§ 78-21. Definitions.

(A) The term "trademark" as used herein means any word, name, symbol, emblem, or device or any combination thereof adopted and used by a person to identify goods made or sold or services rendered by him and to distinguish them from goods made or sold or services rendered by others.

(B) The term "person" as used herein means any individual, firm, partnership, corporation, association, union or other organization.

(C) The term "applicant" as used herein embraces the person filing an application for registration of a trademark under this act, his legal representatives, successors or assigns.

(D) The term "registrant" as used herein embraces the person to whom the registration of a trademark under this act is issued, his legal representatives, successors or assigns.

(E) For the purposes of this act, a trademark shall be deemed to be "used" in this state (1) when it is placed in any manner on the goods or their containers or on the tags or labels affixed thereto and such goods are sold or otherwise distributed in this state, or (2) when it is used in any manner in connection with the sale or advertising of services in this state.

(F) The term "emblem" as referred to in section (A) shall be deemed any badge, motto, button, decoration, charm, rosette or such other insignia.

Laws 1959, p. 368, § 1.