48-501. DEFINITIONS. Whenever used in this chapter: (1) "Abandoned" shall mean when either of the following occurs: (a) When the use of the mark has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Nonuse for two (2) consecutive years shall constitute prima facie evidence of […]
48-502. REGISTRABILITY. (1) In order to be registered, a mark must have some element of distinctiveness, arbitrariness or uniqueness, which may be inherent to the mark or acquired through extended usage and establishment of a reputation. (2) A mark by which the goods or services of any applicant for registration may be distinguished from the […]
48-503. APPLICATION FOR REGISTRATION. Subject to the limitations set forth in this act, any person who uses a mark may file in the office of the secretary of state, in a form prescribed by the secretary of state, an application for registration of that mark setting forth, but not limited to, the following information: (1) […]
48-504. FILING OF APPLICATIONS. (1) Upon the receipt of an application for registration and payment of the application fee, the secretary of state shall cause the application to be examined for conformity with this chapter. (2) The applicant shall provide any additional pertinent information requested by the secretary of state including a description of a […]
48-505. CERTIFICATE OF REGISTRATION. Upon compliance by the applicant with the requirements of this act, 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 […]
48-506. DURATION AND RENEWAL. (1) A registration of mark hereunder shall be effective for a term of ten (10) 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 rules of the secretary of state, the registration may […]
48-507. ASSIGNMENTS, AMENDMENTS, CHANGES OF NAME AND OTHER INSTRUMENTS. (1) 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 […]
48-508. RECORDS. The secretary of state shall keep for public examination a record of all marks registered or renewed under this act, as well as a record of all documents filed pursuant to section 48-507, Idaho Code, until disposed of in accordance with chapter 57, title 67, Idaho Code. History: [48-508, added 1996, ch. 404, […]
48-509. CANCELLATION. The secretary of state shall cancel from the register, in whole or in part: (1) Any registration concerning which the secretary of state receives a voluntary request for cancellation from the registrant or the assignee of record; (2) All registrations granted under this act and not renewed in accordance with the provisions of […]
48-510. CLASSIFICATION. The secretary of state shall use the international classification of goods and services for convenience of administration of this act, 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 […]
48-511. FRAUDULENT REGISTRATION. Any person who shall for himself, or on behalf of any other person, procure the filing or registration of any mark in the office of the secretary of state under the provisions of this chapter, by knowingly making any false or fraudulent representation or declaration, orally or in writing, or by any […]
48-512. INFRINGEMENT. Subject to the provisions of section 48-516, Idaho Code, any person who shall: (1) Use, 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 or […]
48-513. INJURY TO BUSINESS REPUTATION — DILUTION. The owner of a mark which is famous in this state shall be entitled, subject to the principles of equity, to an injunction against another’s use of a mark, commencing after the owner’s mark becomes famous, which causes dilution of the distinctive quality of the owner’s mark, and […]
48-514. REMEDIES. 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 thereof and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display or sale as may be by the court deemed just and […]
48-515. FORUM FOR ACTIONS REGARDING REGISTRATION — SERVICE ON OUT-OF-STATE REGISTRANTS. (1) Actions to require cancellation of a mark registered pursuant to this act or to appeal the denial of registration of a mark pursuant to this act shall be brought in the district court in and for Ada county. In an action to compel […]
48-516. COMMON LAW RIGHTS. Nothing herein shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law. History: [48-516, added 1996, ch. 404, sec. 2, p. 1344.]
48-517. FEES. The secretary of state shall charge thirty dollars ($30.00) for the various applications and filing fees required in this chapter and for related services. The application fee payable herein shall be refunded if the registration for a mark is not granted. History: [48-517, added 1996, ch. 404, sec. 2, p. 1345; am. 1999, […]
48-518. TIME OF TAKING EFFECT — REPEAL OF PRIOR ACTS — INTENT OF ACT. This act shall be in force and effect on July 1, 1996, but shall not affect any suit, proceeding or appeal then pending. All acts relating to marks and parts of any other acts inconsistent herewith are hereby repealed on the […]
