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.
Section 4 – Conformity of Application With Chapter; Additional Information; Disclaimer of Unregisterable Components; Amendments; Refusal of Registration
Section 4. (a) Upon the filing of an application for registration and payment of the application fee, the secretary may cause the application to be examined for conformity with this chapter. (b) The applicant shall provide any additional pertinent information requested by the secretary including a description of a design mark and may make, or […]
Section 5 – Certificate of Registration; Issuance; Admissibility in Evidence
Section 5. (a) Upon compliance by the applicant with the requirements of this chapter, the secretary 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 and the seal of the commonwealth, and it shall show the name […]
Section 6 – Effective Term; Renewal
Section 6. (a) A registration of mark hereunder shall be effective for a term of 5 years from the date of registration and, upon application filed within 6 months before the expiration of the term, in a manner complying with the requirements of the secretary, the registration may be renewed for a like term from […]
Section 7 – Assignment of Marks and Registration; Recording
Section 7. (a) A 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 be by instruments in writing duly executed […]
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 […]