§ 10-1-454. Penalties for Forged or Counterfeited Trademarks, Service Marks, Copyrighted or Registered Designs, or Unauthorized Reproductions; Forfeiture
As used in this Code section, the term “forged or counterfeited trademark, service mark, or copyrighted or registered design” means any mark or design which is identical to, substantially indistinguishable from, or an imitation of a trademark, service mark, or copyrighted or registered design which is registered for those types of goods or services with […]
§ 10-1-470. Imitation of Name or Emblem Prohibited; Priority of Right to Use Name
No person or organization shall assume, use, adopt, become incorporated under, or continue to use the name and style or emblems of any benevolent, fraternal, social, humane, or charitable organization previously existing in this state, and which has been incorporated under the laws of this or any other state or of the United States, or […]
§ 10-1-471. Injunction Against Infringement
Whenever there shall be an actual or threatened violation of Code Section 10-1-470, the organization entitled to the exclusive use of the name in question under the terms of said Code section shall have the right to apply to the proper court for an injunction to restrain the infringement of its name and the use […]
§ 10-1-472. Unauthorized Use of Emblem or Name or False Claim of Membership a Misdemeanor
Any person who shall wear a badge, button, or other emblem or shall use the name or claim to be a member of any benevolent, fraternal, social, humane, or charitable organization which is entitled to the exclusive use of such name and emblems under Code Section 10-1-470, either in the identical form or in such […]
§ 10-1-490. Business Using Trade, Partnership, or Other Name Not Showing Ownership to File Registration Statement; Indexing; Fee
Every person, firm, or partnership carrying on in this state any trade or business under any trade name or partnership name or other name which does not disclose the individual ownership of the trade, business, or profession carried on under such name shall, within 30 days from March 29, 1937, or thereafter before commencing to […]
§ 10-1-491. Contracts of Unregistered Businesses Valid; Costs to Be Paid if Name Not Registered
The effect of this part shall be that no contract or undertaking entered into by any person, firm, or corporation, whether heretofore or hereafter entered into, shall be invalidated or declared illegal on the ground that the same was entered into in a trade or partnership name not filed or registered in accordance with the […]
§ 10-1-444. Registration of Marks
Upon compliance by the applicant with the requirements of this part, the Secretary of State 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 of State and the seal of the state and it shall show the […]
§ 10-1-492. Exemption of Corporations, Limited or Professional Partnerships, or Limited Liability Companies
This part shall not apply to corporations doing business under their corporate names, to limited partnerships doing business under their limited partnership names, or to limited liability companies doing business under their limited liability company names which have been filed for record pursuant to Chapter 9, 9A, or 11 of Title 14, as amended, or […]
§ 10-1-440. When Trademark or Service Mark Used in State; Definitions
As used in this part, the term: “Applicant” means the person filing an application for registration of a trademark or service mark under this part and the legal representatives, successors, or assigns of the person filing an application for registration of a trademark or service mark under this part. “Person” means any individual, firm, partnership, […]
§ 10-1-441. Registration of Marks — When Marks Ineligible
A trademark or service mark shall be entitled to registration unless 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 or dead, institutions, beliefs, or national symbols or bring them into contempt or disrepute; or Consists of […]