US Lawyer Database

§ 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 […]

§ 10-1-444. 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 […]

§ 10-1-440. 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 […]