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La. Rev. Stat. § 51:211 (2026)

Definitions

✓ current as of May 2026
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PART VI. TRADEMARKS, TRADE NAMES,

AND DOMAIN NAMES

SUBPART A. IN GENERAL

§211. Definitions

            A. The term "trademark" as used herein means 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.

            B. The term "service mark" as used herein means 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.

            C. The term "mark" as used herein includes any trademark or service mark entitled to registration under this Subpart whether registered or not, including the designation of a particular place of business.

            D. The term "trade name" means 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.

            E. The term "person" as used herein means any individual, firm, partnership, corporation, association, union, public or private educational institution, or other organization.

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

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

            H. For the purposes of this Subpart, a trademark shall be deemed to be "used" in this state (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 and such goods are sold or otherwise distributed in the 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.

            I. The term "educational institution" as used herein means any institution licensed, approved, or funded by the state to perform educational services.

            J. For the purposes of this Subpart, any document required to be filed with the secretary of state shall be deemed filed when it is received either physically or electronically in any office designated by the secretary of state for the receipt of such documents.

            Acts 1954, No. 235, §2. Amended by Acts 1968, No. 475, §1; Acts 1979, No. 762, §1; Acts 1999, No. 342, §7; Acts 2001, No. 388, §1, eff. June 13, 2001; Acts 2019, No. 19, §3, eff. May 28, 2019.

