Tennessee Code Annotated

Tenn. Code Ann. § 47-25-501 (2026)

Part definitions

✓ current as of May 2026

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As used in this part, unless the context otherwise requires:

(1) A mark shall be deemed to be "abandoned" when either of the following occurs:
- (A) When its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Non-use for two (2) consecutive years shall constitute prima facie evidence of abandonment; or
- (B) When any course of conduct of the owner, including acts of omission as well as commission, causes the mark to lose its significance as a mark.

(2) "Applicant" embraces the person filing an application for registration of a mark under this part, and the legal representatives, successors, or assigns of such person;

(3) "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:
- (A) Competition between the owner of the famous mark and other parties; or
- (B) Likelihood of confusion, mistake, or deception;

(4) "Mark" includes any trademark or service mark, entitled to registration under this part whether registered or not;

(5) "Person" and any other word or term used to designate the applicant or other party entitled to a benefit or privilege or rendered liable under this part includes a juristic person as well as a natural person. "Juristic person" includes a firm, partnership, corporation, union, association, or other organization capable of suing and being sued in a court of law;

(6) "Registrant" embraces the person to whom the registration of a mark under this part is issued, and the legal representatives, successors, or assigns of such person;

(7) "Secretary" means the secretary of state or the designee of the secretary charged with the administration of this part;

(8) "Service mark" means any word, name, symbol, or device or any combination thereof used by a person, to identify and distinguish the services of one (1) 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 service marks notwithstanding that they, or the programs, may advertise the goods of the sponsor;

(9) "Trade name" means any name used by a person to identify a business or vocation of such person; and

(10) "Trademark" means any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the goods of such person, including a unique product, from those manufactured or sold by others, and to indicate the source of the goods, even if that source is unknown;

(11) "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 part, a mark shall be deemed to be in use:
- (A) On goods when it is placed in any manner on the goods or other 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
- (B) On services when it is used or displayed in the sale or advertising of services and the services are rendered in this state.

Acts 1982, ch. 698, § 2; T.C.A., §§ 69-530, 47-25-422; Acts 1998, ch. 776, § 1; 2000, ch. 671, § 1.

Notes of Decisions

Cited in 10 cases (2 in the last 5 years), 1986–2026 · leading case: Men of Measure Clothing, Inc. v. Men of Measure, Inc., 710 S.W.2d 43 (Tenn. Ct. App. 1986).

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Men of Measure Clothing, Inc. v. Men of Measure, Inc., 710 S.W.2d 43 (Tenn. Ct. App. 1986). · cites it 8× “T.C.A., § 47-25-501 defines "trademark" as "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.”

State Ex Rel. Elvis Presley Intl. Mem'l Found. v. Crowell, 733 S.W.2d 89 (Tenn. Ct. App. 1987). · cites it 4× “[12] Its amended answer and countercomplaint contains four theories of recovery: (1) the statutory protection of personal rights embodied in Tenn. Code Ann. § 47-25-1101 et seq., (2) the common law right of publicity, (3) unfair competition, and (4) the trademark law at Tenn.”

Kellogg Co. v. Exxon Mobil Corp., 192 F. Supp. 2d 790 (W.D. Tenn. 2001). · cites it 2× “, and trademark infringement and dilution under Tenn.Code Ann. § 47-25-501 et seq.)-, and one claim of declaratory relief for trademark abandonment under 28 U.”

State ex rel. Elvis Presley Int'l Mem'l Found. v. Crowell, 733 S.W.2d 89 (Tenn. Ct. App. 1987). · cites it 4× “, (2) the common law right of publicity, (3) unfair competition, and (4) the trademark law at Tenn. Code Ann. § 47-25-501 et seq. . It is unnecessary to reach Elvis Presley Enterprises, Inc.”

Willowbrook Home Health Care Agency, Inc. v. Willow Brook Ret. Ctr., 769 S.W.2d 862 (Tenn. Ct. App. 1988). · cites it 2× “” Tenn.Code Ann. § 47-25-501(6), (7). The word “Willowbrook” as used by the plaintiff is a “trade name.”

Holiday Inns, Inc. v. 800 Reservation, Inc., 838 F. Supp. 1247 (E.D. Tenn. 1993). “§§ 47-25-501, et seq. Plaintiff also alleges related state claims of interference with prospective business advantage, unjust enrichment, unfair competition, and interference with business relationship.”

Jasmine, LLC v. Jasmine Asian Cuisine, Inc. (Tenn. Ct. App. 2026). · cites it 6× “; Tenn. Code Ann. § 47-25-501 et seq. The Amended Complaint included legal argument and caselaw citations responding to the challenge to venue.”

Kremer v. Reddit, Inc. (M.D. Tenn. 2022). · cites it 3× “Compare Tenn. Code Ann. § 47-25-501 (11) with 15 U.”

Gameel Mesad v. Joseph Yousef (Tenn. Ct. App. 2018). · cites it 2× “Plaintiff alleged that Defendant continued to use the name Quick & Easy after the sale of the business and that this use violated the Tennessee Trademark Act at Tennessee Conde Annotated section 47-25-501, et seq.14 In its ruling from the bench, the trial court stated the…”

Volunteer Beer, Inc. v. Johnson, Jr. (Tenn. Ct. App. 1997). · cites it 5× “” T.C.A. § 47-25-501(b)(1) (1988). 8 registration of trademark.”

— Tenn. Code Ann. § 47-25-501(10) — 1 case

Kremer v. Reddit, Inc. (M.D. Tenn. 2022). “Compare Tenn. Code Ann. § 47-25-501 (11) with 15 U.”

— Tenn. Code Ann. § 47-25-501(6) — 1 case

Willowbrook Home Health Care Agency, Inc. v. Willow Brook Ret. Ctr., 769 S.W.2d 862 (Tenn. Ct. App. 1988). “” Tenn.Code Ann. § 47-25-501(6), (7). The word “Willowbrook” as used by the plaintiff is a “trade name.”

— Tenn. Code Ann. § 47-25-501(b)(1) — 1 case

Volunteer Beer, Inc. v. Johnson, Jr. (Tenn. Ct. App. 1997). “” T.C.A. § 47-25-501(b)(1) (1988). 8 registration of trademark.”

— Tenn. Code Ann. § 47-25-501(g) — 1 case

Men of Measure Clothing, Inc. v. Men of Measure, Inc., 710 S.W.2d 43 (Tenn. Ct. App. 1986). “T.C.A., § 47-25-501 defines "trademark" as "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.”

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