As used in this chapter the following terms shall have the meaning indicated: The term “trademark” as used herein 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 […]
A registration of a mark hereunder shall be effective for a term of five (5) years from the date of registration and, upon application filed within six (6) months prior to the expiration of such term, in a manner complying with the requirements of the secretary, the registration may be renewed for a like term […]
Any mark and its registration hereunder shall be assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark. Assignment shall be by instruments in writing duly executed and may be […]
The secretary shall keep for public examination a record of all marks registered or renewed under this chapter, as well as a record of all documents recorded pursuant to Section 75-25-13.
The secretary shall cancel from the register, in whole or in part: Any registration concerning which the secretary shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record; All registrations granted under this chapter and not renewed in accordance with the provisions hereof; Any registration concerning which a court […]
The secretary shall by regulation establish a classification of goods and services for convenience of administration of this chapter, but not to limit or extend the applicant’s or registrant’s rights, and a single application for registration of a mark may include any or all goods upon which, or services with which, the mark is actually […]
Any person who shall for himself or herself, or on behalf of any other persons, procure the filing or registration of any mark in the office of the secretary under the provisions hereof, by knowingly making any false or fraudulent representation or declaration, orally or in writing, or by any other fraudulent means, shall be […]
Subject to the provisions of Section 75-25-31 hereof, any person who shall: Use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this chapter, in connection with the sale, distribution, offering for sale, or advertising of any goods or services on or in connection with which […]
Subject to the principles of equity, the owner of a mark which is famous and distinctive, inherently or through acquired distinctiveness, in this state shall be entitled to an injunction against another person’s commercial use of a mark or trade name, if such use begins after the mark has become famous and is likely to […]
Any owner of a mark registered under this chapter may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display or sale as may be by the said court deemed just and reasonable, […]
Actions to require cancellation of a mark registered pursuant to this chapter or to appeal the secretary’s refusal to register a mark pursuant to this chapter shall be brought in the First Judicial District of the Hinds County Chancery Court. In an appeal of the secretary’s refusal to register a mark, the proceeding shall be […]
A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it: Consists of or comprises immoral, deceptive or scandalous matter; or Consists of or comprises matter which may disparage or falsely suggest a connection with persons, living […]
Nothing herein shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.
Fees required by this chapter shall be submitted to the secretary and shall not be refundable. The amount of such fees shall be as follows: Resident Application $ 50.00 Nonresident Application $ 60.00 Resident Renewal $ 50.00 Nonresident Renewal $ 60.00 Assignment $ 50.00 Click to view
If any provision of this chapter, or the application of such provision to any person or circumstances is held invalid, the remainder of this chapter shall not be affected thereby.
The intent of this chapter is to provide a system of state trademark registration and protection substantially consistent with the federal system of trademark registration and protection under the Trademark Act of 1946, as amended. To that end, the construction given the federal act should be examined as persuasive authority for interpreting and construing this […]
Subject to the limitations set forth in this chapter, any person who uses a mark may file in the office of the secretary, in a manner complying with the requirements of the secretary, an application for registration of that mark setting forth, but not limited to, the following information: The name and business address of […]
Upon the filing of an application for registration and payment of the application fee, the secretary may cause the application to be examined for conformity with this chapter. The applicant shall provide any additional pertinent information requested by the secretary including a description of a design mark and may make, or authorize the secretary to […]
Upon compliance by the applicant with the requirements of this chapter, the secretary shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the signature of the secretary and the seal of the state, and it shall show the name and business address […]
