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Trademarks
& Service Marks
Definitions & Restrictions
Definitions:
Person
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By law, the word "person" includes both a natural person (individual) and a juristic
person (firm, corporation, partnership, union, association, or other organization capable
of suing and being sued in a court of law).
Use
- On goods--when the mark is placed in any
manner on the goods, their containers, associated displays, or attached tags or labels, or
if that placement is impossible, on documents associated with the sale of the goods and
the goods are sold or transported in commerce in WV.
- On services--when the mark is used or
displayed in the sale or advertising of services, and the services are rendered in WV.
Restrictions: A
trademark or service mark may not:
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May not be immoral,
deceptive or scandalous
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May not disparage or
falsely suggest connection with persons, institutions,
beliefs, or national symbols, or bring them into contempt or
disrepute
-
May not consist of
or comprise the flag or coat of arms or other insignia of the
United States, any state or municipality, or any foreign
nation, or any simulation of these
-
May not be the name,
signature or portrait of a living individual without written
consent of that person
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May not be
deceptively misdescriptive
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May not be merely
descriptive or geographically descriptive
-
May not be merely a
surname
-
May not so resemble
a mark registered or a mark or trade name used and not
abandoned as to cause confusion
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