(b) "Applicant" means the person filing an application for
registration of a mark under this Act, and the legal
representatives, successors, or assigns of that
(c) "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 (1) competition
owner of the famous mark and other
parties, or (2) likelihood of confusion, mistake, or
(d) "Mark" includes any trademark or
servicemark entitled to registration under this Act whether
registered or not.
(e) "Person" and any other word or term used to designate the
applicant or other party entitled to benefit or privilege or
rendered liable under the provisions of this Act means a natural
person as well as a firm, partnership, corporation, union,
association, or other organization capable of suing and being sued
in a court of law.
(f) "Registrant" means the person to whom the
registration of a mark is issued under this Act, and the legal
representatives, successors, or assigns of that person.
(g) "Secretary" means the Secretary of State
of Illinois or the designee of the Secretary charged with the
administration of this Act.
(h) "Servicemark" 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 servicemarks notwithstanding that they, or the
programs, may advertise the goods of the sponsor.
(i) "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 and sold by others, and to
indicate the source of the goods, even if that source is unknown.
(j) "Tradename" means any name used by a person to identify
a business or vocation of the person.
(k) "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 Act, a mark shall be deemed to be in use
(1) 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, 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) on services when it is used or
displayed in the sale or advertising of services and the services
are rendered in this State.
(Source: P.A. 90-231, eff. 1-1-98.)