Maine Revised Statutes > Title 10 > Part 4 > Chapter 301-A – the Registration and Protection of Marks
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Terms Used In Maine Revised Statutes > Title 10 > Part 4 > Chapter 301-A - the Registration and Protection of Marks
- Agency: means an agency, school, organization, facility or institution. See Maine Revised Statutes Title 20-A Sec. 7001
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Applicant: includes the person filing an application for registration of a mark under this chapter, his legal representatives, successors or assigns. See Maine Revised Statutes Title 10 Sec. 1521
- board: means the Board of the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf. See Maine Revised Statutes Title 20-A Sec. 7402
- Center: means the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf established under section 7401 that is responsible for operating the Mackworth Island preschool, early intervention services and statewide education and family services. See Maine Revised Statutes Title 20-A Sec. 7402
- Certification mark: means a mark used upon or in connection with the products or services of one or more persons other than the owner of the mark to certify regional or other origin, material, mode of manufacture, quality, accuracy or other characteristics of such goods or services, or that the work or labor on the goods or services was performed by members of a union or other organization. See Maine Revised Statutes Title 10 Sec. 1521
- Child Development Services System: means the state intermediate educational unit under section 7209, subsection 3, and any regional sites it chooses to establish and maintain, to ensure the provision of child find activities, early intervention services and free, appropriate public education services to eligible children. See Maine Revised Statutes Title 20-A Sec. 7001
- Child with a disability: means :
A. See Maine Revised Statutes Title 20-A Sec. 7001Collective mark: means a trademark or service mark used by the members of a cooperative, an association or other collective group or organization, and includes marks used to indicate membership in a union, an association or other organization. See Maine Revised Statutes Title 10 Sec. 1521 Commissioner: means the Commissioner of Education or the commissioner's designee. See Maine Revised Statutes Title 20-A Sec. 1 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Conviction: A judgement of guilt against a criminal defendant. Corporate name: includes any corporate name, reserved name, registered name or assumed name as those terms are used in Title 13?C, sections 401, 402, 403 and 404 respectively and includes a corporate name, reserved name, registered name or assumed name as those terms are used in Title 13?B, sections 301?A, 302?A, 303?A and 308?A respectively. See Maine Revised Statutes Title 10 Sec. 1521 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Education. See Maine Revised Statutes Title 20-A Sec. 1 Donor: The person who makes a gift. Early intervention and family services program: means a program that assists in providing early intervention services to children from birth to under 3 years of age who are deaf or hard of hearing within the State in accordance with a memorandum of understanding with the department and in collaboration with the State's intermediate educational unit. See Maine Revised Statutes Title 20-A Sec. 7402 Early intervention services: means developmental services that are provided under public supervision; are provided at no cost except where federal or state law provides for a system of payments by families, including a schedule of sliding fees; are designed to meet the developmental needs of a child with a disability, as identified by the individualized family service plan team, in one or more areas including physical development, cognitive development, communication development, social or emotional development and adaptive development; meet the standards of the State; are provided by qualified personnel; to the maximum extent appropriate, are provided in natural environments, including the home, and community settings in which children without disabilities participate; and are provided in conformity with an individualized family service plan. See Maine Revised Statutes Title 20-A Sec. 7001 Elementary school: means that portion of a school that provides instruction in any combination of kindergarten through grade 8. See Maine Revised Statutes Title 20-A Sec. 1 Executive director: means the Executive Director of the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf. See Maine Revised Statutes Title 20-A Sec. 7402 Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Host school: means the school administrative unit at which a site-based program is located. See Maine Revised Statutes Title 20-A Sec. 7402 Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC Individualized education program team: means the group of individuals composed in accordance with Part B of the federal Individuals with Disabilities Education Act, 20 United States Code § 1414(d)(1)(B) to determine the individualized education program for a child with a disability. See Maine Revised Statutes Title 20-A Sec. 7001 Intermediate educational unit: means an entity that meets the definition of intermediate educational unit in the federal Individuals with Disabilities Education Act, 20 United States Code § 1402, (23) as in effect prior to June 4, 1997 and that is a public authority, other than a local educational agency, under the general supervision of the department, that is established for the purpose of providing free public education on a regional basis and that provides special education and related services to children with disabilities within the State. See Maine Revised Statutes Title 20-A Sec. 7001 