Notes of Decisions
Cited in 27 cases, 1962–2020 · leading case: The Vision Ctr., Cross v. Opticks, Inc., Will Ross, Inc. & G. D. Searle & Co., Cross, 596 F.2d 111 (5th Cir. 1979).
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The Vision Ctr., Cross v. Opticks, Inc., Will Ross, Inc. & G. D. Searle & Co., Cross, 596 F.2d 111 (5th Cir. 1979). · cites it 2× “R.S. 51:211 et seg. At present, no one else in the New Orleans market area uses the combination of words “vision” and "center.”
Bobby & Ray Williams P'ship, LLP v. SHREVEPORT HAYRIDE CO. LLC, 873 So. 2d 739 (La. Ct. App. 2004). · cites it 4× “S. 51:211(D). A trademark shall be deemed to be "used" in this state (1) on goods when placed thereon or their containers or on the affixed labels and such goods are sold or distributed in this state, and (2) on services when it is used or displayed in the sale or advertising of…”
Gulf Coast Bank v. Gulf Coast Bank & Trust Co., 652 So. 2d 1306 (La. 1995). · cites it 2× “R.S. 51:211, et seq. It has continued to operate under the name "Gulf Coast Bank" to the present day.”
Prudhomme v. Procter & Gamble Co., 800 F. Supp. 390 (E.D. La. 1992). · cites it 2× “See La. Rev.Stat. § 51:211 et seq. (trademark infringement); La.”
Givens Jewelers, Inc. v. Givens, 380 So. 2d 1227 (La. Ct. App. 1980). “After registering the Givens Jewelers mark for his corporation under LRS 51:211 et seq. on July 20, 1978, F. A.”
Arcement Boat Rentals, Inc. v. Good, 820 So. 2d 615 (La. Ct. App. 2002). “R.S. 51:211 et seq. or La. R.S. 51:281 et seq.”
Ramsey's Mfg. Jewelers, Inc. v. Ramsey, 924 So. 2d 1045 (La. Ct. App. 2006). · cites it 3× “R.S. 51:211, et seq. (Louisiana Trademark Law.”
Metalock Corp. v. Metal-Locking of Louisiana, Inc., 260 So. 2d 814 (La. Ct. App. 1972). “One aspect is the application of the statutory law pertaining to trademarks set out in LSA-R.S. 51:211 et seq. As set out in the amendment by Act 235 of 1954, the definition of a trademark is as follows: "§ 211.”
Head v. Waggoner, 552 So. 2d 599 (La. Ct. App. 1989). “However, LSA-R.S. 51:211(D) defines "trade name" as "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.”
Gallo v. Safeway Brake Shops of Louisiana, Inc., 140 So. 2d 912 (La. Ct. App. 1962). “Plaintiff-appellant prosecutes this appeal from a judgment rendered after trial on the merits by the Civil District Court for the Parish of Orleans which denied him injunctive relief and damages which he had sought under the provisions of LSA-R.S. 51:211 et seq. (as re-enacted…”
All. for Good Gov't, Inc. v. St. Bernard All. for Good Gov't, Inc., 686 So. 2d 83 (La. Ct. App. 1996). · cites it 4× “Thus, the court in Chinchuba, dismissed the argument that a public school infringes on the use of a registered trade name only if it uses the name for a commercial purpose, concluding that Chinchuba Institute, a private school for the deaf, was a “person” within the definition…”
Chinchuba Inst. v. St. Tammany Par. Bd., 664 So. 2d 1230 (La. Ct. App. 1995). · cites it 4× “Both Chinchuba School and the public school (which is regulated by the School Board) are "educational institutions" within the definitions of LSA R.S. 51:211. The School Board has cited no authority for its assertion that public schools are exempt from the jurisprudentially…”
Show all 27 citing cases →
La. Rev. Stat. § 51:211(A): 1 case
Bobby & Ray Williams P'ship, LLP v. SHREVEPORT HAYRIDE CO. LLC, 873 So. 2d 739 (La. Ct. App. 2004). “S. 51:211(D). A trademark shall be deemed to be "used" in this state (1) on goods when placed thereon or their containers or on the affixed labels and such goods are sold or distributed in this state, and (2) on services when it is used or displayed in the sale or advertising of…”
La. Rev. Stat. § 51:211(D): 5 cases
Bobby & Ray Williams P'ship, LLP v. SHREVEPORT HAYRIDE CO. LLC, 873 So. 2d 739 (La. Ct. App. 2004). “S. 51:211(D). A trademark shall be deemed to be "used" in this state (1) on goods when placed thereon or their containers or on the affixed labels and such goods are sold or distributed in this state, and (2) on services when it is used or displayed in the sale or advertising of…”
Head v. Waggoner, 552 So. 2d 599 (La. Ct. App. 1989). “However, LSA-R.S. 51:211(D) defines "trade name" as "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.”
All. for Good Gov't, Inc. v. St. Bernard All. for Good Gov't, Inc., 686 So. 2d 83 (La. Ct. App. 1996). “Thus, the court in Chinchuba, dismissed the argument that a public school infringes on the use of a registered trade name only if it uses the name for a commercial purpose, concluding that Chinchuba Institute, a private school for the deaf, was a “person” within the definition…”
Chinchuba Inst. v. St. Tammany Par. Bd., 664 So. 2d 1230 (La. Ct. App. 1995). “Both Chinchuba School and the public school (which is regulated by the School Board) are "educational institutions" within the definitions of LSA R.S. 51:211. The School Board has cited no authority for its assertion that public schools are exempt from the jurisprudentially…”
Agg v. St. Bernard Agg, 686 So. 2d 83 (La. Ct. App. 1996).
La. Rev. Stat. § 51:211(E): 1 case
Chinchuba Inst. v. St. Tammany Par. Bd., 664 So. 2d 1230 (La. Ct. App. 1995). “Both Chinchuba School and the public school (which is regulated by the School Board) are "educational institutions" within the definitions of LSA R.S. 51:211. The School Board has cited no authority for its assertion that public schools are exempt from the jurisprudentially…”
La. Rev. Stat. § 51:211(H): 2 cases
Bobby & Ray Williams P'ship, LLP v. SHREVEPORT HAYRIDE CO. LLC, 873 So. 2d 739 (La. Ct. App. 2004). “S. 51:211(D). A trademark shall be deemed to be "used" in this state (1) on goods when placed thereon or their containers or on the affixed labels and such goods are sold or distributed in this state, and (2) on services when it is used or displayed in the sale or advertising of…”
Bobby & Ray Williams v. Shreveport, 882 So. 2d 676 (La. Ct. App. 2004).
La. Rev. Stat. § 51:211(I): 1 case
Chinchuba Inst. v. St. Tammany Par. Bd., 664 So. 2d 1230 (La. Ct. App. 1995). “Both Chinchuba School and the public school (which is regulated by the School Board) are "educational institutions" within the definitions of LSA R.S. 51:211. The School Board has cited no authority for its assertion that public schools are exempt from the jurisprudentially…”
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