[ Chapter 110B effective until October 30, 2006. Repealed by 2006, 195, Sec. 1.]
[ Text of section effective until October 30, 2006. Repealed by 2006, 195, Sec. 1.]
Section 1. As used in this chapter, the following words shall, unless the context otherwise requires, have the following meanings:
"Applicant'', any person filing an application for registration of a mark under this chapter, his legal representatives, successors or assigns;
"Mark'', any trademark or service mark entitled to registration under this chapter whether registered or not;
"Person'', any individual, firm, partnership, corporation, association, union or other organization;
"Registrant'', any person to whom the registration of a mark under this chapter is issued, his legal representative, successors or assigns;
"Service mark'', a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others;
"Trade name'', a word, name, symbol, device or any combination thereof used by a person to identify his business, vocation or occupation and distinguish it from the business, vocation or occupation of others;
"Trademark'', any word, name, symbol or device, or any combination thereof, adopted and used by a person to identify goods made or sold by him, and to distinguish them from goods made or sold by others.
For the purposes of this chapter, a trademark shall be deemed to be "used'' in the commonwealth (a) on goods when it is placed in any manner on the goods or their containers or the displays associated therewith or on the tags or labels affixed thereto and such goods are sold or otherwise distributed in the commonwealth, and (b) on services when it is used or displayed in the sale or advertising of services and the services are rendered in the commonwealth.