Kindergarten: means a one-year or 2-year childhood education program, for children at least 5 years of age, immediately prior to grade one. See Maine Revised Statutes Title 20-A Sec. 1 Limited liability company name: includes a limited liability company name, reserved name, assumed name or registered name as those terms are used in Title 31, sections 1508 to 1511. See Maine Revised Statutes Title 10 Sec. 1521 Limited liability partnership name: includes a limited liability partnership name, reserved name, assumed name or registered name as those terms are used in Title 31, sections 803?A to 806?A. See Maine Revised Statutes Title 10 Sec. 1521 Limited partnership name: includes a limited partnership name or assumed name under Title 31, section 1308 or reserved name or registered name as used in Title 31, section 1309. See Maine Revised Statutes Title 10 Sec. 1521 Mackworth Island preschool: means the preschool program located at Mackworth Island and operated by the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf. See Maine Revised Statutes Title 20-A Sec. 7402 Mark: includes any trademark, service mark, certification mark or collective mark entitled to be registered under this chapter, whether registered or not. See Maine Revised Statutes Title 10 Sec. 1521 Membership: means active participation in the program of a school from the date of enrollment to the time the student withdraws or is absent from the school for 10 consecutive days for reasons other than illness. See Maine Revised Statutes Title 20-A Sec. 15001 Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose. Parent: means a parent, guardian or legal guardian. See Maine Revised Statutes Title 20-A Sec. 1 Person: means any individual, firm, partnership, corporation, association, union or other organization. See Maine Revised Statutes Title 10 Sec. 1521 Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. Private school: means an academy, seminary, institute or other private corporation or body formed for educational purposes covering kindergarten through grade 12 or any portion thereof. See Maine Revised Statutes Title 20-A Sec. 1 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Public school: means a school that is governed by a school board of a school administrative unit and funded primarily with public funds. See Maine Revised Statutes Title 20-A Sec. 1 Registrant: includes the person to whom the registration of a mark under this chapter is issued, the registrant's legal representatives, successors or assigns. See Maine Revised Statutes Title 10 Sec. 1521 Related services: means special education transportation and such developmental, corrective and other related services, as defined by the commissioner, as are required to assist children with disabilities to benefit from their special education programs. See Maine Revised Statutes Title 20-A Sec. 7001 Room and board: means food and residence provided to a student. See Maine Revised Statutes Title 20-A Sec. 7402 School administrative unit: means the state-approved unit of school administration and includes a municipal school unit, school administrative district, community school district, regional school unit or any other municipal or quasi-municipal corporation responsible for operating or constructing public schools, except that it does not include a career and technical education region. See Maine Revised Statutes Title 20-A Sec. 1 Secondary school: means that portion of a school that provides instruction in any combination of grades 9 through 12. See Maine Revised Statutes Title 20-A Sec. 1 Sending school: means any school administrative unit that has a student in attendance at the Mackworth Island preschool or a site-based program. See Maine Revised Statutes Title 20-A Sec. 7402 Service mark: 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. See Maine Revised Statutes Title 10 Sec. 1521 Site-based program: means an inclusive deaf education classroom or classrooms embedded in a general education setting, operating through a memorandum of understanding between the center and a host school. See Maine Revised Statutes Title 20-A Sec. 7402 Special education: means specially designed instruction, at no cost to parents, to meet the unique needs of children with disabilities, as defined by the commissioner, including:
A. See Maine Revised Statutes Title 20-A Sec. 7001Special education facility: means a public or private school, or portion of a public or private school, intended for use in meeting the educational and related needs of children with disabilities. See Maine Revised Statutes Title 20-A Sec. 7001 State licensed agency: means an institution or facility licensed by the State to provide education, emotional or mental health services, alcohol or drug rehabilitation, boarding care or other child care services to a person between the ages of 5 and 20 years. See Maine Revised Statutes Title 20-A Sec. 7001 Statewide education and family services: means educational outreach services, resources and information that are provided by staff employed through the center to children who are deaf or hard of hearing, from 3 through 22 years of age, their families and schools throughout the State, including students at site-based programs. See Maine Revised Statutes Title 20-A Sec. 7402 Statute: A law passed by a legislature. 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. See Maine Revised Statutes Title 10 Sec. 1521 Trademark: 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. See Maine Revised Statutes Title 10 Sec. 1521 Whips: Assistants to the floor leaders who are also elected by their party conferences. The Majority and Minority Whips (and their assistants) are responsible for mobilizing votes within their parties on major issues. In the absence of a party floor leader, the whip often serves as acting floor leader.