Section 8 – Public Records
Section 8. 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 7.
Section 9 – Cancellation of Registration
Section 9. (a) The secretary shall cancel from the register, in whole or in part:— (1) a registration concerning which the secretary shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record; (2) registrations granted under this chapter and not renewed in accordance with the provisions hereof; (3) a […]
Section 10 – Classification of Goods and Services; Rules and Regulations
Section 10. 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 […]
Section 11 – Fraudulent Procurement of Registration; Damages
Section 11. A 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 under this chapter, by knowingly making any false or fraudulent representation or declaration, orally or in writing, or by any other fraudulent means, shall be liable […]
Section 12 – Use or Counterfeit of Marks Without Consent of Registrant
Section 12. Subject to section 16, a person who shall:— (i) 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 the […]
Section 13 – Injunctive Relief
Section 13. Likelihood of injury to business reputation or of dilution of the distinctive quality of a mark registered under this chapter, or a mark valid at common law, or a trade name valid at common law, shall be a ground for injunctive relief notwithstanding the absence of competition between the parties or the absence […]
Section 14 – Actions for Counterfeit or Imitation Marks; Injunctions; Damages
Section 14. (a) An 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 the superior court may grant injunctions to restrain the manufacture, use, display or sale as may be considered by the court as just and […]
Section 15 – Actions to Require Cancellation or to Compel Registration
Section 15. (a) Actions to require cancellation of a mark registered pursuant to this chapter or in mandamus to compel registration of a mark pursuant to this chapter shall be brought in the superior court. In an action in mandamus, the proceeding shall be based solely upon the record before the secretary. In an action […]
Section 16 – Common Law Rights
Section 16. Nothing herein shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.
Section 17 – Fees for Applications, Recording and Related Services
Section 17. The secretary shall by regulation prescribe the fees payable for the various applications and recording fees and for related services. Unless specified by the secretary, the fees payable herein are not refundable.