81-201 Title.

81-201. Title. This act shall be known and may be cited as the revised Kansas trademark act. History: L. 1999, ch. 85, § 1; July 1.

81-212 Fraudulent registration; liability for damages.

81-212. Fraudulent registration; liability for damages. Any person who for such person’s own behalf, or on behalf of any other person, procures the filing or registration of any mark in the office of the secretary under the provisions of this act, by knowingly making any false or fraudulent representation or declaration, orally or in writing, […]

81-213 Infringement; liability.

81-213. Infringement; liability. Subject to the provisions of K.S.A. 81-217, and amendments thereto, any person who: (a) Uses, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this act in connection with the sale, distribution, offering for sale, or advertising of any goods or services on […]

81-214 Injury to business reputation; dilution.

81-214. Injury to business reputation; dilution. (a) The owner of a mark which is famous in this state shall be entitled, subject to the principles of equity and upon such terms as the court seems reasonable, to an injunction against another person’s commercial use of a mark or trade name, if such use begins after […]

81-215 Remedies.

81-215. Remedies. (a) Any owner of a mark registered under this act may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations of such mark and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display or sale as the court deems just and […]

81-216 Forum for action regarding registration; service on nonresidents.

81-216. Forum for action regarding registration; service on nonresidents. (a) Actions to require cancellation of a mark registered pursuant to this act or in mandamus to compel registration of a mark pursuant to this act shall be brought in the district court. In an action in mandamus, the proceeding shall be based solely upon the […]

81-217 Common law rights.

81-217. Common law rights. Nothing in this act shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law. History: L. 1999, ch. 85, § 17; July 1.

81-218 Fees.

81-218. Fees. The application for registration of a mark and any renewal application shall be accompanied by a filing fee of $25. All other documents filed pursuant to this act shall be accompanied by a filing fee of $5. All fees shall be payable to the secretary of state. History: L. 1999, ch. 85, § […]

81-219 Severability.

81-219. Severability. If any provision of this act, or the application of such provision to any person or circumstance is held invalid or unconstitutional, it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional provision. History: L. 1999, ch. 85, § 19; July 1.

81-220 Effect; intent.

81-220. Effect; intent. (a) The provisions of this act shall not affect any suit, proceeding or appeal pending on the effective date of this act. The provisions of this act are controlling as to all acts relating to marks and parts that are inconsistent with this act, except that as to any application, suit, proceeding […]