§ 360. Definitions. (a) The term “trademark” as used herein means any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the goods of such person, including a unique product, from those manufactured and sold by others, and to indicate the source of the goods, even if […]
§ 360-a. Registrability. A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it: (a) consists of or comprises immoral, deceptive or scandalous matter; or (b) consists of or comprises matter which may disparage or falsely suggest […]
§ 360-b. Application for registration. Subject to the limitations set forth in this article, any person who uses a mark may file in the office of the secretary, in a manner complying with the requirements of the secretary, an application for registration of that mark setting forth, but not limited to, the following information: (a) […]
§ 360-c. Filing of applications. (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 article. (b) The applicant shall provide any additional pertinent information requested by the secretary including a description of a design mark and […]
§ 360-d. Certificate of registration. Upon compliance by the applicant with the requirements of this article, 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 state, and it shall show […]
§ 360-e. Duration and renewal. A registration of mark hereunder shall be effective for a term of ten years from the date of registration and, upon application filed within six months prior to the expiration of such term, in a manner complying with the requirements of the secretary, the registration may be renewed for a […]
§ 360-f. Assignments, changes of name and other instruments. (a) 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 […]
§ 360-g. Records. The secretary shall keep for public examination a record of all marks registered or renewed under this article, as well as a record of all documents recorded pursuant to section three hundred sixty-f of this article.
§ 360-h. Cancellation. The secretary shall cancel from the register, in whole or in part: (a) any registration concerning which the secretary shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record; (b) all registrations granted under this article and not renewed in accordance with the provisions hereof; (c) […]
§ 360-i. Classification. The secretary shall by regulation establish a classification of goods and services for convenience of administration of this article, 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 […]
§ 360-j. Fraudulent registration. Any person who shall for himself or herself, or on behalf of any other person, procure the filing or registration of any mark in the office of the secretary under the provisions hereof, by knowingly making any false or fraudulent representation or declaration, orally or in writing, or by any other […]
§ 360-k. Infringement. Subject to the provisions of this section, any person who shall: (a) use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this article in connection with the sale, distribution, offering for sale, or advertising of any goods or services on or in […]
§ 360-l. Injury to business reputation; dilution. Likelihood of injury to business reputation or of dilution of the distinctive quality of a mark or trade name shall be a ground for injunctive relief in cases of infringement of a mark registered or not registered or in cases of unfair competition, notwithstanding the absence of competition […]
§ 360-m. Remedies. 1. Any owner of a mark registered under this article 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 said court […]
§ 360-n. Forum for actions regarding registration; service on out of state registrants. (a) Actions to require cancellation of a mark registered pursuant to this article or in mandamus to compel registration of a mark pursuant to this article shall be brought in the supreme court. In an action in mandamus, the proceeding shall be […]
§ 360-o. 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.
§ 360-p. Fees. The application for registration or renewal shall be accompanied by a filing fee or fifty dollars payable to the secretary of state.
§ 360-q. Rules and regulations. The secretary of state may from time to time make regulations for carrying into effect the provisions of this article provided, however, that such supplementary regulations shall be strictly limited in their application to the means and methods of compliance with the provisions of this article to which such power […]
§ 360-r. Severability. If any provision hereof, or the application of such provision to any person or circumstance is held invalid, the remainder of this article shall not be affected thereby.
