As used in this chapter: (1) Applicant means a person that files an application to register a mark under this chapter, and the persons legal representatives, successors or assigns. (2) Dilution means an association that arises from the similarity between a mark or trade name and a famous mark, regardless of the presence or absence of competition between the owner of the famous mark and another party, actual or likely confusion, mistake, deception or actual economic injury, if the association: (a) Impairs the distinctiveness of the famous mark, an association commonly known as dilution by blurring; or (b) Harms the reputation of the famous mark, an association commonly known as dilution by tarnishment. (3) Mark means a trademark or service mark entitled to registration under this chapter whether registered or not. (4) Person means an individual, firm, partnership, corporation, association, limited liability company, union or other organization capable of suing or being sued in a court. (5) Registrant means a person to whom the registration of a mark is issued under this chapter, and the persons legal representatives, successors or assigns. (6) Retail value means: (a) For items that bear a counterfeit mark and are components of a finished product, the regular selling price of the finished product in which the component would be utilized. (b) For items that bear a counterfeit mark other than items described in paragraph (a) of this subsection and for services that are identified by a counterfeit mark, the regular selling price of the item or service. (7) Service mark means a word, name, symbol or device or a combination of words, names, symbols or devices that a person uses to identify and distinguish the persons services, including a unique service, from another persons services and to indicate the source of the services, even if the source is unknown. (8) Trademark means a word, name, symbol or device or a combination of words, names, symbols or devices that a person uses to identify and distinguish the persons goods, including a unique product, from another persons goods and to indicate the source of the goods, even if the source is unknown. (9) Trade name means a name that a person uses to identify the persons business or vocation. (10)(a) Use means a bona fide use of a mark as described in ORS 647.017 in the ordinary course of trade. (b) Use does not include a use of a mark made merely to reserve a right in a mark. (Registration)
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