise 
 distributed in this state.  

    (2) For the purpose of sections 333.18 to 333.31, a service 
 mark shall be deemed to be "adopted and used" when it is adopted 
 and used in connection with the rendering, selling, or 
 advertising of services in this state to identify the services 
 of one person and distinguish them from the services of others, 
 and such services are rendered.  

    HIST: 1959 c 600 s 1; 1986 c 444; 1992 c 517 art 1 s 33