§78-72. Purpose.
The purpose of the American Indian Arts and Crafts Sales Act of 1974 is to protect the public, under the police powers of the state, from false representation in the sale of authentic and imitation American Indian arts and crafts. Laws 1974, c. 149, § 2, emerg. eff. May 3, 1974.
§78-26. Assignment.
Any trademark and its registration shall be assignable with the good will of the business in which the trademark is used, or with that part of the good will of the business connected with the use of and symbolized by the trademark. Assignment shall be by instruments in writing duly executed and may be recorded […]
§78-73. Definitions.
As used in the American Indian Arts and Crafts Sales Act of 1974, unless the context otherwise requires, the following terms or phrases shall have the following meanings: 1. “American Indian tribe” means any Indian tribe federally recognized by the Bureau of Indian Affairs of the United States Department of the Interior; 2. “American Indian” […]
§78-27. Records.
The Secretary of State shall keep for public examination a record of all trademarks registered or renewed under this act. Laws 1959, p. 371, § 7.
§78-28. Cancellation.
A. The Secretary of State shall cancel from the register: 1. After one (1) year from the effective date of this act, all registrations under prior acts which are more than ten (10) years old and not renewed in accordance with this act; 2. Any registration concerning which the Secretary of State shall receive a […]
§78-29. Classification.
The following general classes of goods and services are established 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 trademark may include any or all goods upon which or services with which the trademark is actually being used […]
§78-30. Fraudulent registration.
Any person who shall for himself, or on behalf of any other person, procure the filing or registration of any trademark in the office of the Secretary of State under the provisions hereof, by knowingly making any false or fraudulent representation or declaration, verbally or in writing, or by any other fraudulent means, shall be […]
§78-31. Infringement.
Subject to the provisions of Section 13 hereof, any person who shall (a) use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a trademark registered under this act in connection with the sale, offering for sale, or advertising of any goods on or in connection with which such use […]
§78-32. Remedies.
Any owner of a trademark 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 said court deemed just and reasonable, […]
§78-33. Common law rights.
Nothing herein shall adversely affect the right or the enforcement of rights in trademarks acquired in good faith at any time at common law. Laws 1959, p. 373, § 13.